LB 2529 .M53 1895 Copy 1 LIBRARY OF CONGRESS. Shelf. ..iii.t^ UNITED STATES OF AMERICA. It THE SCHOOL LAW MICHIGAN JASON E. HAMMOND, PEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION. FORMERLY COMMISSIONER OF SCHOOLS IN HILLSDALE COUNTY. tor^m^'^y Lansing, Mich. ROBERT SMITH, Publisher, 1895. L3zszt '/I S3 "Our safety is not in constitutions and forms of govern- ment, but in the establishment of right systems of educa- tion."— John D. Pierce, 1838, COPYRIGHT BY DABIUS D. THORP, ROBERT SMITH PRINTER AND BINDER, 1395. LANSING, MICH. PREFACE. Teachers and pupils iu the public schools of Michi- gan should know more of the system under which they are working, and young men and women just entering upon the duties of citizenship should be better prepared to perform the duties that will devolve upon them as officers of the primary and graded school districts. For several years before the department of public instruction began preparing questions in school law for the examination of teachei-s, it was evident that many school officers, citizens, and teachers, were uninformed upon some of the simplest questions of school adminis- tration, and also that much controversy and litigation resulted from this imperfect knowledge. The head of the state educational system is author- ized by one of the provisions of Act 164 of the laws of 1881, to publish all general laws relating to schools and to transmit the same to school officers having the care and management of the^ schools. To do this requires an edition of more than 20,000 books, and the depart- ment has issued an edition every four years which has been furnished to all the officers of the state. This supply was quite sufficient, until teachers and pupils became students of school law. The department is not authorized by the statute to furnish books to all who 4 PREFACE. will apply, and the author of this book seeks to supply the demand. In the compilation of this edition no attempt has been made to recall any of the history of the founding or growth of our educational system. It is believed that the best service to be rendered by its publication, will be the furnishing of a brief and practical treatise on the legal side of our educational system. The de- cisions of the supreme court of the state, attorneys general, and Superintendents of Public Instruction, have been carefully examined, and such material gleaned therefrom as will aid the student better to understand the law in its statutory form. We give all that part of the constitution of the state relating to education and, in as condensed and attractive a form as possible, the acts of the legislature which, at the close of the session of 1895, are the laws of the state governing educational affairs. J. E. HAMMOND. Lansing, Mich., July 4, 1895. TABLE OF CONTENTS. Chapter I - - - - Constitutional Provisions Chapter II - - - Administration of School Affairs Chapter III . . . Organization of School Districts Chapter IV - - Powers of Voters at District Meetings Chapter V - - - - - - School Officers Chapter VI Teachers Chapter VII - - Compulsory Attendance at School Chapter VIII .... Text Books and Libraries Chapter IX School Revenues Chapter X - - - - Miscellaneous Provisions CHAPTER I. CONSTITUTIONAL PROVISIONS. ( From Constitution of Micliigan.) ARTICLE VIII. There shall be elected at each biennial election, a Superin- tendent of Public Instruction for the term of two 1nt"f''pIb''uc years. He shall keep his office at the seat of gov- iNST RUCTION, emment, and shall perform such duties as shall be prescribed by law. His term of office shall commence on the first day of January, one thousand eight hundred and fifty-three, and of OFFICE^'' every second year thereafter. Whenever a vacancy shall occur in the office, the Governor shall fill the same by appointment, by and with the advice and consent of the senate, if in session. ARTICLE XIII. The Superintendent of Public Instruction shall have the gen- GENERAL eral supervision of educational affairs. SUPERVISION. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes, and the proceeds of all lands or other property given by individuals, or appropriated by the state for like purposes, shall be and remain a perpetual SCHOOL f^nd, the interest and income of which, together FUND. -^yitii the rents of all such lands as may remain un- sold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant, or appropriation. 8 SCHOOL LAW All lands, the titles to which shall fail from a defect of heirs, shall escheat to the state; and the interest on the clear pro- ceeds from the sales thereof shall be appropriated exclusively to the support of primary schools. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without SCHOOL^ charge for tuition, at least three* months in each SYSTEM. year, in every school district in the state; and all instruction in said schools shall be conducted in the English language. A school shall be maintained in each school district at least three months in each year. Any school district MONTHS OF neglecting to maintain such school shall be de- scHooL. prived for the ensuing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools. There shall be elected in the year eighteen hundred and sixty- three, at the time of the election of a justice of the supreme court, eight regents of the university, two of REGENTs.^^ whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of thgir office on the first of January next succeeding their election. At every reg- ular election of a justice of the supreme court thereafter, there shall be elected two regents, whose term of office shall be eight years. When a vacancy shall occur in the office of regent, it shall be filled by appointment of the Governor. The regents thus elected shall constitute the Board of Regents of the Uni- versity of Michigan, and these regents and their successors in office, shall continue to constitute the body corporate known by the name and title of "The Regents of the University of Michigan." *Act No. 15 of 1895 increases the minimum length of school year to five months. SUPERVISION OF UNIVER- OF MICHIGAN. 9 The regents of the university shall, at their first annual meeting or as soon thereafter as may be, elect a president of the university, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the regents, and be the prin- cipal executive officer of the university. The Board of Regents shall have the general supervision of the univers- ity, and the direction and control of all expendi- ^'■'■^- tures from the university interest fund. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of a State Board of Education, one for two years, one OF EDUCATION, ^^r four years, and one for six years; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The Superintendent of Public Instruction shall be ex officio a member and secretary of such board. The board shall have the general supervision of the state normal school, and their duties shall be prescribed by law. Institutions for the benefit of those inhabitants who are deaf, STATE IN- dumb, blind, or insane, shall always be fostered STITUTIONS J , J and supported. The legislature shall encourage the promotion of intellectual, scientific, and agricultural improvement, and shall, as soon as practicable, provide for the establishment of an Au'scHooL." agricultural school. The legislature may appro- priate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same where such lands have been already sold, and any land which may hereafter be granted or appropriated for such pur- pose, for the support and maintenance of such school, and may make the same a branch of the university for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the regents of the university. 10 SCHOOL LAW The legislature shall also provide for the establishment of at least one library in each township and city; and all fines assessed and collected in the several counties and LIBRARIES. townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city: Provided, That in no case shall such fines be used for any other than library or school purposes. ARTICLE XIV. All specific state taxes, except those received from the min- ing companies of the Upper Peninsula, shall be TAXES. applied to paying the interest upon the primary school, university, and other educational funds, and of the interest and principal of the state debt in the order herein recited, until the extinguishment of the state debt other than the amount due to educational funds, when such specific taxes shall be added to and constitute a part of the Primary School Interest Fund. Of michigak. 11 OHAPTEE II. ADMINISTRATION OF SCHOOL AFFAIRS. Superintendent of Public Instruction. The chief officer of the state educational system is the Superintendent of Public Instruction, who is elected at the time of the general state election for a term of two years, commencing on the first day of January next following his election. His salary is one thousand dollars a year and his office is SALARY. at the Capitol in Lansing. He is assisted in the performance of his official duties by a deputy and five clerks appointed by himself. The ASSISTANTS, dcputy is required to take the constitutional oath of office and is authorized by law to execute the duties of the office in the absence of the superintendent or in case of a vacancy, Appointments made by the superintendent may be revoked by him at any time (5026).* POWERS AND DUTIES. 1. To visit each and every state institution that is essen- tially educational in character and to meet with INSTITUTIONS. ^^^ govemlug board of each institution at least once in each year (5026). 2. To prepare an annual report to the Governor, which re- ANNUAL port shall contain the following information: REPORT. (a) A statement of the condition of the university and of * Note.— These numbers refer to sections in Howell's Statutes. 1^ SCHOOL LAW each of the several state educational institutions, all incorpo- rated institutions of learning, and the primary, graded, and high schools. (b) Estimates and amounts of expenditures of all educational funds. (c) Plans for the management of all educational funds, and for the better organization of the educational system, if in his opinion the same be required. (d) The annual reports and accompanying documents, so far as he shall deem the same of suflficient public interest, of all state institutions of educational character. (e) Abstracts of the annual reports of the school inspectors of the several townships and cities of the state. (/) All such other matter relating to his office and the sub- ject of education generally as he shall deem expedient to com- municate (5026). 3. To compile and cause to be printed all general laws relat- ing to schools, with necessary forms, regulations, and instructions for conducting all proceedings under said laws. Such compilation must include rules for the management of libraries of townships and school districts, one copy to be furnished to each of the several school offices entrusted with the management of school affairs (5028). 4. To prepare statements directing the semi-annual appor- tionment of the primary school interest fund among all the children between the ages of five and (under) twenty years of a^e. Between the first and tenth days of each May and November these state- ments are made to the auditor general, showing the number of pupils of school age in each county, township, and city, as appears from the reports of school officers filed in the office of public instruction during the month of October just previous to the May apportionment. The auditor general on receiving such statements, is authorized to draw a warrant upon the COMPILATION OF SCHOOL LAWS. PRIMARY APPORTION MENT. OF MICHIGAN. 13 state treasurer in favor of the treasurer of each county for the amount due to each county. In case the reports from any county, township, city, or district, are defective, the superin- tendent is authorized to ascertain, by the best evidence he can obtain, the facts upon which the apportionment shall depend. It is the intention of the law that districts shall not lose public money on account of inacctirate or incomplete reports; if the superintendent is unable to gather such information or if he finds that school has not been taught in the district at least five months (Act 15, 1895), it is his duty to cause such dis- tricts to forfeit their share of this fund. He may, if he finds that officers failed to comply with the law through FORFEITURE, ^^ fault of tliclr own, apportion such deficiency at the time of the next apportionment (5029 and 5030). The preparation of this statement is one of the most important duties of the Superintendent of Public Instruction, 5. To prepare statements for the division of library money LIBRARY among townships and districts entitled to re- me'nt!^""^ ceive a portion of the same (5145). 6. To prepare all examination questions to be used at county teachers' examinations. He is required to send questIons!''' *^® same under seal to the commissioner of schools (Act 66, 1895). He shall also send to commissioner of schools the questions furnished by the president of the agri- cultural college for use in the examination of candidates for admission into said college (Act 101, 1895). 7. To prescribe rules and regulations relative to the grant- couiMTY cER- lug of certlficatcs bv county board of examiners TiFicATEs. (^^^ 34^ jg93^ 8. To approve and countersign, in his discretion, first grade INDORSED certificates (Act 34, 1893). CERTIFICATES. 9. To prepare and furnish to school officers blank forms BLANKS AND for auuual reports to the department. (Act 147, REPORTS. jgg^) 14 SCHOOL LAW 10. To arrange for a teachers' institute in each organized county of the state and act as conductor of the same, INSTITUTES. ^^ appoint some suitable person or persons to act as conductor or instructors. He has general supervision of the institutes and directs the disbursements of money belonging to the institute fund (5189 and Act 112, 1883). 11. He may appoint, in his discretion, boards of visitors to VISITING any incorporated institution of learning within BOARDS. ^j^g g^^^g ^^^^ jQ3^ jg93^_ 12. He is a member of the State Board of Education (Art. DUTIES 13, Sec. 9, Mich. Constitution) and the State EX OFFICIO. g^^j.^ ^f Geological Survey (5468). 13. He shall perform such other duties as are or shall be re- quired of him by law and, at the expirat'on of DUTIES. l^is term of office, shall deliver to his successor all property, books, documents, maps, records, re- ports, and all other papers belonging to his office, or which may have been received by him for the use of his office. State Board of Education. Including the Superintendent of Public Instruction, this board is composed of four members. The three members of the board other than the superintendent are elected for terms of six years and receive three dollars per day for their actual services, together with necessary traveling and other expenses. At each biennial state election one member is elected. The board has general care and management of the state normal schools, and its general duties relating normaI^'^*'^^ thereto are prescribed by law (Act 194, 1889, and Act 73, 1895). We give in this chapter only such duties as pertain to the general school system of the state. POWERS AND DUTIES. 