tor, in such case to make such inspection or cause it to be made by a deputy whom he shall designate. d. Regardless of the method or methods used to accomplish the inspection required by this section, the person making the inspection shall file the report thereof with the school authorities no later than the first day of December. 4. The director of the division of fire safety of the office for local government in the executive department shall prescribe the form of the fire inspection report. The commissioner of education shall furnish a supply of such form to school authorities. 5.a. The report of any fire inspection shall be filed in the office of the school authorities and, in the case of private schools, the report also shall be filed in the office of the director of division of fire safety of the office for local government in the executive department and, in the case of public schools, the report also shall be filed with the commissioner of education. All such reports so filed in any public office shall be kept as public records for at least three years after which period they may be destroyed. *** c. The school authorities of public schools shall cause such notice to be published at least once in the official newspaper, or if there is no official newspaper, in a newspaper having general circulation in the school district, and if there is no newspaper having general circulation in the district, shall cause such notice to be posted in twn conspicuous places in the district. Proof of publication or posting of such notice and of the mailing of a copy of such notice to the fire chief shall be filed in the office of the district. d. The school authorities of private schools shall cause such notice to be published at least once in a newspaper having general circulation in the postal area in which the school building is located, and if there is no newspaper having general circulation in such postal area, shall cause such notice to be posted in ten conspicuous places in such postal area. Proof of posting or publication of such notice and of the mailing of a copy of such notice to the fire chief shall be filed in the school office. e. If the report shows any alleged deficiencies, the school authorities shall give at least five days notice by mail to the chief of the fire department or fire company responsible for fire protection of the school building of the date and place of a meeting of the trustees, board of education, or corresponding officers by whatever name known, to be held within thirty days following the publication or posting required by this section, and shall at such meeting confer with the fire chief concerning the alleged deficiencies appearing on the inspection report and the measures proposed to be taken by the school authorities to correct such deficiencies. f. In each such school district subject to the jurisdiction of a district superintendent under the provisions of article forty-five of the education law, such district superintendent shall ascertain that the notices required by this subdivision have been published or posted, and mailed, and any conference with the fire chief required by this subdivision has been had. 6. It shall be the duty of the commissioner of education, in the case of public schools, and the director of the division of fire safety, in the case of private schools, to ascertain annually whether the inspections of school buildings required by this section have been made and the reports of the inspection have been filed in their respective offices. The commissioner of education, in the case of public schools, and the director of the division of fire safety, in the case of private schools, shall review the reports of inspection filed pursuant to this section and may make recommendations to the school authorities with respect to any problems relating to school fire safety noted in such reports. The commissioner of education, in the case of public schools, and the director of the division of fire safety, in the case of private schools, may inspect or cause to be inspected at any reasonable time for fire prevention and fire protection purposes the school buildings required to be inspected by this section. 7. Every public or private school required to be inspected as hereinabove provided may be inspected for fire prevention and fire protection purposes at any reasonable time by: a. the chief of the fire department of the city, town, village or fire district in which the school is located, b. the chief of a fire corporation having its headquarters outside a village or fire district, if the school is located in the area described in the certificate of incorporation of such company, c. the chief of the fire department or fire company affording fire protection to a fire district, fire protection district, or fire alarm district pursuant to a contract, if the school is located in any such district, d. the member of any fire department or fire company listed in paragraphs a, b or c of this subdivision assigned by the chief thereof the duty of inspecting school buildings. 8. Any person, or any public or other corporation for which any such person acts, shall not be liable for any error, omission or lack of thoroughness in the making of the inspection and report required or permitted by this section. 