8 amended.

property and affairs of said hospital, which are not otherwise
specially provided by law, subject to the inspection, visitation and
powers of the state board of charities. They may acquire and
hold, in the name of and for the people of the state of New York,
by grant, gift, devise or bequest, property to be applied to the
maintenance of children who are crippled or deformed or are
suffering from diseases through which they are likely to become
crippled or deformed, in and for the general use of the hos-
pital. They may receive or collect from parents, guardians or
other persons moneys in payment, wholly or in part, for the care
and treatment of patients in the hospital or for braces, crutches or
other appliances, and shall transmit any moneys so received to the
state treasurer.

They shall *

§ 6. Section one hundred and thirty-six of such chapter fifty- & 136 seven of the laws of nineteen hundred and nine, as thus renumbered by chapter four hundred and forty-nine of the laws of nineteen hundred and ten and last amended by chapter one hundred ard seventy-two of the laws of nineteen hundred and eleven, is hereby amended to read as follows:

$ 136. Admission and discharge of patients. No patient shall be received except under rules to be established by the board of managers. Such rules shall provide for preferential admission of children whose parents or those bound by law to maintain them are unable to pay full charges for surgical treatment and hospital care. If there was an attending physician before the patient entered the hospital, a certificate of such physician giving previous history and condition of the patient shall accompany the patient upon his admission to the hospital. The superintendent shall have authority, subject to rules established by the board of managers, to discharge any patient at his discretion. A written record shall be kept showing the condition of each patient upon admission to the hospital, the treatment given him and the results thereof, his condition at time of discharge and the reason for such discharge. The state advisory commission for physically handicapped persons shall have access to such records at all reasonable times.

§ 7. Section two hundred and seventy-five of chapter twenty- Subd: 20 one of the laws of nineteen hundred and nine, entitled "An act L. 1909, relating to education, constituting chapter Sixteen of the con- (reviston solidated laws, as last amended by chapter one hundred and of L: 1910, forty of the laws of nineteen hundred and ten, is hereby amended $ 275. by adding a new subdivision, preceding the closing paragraph, to be subdivision twenty, to read as follows:

20. They shall have power to provide for physically handicapped Powers of children, transportation, home teaching, special classes or special of school schools, scholarships in non-residence schools, tuition or tuition and maintenance in elementary, secondary, higher, special and technical schools and, on recommendation of the state department of health, surgical, medical or therapeutic treatment, hospital care, crutches, braces and other appliances,

added to

ch. 21

ch. 140),

Subd. 23 added to $310.

Powers of boards of

Subd. 11 added to § 868.

:

Powers of boards of education in cities.

8 8. Section three hundred and ten of such chapter twenty-one of the laws of nineteen hundred and nine, as last amended by chapter one hundred and forty of the laws of nineteen hundred and ten, is hereby amended by adding a new subdivision, to be subdivision twenty-three, to read as follows:

23. They shall have power to provide for physically handicapped education. children, transportation, home teaching, special classes or special

schools, scholarships in non-residence schools, tuition or tuition and maintenance in elementary, secondary, higher, special and technical schools and, on recommendation of the state department of health, surgical, medical or therapeutic treatment, hospital care, crutches, braces and other appliances.

§ 9. Section eight hundred and sixty-eight of such chapter twenty-one of the laws of nineteen hundred and nine, as added by chapter seven hundred and eighty-six of the laws of nineteen hundred and seventeen, is hereby amended by adding thereto a new subdivision, to be subdivision eleven and to read as follows:

11. They shall have power to provide for physically handicapped children, transportation, home teaching, special classes or special schools, scholarships in non-residence schools, tuition or tuition and maintenance in elementary, secondary, higher, special and technical schools, and, on recommendation of the state department of health, surgical, medical or therapeutic treatment, hospital care, crutches, braces and other appliances.