1. The board is required by law to prescribe in the state normal schools a course of study intended espe- course'of" cially to prepare students for teaching the rural STUDY and elementary schools of the state, such course OF MICHIGAN. 15 to provide not less than twenty weeks of special professional instruction. In addition to the course mentioned above, the board is MAINTAIN required to maintain a fully equipped training SCHOOL. school as a school of observation and practice. 3. Diplomas for five years are now granted by the State Board of Education upon the recommendation of DrpLOMAs. ^^® principal and faculty of the school, and diplo- mas for life are granted to those who have com- pleted a full course of not less than four years study. Diplomas granted by the board are legal certificates to teach in all the schools of the state, when recorded with the legal examining officer of the county or city where the holder thereof proposes to teach. 3. The board also holds two examinations each year at Lan- sing, to examine candidates for state certificates. CERTIFICATES These examinations are usually held during the last weeks of July and December. State certifi" cates are valid during life. 4. The board may indorse state certificates granted in other states, if it be shown that the examinations re- m^DORs^E^^^^^^ quired or courses of study pursued are fully equal ic*TEs. to the requirements of this state (Act 73, 1895). 5. It may grant certificates to graduates of colleges of the state whose courses of study have been approved lege'ce'r'ti'f- by said board, according to the condition prescribed 'CATES. in Act No. 136, laws of 1893. 6. It may examine and approve text books in physiology, be- fore such text books are legally adopted for use in TEXT°BooKs ^^J ^^ ^^^ pubHc schools of the state. (Act 165, 1887; Act 147, 1889) . County Board of Scliool Examiners. This board is composed of three persons, the county com- missioner of schools 9.nd two examiners, each chosen for terms of two years, 16 SCHOOL LAW THE COMMISSIONER. The commissioner is elected by the people on the first Mon- day of April of every odd year, and enters upon the HOW ELECTED, dutles of his ofiice on the first day of July next after his election. Within ten days after he has re- ceived legal notice of his election, he shall take the constitu- tional oath of office and file a bond in the penal office!'' s^°^ of one thousand dollars for the faithful per- formance of his duties (Act 66, 1895). The compensation of the commissioner of schools is fixed by the board of supervisors. The maximum salary SALARY P^^d i^ ^^y county is $1,500. In counties hav^ ing one hundred and twenty-five schools under his supervision, the minimum salary is $1,200; in counties having one hundred schools, the lowest limit is $1,000; and in counties of fifty schools, $500. In some of the smaller counties of the state the commissioners serve for salaries ranging from $100 to $500. Before the county clerk can legally issue an order for the salary of the commissioner the latter must meet the following requirements: 1. File a certified statement from the Superintendent of Public Instruction that all reports required of STATEMENT, him have been properly made and filed with said superintendent. 2. File with the county clerk a detailed statement under oath, showing what schools have been visited by him during the preceding quarter and what amount of time was em- ployed in each school, naming the township and school dis- trict. The necessary contingent expenses of the commissioner for printing, postage, stationery, record books, and EXPENSES^ ^^^^ of rooms for public examinations shall be audited and allowed by the board of supervisors (Act 147, 1891). OF MICHIGAN". 17 To be eligible to hold the office of commissioner of schools, the candidate must possess higher qualifications TioN OF COM- than are required of most officials. Besides having MissioNER. been a teacher in the public schools of the state for twelve months, he must possess one at least of the following qualifications: 1. Be a graduate of the literary department of some reputa- ble college, university, or state normal school having a course of at least three years. 2. Hold a state teacher's certificate. 3. Hold a first grade certificate in the county in which he is elected. 4. Have been a commissioner under the provisions of Act No. 147, public acts of 1891. Counties having less than fifty schools under the supervision of a commissioner, may elect a commissioner who IN SMALL • J.1 111 COUNTIES. IS the holder of a second grade certificate (Act 66, 1895). A graduate of a high school or a person to whom a certifl- DATE OF cate was granted after the date of his election, is CERTIFICATE. ^^^ legally qualified (94 Mich. 165), Women are also eligible to hold the office of commis^ ELIGIBILITY gioner (Act 147, 1891). OF WOMEN. ^ ' Whenever a vacancy occurs in the office of commissioner of schools, the county clerk shall issue a call to the IN* o*FFicE. chairmen of the township boards of school inspect^ ors of each township in the county, who shall meet within ten days at the office of the county clerk and appoint a suitable person to fill the vacancy for the unexpired portion of the term. The executive duties of the board of examiners devolve mainly upon the commissioner of schools. No tI'f*cates!'' county certificate is valid without his signature, and he is authorized to grant special certificates. 3 18 SCHOOL LAW He must make out a schedule of the times and places of holding special public examinations in counties of'exani'in- entitled to hold such examinations, and cause said ATioNs. schedule to be published in one or more newspapers of the county ten days before such examination (Act 66, 1895). He is required to examine candidates for admission to the freshman class of the agricultural college, using COLLEGE CAN- qucstions furnished by the president of said col- Di DATES. lege and forwarded by the Superintendent of Pub- lic Instruction (Act 101, 1895). His duties as given in Act 147, Laws of 1891, are as follows: 1. Immediately after his or her qualification as commis- sioner, to send notice thereof to the Superintend- g^^°"g„pj.p. ent of Public Instruction and the chairman of iNTENDENT. each township board of school inspectors of the county. 2. To keep a record of all examinations held by the board RECORD or EX- of school examlucrs and to sign all certificates AMiNATioNs. ^^^ othcr papcrs and reports issued by the board. 8. To receive the institute fees provided by law and to pay RECEIVE IN- the same to the county treasurer quarterly, be- sTiTUTE FEES, gjjjj^jjjg September thirtieth in each year. 4. To keep a record of all certificates granted, suspended, or revoked by the said board or commissioner, cERTrr^cATEs. showing to whom issued, together with the date, grade, duration of each certificate, and, if suspen- ded or revoked, with the date and reason thereof. 5. To furnish previous to the first Monday in September in each year, to the township clerk of each township TEACHER°s''. ^^ *^® couuty, a list of all persons legally author- ized to teach in the county at large and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such suspen- sion or revocation. OF MICHIGAN. 19 6. To visit each of the schools in the county at least once in each year, and to examine carefully the disci- oF^scKooLs. plinS) the mode of instruction, and the progress and proficiency of pupils: Provided, That in case the county commissioner is unable to visit all the schools of the county as herein required, the said commissioner may appoint such assistant visitors as may be necessary, who shall perform such duties pertaining to the visitation and supervision of schools as said commissioner shall direct. The whole expense incurred by such assistant vistors must not exceed the sum of ninety dollars in any one year. 7. To counsel with the teachers and school boards as to the courses of study to be pursued, and as to any TEACHERsl"^" Improvemeut in the discipline and instruction in the schools. " 8. To promote by such means as he or she may devise, the improvement of the schools in the county, and the msTrruTE: elevation of the character and qualifications of the CONDUCTOR, teachers and ofiicers thereof, and to act as assistant conductor of institutes appointed by the Superintendent of Public Instruction, and perform such other duties as the super- intendent shall require. 9. To receive the duplicate annual reports of the several boards of school inspectors, examine into their REPORTS. correctness, require them to be amended when necessary, indorse his or her approval upon them, and immediately thereafter and before the first day of Novem- ber in each year, transmit to the Superintendent of Public Instruction one copy of each of said reports and file the other in the office of the county clerk. 10. To be subject to such instructions and rules as the Super- intendent of Public Instruction may prescribe; to receive all blanks and communications that may be sent to him or her by the Superintendent of Public Instruction, to REPORTS. dispose of the same as directed, and to make annual reports at the close of the school year to 20 SCHOOL LAW the Superintendent of Public Instruction of his or her official labor, and of the schools of the county, together with such other information as may be required. 11. To perform such other duties as may be required by law, and, at the close of the term of office, to deliver all records, ' books, and papers belonging to the office to his or her successor. The law creating the office and prescribing the duties of the LIMITATIONS commissiouer also places some limitations and re- AND RESTRIC- T10NS. strictions upon his powers and duties as follows: 1. No commissioner shall act as agent for the sale of any school furniture, text-books, maps, charts, or other school apparatvis* (Act 66, 1895). 3. He can not legally grant a second special certificate to the same person (Act 147, 1895). 3. His expenses for printing, postage, rent of rooms, station- ery, books, etc., shall not exceed $200 per year (Act 147, 1891). 4. No traveling fees are allowed him while engaged in his official duties (Act 147, 1891). THE EXAMINERS. The examiners are appointed at the October meeting of the board of supervisors for a term of two years, a POINTED. majority of those present and voting being neces- sary to a choice (475). It is so arranged that one examiner goes out of office each year. A person eligible to this office must be the holder of at least a third grade certificate and have had an experience B LiTY. ^^ j^ij^g months as teacher (Act 66, 1895). Examiners receive four dollars per day for time actually employed in their official duties, and persons ap- sationI* pointed to assist the commissioner in school visita- tion receive three dollars per day. The whole ex- pense incurred for assistant visitors in any one year is limited to ninety dollars. *NoTE.— This rule also applies to the Superintendent of Public In- struction, instructor at institute, and school examiner. OF MICHIGAIS". 21 When a vacancy occurs in the office of examiner, the com- missioner and remaining examiner, together with m OFFICE. *^6 judge of probate, act as a board to appoint a successor, who shall hold his office for the balance of the unexpired term. The examiners assist the commissioner in the work of con- ducting examinations and issuing certificates (Act AMmYTioT."" 66, 1895). The duties of the board as to the grant- ing of teachers' certificates will be discussed in another chapter. Toiunsliip Board of School Inspectors. The state constitution (Art. 11, Sec. 1) provides for the elec- tion of a township clerk who shall be ex-officio school inspector, and for the election of one school inspector; the statute (684m in addition to this declares that the term of office shall be two years. The board of school inspectors, therefore, consists of the township clerk and two inspectors. Women are eligible to hold the office (783). The organization of the board must be effected within twenty days after the first Monday in April. The town- zation'. ship clerk is the clerk of the board, and the board shall elect one of their number chairman. The chairman is also the treasurer of the board (5079) and as such ' is the proper custodian of the township library money (30 Mich. lOOj. The treasurer is required to give a bond for the safe keeping TREAsuR- of the moneys that may come into his hands. ER'S BOND. POWERS AND DUTIES.* By Act No. 147, Laws of 1891, the chairman of the board of inspectors is required: First, To have general supervisory charge of the schools of SUPERVISORY his township, subject to such advice and direction CHARGE. ^g ^j^g county commissioner may give: 22 SCHOOL LAW Second, To make sucli reports of his official labors and of MAKE the condition of the schools as the Superintendent REPORTS. ^£ Public Instruction may direct or commis- sioner request. ' ' The law relative to the powers and duties of school inspectors has undergone many changes and, in the older portions of the State, there seems to be little left for them to do. The most important of these duties and one which generally falls to the clerk, is the preparation, on the third tantduty!'' Monday in September, of the triplicate annual report of the schools of the township to the Super- intendent of Public Instruction. Blanks for this purpose are prepared at the department of public instruction. One of these reports is filed with the township clerk, another with the county clerk, and the third is sent to the department office at Lansing. Before making these reports it is the duty of the board to ascertain if the schools have been taught by legally ACCOUNT.^ qualified teachers. The report must contain a full financial account of all moneys received and dis- bursed (5082). The number of meetings of the inspector at the expense of NUMBER OF thc townsWp shall not exceed eight in any one MEETINGS. „^ /KflQQN year (oOoo). The authority of the inspectors to form new districts (5033) is discussed in another part of this book. ToivnsJiip Clerh. The township clerk is an important official in the manage- ment of educational matters in his township. ♦Note.— City and township scliool districts which have been incorpor- ated as such by special enactment, have various provisions defining the powers and duties, election and term of office of school inspector. In some of these, as in Act No. 176, Laws of 1891, the duties of the inspectors are performed by another set of officers. The student is referred to page 636 of the manual (red book) for 1893 for an index to the local acts of the legislature establishing city school districts. OF MICHIGAN. POWKRS ANP DUTIES. We mention briefly some of his chief duties as follows: 1. To act as clerk of the board of school inspectors, attend all CLERK BOARD meetings, and keep a record of their proceedings, OF SCHOOL IN- ° ^ X- O SPECTORS. 