Board of Education v. Rogers

The controversy is submitted on an agreed statement of facts. The members of the common council have reduced the budget of the board of education for 1938, claiming the right so to act under the provisions of section 268-a of the city charter, enacted in 1917. The total budget was nearly $2,000,000. The reduction was eventually in the lump sum of $16,394.90.

The parties are in agreement that education is a State function and that all boards of education derive their powers from the Education Law. Some degree of control is exercised over the budget of local boards by those in legislative…