§ 10. Section five hundred and seventy-three of such chapter twenty-one of the laws of nineteen hundred and nine, as added by chapter six hundred and twenty-seven of the laws of nineteen hundred and thirteen, is hereby amended to read as follows:

$ 573. Examinations by medical inspection. Each principal or teacher in charge of a public school shall report to the medical inspector having jurisdiction over such school the names of all pupils who have not furnished health certificates as provided in the preceding section, or who are physically handicapped children as defined by article forty-seven of this chapter, and the medical inspector shall cause such pupils to be separately and carefully examined and tested to ascertain whether any of them are suffering from defective sight or hearing, or from any other physical disability tending to prevent them from receiving the full benefit of school work, or requiring a modification of such work to prevent injury to the pupils or to receive the best educational results. If it be ascertained upon such test or examination that any of such pupils are inflicted with defective sight or hearing or other physical disability as above described the principal or teacher, having charge of such school, shall notify the parents or other persons with whom such pupils are living, as to the existence of such defects and physical disability. If the parents or guardians are unable or unwilling to provide the necessary relief and treatment for such pupils, such fact shall be reported by the principal or teacher to the medical inspector, whose duty it shall be to provide relief for such pupils.

$ 573 amended.

paragraph

§ 11. The opening paragraph and subdivision four of section | 650, six hundred and fifty of such chapter twenty-one of the laws of operation nineteen hundred and nine, as last amended by chapter four hun- and subd. 4 dred and eighty of the laws of nineteen hundred and fourteen, are hereby amended to read as follows:

$ 650. School census in cities of the first class, except the city
of New York. A permanent census board is hereby established
in each city of the first class, except the city of New York. In
the city of New York provision shall be made by the board of
education for taking a school census in connection with the work
of enforcing the compulsory education law. Such permanent
census board shall consist of the mayor, the superintendent of
schools, the police commissioner or officer performing duties simi-
lar to those of a police commissioner. The mayor shall be the
chairman of such board. Such board shall have power to make
such rules and regulations as may be necessary to carry out the
provisions of this article. Such board shall have power to ap-
point a secretary and such clerks and other employees as may be
necessary to carry out the provisions of this article and to fix
the salaries of the same. Such board shall ascertain through the
police force, the residences and employments of all persons be-
tween birth and eighteen years

and eighteen years of age residing within
such cities, and shall ascertain with regard to each such
person whether he or she be blind or deaf or has any crippling con-
dition and shall report thereon from time to time to the school
authorities of such cities. Such board shall report, by name, age
and address, to the advisory commission for physically handicapped
persons those persons who shall have some crippling condition.
Under the regulations of such board, during the month of October,
nineteen hundred and nine, it shall be the duty of the police
commissioners in such cities of the first class to cause a census
of the children of their respective cities to be taken. Thereafter
such census shall be amended from day to day by the police,
precinct by precinct, as changes of residence occur among the
children of such cities within the ages prescribed in this article
and as other persons come within the ages prescribed herein and
as other persons within such ages shall become residents of such
cities, so that said board shall always have on file a complete
census of the names and residences of the children between such
ages and of the persons in parental relation thereto. It shall be
the duty of persons in parental relation to any child residing
within the limits of said cities of the first class to report at the
police station house of the precinct within which they severally
reside, the following information:
4. In

child between birth and eighteen years
of age becomes a resident of one of said cities of the first
class for the first time the residence and such other facts as the
census board shall require. Such census shall include all per-
sons between birth and eighteen years of age, the day
of the month and the year of the birth of each of such
persons, their respective residences by street and number, the

case

a

8 652 amended.

а

$ 653 amended.

names of their parents or guardians, such information relating to physical defects, to illiteracy and to the enforcement of the law relating to child labor and compulsory education as the school authorities of the state and of such cities shall require and also such further information including names and addresses of children having physical defects as such authorities shall require.

$ 12. Section six hundred and fifty-two of such chapter twentyone of the laws of nineteen hundred and nine, as last amended by chapter one hundred of the laws of nineteen hundred and nineteen, is hereby amended to read as follows:

§ 652. School census in school districts. The trustee or board of trustees of every school district shall annually on the thirtieth day of August cause census to be taken of all children between

birth

and eighteen years of age including all such facts and information as are required in the census provided for in section six hundred and fifty of the education law. This census shall be taken in duplicate in their respective school districts, and one copy thereof filed with the teacher on the first day of school and the other copy filed with the district superintendent on or before the fifteenth day of September. Such census shall include the reports and information required from cities as provided in section six hundred and fifty of this article.