9. The term "school authorities", as used in this section, means, in relation to public schools, the trustees, or board of education, or corresponding officers, whether one or more, and by whatever name known of a city school district, or other school district however created, or, in relation to private schools, the board of trustees, board of directors, or other governing board in general charge of the operation of any such school. 10. The term "private school", as used this section means: a. Any nursery school or kindergarten attended by six or more pupils three years of age or older which may apply for registration by the New York state education department pursuant to part one hundred twenty-five of title eight of the official compilation of codes, rules and regulations of the state of New York; provided, however, that this section shall not apply to day care facilities possessing a valid permit as required by section three hundred ninety of the social services law; or b. Any establishment, other than a public school, attended by twenty-five or more pupils for the purpose of receiving the instruction of academic grade at the elementary or secondary level required by part one of article sixty-five of this chapter. 11. This section shall not apply to the school authorities in the cities of New York, Buffalo, Rochester, Syracuse, Yonkers and Albany or to colleges and universities. [As amended L. 1971, ch. 284, secs. 1-3; L. 1971, ch. 700; L. 1974, ch. 511, sec. 5.] SEC. 807-c. Transmission of fire alarm to fire department.-1. The school authorities designated in subdivision nine of section eight hundred seven-a of this chapter in charge of the operation of any public school or of any private school designated in subdivision ten of such section, located in an area within which a fire department or fire company is responsible for fire protection and within which there is no electrically or electronically operated fire alarm reporting system provided for public use may cause the internal fire alarm, fire detection, or fire extinguishing system of each building in which is contained classroom, dormitory, laboratory, physical education, dining or recreational facilities for student use to be interconnected with the fire alarm reporting location or system which is provided for such fire department or fire company to receive alarms from the public so that upon activation of such internal fire alarm, fire detection, or fire extinguishing system a signal will be automatically transmitted to such fire alarm reporting location or system. 2. School authorities and the governing body having jurisdiction of any fire department or fire company are hereby authorized, by agreement between them, to apportion the costs of installing and maintaining any such interconnection, and such costs are hereby deemed appropriate expenditures from the funds of such school authorities and governing bodies. [Added L. 1970, ch. 922, sec. 1; amended L. 1974, ch. 1015, sec. 1.] SEC. 807-d. Locating source of fires in schools.-1. In all public and private school buildings having a central annunciator panel or fire alarm cabinet which displays a visual signal identifying any heat detector, smoke detector, or manually operated fire alarm box within the building which has been activated, there shall be provided as a part of or immediately adjacent to such panel or cabinet a chart or plan showing the specific location within the building of each such device. 2. In the case of school buildings and additions to existing school buildings, the construction of which is commenced after September first, nineteen hundred seventy-three, any such panel or cabinet and such chart or plan within such building or addition shall be so located that the same may be read without entering the building. [Added L. 1973, ch. 695, sec. 1.] Art. 19. Medical and Health Service (Title I). SEC. 912. Health and welfare services to all children.-The voters and/or trustees or board of education of every school district shall, upon request of the authorities of a school other than public, provide resident children who attend such school with any or all of the health and welfare services and facilities which are made available by such voters and/or trustees or board of education to or for children attending the public schools of the district. Such services may include, but are not limited to all services performed by a physician, dentist, dental hygienist, nurse, school psychologist, school social worker or school speech correctionist, and may also include dental prophylaxis, vision and hearing tests, the taking of medical histories and the administration of health screening tests, the maintenance of cumulative health records and the administration of emergency care programs for ill or injured pupils. Any such services or facilities shall be so provided notwithstanding any provision of any charter or other provision of law inconsistent herewith. Where children residing in one school district attend a school other than public located in another school district, the school authorities of the district of residence shall contract with the school authorities of the district where such nonpublic school is located, for the provision of such health and welfare services and facilities to such children by the school district where such nonpublic school is located, for a consideration to be agreed upon between the school authorities of such districts, subject to the approval of the qualified voters of the district of residence when required under the provisions of this chapter. Every such contract shall be in writing and in the form prescribed by the commissioner of education, and before such contract is executed the same shall be submitted for approval to the superintendent of schools having jurisdiction over such district of residence and such contract shall not become effective until approved by such superintendent. [As amended L. 1974, ch. 794, sec. 1.] SEC. 912-a. Urine analysis; drug detection.