2. To receive all reports to inspectors from school directors, RECEIVE ajtifj file such reports in his office. REPORTS. 3. To receive all such communications, blanks, and docu- ments as may be transmitted by the Superinten- Mu'rfi'cAT^oNs. dent of Public Instruction, and dispose of them as directed by said superintendent (5084). 4. To transmit to the county clerk immediately after the organization of the board of inspectors, the name CHAIRMAN -s Sixxd postoffice address of the chairman of said ADDRESS. board. 5. To cause a map to be prepared showing the boundaries PREPARE MAP. of the school districts of the township (5086). 6. To make and deliver to the supervisor a certified copy of all statements on file in his oflSce of money to be raised by taxation in the several school districts of his township. 7. To attend to the apportionment of the school moneys of the districts entitled to the same, according to the APPORTION- number of pupils in each betwef n the ages of five "^'^'^®' and twenty years. 8. To act as clerk of township board at meetings called to re^ CLERK OF move school officers (5170). TOWNSHIP BOARD. 9. To act in township school districts of the Upper Peninsula, as member and ex-officio clerk of the board of BOAR'*ifo'F education. His duties in such townships are quite EDUCATION, similar to his duties in other townships of the state, and his salary as clerk of the board of education is limited to fifty dollars per year (Act 176, 1891). 24 SCHOOL LAW CHAPTEE III. ORGANIZATION OF SCHOOL DISTRICTS. Frimary Scliools. The original and fundamental school organization in Michi- gan is the district, which is established by authority of the township board of school inspectors. After a township has been organized, its territory shall be divided into school dis- tricts which shall not exceed nine sections of land in size and which may be altered from time to time in the discretion of the inspectors. The statute directs that the territory of each district must be in as compact form as may be (5033). It is not and'size. essential that the territory of the maximum school district shall contain exactly nine full sections of land, but it must not contain more than 5,760 acres (75 Mich. 143). After an organization has been effected by the inspectors, it NOTICE OF is the duty of the clerk to deliver to a taxable mG^^ ""^^^ inhabitant of the district a notice in writing of the formation of such district, describing its boundaries and specifying the time and place of the first meeting, which notice, with the fact of such delivery, is entered upon record by the clerk. The notice also directs such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his place of resi- dence, of the time and place of said meeting, at least five days before the time appointed therefor; and it is the duty of such in- habitant to notify the qualified voters of said district accordingly : OF MICHIGAN". 25 and said inhabitant, when he has notified the qualified voters, indorses thereon a return, showing such notification with the date or dates thereof, and delivers such notice and return to the chairman of the meeting, to be by him delivered to the director chosen at such meeting, and by said director recorded at length as a part of the records of the district (5034). A school district created by special legislative enactment, SPECIAL cannot be dissolved or changed by the school in- enacImInt. Pectors (17 Mich. 233). In case the inhabitants of the district fail to organize as above indicated, the clerk shall give a new notice orga"niIe^.° and the residents of the district shall proceed in the same manner as in case of first notice (5035). Fractional districts are districts formed from territory taken from two or more adjoining townships. Such ms*T RICTUS*'" districts are formed by joint action of the township boards of inspectors of the townships interested. They are organized in the same manner as other primary school districts, and the officers report to the clerk of the town- ship in which the school house is situated. The inspectors assign a number to each school district thus established (5036). Any unorganized territory cannot be included in a school unorganized district and taxed for school purposes (45 Mich. TERRITORY, ggg^^ unless at the request of the owner (5043). The proceedings in the organization of school districts are LEGALLY mauy times informal and irregular. The statute DrsTmcTs° ^^^ ^^6 courts have wisely declared that, however awkward and improper may have been such pro- ceedings, a school district is deemed duly organized when any two of the ofiicers elected at the first meeting have filed their acceptances in writing with the director, and the same have been recorded in the minutes of such first meeting. Every school district is presumed to be legally organized when it has exer- cised the franchises and privileges of a district for the term of 26 SCHOOL LAW two years; and such school district and its oflScers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law (5037; 81 Mich. 889). A district organized under the laws of Michigan, has a cor- porate existence and possesses the usual powers of a corpora- tion for public purposes (5039). CHANGES IN THE BOUNDARIES OF PRIMARY SCHOOL DISTRICTS. These are effected by the inspectors, under certain regulations and restrictions. After a district has exercised its corporate functions for several years, its boundaries should not be altered for trivial reasons. The official acts of inspectors in the change of district boundaries are therefore quite carefully guarded by the statutes. Whenever the board of school inspectors contemplates an alteration of the boundaries of a district, the township clerk (and for meetings of boards to act in relation to MEETiNo.'' fractional districts, clerks of the several townships interested) gives at least ten days' notice of the time and place of the meeting of the inspectors, and of the altera- tions proposed, by posting such notice in three public places in the township or townships, one of which notices is posted in each of the districts that may be affected by such alteration. Whenever the board of school inspectors of more than one township meet, they elect one of their number chairman and another clerk (5040). The inspectors may, in their discretion, detach the property of any person or persons from one district and TERRiTORY°oF attach It to another, except that no land which TAXPAYERS, i^^s beeu taxed for building a school house can be set off into another school district for the period of three years thereafter, without the consent of the owner thereof; and no district can be divided into two or more districts without the consent of a majority of the resident taxpayers of said district; OF MICHIGA]!^. 27 and no two or more districts can be consolidated without the consent of a majority of the resident taxpayers of each district (5041). The inspectors have the right to detach such territory as they see fit (except as stated above), unless such action taxpayers'! would practically destroy the district (67 Mich. 601); but they have no authority to divide up the district and destroy it without the consent of a majority of the resident taxpayers ; nor can they destroy it by cutting it up into pieces, and attaching all the territory to other districts without such consent (71 Mich. 87). The inspectors may attach to a school district any person re- siding in a township and not in any organized dis- SET off!*''^ trict, at his request; and, for all district purposes, except raising a tax for building a school house, such person is considered as residing in such district; but when set off to a new district, no sum is raised for such person as his proportion of the district property (5042). In all cases where an alteration of the boundaries of a school district is made, the township clerk is required ALTERATION, wlthlu teu days to deliver to the director of each district affected by the alteration, a notice in writ- ing, setting forth the action of the inspectors and defining the alterations that have been made (5043), When a new district is formed in whole or in part, from one or more districts possessed of a school house or entitled to other property, the inspectors, at the time of forming such new dis- trict or as soon thereafter as may be, ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as the proportion of such new district, of the value of the school house and other property belonging to the former district at the time of such division; and whenever, by the division of any district, the school house or site thereof is no longer conveni- ently located for school purposes and is not desired for use by 28 SCHOOL LAW the new district in which it may be situated, the school in- spectors of the township in which such school PROPERTY.'' house aud site is located, may advertise and sell the same and apportion the proceeds of such sale, as also any moneys belonging to the district thus divided, among the several districts erected in whole or in part from the divided district. Such proportion is ascertained and determined according to the value of the taxable property of the respective parts of such former district at the time of the division, by the best evidence in the power of the inspectors; and such MERLY D^uE. amouut of any debt due from the former district which would have been a charge upon the new had it remained in the former district, is deducted from such proportion: Provided, That no real estate thus set off, which has not been taxed for the purchase or building of such school house, shall be entitled to any portion thereof, nor be taken into account in such division of district property. Graded Schools. The term graded school as used in the laws of the state is sometimes confused with those schools which have, by authority of the school board and teacher, adopted a graded course of study according to the manual and course of study published by the Superintendent of Public Instruction. In using the term we refer exclusively to districts organized under the law for graded schools. All such schools are first organized as primary districts, and all graded schools, CLASSIFIED. whether created under special acts or organized under general laws, are subject to the general primary school law, except in so far as the acts creating them or under which they are organized, are inconsistent with it (18 Mich. 400). Any school district containing more than one hundred chil- N UMBER OF drcu of scliool age may organize as a graded CHILDREN. ^jg^j..^^_ . - . . OF MICHIGAN". 29 The vote may be taken at any school meeting properly called, and a two-thirds vote of the qualified voters ORGANIZED. IS requlrcd (5132). The district voting to organize as a graded district, elects at such meeting aboard of trustees, and the time from the date of the meeting to the date of the next annual school meeting is reckoned as one year. ALTERATION IN BOUNDARIES OF GRADED DISTRICT. The authority to make changes in the boundaries of graded districts, is given to the board of inspectors with the following limitations: No alteration can be made in the boundaries of any graded school district, without the consent of a majority CHANGED. of the trustees of said district, which consent must be spread upon the records of the district and placed on file in the office of the clerk of the board of school inspectors of the township or city to which the reports of said district are made (97 Mich. 127). Graded school dis- tricts are not restricted to nine sections of land (5135). Whenever two or more contiguous districts having together more than one hundred children of school age, Tiorf of"d*s- bave published in the notices of the annual meet- TRicTs. ingg of each district the intention to take such action and have, by a vote of two-thirds of the qualified voters attending the annual meetings in said districts, determined to unite for the purpose of establishing a graded school district, the school inspectors of the township or townships in which such districts may be situated are required, on being properly notified of such vote, to unite such districts and to appoint a time and place for a meeting of the new district. Three notices of the same must be posted in each of the districts so united at least five days before the time of such meeting. At this meeting the district elects a board of trustees and transacts the usual business of an annual school meeting (5135a). 30 SCHOOL LAW Whenever the trustees of any organized graded school dis- CHANGE trict are presented, twenty days before the annual to°p"riv'a*r°y^° meeting, with a petition signed by ten electors of DISTRICT. said district, stating that it is their desire that, at the annual meeting of the school district, there be submitted a proposition to change from a graded district to one or more primary districts, the trustees shall, in their notice of such annual meeting, state that the proposition set forth in said petition will be presented at the meeting; and, if two-thirds of the qualified voters present at said meeting vote to change to one or more primary districts, the change shall be made, and it becomes the duty of the board of school inspectors of the township or townships in which the district is situated, upon being duly notified of such vote, to change or divide the dis- trict as determined by such annual meeting, and to provide for the holding of the first meeting in each of the proposed primary districts in the same manner as is provided for by law for the organization of primary districts; and whenever a fractional graded school district is so changed, the township boards of school inspectors of the respective townships where such graded school district is situated, organize the district into one or more primary districts (Act 84, 1891). Toiuns'liip Districts. Michigan has seventy-five townships organized as school districts, and every legislature, by the passage of special acts, adds others to the number. As the student will readily observe, the township district can not be organized under either of the laws for the primary or graded districts. The majority of the township districts of the state are in the Upper Peninsula and are authorized by the provision of Act 176, Public Acts of 1891. By this law the qualified voters of a township petition the township board to give ORGANIZED. iioticc that, at the next annual township meeting, the township will be organized into a single school OF MICHIGAN". 