§ 13. Section six hundred and fifty-three of such chapter twenty-one of the laws of nineteen hundred and nine, as last amended by chapter one hundred and forty of the laws of nineteen hundred and ten, is hereby amended to read as follows:

§ 653. Penalty for withholding information. A parent, guarnian or other person having under his control or charge a child between birth and eighteen years of age who withholds or refuses to give information in his possession relating to such child and required under this article, or any such parent, guardian or other person who gives false information in relation thereto, shall be liable to and punished by a fine not exceeding twenty dollars or by imprisonment not exceeding thirty days.

§ 14. Subdivision two of section ten hundred and twenty of such chapter twenty-one of the laws of nineteen hundred and nine, as added by chapter five hundred and fifty-nine of the laws of nineteen hundred and seventeen and last amended by chapter three hundred and seventy-eight of the laws of nineteen hundred and eighteen, is hereby amended to read as follows:

2. The board of education of each city and of each union free school district shall have power to furnish suitable educational facilities for deaf, blind, crippled or otherwise physically defective children by means of home-teaching, transportation to school or by special classes. The need of the individual child shall determine which of such services shall be rendered. Where there are ten or more children who are deaf, blind, crippled or otherwise physically defective such board shall establish such special classes as may be necessary to provide instruction adapted to the mental attainments and physical conditions of such children. Provided, however, that in each city or union free school district

§ 1020, subd. 2 amended.

Educational facilities for physically defective children.

$ 1020, subd. 3

:

Educa

facilities

defective

in which schools for the deaf, blind, crippled or otherwise physi-
cally defective now exist or may hereafter be established, which are
incorporated under the laws of the state and are found by the board
of education to be adequate to provide instruction adapted to the
mental attainments and physical conditions of such children, the
board of education shall not be required to supply additional
special classes for the children so provided for.

The board of education of such cities or union free school dis- Contracts.
tricts is hereby authorized and empowered to contract with such
schools for the education of such children in special classes therein.

§ 15. Subdivision three of section ten hundred and twenty of such chapter twenty-one of the laws of nineteen hundred and nine, amended. as added by chapter five hundred and fifty-nine of the laws of nineteen hundred and seventeen, is hereby amended to read as follows:

3. The board of education of each city and of each union free school district, and the board of trustees of each school district, tional which contains less than ten children who are deaf, blind, crippled for or otherwise physically defective, shall have power to furnish suit- physically able educational facilities for such children by means of home- children. teaching, or transportation to school. The needs of the individual child shall determine which of such services shall be rendered. Such board is also authorized and empowered to contract Contracts. with the board of education of another city or school district for the education of such children in special classes organized in the schools of the city or district with which such contract is made.

§ 16. Section twelve hundred, subdivisions one and four of $ 1200, section twelve hundred and one and sections twelve hundred and subds. 1, 4 two and twelve hundred and three of such chapter twenty-one of $8,1202, the laws of nineteen hundred and nine, as added by chapter seven amended. hundred and sixty of the laws of nineteen hundred and twenty, are hereby amended to read as follows:

§ 1200. Short title. This article shall be known and may be cited as “the physically handicapped law."

§ 1201. Definitions. As used in this article the terms:

i. “Physically handicapped person” shall mean any person who, by reason of a physical defect or infirmity, whether congenital or acquired by accident, injury or disease, is or may be expected to be totally or partially incapacitated for education or for remunerative occupation.

4. “Commission' shall mean the advisory commission for physically handicapped persons.

$ 1202. Limitation of article. This article, so far as it relates to the rehabilitation of physically handicapped persons for remunerative occupations, shall not apply to:

1. Aged or helpless persons requiring permanent custodial care, or blind persons under the care of the state commission for the blind; or

2. Any person in any state institution or confined in any correctional or penal institution; or

3. Epileptic or feeble-minded persons or to any person who, in the judgment of the commissioner of education, may not be susceptible of rehabilitation; or