-1. The school authorities of each school district within the state may cause all children attending grades seven through twelve, inclusive, in the public and private schools located within such districts, to be separately and carefully examined in order to ascertain whether any such children are making use of dangerous drugs as such term is defined in section 220.00 of the penal law. 2. Such examination may be made only upon the written request or consent of a parent or legal guardian of a child. Such examination shall be conducted without notice to the child and shall include the supervised taking of a urine sample which shall be analyzed for such drugs and in accordance with such standards as shall be acceptable to the New York state narcotic addiction control commission. The results of such examination shall be promptly forwarded to the school authorities. If it be ascertained upon such test or examination that any child is making use of dangerous drugs, the school authorities shall report same to the social services department for the social services district wherein such school is located and to the parent or legal guardian of such child together with a statement to such parent or guardian as to available programs and facilities to combat such dangerous drug usage. The social services department shall be empowered, in an appropriate case, to take such action and offer such protective social services as are prescribed by title six of article six of the social services law. 3. Except as required herein, information resulting from an examination conducted pursuant to this section shall be kept confidential and shall not be used for law enforcement purposes but may be utilized only for statistical, epidemiological or research purposes. 4. Any record or information compiled from such examination which identifies an individual student as a user of dangerous drugs shall be maintained separate and apart from such student's other educational records and in appropriate confidence and shall be destroyed upon such student's graduation or final severance from the secondary educational school system in this state. The provisions of this section shall not apply to any person whose religious belief prohibits him from undergoing such examination [Added L. 1973, ch. 1033, sec. 1; amended L. 1974, ch. 41, sec. 1.] Federal Aid Art. 5. University of the State of New York SEC. 290. Acceptance of law of the United States.-The state of New York hereby accepts all of the provisions and the benefits of an act passed by the senate and house of representatives of the United States of America, in congress assembled, entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure," approved February twenty-third, nineteen hundred seventeen. [L. 1947, ch. 820, eff. July 1, 1947.] SEC. 291. Custodian of funds.-The state commissioner of taxation and finance and the state comptroller are hereby constituted and appointed the joint custodians of the moneys paid to the state of New York for vocational education, under the provisions of such act, and such moneys shall be paid out in the manner provided by such act for the purposes therein specified. [As amended L. 1969, ch. 229, sec. 1, eff. April 25, 1969.] Miscellaneous Art. 13. Scholarships, Scholar Incentives and State and SEC. 612. Regents college scholarships.-1. Purpose. Regents college scholarships are established to encourage and assist students who, as they complete high school, demonstrate the highest capability for successful college study, as determined by competitive examination. 2. County allocation. Eighteen thousand eight hundred forty-three such scholarships shall be awarded each year and shall be allocated to each county in the state in the same ratio that the number of students residing in such county who were graduated from approved high schools in the state during the school year preceding the date of the examination for the award of such scholarships bears to the total number of students residing in the state who were graduated from approved high schools in the state during such school year; provided, that no county shall be allocated fewer than forty scholarships, except that Hamilton County shall be allocated no fewer than sixteen scholarships. 3. School allocation. If in any year the candidates who are graduates of a given approved high school in the state and who are awarded scholarships under subdivision two of this section do not constitute at least one person for every forty persons who were graduated from such school during the school year preceding the date of the examination for the award of such scholarships, then additional scholarships shall be awarded in such year in the number required to provide such allocation of scholarship awards for each such school, and such additional scholarships shall be awarded directly to candidates from each such school in accordance with the provisions of subdivision one of section six hundred five of this article. Additional scholarships established under this subdivision shall be reawarded, if relinquished or declined, to the next eligible candidates from each such school, but otherwise in accordance with the provisions of subdivision two of section six hundred five of this article. Further, a person who accepts an additional scholarship established under this subdivision shall not thereafter be eligible to receive a reaward under subdivision two of this section. 