31 district. It is necessary that the petition be signed by a majority of the voters of the township, and be filed with the township clerk at least fifteen days prior to the annual town- ship meeting. To ascertain whether a majority of the qualified voters have signed the petition, the township board is required to compare the names on the petition with the names on the list of registered voters qualified to vote at the preceding elec tion. If the board finds that a majority of the qualified voters have signed the petition, it is its duty to give notice that, at the next township meeting, the township school officers shall be chosen. The township board makes and files, both with the county clerk and the commissioner of schools of the county in which such township is located, a certified copy of the petition, with their findings and doings thereon (93 Mich. 281). Thereupon such township becomes a single school district which is subject to all the general laws of the state, so far as the same may be applicable, and said district has all the powers and privileges conferred upon other school districts by the laws of this state, all the general provisions of which relating to common or primary schools shall apply and be enforced in said district, except such as shall be inconsistent with the pro" visions of this act. DISTRICT MEETINGS. The first Monday of September is the date fixed by law for the annual meeting of primary and graded school AND GRADED dlstrlcts. Thc voters of a district may, however, DISTRICTS. \)j a vote of any properly called meeting, decide to fix the date of its annual meeting on the second Monday of July. They are also authorized to change back to the Septem- ber date in a similar manner. The officers chosen at an annual meeting, date their terms of office from the date of election and continue in oifice until their successors are elected and qualified (5046). In township districts the annual meeting is held at the same IN TOWNSHIP *'™^ ^^^ place as the annual township meeting, — DISTRICTS. the first Monday in April. 32 SCHOOL LAW At this meeting the township school officers are chosen, the amount of money to be raised by tax for school BE TRANs-^° purposes is determined, and the annual detailed ACTED. report of the board of education is publicly read by the president of the board or, in his absence, by the clerk (Act 176, 1891). Districts in cities organized by special legislative enactment, IN DISTRICTS hold annual meetings on the date specified in the UNDER SPE- " '^ CIAL ACT. act. The time of taking the annual school census by the director and school officers is the same in all districts of the CENSUS. state, being the ten days previous to the first Mon- day in September. Special meetings may be called by the district board. It is the duty of the board or any one of them, to call MEETINGS. such meetings on the written request of not less than five legal voters of the district, by giving the required notice. No special meeting can legally be called, unless the business to be transacted may lawfully come before such meeting (5047). NOTICES. Six days' notice of all district meetings must be given by the posting of written notices in three of the meeti'ngs.' most public places of the district. These notices are prepared by the director, and one copy is placed on the outer door of the school house. When a special meeting is called for the purpose of establish- FOR SPECIAL ^^S or changing a, school site, a ten days' notice MEETINGS. is required. It is the duty of any school officer, upon receiving a request signed by five legal voters, to call such meeting WHEN GIVEN, ^u a date between six and twelve days from the time such request is received. OF MICHIGAN. 33 All notices of special meetings must contain a statement of all the business which is proposed to be transacted at such meeting (5048). Failure on the part of a director to give notice of an annual FAfLURE TO meeting, does not invalidate the proceedings of GIVE NOTICE the meeting, unless it appears that the director MEETING. wilfully and fraudulently omitted to give notice. No notices of district meetings in township districts are re- quired, as the only meeting provided in the act is DISTRICTS '' t^^ annual township meeting held on the first Monday of April (Act 176, 1891). 34 SCHOOL LAW CHAPTER IV. POWERS OF VOTERS AT DISTRICT MEETINGS. By the school laws of the state certain powers and duties are delegated to the voters of the district, certain other powers and duties are given wholly to the district officers, while still other powers and duties are given to the district officers with the consent of a majority of the qualified voters. Schoolofficers and patrons of schools would save themselves much contro- versy and litigation, if each would carefully study and cor- rectly determine where the authority rests and, having thus informed himself, carefully avoid assuming responsibility which belongs to others. In this book we shall attempt to arrange these powers and duties in such an order that they may be better understood by those who are entrusted with their enforcement. Primary Districts. The qvialified voters in any school district, when lawfully assembled at the first and at each annual meeting or at an adjournment thereof or at any special meeting lawfully called, except as otherwise provided, have power: 1. At any meeting after the organization of the district, in the absence of the moderator, to appoint a chair- cHA°Rivi^N. man and, in the absence of the director, to appoint a person to act in his stead. 2. To adjourn from time to time as occasion may ADJOURN. require. ELECT 3. To elect district officers. OFFICERS. OP MICHIGAN". 35 4. To designate a site or such number of sites LOCATE SITES. ^^ ^^^J ^^ desired for school houses, and to change the same when necessary. 5. To direct the purchasing or leasing of a site or sites, law- DiRECT PUR- ^^^^^ determined upon; also the building, hiring, CHASING OF or purchasing of a school house or houses, or the SITES, ETC. enlarging of a site or sites previously established. 6. To vote such tax as the meeting may deem sufficient for purchasing or leasing a site or sites, or for building, oR^uTromc^^ hiring or purchasing a school house or houses; but PURPOSES. the amount of taxes to be raised in any district for the purpose of purchasing or building a school house or houses in the same year that any bonded indebtedness is incurred,' shall not exceed, in districts containing less than ten children between the ages of five and twenty years, two hundred and fifty dollars; in districts having between ten and thirty chil- dren of like age, it shall not exceed five hundred dollars; and in districts having between thirty and fifty children of like age, it shall not exceed one thousand dollars. (See also Chap. X.) 7. To impose such tax as shall be necessary to keep TAX FOR RE- t^Glr school liousc or houses in repair, and to PAIRS OR NEC- provide the necessary appendages and school ES5ARY AP- J. -*. c:* PENDAGEs. apparatus; in districts having district libraries, to provide for the support of the same, and to pay and discharge any debts or liabililities of the district lawfully incurred, and also to pay for the services of any district officer. The tax herein authorized to be voted shall not exceed one-half the amount which the district is authorized to raise for building school houses. (See also Chap. X.) 8. To authorize and direct the sale of any school house, site, building, or other property belonging to the SCHOOL district, when the same shall no longer be needed PROPERTY. for the use of the district. 9. To give such directions and make such provisions as they 36 SCHOOL LAW shall deem necessary in relation to the prosecution AG/UNST or defense of any suit or proceeding in which the ■ DISTRICT. district may be a party or interested. 10. To appoint, as in their discretion it may be necessary, a building committee to perform such duties in COMMITTEE, supcrvlsing the work of building a school house as they, by vote, may direct. 11. At the first and the annual meetings only, to determine the length of time a school shall be taught in their SCHOOL YEAR, dlstrlct durlug the ensuing year, which shall not be less than nine months in districts having eight hundred children over five and under twenty years of age, and not less than five months in all other districts, on pain of forfeit- ure of their share of the primary school interest fund (Act 15, 1895). But in case such matters shall not be determined at the first or annual meetings, the district board shall determine the same; and in case the district fails to vote for at least the min- imum length required herein, the district board shall make provisions for said minimum length of school. 13. To appropriate any surplus moneys arising from the one mill tax (after having maintained a school in the oNE^iiiiu. TAX. district at least eight months in the school year), for the purpose of purchasing and enlarging school sites, or for building or repairing school houses, or for purchas- ing library books, globes, maps, and other school apparatus, or for any incidental expenses of the school (5053). 13. By a two-thirds vote of the qualified electors present at any annual meeting or a special meeting called MONEY* for that purpose, to borrow money and issue bonds to pay for a school-house site or sites, and to erect and furnish school building (5103). 14. To decide by a fwo-thirds vote of the tax-paying voters TRANSFER TO of the dlstrlct, to use money for some purpose FUND."" other than that for which it was raised (5063). OF MICHIGAN, 37 15. To designate by a two-thirds vote of those present, such number of sites as may be desired for school ^'="°°'-='^"- houses (5114). 16. By a two-thirds vote, to establish a district library ESTABLISH (Act 158, 1893), LIBRARY. 17. To vote to furnish free text-books to all the pupils of the FURNISH district (Act 147, 1889). TEXT-BOOKS. 18. To vote to close school house against public meetings CLOSE SCHOOL (5066), HOUSE. Qualified Voters at District Meetings. By the provisions of Act No. 15, Laws of 1895, the qualifica- tion of voters at school meetings is limited to citizens of the United States, and of the state, township, and school district in which such citizens offer to vote. The legal qualification of voters at school meetings is a subject of much discussion and controversy, and we give below carefully prepared state- ments of the necessary qualifications: 1. On all questions which do not directly involve the raising QUESTIONS of money by a tax, all citizens, male or female, iNG RAISING who have resided in the district the three months OF MONEY. next preceding the school meeting, who are twenty-one years of age and are parents or legal guardians of children included in the school census, may vote. 2. All citizens, male or female, who are twenty-one years of age and are the owners of property assessed for QUALiFicA- school taxes, may vote on all questions at district TioN. meetings. 3. In township districts organized under Act 176 of the Laws of 1891, and in several cities organized by special BARRED FROM legislatlvc euactment, the right to vote is given VOTING. only to those who are qualified voters for town- 38 SCHOOL LAW ship and city officers. The legal voters for school officers at such district meetings, therefore, are only those who have the right to vote the entire township or city ticket (Act 176, 1891; 59 Mich. 165; 76 Mich. 1). Act No. 138, Public Acts of 1893, giving women the right to vote in all school, city, and village elections, was declared unconstitutional by our supreme court. GEADED DISTRICTS. The powers and duties of voters in graded school districts are the same as those in primary districts, so far as such powers and duties are consistent with the law for the organization of graded districts. The following is taken from the first section of the act: Any school district containing more than one hundred chil- dren between the ages of five and twenty years may, by a two- thirds vote of the qualified electors present at any annual or special meeting, organize as a graded school district: Provided' That the intention to take such vote shall be expressed in the notice of such annual or special meeting. When such change in the organization of the district shall have been TRUSTEES. voted, the voters at such annual or special meeting shall proceed immediately to elect by ballot from the qualified voters of the district, one trustee for the term of one year, two for the term of two years, and two for a term of three years, and annually thereafter a successor or successors to the trustee or trustees whose terms of office shall expire (5132). TOWNSHIP DISTRICTS. These are subject to all the general laws of the state, so far as the same may be applicable, and the voters have all the powers and privileges conferred upon graded school districts (Act 176, 1891). OF MICHIGAN. 39 Challenging of Voters. When a person who is supposed to be unqualified to vote on any question which shall come before the voters CHALLENGED. ^^ ^ dlstrlct meeting, offers to vote, his vote may be challenged by any legal voter present; and it is the duty of the chairman to require such person to take his oath that he is legally qualified. If such person refuses to take the oath, his vote is rejected. A person who takes a false oath, is deemed guilty of perjury and may be tried and pun- ished according to the law for such an offense. When any question is taken in any other manner than by ballot, a challenge immediately after the vote has vormG^BY been taken shall be deemed to be made when offer- BALLOT. ing to vote, and treated in the same manner (5050). Disorderly Conduct. If, at any district meeting, any person conducts himself in a disorderly manner and, after notice from the mod- OFOFFENDER. ©rator or person presiding, persists therein, the moderator or person presiding may order him to withdraw from the meeting and, on his refusal, may order any constable or other persons to take him into custody until the meeting shall be adjourned. Any person who refuses to withdraw from such meeting on being so ordered, and also any person who wilfully w^THDRAw° disturbs such meeting by rude and indecent be- behavior, or by profane or indecent discourse, or in any other way makes a disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceed- ing thirty days; and any justice of the peace, recorder, or police justice of the township, ward, or city where such offense is committed, shall have jurisdiction to try and determine the same (5051). 40 SCHOOL LAW CHAPTER V. SCHOOL OFFICERS. In Primary Districts. At the first meeting in each newly organized school district there is elected a moderator for a term of three years, a director for a term of two years, and an assessor for a term of one year. By arranging in this way, the term of office of one expires each year and the length of each term is three years. All school officers must be chosen by ballot to be legally elected. This provision is mandatory and must HOW ELECTED. ^^ observcd (75 Mich. 143). All ballots cast under statutory requirements are formal and final. There can be no such thing as an informal ballot. If on a first ballot a person receives a majority of all the votes cast, there is an election and the vote can not be repeated (78 Mich. 635). Officers who were chosen unanimously {viva voce) at a regularly called meeting, and who have qualified and are act- ing, are officers de facto and the public interest demands that they shall not be disturbed (75 Mich. 148). School officers cannot be elected by a bare plurality vote. In electing officers the district acts in its corporate VOTE DOES capacity, and no corporate action can be had NOT ELECT. without the concurrence of the majority (Atty. Gen., July 18, 1877). The moderator, director, and assessor shall constitute the district board. Meetings of the board may be OF BUSINESS, called by any member thereof, by serving on the other members a written notice of the time and OF MICHIGAN. 