4. Duration and program. Each scholarship recipient shall receive an annual award for each of not more than four academic years, or five academic years if his program normally requires five years. 5. Amount (a) The annual award shall be one thousand dollars, but if the income exceeds one thousand eight hundred dollars, the award shall be reduced by one dollar for each ten dollars, or part thereof, of the excess, provided the minimum award shall be two hundred fifty dollars. If the annual amount of tuition and educational fees payable by the student is more than three hundred fifty dollars, the award shall not exceed the amount of such tuition and educational fees; if the amount of such tuition and educational fees is three hundred fifty dollars or less, the award shall not exceed three hundred fifty dollars. (b) The annual award for any scholarship awarded pursuant to this section subsequent to the nineteen hundred seventy-three-nineteen hundred seventyfour school year shall be two hundred fifty dollars. Provided, however, in the case of any student who has received an award under paragraph (a) in any year prior to the school year nineteen hundred seventy-five-nineteen hundred seventy-six, if the award of two hundred fifty dollars when combined with any award made pursuant to the provisions of subdivision four of section six hundred eleven of this article would be less than the total of the combined awards he might otherwise be entitled to receive pursuant to the provisions of paragraph (a) of this subdivision and of subdivision three of section six hundred eleven, he shall be entitled to receive the combined amount computed pursuant to the provisions of paragraph (a) of this subdivision and of subdivision three of section six hundred eleven. [Added L. 1969, ch. 1154, sec. 1; amended L. 1974, ch. 832, sec. 1; L. 1974, ch. 942, sec. 8.] Art. 61. Teachers and Supervisory and Administrative Staff (Title IV. Teachers and Pupils.) SEC. 3028-a. Students under twenty-one years of age suspected of narcotic addiction.-Any teacher, school administrator, school guidance counselor, school psychologist, school drug counselor, school psychologist, school drug counselor, school nurse, supervisor of attendance, attendance teacher or attendance officer having reasonable cause to suspect that a secondary or elementary student under twenty-one years of age is addicted to a narcotic drug or under the influence of a dangerous drug, who reports such information to the appropriate secondary or elementary school officials pursuant to the school's drug policy or if the school has no drug policy to the school's principal or the parents of such student under twenty-one years of age shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of such a report. [Added L. 1971, ch. 1101; amended L. 1972, ch. 594, sec. 1.] Art. 91. School Camps (Title VI. Special Schools and Instruction.) SEC. 4501. Establishment of camps by school districts and appropriations authorized.-1. A school district, acting through its board of education, is hereby authorized to establish camps on lands acquired by such school district by purchase, gift, grant, devise, rent or lease or on lands the use of which has otherwise been acquired by such school district for camp purposes. Also, two or more school districts may jointly acquire lands for camp purposes in the same manner and establish and operate such school camps thereon as joint projects within the limit of funds provided therefor by the respective school districts and in accordance with regulations approved by the commissioner of education. Such camps shall be used to furnish education, physical training, recreation and maintenance for all children of school age, whether in attendance at a public or non-public school, and shall be under the jurisdiction of the board of education of such school district. Such board may, however, fix a reasonable fee to cover cost of food and instructional materials. Such board shall provide opportunity for children to receive instruction in such subjects as such board may deem proper. Such board shall prescribe the activities to be carried on and shall set up rules and regulations for admission to such camps and the conduct and discipline thereof. No child, whether in attendance at a public or non-public school, shall be denied admission to such camp or physical training, recreation and maintenance at such a camp, because of inability to pay any required costs or fees; but no child shall be entitled to free education, physical training, recreation and maintenance in any such camp for a period in excess of two weeks during any one year, unless the board of education prescribe and direct that physically handicapped or other children be maintained for a longer period. The board of education of such school district shall make a report at the annual meeting of such school district, of matters relating to carrying out the provisions of this section. 2. Any such school district is hereby authorized to appropriate in the manner prescribed by law relating to such school district such sums as may be necessary for the purpose of carrying out the provisions of this section. Money shall be paid out of the treasury of such school district in the manner provided by law. 3. The provisions of this section shall not apply to the board of education of the city of New York. [L. 1947, ch. 820; amended L. 1948, ch. 303, eff. March 21, 1948.] NORTH CAROLINA CONSTITUTIONAL PROVISIONS Public Aid For Nonpublic Schools Education (art. 9). SEC. 6. State school fund.—The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; all moneys, stocks, bonds, and other property belonging to the State for purposes of public education; the net proceeds of all sales of the swamp lands belonging to the State; and all other grants, gifts, and devises that have been or hereafter may be made to the State, and not otherwise appropriated by the State or by the terms of the grant, gift, or devise, shall be paid into the State Treasury and, together with so much of the revenue of the State as may be set apart for that purpose, shall be faithfully appropriated and used exclusively for establishing and maintaining a uniform system of free public schools. SEC. 7. County school fund.-All moneys, stocks, bonds, and other property belonging to a county school fund, and the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal laws of the State, shall belong to and remain in the several counties, and shall be faithfully appropriated and used exclusively for maintaining free public schools. Tax Exemptions For Nonpublic Schools Finance (art. 5). SEC. 2. State and local taxation.-(3) Exemptions. Property belonging to the State, counties, and municipal corporations shall be exempt from taxation. The General Assembly may exempt cemeteries and property held for educational, scientific, literary, cultural, charitable, or religious purposes. and, to a value not exceeding $300, any personal property. The General Assembly may exempt from taxation not exceeding $1,000 in value of property held and used as the place of residence of the owner. Every exemption shall be on a Statewide basis and shall be made by general law uniformly applicable in every county, city and town, and other unit of local government. No taxing authority other than the General Assembly may grant exemptions, and the General Assembly shall not delegate the powers accorded to it by this subsection. Miscellaneous Education (art. 9). SEC. 5. Powers and duties of Board.-The State Board of Education shall supervise and administer the free public school system and the educational funds provided for its support, except funds mentioned in Section 7 of this Article, and shall make all needed rules and regulations in relation thereto, subject to laws enacted by the General Assembly. EDITOR'S NOTE.-Regulation of Private Schools.-The State has the power and authority to establish minimum standards for, and to regulate in a reasonable manner, private schools giving instruction to children of compulsory school age. This is necessarily true because such schools affect the public school system. In this connection it has authority, among others, to inspect, supervise, and examine them, their teachers, and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught that is manifestly inimical to the public welfare. State v. Williams, 253 N.C. 337, 117 S.E.2d 444 (1960). Corporations (art. 8), SEC. 1. Corporate charters.-No corporation shall be created, nor shall its charter be extended, altered, or amended by special act, except corporations for charitable, educational, penal, or reformatory purposes that are to be and remain under the patronage and control of the State; *** STATUTORY PROVISIONS Education (ch. 115). Instruction (Subchapter 10). (Nonpublic SEC. 115-225. Responsibility of State Board of Education to supervise nonpublic schools; notice of intention to operate new school.-The State Board of Education, while providing a general and uniform system of education in the public schools of the State, shall always protect the right of every parent to have his children attend a nonpublic school by regulating and supervising all nonpublic schools serving children of secondary school age, or younger, to the end that all children shall become citizens who possess certain basic competencies necessary to properly discharge the responsibilities of American citizenship. The Board shall not, in its regulation of such nonpublic schools, interfere with any religious instruction which may be given in any private, denominational, or parochial school, but such nonpublic school shall meet the State minimum standards as prescribed in the course of study, and the children therein shall be taught the branches of education which are taught to the children of corresponding age and grade in the public schools and such instruction, except courses in foreign languages, shall be given in the English language. New nonpublic schools shall file a notice of intention to operate a new school with the State Superintendent of Public Instruction prior to beginning of operation. [1955, c. 1372, art. 31, sec. 1; 1965, c. 584, sec. 20.] |