41 place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board is valid, unless voted at a meeting of the board. A majority of the members of the board at a meeting is necessary for the transaction of business (5058). ELIGIBILITY TO DISTRICT OFFICES. Any qualified voter in a school district who has property liable to assessment for school taxes, is eligible to election or appointment to office in such school district, unless such per- son be an alien. ACCEPTANCES, Within ten days after their election or appointment, the sev- eral officers of each school district file with the director written acceptances of the offices to which they have been respectively elected or appointed, and such acceptances are entered in the records of the district by said director (5057, 5133). In town- ship districts the officers file acceptances within five days after being notified, and such notification is made within five days after election or appointment. VACANCIES. A district office may become vacant by: 1. Death of the incumbent. 3. Resignation. 8. Removal from office. 4. Removal from the district. 5. Conviction of any infamous crime. 6. Election or appointment being declared void by a compe- tent tribunal. 7. Neglect to file acceptance of office, or to give or renew any official bond as required by law. Temporary absence of an officer does not create a vacancy 42 SCHOOL LAW in the office. If liis family continues to reside in ABSENCE."^ the district, he retains his residence. (Atty. Gen., Feb. 8, 1882.) FILLING OF VACANCIES, In case any one of the district offices becomes vacant, the two remaining officers shall immediately fill such MAirnNG"^' vacancy, or in case two of the offices become OFFICERS. vacant, the remaining officer shall immediately call a special meeting of the district to fill such vacancies. In case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in case SCHOOL IN- ^^1 the offices in a district shall become vacant, the spECTORs. board of school inspectors of the township to which the annual reports of such district are made shall fill such vacancies. Any person elected or appointed to fill a vacancy in a district office shall hold such office until the next succeed- iNG oFF^icE. ^^S annual meeting, at which time the voters of the district shall fill such office for the unexpired portion of the term (5055). In graded districts the trustees have power to fill any va- VACANCY IN cancy that may occur in their number, until the GRAD^trDts-" next annual meeting (5133). The same is true in TRicTs. case of a vacancy on the township board of edu- cation (Act 176, 1891). POWERS AND DUTIES OF DISTRICT BOARD. It is impossible to enumerate in detail all of the many duties which the officers of a district are called upon to perform. Below is given a summary of their most important duties, fol- lowed farther on by a similar summary of the powers and duties of each individual school officer: 1. To purchase a record book and such other books, blanks, and stationery as may be necessary to keep a record of the pro- OP MICHIGAK. 43 ceedings of the district meetings and of meetings AND°sTAT?oN? o^ t^ie board, the accounts of the assessor, and for E«Y. doing the business of the district in an orderly manner (5059, 24 Mich. 353). 2. To purchase or lease, in the corporate name of the district, such sites for school houses as have been lawfully SCHOOL SITES, (jegignatcd; to build, hire, or purchase such school houses as may be necessary, out of the fund pro- vided for that purpose; and to make sale of any site or other property of the district, when lawfully directed by the quali- fied voters (5060). 3. To estimate the amount necessary to be raised, in addition to other school funds, for the entire support of BE raiseV° such schools, including teachers' wages, fuel, and other incidental expenses, and for deficiencies of the previous year for such purposes. In districts having less than thirty scholars, such estimate, including the district's share of the primary school interest fund and one-mill tax, must not exceed the sum of fifty dollars a month for the period during which school is held in such district; and when such amount has been estimated and voted by the district board, it is reported for assessment and collection, the same as other dis- trict taxes. When a tax has been estimated and voted by the dis- trict board under the provisions of this section, and MONEY."*'* is needed before it can be collected, the district board may borrow to an amount not exceeding the amount of said tax (5061). . 4. Between the first and third Mondays in September in ANNUAL RE- cach ycar, to make out and deliver to the town- TowNSHip ship clerk of each township in which any part of CLERK. the district is situated, a report in writing of all taxes voted by the district during the preceding year, and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district (5062). 44 SCHOOL LAW 5. To apply and pay over all school moneys belonging to the SCHOOL district, in accordance with the provisions of law FUNDS. regulating the same. 6. To present to the district at each annual meeting, a report in writing containing an accurate statement of all PQp"*oo^'. moneys of the district received by them during TRicT. the preceding year, and of the disbursements made by them, with the items of such receipts and disbursements, such report to contain a statement of all taxes assessed upon the taxable property of the district during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose. Said report is entered by the director in the records of the district (5064). 7. To hire and contract with such duly qualified teachers as may be required, all contracts to be in writing WITH TEACH- ^^^ slgued by a majority of the board on behalf ERs. of the district (5065). 8. To have the care and custody of the school house and other property of the district, except so far as the SCHOOL same, by vote of the district, be specially confided PROPERTY, to the custody of the director, including all books purchased for the use of indigent pupils; to open the school house for public meetings, unless by a vote at a district meeting it shall be determined otherwise : Provided, That said board may exclude such public meetings during the five school days of each week of any and all school terms, or such parts thereof as in their discretion they may deem for the best interest of the schools (5066). 9. To specify the studies to be pursued in the schools of the district (5067). 10. On making a selection of text-books, to keep a record thereof in their proceedings; and text-books once TEXT-BOOKS adoptcd shall not be changed within five years, ADOPTED. except by the consent of a majority of the qual- ified voters of the district present at an annual meeting or at a special meeting called for that purpose. OF MICHIGAN. 45 11. To require each teacher in the public schools of such district, before placing the school register in the IN PHYSIOLOGY h^nds of thc director, to certify therein whether AND HYGIENE, qj. jjq^ rcqulrcd instruction in physiology and hygiene has been given in the school or grade presided over by such teacher; and it is the duty of the director of the district to file with the township clerk a certified copy of such certifi- cate. Any school board neglecting or refusing to comply with this requirement is subject to fine or forfeiture, the same as for neglect of any other duty pertaining to the office. This applies to all schools in the state, including schools in cities or villages, whether incorporated under special charter or under the general laws (Act 165, 1887). 12. To purchase at the expense of the district, such text- books as may be necessary for the use of children, TEXT-BOOKS, whcu parcuts are not able to furnish the same, and to include the amount of such purchase in the report to the township clerk or clerks, to be levied in like man- ner as other district taxes (5068). 13. To have the general care of the school, and to make and enforce suitable rules and regulations for its SUSPENSION^" government and management, and for the pre- servation of the property of the district. Said board may authorize or order the suspension or expulsion from the school of any pvipil guilty of gross misdemeanor or per- sistent disobedience, whenever, iu its judgment, the interests of the school demand it (5069). (See also Chap. X.) 14. To admit to the district school non-resident pupils, in its discretion, and to determine the rates of tuition of dent'pupils. such pupils and collect the same, which tuition shall not be greater than fifteen per cent more than the average cost per capita for the number of pupils of school age in the district (Act 131, 1895). 15. To have charge of any library which may have been es- 46 SCHOOL LAW tablished in the district (5143). It may also do- 'uBR^Ry°'^ nate or sell any library book or books belonging to the district, to the board of school inspectors of the township or townships in which the district is wholly or partly situated (5148). 16. To purchase text books for all the pupils of the district, FREE TEXT- when authorized by the voters of the district (Act BOOKS. j4^^ jgg(^)_ 17. To purchase a flag and flag-staff for each school house, such flag not to be smaller than four feet two inches by eight feet (Act 56, 1895). Board of Education of Graded Schools. The graded school board is composed of five members elected at the annual meeting for a term of three years. At the time of the organization into a graded district, one member is elected for a term of one year, two for terms of two years, and two for terms of three years. As in the case of officers of primary districts, these school officers must be elected by ballot and hold office HOW ELECTED, ^^^y]^ their successors are elected and qualified. A majority vote is also necessary. The board elects from its own number the director, moderator, and assessor for one year.* In case of a failure of the board to agree in the appointment of its officers, the school inspectors of the town- ship or city are authorized to make the appointment (5133). POWERS AND DUTIES. Besides having the same powers that are possessed by school * Note.— Many times in districts organized by special enactment school officers are known by other titles; as president, secretary and treasurer. Unless such special acts plainly prescribe the duties of such officers, the duties belonging to the moderator, director, and assessor are performed by the president, secretary, and treasurer, in the order named respectively. OF MICHIGAN. 47 officers of primary school districts, the officers of graded dis- tricts are authorized: 1. To classify and grade the pupils attending school in such district, and cause them to be taught in such OF SCHOOL. schools or departments as they may deem expe- dient (5134). 2. To establish in such district a high school, when ordered by a vote of the district at an annual meeting, and ADwIilfsroN. to determine the qualifications for admission to such school and the fees to be paid for tuition in any branches taught therein; Provided, That, when the parents or guardians of non-resident pupils pay a school tax in said district, the same shall be credited on their tuition a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference between the amount of the tax and the amount charged for tuition (Act 21, 1891). 3. To audit and order the payment of all accounts of the the director for incidental or other expenses accou'nts?'' incurred by him in the discharge of his duties; but no more than fifty dollars may be expended by the director in any one year for repairs of the buildings or appurtenances of the district property, without the authority of the board of trustees. 4. To employ all qualified teachers necessary for the several schools, to determine the amount of their compen- ^"^^"^^jl^^^. sation, and to require the director and moderator ERs. to make contracts with the same on behalf of the district, in accordance with the provisions of law concerning contracts with teachers. 5. To employ such officers and servants as may be necessary, for the management of the schools and school j^ANiTORs &c. property, and to prescribe their duties and fix their compensation (5134), 48 , SCHOOL LAW Board of Education of lownsMj) Districts. The board of edncation of a township district consists of two trustees, with the clerk and schoel inspectors of HOW ELECTED, ^j^^ township. Said trustees are elected by ballot at the annual township meeting of the township, upon the same ticket and canvassed in the same manner as the vote for township officers. Within five days after the annual election the township clerk is required to give written notice of their election to the persons elected trustees, and within five days thereafter said trustees so elected shall take and subscribe the oath of office prescribed by the constitution of this state, before any officer authorized to administer oaths, and file the same with the township clerk. The term of office of the trustees of said district commences on the second Monday following the annual town- OFFICE?'' ship election at which they are elected, and con- tinues for two years and until their successors are elected and qualified. ORGANIZATION. The members of the board of education meet on the third Monday of April of each year, at the office of the township clerk, and organize. The school inspector of the township whose term of office will soonest expire, is president of the board and entitled to vote in all cases. In the absence of the president at any meeting, a majority of the members present may choose one of their own number president pro tem. The township clerk of said township is ex officio clerk of said board of education and entitled to vote. In case of the absence of said clerk, the board may choose some suitable person to perform his duties. The board on said third Monday of April in each year elects from its own number a treasurer, who holds his TREASURER. Qfggg fQj. Qjjg year and until his successor is elected and qualified, The board may at any tim^ OF MICHIGAIS". 49 fill a vacancy iu the office of treasurer; Provided, That the person appointed to fill a vacancy in the office of treasurer shall hold the office for the unexpired portion of the term only. The treasurer of said board within five days after his appoint- ment must file with the clerk of the board the constitutional oath of office. He must also, before entering upon the duties of his office, give a bond to said district in such sum and with such sureties as said board shall determine and approve, conditioned for the faithful performance of his duties, and must honestly account for all moneys coming into his hands belonging to said district. He has the keeping of all school and library moneys, and can not pay out the same without the authority of the board upon warrants or orders drawn upon him, signed by the clerk and countersigned by the president. MEETINGS. The regular meetings of the board are held on the third Mon- day of April, August, and December in each year. ]sq^Q notice of such meeting is required. Any two members is sufficient to adjourn any meeting from time to time until a quorum is present. Special meetings of the board may be called at any time on the request of the president, or any two members SPECIAL. thereof, in writing, delivered to the clerk, and the clerk upon receiving such request shall at once notify each member, if within the district, of the time of hold- ing such meeting, which shall be at least three days subsequent to the time of receiving such request by the clerk. All meetings of the board shall be held at the township clerk's office, unless otherwise ordered by a resolu- wHEREHELD. ^j^^^ ^j ^^^ board ; and all records and papers of the district shall be kept in the custody of said clerk and shall be open to the inspection of any taxpayer of said district. 50 SCHOOL LAW POWERS AND DUTIES, All the duties required of school inspectors, in townships organized under the primary school law, are performed by the township board of education. The township board of inspec- tors, therefore, has no separate existence in such townships. The following are the principal duties of township school officers: 1. To designate and purchase school house sites. 2. To erect buildings and furnish the same. 3. To employ legally qualified teachers. 4. To provide books for district library. 5. To make by-laws relative to the taking of the school census. 6. To make all necessary reports and transmit the same to the proper officers. 7. To make needful regulations and by-laws relative to school visitation, length of school terms, and purchase of books for indigent children (Act 176, 1891). Director. The director is the chief officer of the primary district and upon him falls much of the labor and responsibility of the dis- trict board. We give below many of his principal duties: 1. To act as clerk, when present, of all meetings of the dis- trict and of the board. 3. To record the proceedings of all district meetings, and the minutes of all meetings, orders, resolutions, and other proceed- ings of the board, in proper record books. 3. To give the prescribed notice of the annual district meet- ing, and of all special meetings. 4. To draw and sign warrants upon the township treasurer for all moneys raised for district purposes or apportioned to the district by the township clerk, and orders upon the assessor for all moneys to be disbursed by the district, and to present them to the moderator, to be countersigned by that officer. OF MICHIGAN-. 51 Each order shall specify the object for which and the fund upon which, it is drawn. 5. To draw and sign all contracts with teachers, when directed by the district board, and present them to the other members of the board for further signature. 6. To provide, in his discretion, the necessary appendages for the school house, and keep the same in good condition and repair during the time of school. (See also Chap. X.) 7. To keep an accurate account of all expenses incurred by him as director, such account to be audited by the moderator and assessor and, on their written order, to be paid out of any money provided for the purpose. 8. To present at each annual meeting an estimate of the ex- penses necessary to be incurred during the ensuing year by the director, and for payment of the services of any district officer. 9. To preserve and file copies of all reports made to the school inspectors; and safely to preserve and keep all books, papers and other documents belonging to the office of director (or to the district, when not otherwise provided for) and to de- liver the same to his successor in office. 10. To take a census of the district within the ten days next previous to the first Monday in September in each year. This work may be done by any person appointed by the district board. 11. At the end of the school year and previous to the second Monday in September in each year, to deliver to the town- ship clerk, to be filed in his office, a report to the board of school inspectors of the township, showing: (a) The whole number of children belonging to the district between the ages of five and twenty years, according to the census taken as aforesaid. (&) The number attending school during the year under five, and also the number over twenty years of age. 52 SCHOOL LAW (c) The number of non-resident pupils of the district that have attended school during the year. (d) The whole number that have attended school during the year, (e) The length of time the school has been taught during the year by a qualified teacher, the name of each teacher, the length of time taught by each, and the wages paid to each. (/) The average length of time scholars, between five and twenty years of age, have attended school during the year, (g) The amount of money received from the township treas- urer and apportioned to the district by the township clerk. (h) The amount of money raised by the district, and the purposes for which it was raised. (^) The kind of books used in the school. (j) Such other facts and statistics in regard to the schools and the subject of education, as the Superintendent of Public Instruction shall direct. 13. In fractional districts to make an annual report to the clerk of the township in which the school-house is situated, and also to report to the clerk of each township in which the district is in part situated, the number of children between the ages of five and twenty years living in that part of the district lying in such township (5073). 13. To perform such other duties as may be required of the director by law or by the district board. Moderator. It is the duty of the moderator of each school district: 1. To preside, when present, at all meetings of the district and of the board. 3. To countersign all orders legally drawn by the director upon the assessor for moneys to be disbursed by the district, and all warrants of the director upon the township treasurer for moneys raised for district purposes, or apportioned to the district by the township clerk. OF MICHIGAN". 53 3. To cause an action to be^fprosecuted in the name of the district on the assessor's bond, in case of any breach of any condition thereof. 4. To perform such other duties as may be required of the moderator by law. Assessor. It is the duty of assessor of each school district: 1. To execute to the district and file with the director, within ten days after his election or appointment, a bond in double the amount of money to come into his hands as such assessor during his term of office, as near as the same can be ascer- tained, with two sufficient sureties, to be approved by the moderator and director, conditioned for the faithful applica- tion of all moneys that shall come into his hands by virtue of his office, and to perform all the duties of his said office as required by the provisions of this act. Said bond ^°^°- shall be filed with the director, and in case of any breach of the condition thereof, the moder- ator shall cause a suit to be commenced thereon in the name of the district, and any moneys collected thereon shall be paid into the township treasury, subject to the order of the district officers, and shall be applied to the same purposes as the moneys lost should have been applied by the assessor, 2. To pay all orders of the director, when lawfully drawn and countersigned by the moderator, out of any moneys in his hands belonging to the fund upon which such orders may be drawn. 3. To keep a book in which all the moneys received and dis- bursed shall be entered, the sources from which the same have been received, and the persons to whom and the objects for which the same have been paid. 4. To present to the district board at the close of the school 54 SCHOOL LAW year a report in writing, containing a statement of all moneys received during the preceding year and of each item of dis- bursements made, and exhibit the voucher therefor. 5. To appear for and on behalf of the district in all suits brought by or against the same, when no other directions shall be given by the qualified voters in district meeting, except in suits in which he is interested adversely to the district; and in all such cases the moderator shall appear for such district, if no other direction be given as aforesaid. 6. At the close of his term of office to settle with the district board, and deliver to his successor in office all books, vouchers, orders, documents, and papers belonging to the office of assess- or, together with all district moneys remaining on hand. 7. To perform such other duties as may be required of the assessor by law. OF MICHIGAI^. 55 CHAPTER VI. TEACHERS. Legal Qualifications. No contract with any person not holding a legal certifi- cate of qualification authorizing him to teach, is valid; and all contracts with a person holding a legal certificate termi- nates, if the certificate expire by limitation and is not immedi- ately renewed (5065). All persons who expect to teach must procure the necessary certificate from some duly constituted authority. There are several ways by which teachers may re- ceive certificates. We first mention those granted by the county board. COUNTY CERTIFICATES. The regular examinations of teachers in all counties of the state are held at the county seats on the last Thurs- AMiNATioNs." ^ay aud Friday of March, and the third Thursday and Friday of August in each year. In nearly all of the counties are held two other regular public examinations on the third Thursdays and Fridays of June and October in each year. Examiners in counties containing more than one hundred fifty school districts, may hold one other pub- I NATIONS. " lie examination for each twenty -five districts in the county. By this plan the counties of Kent and Oakland are entitled to three extra examinations; the counties of Allegan and Lenawee to two; and the counties of of Berrien, Genesee, Hillsdale, Jackson, Saginaw, St. Clair, 56 SCHOOL LAW Van Buren, Washtenaw, and Wayne to one. The dates for such extra examinations are fixed on the third Fridays of February, April, and September (Act 66, 1895). Three grades of county certificates are granted, as follows: First grades are granted from the examinations of March and August and are valid for four years. The ex- cEffTiFicATE. amiuatiou is in algebra, botany, geometry, general history, physics, arithmetic, grammar, United States history, civil government, geography, reading, penman- ship, orthography, school law, theory and art of teaching, physiology and hygiene with reference to the effects on the hu- man system of alcoholic drinks, stimulants, and narcotics. All county certificates must be signed by the commissioner and at least one examiner (Act 34, 1893). Without the indorsement of the Superintendent of Public Instruction, first grade certificates are valid only in counties where granted. To secure this indorsement the papers written by successful applicants must be forwarded by commissioners MENT.^^' within ten days to said superintendent for exam- ination and approval. If he approves and signs the certificate, it becomes valid throughout the state. Second grades are granted from the four regular examina- tions and are valid throughout the county where cERxmcATE:"^ granted for three years. Candidates may select any two of the four studies — algebra, botany, gen- eral history, and physics — and are required to write on all the other branches excepting geometry. Third grades are granted from any public examination and are valid throughout the county where granted CERT°F?CATE^ ^^r ouc ycar. The branches required in an exam- ination for a third grade certificate are all those, excepting the first five mentioned, in the first grade list. For the purpose of limiting the number of third grade certifl- OF MICHIGAN". 57 cates which may be granted to a person in the pub- A AND B. lie schools, third grade certificates are divided into two classes known as A and B. Certificates of class A are granted to teachers of three years experience in primary department (first four grades) of graded schools. Certificates of this class license the holder to teach only in primary departments. The number which may be granted to a person is not limited. Certificates of class B are the regular third grade certificates and license the holder to teach in any school of the county; but no more than three certificates of this class can legally be granted to the same person (Act 34, 1893). The purpose of this law is to require teachers to progress and secure higher grades of certificate. The questions for these two classes of third grade certificates vary somewhat to correspond with the kind of work required of the teachers. All questions for county examinations are prepared by the Superintendent of Public Instruction and furnished QUESTIONS. to the commissioner under seal, to be opened in the presence of the candidates for certificates. The standard of examinations to be followed is left entirely to the discretion of the examining board, so that EXAMINATION. ^^^ succcss Or failure of applicants depends more on the closeness or liberality of the marking than upon the character of the questions furnished. Besides the certificates mentioned, the county commissioner has power, upon personal examination satisfactory CERTIFICATES. ^^ himsclf or herself, to grant certificates which shall license the holder thereof to teach in a speci- fied district for which it is granted; but such certificate does not continue in force beyond the time of the next public ex- amination, and in no case can a second special certificate be granted to the same person, and it does not in any way exempt the teacher from a full examination (Act 34, 1895). The object of a special certificate is to bridge over the time between the commencement of a school term and the next meeting of the examining board (71 Mich, 361). 58 SCHOOL LAW Educational qualifications are not the only qualification of teachers. After July 4, 1895, no board of exam- OF teT/hers. iners can legally grant a certificate tetany person who, having arrived at the age of twenty-one years, is not a citizen of the United States (Act 66, 1895). The law also directs the examining board to grant certificates to successful applicants who have attained the age of seventeen years (Act 34, 1893). The moral character of the applicant is another question which examining boards must carefully consider. CHARACTER. Certlficatcs may be withheld from persons who, though possessing all the educational qualifications, are unfit to teach in the public schools. The supreme court, in the case of Sturdevant vs. the Board of Examiners, refused to interfere with the decision of the examiners, and decided that the board was better able to determine the qualifications of applicants than the court. From another decision we quote, "A man who habitually violated his duty by profanity and Sabbath breaking, was of bad moral character" (45 Mich. 484). RENEWALS OP CERTIFICATES. The only Michigan law in existence authorizing boards of examiners to renew certificates, is the provision found in Act No. 34 of the law of 1893. It reads: " The board of examiners shall have the right, however, to renew without examination the certificates of persons who shall have previously obtained an average standing of at least 85 per cent, in all studies cov- ered in two or more previous examinations, and who shall have been since that examination continuously and successfully teaching in the same county." This seems so plain as to require no explanation, but numerous inquiries addressed to the department of public instruction suggest that it is not interpreted alike by teachers and examiners. We, there- fore, in the absence of any court decisions, venture the follow- OF MICHIGAN. 59 ing interpretation: 1st. The standings on each certificate must average 85 per cent. 2d. The board does not have the right under this provision to renew the certificate of an applicant who has not been teaching continuously and successfully dur- ing the two years just preceding. 3d. The law is simply per- missive and not mandatory on the examiners. REVOKING OF CERTIFCATES. The board of examiners may suspend or revoke any teacher's certificate issued by them, for any reason which would have justified said board in withholding the same when given — for neglect of duty, for incompetency to instruct or govern a school, or for immorality — and the said board may, within their jurisdiction, for immorality or incompetency to instruct and govern a school, suspend the effect of any teacher's certifi- cate that may have been granted by other lawful authority: Provided, That no certificates shall be suspended or revoked without a personal hearing, unless the holder thereof shall, after a reasonable notice, neglect or refuse to appear before the said board for that purpose (Act 147, 1891). CITY CERTIFICATES, The officers of every school district which is or shall here- after be organized in whole or in part in any incorporated city in this state where special enactments shall exist in regard to the licensing of teachers, shall employ only such teachers as are legally qualified under the provisions of this act: Provided, That in cities employing a superintendent, the examination of teachers shall be conducted by such superintendent or by a committee of the board of education of such school district, and certificates issued at such time and in such a manner as the Superintendent of Public Instruction and Board of Educa- tion in such city shall prescribe. Cities having a special and thoroughly equipped normal training department under con- trol of a special training teacher, such school having a course 60 SCHOOL LAW of not less than one year, shall be exempt from the provisions of this section as to the examination of teachers (Act 66, 1895). COLLEGE CERTIFICATES.* The state board of education is empowered to grant teachers' certificates without examination to any person Q° g" „oY who has received a bachelor's, master's, or doctor's degree from any college in this state having a course of study of not less than four years, actually taught in such college, in addition to the preparatory work necessary for admission to the university of Michigan, upon a recom- mendation from the faculty of such college, stating that in their judgment the applicant is entitled to received such cer- tificate. Such college must also have a course in the science and art of teaching of at least one college year of five and a half hours per week, which shall have been taken by said ap- licant and shall include a thorough examination by the col- lege granting such diploma, aa to qualification and fitness for teaching. Provided, that if said person furnishes to said board satis- factory proof of having successfully taught for cERTmcATE. three years in the schools of this state, said certifi- cate shall be a life certificate. If such proof is not furnished said board, then such certificate shall be for four years only, and a life certificate may at any time there- after be issued by said board upon the filing of such proof. Such certificate shall entitle the holder to teach in any of the schools of this state without examination, provided a copy of the same is filed or recorded in the office of the legal examin- ing officer, or officers of the county, city, township, or district in which said person is to teach, and shall be annulled only by the state board of education, and by it only for cause. It shall be the duty of said board of education carefully to * Note. -In June, 1895, the colleges having approved courses were Adrian, Albion, Hillsdale, Olivet. OF MICHIGATS". 61 examine any course of study in the science and APPRovAL^oF^ art of teaching that may be submitted to it by the trustees of any college and, if satisfactory, to fur- nish such trustees with a written certificate approving the same. If, at any time the said board of education concludes that any college, whose graduates may desire to OF APPROVAL.*^ receive such certificate, is not giving such instruc- tion in the science and art of teaching and in the other branches as shall be approved by it, then said board shall so determine by a formal resolution and shall give notice thereof to the trustees of such college; and thereafter no teachers' certificates shall be given by said board to the gradu- ates of such college, until said board shall be satisfied that proper instruction in the science and art of teaching and in other branches is given by such college, and the board shall certify such fact to the trustees of such college (Act 136, 1893). UNIVERSITY CERTIFICATES, The faculty of the department of literature, science, and the arts, of the university of Michigan, shall give to FACULTY. °^ every person receiving a bachelor's, master's, or doctor's degree, or a teacher's diploma for work done in the science and the art of teaching from said univer- sity, a certificate, which shall serve as a legal certificate of qualification to teach in any of the schools of this state, when a copy thereof has been filed or recorded in the office of the legal examining officer or officers of the county, township, city, or district. Such certificate shall not be liable to be annulled except by the said faculty of the university; but its effect OF c'ert^f?-'^ may be suspended in any county, township, city CATE. or district, and the holder thereof may be stricken from the list of qualified teachers in such county, township, city, or district, by the legal examining officer or officers of the said county, township, city, or district, for any cause and in 62 SCHOOL LAW the same manner that such examining officer or officers may be by law authorized to revoke certificates they have given, and such suspension shall continue in force until revoked by the authority suspending it (Act 144, 1891). STATE CERTIFICATES, The state board of education holds two meetings each year, at which they examine teachers and grant certificates to such as have taught in the schools of the state at least two years, and who, upon a thorough and critical examination in every study required for such certificate, are found to possess eminent scholarship, ability, and good moral character. Such certifi- cates, signed by the members of said board, impressed with its seal, entitle the holder to teach in any of the public schools of this state without further examination, and are valid for life unless revoked by said board. No certificate shall be granted except upon the prescribed examination (Act 194, 1889). The branches required in an examination for state certifi- cates are chemistry, zoOlogy, rhetoric, literature, EXAwmlifTioN. geology, in addition to those required for first grade certificates. The said state board of education may, in its discretion, endorse state teacher's certificates or normal STATES^ "^^ school diplomas granted in other states, if it be shown to the satisfaction of such board that the examinations required or courses of study pursued are fully equal to the requirements of this state (Act 73, 1895). Teachers' Institutes. All boards or officers authorized by law to examine appli- cants for certificates shall collect, at the time of ANNUAL FEES, examiuatlon, from each male applicant an annual fee of one dollar, and from each female applicant an annual fee of fifty cents; and the director or secretary of any school board that shall employ any teacher who had not OF MICHIGAN". 63 paid the fee hereinbefore provided, shall collect, at the time of making contract, from each male teacher so employed, an annual fee of one dollar, and from each female teacher so em- ployed, an annual fee of fifty cents. All persons paying a fee as required by this section, shall be given a receipt for the same; and no person shall be required to pay said fee more than once in any school year (5187). The requirements of this law apply to all teachers, whether appli- cants for certificates or employed by school boards (Atty. Gen., March 21, 1884). All such fees collected by the director or secretary of any school board are paid over to the county commis- fund!"^"^^ sioner of schools of the county in which they were collected, on or before the fifteenth day of March, June, September, and December, accompanied by a list of those persons from whom they were collected (93 Mich. , 281). And all such fees, together with all those that are collected by the county commissioner of schools are paid over by him to the treasurer of the county in which they were collected, on or before the last day of March, June, September, and Decem- ber in each year, accompanied by a complete list of all persons from whom said fees were collected; and a like list, accom- panied by a statement from the county treasurer that said fees have been paid to him, shall be sent by said commissioner to the Superintendent of Public Instruction. All moneys paid over to the county treasurer as provided by this act, shall be set apart as a teachers' institvite fund (5188). The Superintendent of Public Instruction shall annually appoint a time and place in each organized county * E E . ^^j. j^Qj^ijjg g^ teachers' institute, make suitable arrangements and give due notice of the same: Provided, that in organized counties having less than one thousand children between the ages of five and twenty years, the holding of the institute shall be optional with the said su- perintendent, unless requested to hold such institute by fifteen 64 SCHOOL LAW • teachers of the county in which such institute is to be held. However, if there shall not be a sufficient number of teachers in any county to make such request, then teachers of ad- joining counties who desire to attend such institute may unite in the required application to said superintendent. Also, the said superintendent may, in his discretion, hold an insti- tute for the benefit of two or more adjoining counties, and draw the institute fund from each of the counties thus benefited (5189). The Superintendent of Public Instruction, in case of inability personally to conduct any institute or to make the CONDUCTOR, necessary arrangements for holding the same, is authorized to appoint some suitable person for that purpose, who shall be .subject to the direction of the su- perintendent. Every teacher attending any institute held in accordance with the provisions of this act, shall be given by OF ATTEN^D-^ the Superintendent of Public Instruction or by the ANCE. conductor, a certificate setting forth at what ses- sions of said institute such teacher was in attendance; and any teacher who closes his or her school in order to attend the institute, shall not forfeit his or her wages as teacher during such time as he or she attended it, and the certificate provided shall be evidence of such attendance (5190), For the purpose of defraying the expenses of rooms, fires, lights, or other necessary charges, and for pro- EXPENSEs? curing teachers and lecturers, the said superinten- dent or the person authorized by him to conduct the institute, may demand of the county clerk of each county for the benefit of which the institute is held (who shall there- upon draw an order on the county treasurer of his county for such sum) an amount necessary to defray these expenses but not exceeding the institute fund in the county treasury; and the treasurer of said county is hereby required to pay over to OF MICHIGAlSr. 65 said superintendent or conductor, from the institute fund in his hands, the amount of said order (5191). In case the institute fund in any county is insufficient to defray the necessary expenses of any institute STATE AID. held under the provisions of this act, the auditor general shall, upon the certificate of the superin- tendent that he has made arrangements for holding such insti- tute and that the county institute fund is insufiicient to meet the expenses thereof, draw his warrant upon the state treas- urer for such additional sum as said superintendent shall deem necessary for conducting such institute, which sum shall not exceed sixty dollars for each institute of five days' duration (5191a). The superintendent is authorized to hold, once in each year, an institute for the state at large, to be denomi- i*NST%uTE. nated a state institute; and for the purpose of de- fraying the necessary expenses of such institute, the auditor general shall, on the certificate of said superintend- ent that he has made arrangements for holding such institute, draw his warrant upon the state treasurer for such sum as said superintendent shall deem necessary for conducting such insti- tute, which sum shall not exceed four hundred dollars and shall be paid out of the general fund: Provided, That not more than eighteen hundred dollars shall be drawn from the treas- ury, or any greater liability incurred in any one year, to meet the provisions of this law (5192). The Superintendent of Public Instruction or the conductor drawing money from the county treasurer, shall, at the close of each institute, furnish to the county treasurer vouchers for all payments from the same; and he shall return to the county treasurer whatever of the amount may remain unexpended, to be replaced in the institute fund (5193). 66 SCHOOL LAW Teachers' Associations. Any fifteen or more teachers, or other persons residing in " the state, who shall associate for the purpose of zation'." promoting education and science and improve- ments in the theory and practice of teaching, may form themselves into a corporation under such name as they may choose, providing they shall have published in some newspaper printed at Lansing or in the county in which such association is to be located, for at least one month previous, a notice of the time, place, and purpose of the meeting for such association, and shall file in the office of the secretary of state a copy of the constitution and by-laws of said association (4385). Such association may hold and possess real and personal ^ property to the amount of five thousand dollars, FUNDS. ^^^ ^j^g funds or property thereof shall not be used for any other purpose than the legitimate business of the association in securing the objects of its corporation (4386). Upon becoming a corporation, they shall have all the powers and privileges and be subject to all the duties of a POWERS. corporation (4387). teachers' contracts. A- teacher's contract must be in writing, and must state the wages agreed upon and the length of the term. The teacher must be required to keep a correct list of the pupils and the age of each attending the school. RECORD^" He shall keep a record of the number of days each pupil is present, and furnish to the director a cor- rect copy of the same at the close of the school. The contract must be filed with the director and a duplicate FILING OF CON- gopy fumishcd to the teacher (5065). OF miohiga:n'. 67 A contract with a teacher who does not hold a certificate that is valid within the county, is void. If the TEACHER. "" certificate expires during the period for which the contract is given, said contract becomes void, un- less the teacher immediately secures a new certificate. The word "immediately" in the foregoing sentence should be con- strued to mean that the certificate be renewed before the teacher continues with the work of the school. All contracts for teaching must be construed as subject to vacations on legal holidays.* No deduction from HOLIDAYS. teachers' wages on account of such vacation can be made (39 Mich. 484). Holidays should always be counted as days taught. The employment of teacher hy the day instead of hy the month or year, does not make it the duty of teachers to make up time lost in the observance of holidays. If a teacher is employed for a definite time and, during the period of his employment, the district officer scHooi?s°'' closes the schools on account of the prevalence of .contagious diseases and keeps them closed for a time, the teacher is entitled to full wages during such period (43 Mich. 480; 39 Mich. 484; 62 Mich. 153). In schools closed on account of a loss of the school house by fire or storm, the teacher can collect his wages (75 Mich. 143). Contracts made previous to annual meeting are valid. The MADE legislature contemplated that schools should gen- ANNUA^L erally open on the beginning of the school year MEETING. and that teachers would have to be contracted with in season. Neither the newly elected trustees nor the voters at the annual meeting, have the power to impair the obligation of a contract made before such annual meeting (44 Mich. 500; 98 Mich. 43; 88 Mich. 374). * Note.— The legal holidays In this state are January 1, Febrnary Ji3, May 30, July 4, Labor Day, Thanksgiving Day, and Christmas. When- ever a legal holiday falls on Sunday, the next day is observed instead . 68 SCHOOL LAW When a contract with a teacher has been agreed upon at a board meeting, it is the duty of the director and TO CONTRACT, ^hs moderator to sign it. It is not in the power of the ofl&cers to defeat the action of the board by refusing to sign a contract authorized by it (93 Mich. , 43). A contract signed by, two members of the board without calling a meeting and consulting with the other member, is void (47 Mich. , 626). It is not imperative that a contract be signed by all three of the officers, and one signed by a majority of the board is presumed to be valid, especially if the officers draw and pay orders without protest (61 Mich,, 299). It should also have the teacher's signature. While it is the duty of the director to sign and file a teach- er's contract, his refusal to perform his duty in contract!'' this respect does not impair the validity of a con- tract, if otherwise properly authorized and exe- cuted (46 Mich., 316). A contract valid on its face and carried with the acquiescence of all concerned, can not be subsequently repudiated (62 Mich. 158; 77 Mich. 610). Contracts made between the district board and teacher must be authorized at a regular meeting of the board oR^rzED*"^"' (4'7 Mich., 626). After a contract has been duly authorized at a meeting of the board, it may be signed at the convenience of the oflicers (30 Mich. , 249). No power is now conferred by statute upon the voters at a CHOICE OF district meeting, to determine whether the school female" shall be taught by a male or a female teacher (88 TEACHER. Mich., 374). All teachers whether qualified or unqualified, are entitled to CONTRACTS pay for scrviccs actually performed. The general ERs NOT LEG- poHcy of thc school law is that schools shall be fi'ed'. ^"*'"'" taught by qualified teachers, but necessities may arise where this cannot be done. A district viay be unable to find a qualified teacher. \ ^Where the employment of an un- OF MICHIGAN. 69 qualified teacher is a necessity, the school district is authorized to employ one who has not the proper certificate, (if the school board is satisfied that the teacher is otherwise qualified), and to pay such teacher out of the moneys belonging to the district; but the primary school moneys and mill-tax cannot be applied to that purpose (37 N. W. , 570). The liability of a school dis- trict to pay a teacher for services actually rendered, has been maintained by the following authorities: 55 Vt , 61; 13 Neb., 52; 47 Mich., 226; 10 N. W., 349; 61 Mich., 299; 28 N. W., 105. Teachers who do not hold a properly signed contract and who are permitted by the district board to teach, can COLLECT 1>ay!^ collect such wages as a court will allow, which is generally the average rate of wages paid in adjoin- ing school districts. Corporal Punishment. Our school law is silent on this subject. The decisions of the courts uniformly sustain teachers in the administering of pun- ishment to a reasonable degree. Teachers should exercise much discretion and punish only when allother methods fail. Many of our best educators are opposed to corporal punish- ment under any circumstances. Below is given a list of cases on which decisions have been made: 4 Gray, Mass., 36; 14 Johns., Ind., 119; 50 Iowa, 145; 4 Ind,, 291; 19 Vt,, 102; 27 Me. 266; 32 Vt,, 114; 50 Iowa, 152. Extent of Teachers' Aiithority. This is a much disputed question. Generally speaking, the authority of the teacher does not extend beyond the school premises; but conduct of pupils which injures the school and has a tendency to bring the teachers' authority into contempt, may be dealt with by the teacher, even if outside of school house and away from school premises (32 Vt. 114; 31 Iowa, 562). 70 SCHOOL LAW CHAPTER VII. COMPULSORY ATTENDANCE AT SCHOOL. Michigan has a comprehensive law for compelling children to attend school. Previous to 1895 the authority of truant and district officers has been limited, and a general enactment was passed by the legislature giving additional power to those deal- ing with parents who are indifferent concerning the education of the children, or with truants who baffle the authority of their parents (Act 95, 1895), Ages of Gompidsory Education. Every parent, guardian, or other person in the state of Michigan having control and charge of any child between the ages of eight and fourteen years, and in cities between the ages of seven and sixteen years, is required to send such child to the public school for a period of at least four months in each school year (except that, in cities NUMBER OF J \ f 1 MONTHS AT- havlug a duly constituted police force, the attend- TEN DANCE. aucc at school shall not be limited to four months), beginning on the first Monday of the first term commencing in his or her district after September 1, 1895, and of each year thereafter. Such attendance must be consecutive, and each and every pupil between the ages specified must have attended school the entire four months previous to the thirtieth day of June in each year. PUPILS EXEMPTED. 1. Those who are being taught in private schools in such branches as are usually taught in public schools. OF MICHIGAN. 71 2. Pupils who have already acquired the ordinary branches of learning taught in public schools. 3. Children physically unable to attend school, if such fact is certified to by a reputable physician. 4. Those living more than two miles from any school house. Truant Officer. The district board or board of education in each school dis- trict which has been organized as a graded school POINTED.' district or as a township district, previous to the tenth day of September of each year, appoints a truant officer for the term of one year from and after the first Monday of September of each vear. In townships whose districts are organized under the primary school law, the chairman of the township board DISTRICTS. of school inspectors is the truant officer and per- forms all the duties of truant officer, so far as the provisions of this law applies to the territory over which he has jurisdiction. In cities having a duly organized police force, it is the duty of the police authority, at the request of the school " ■ authorities, to detail one or more members of said force to perform the duties of truant officer. The compensation of the truant officer is fixed in graded school districts by the board which appoints, and sATioN*!' ^^ townships by the township board; and in no case can such compensation be less than one dollar and fifty cents per day for time actually employed under direc- tion of the district board in performance of his official duties. The compensation of truant officers is allowed and paid in the same manner as incidental expenses are paid by such boards. It is the duty of the truant officer to investigate all cases of truancy or non-attendance at school, and to render DUTIES. ^Y\ services within his power to compel children to attend school; and, when informed of continued 72 SCHOOL LAW non-attendance by any teacher or resident of the school dis- trict, he shall immediately notify the persons having control of such children that, on the following Monday, such children must present themselves with the necessary text-books for instruction in the proper school of the district. The notice also informs said parent or guardian that attendance at school must be consecutive at least eight half days of each week until the end of that term, except in cities having a duly constituted police force, where attendance in school shall be continuous. Penalty on Parents. In case any parent, guardian, or other person having charge of children fails to comply with the provisions of this law, he shall be deemed guilty of a misdemeanor and shall, on convic- tion, be liable to a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county or city jail for not less than two nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court. Ungraded Schools. In all city school districts having a school census of five hundred or more pupils, the school board or ofiScers having in charge the schools of such districts may establish one or more ungraded schools for the instruction of juvenile disorderly persons. They may, through their truant officer and superin- tendent of schools, require such children to attend said ungraded schools or any department of their graded schools, as said board of education may direct. Jiivenile Disorderly Persons. The following classes of persons between the ages of eight and fourteen years, and in cities between the ages of seven and sixteen years, are deemed juvenile disorderly persons, and OF MICHIGAN. 73 shall, in the judgment of the proper school authorities, be assigned to the ungraded school or schools: 1. Habitual truants from any school in which they are enrolled as pupils. 2. Children who, while attending any school, are incorrigibly turbulent, disobedient, or insubordinate, or are vicious or immoral in conduct. 3. Children who are not attending any school and who habitually frequent streets and other public places, having no lawful business, employment, or occupation. It is the duty of the truant officer, in case of a violation of of this law, within one week after having given of'law.°'^ the notice to the parent or guardian as specified above, to make a complaint for such refusal or neglect, against said parent, guardian, or other person having the legal charge and control of such child, before a justice of the peace in the city, village, or township where the party resides, except in cities having recorder's or police court. And said justice of the peace, police judge, or recorder's court, shall issue a warrant upon said complaint and shall proceed to hear and determine the same; and, upon conviction thereof, said parent, guardian, or other person, as the case may be, shall be punished by the fine and imprisonment above mentioned. It is the duty of all school officers, superintendents, or teachers, to render such assistance and furnish such information as they have at their command, to aid said truant officer in the fulfill- ment of his official duties. COMMITMENT TO REFORMATORY. When, in the judgment of school boards of primary and township school districts, or the superintendent of coMPLArNT. ^-^y. gg]-^QQig a,nd the truant officer, it becomes cer- tain that all legal means have been exhausted in their attempts to compel the attendance at school of a juvenile disorderly person, the truant officer shall, in case the person in 74 SCHOOL LAW parental relation to the child neglects or refuses to do so, make a complaint against such juvenile disorderly person before a court of competent jurisdiction, that said child is a juvenile disorderly person. The justice of the peace or court shall issue a warrant and proceed to hear such complaint; and, if said jus- sentence, ^jpg ^j ^YiQ peace or court shall determine that said child is a juvenile disorderly person, then said justice of the peace or court shall thereupon and after consul- tation M^ith the county agent of corrections and charities, sen- tence such child, if a boy, to the Industrial School for Boys at Lansing, for a term not extending beyond the time vrhen said child shall arrive at the age of seventeen years, unless sooner discharged by the board of control of said institution; or, if a girl, to the Industrial Home for Girls at Adrian, for a term not extending beyond the time when said child shall arrive at the age of seventeen years, unless sooner discharged by the board of control of said institution: Provided, That the sentence may be suspended, in case of the first offence. OF MICHIGAN. 75 CHAPTER VIII. TEXT BOOKS AND LIBRARIES. The district board is authorized to specify the studies to be pursued in the schools of the district, and each school board making a selection of text books for use in the district is directed to keep a record of the same. Adoption of Text Books. Text books once adopted can not legally be changed within five years, unless a majority of the voters of the ADOPTED^'* district shall consent at a regularly called district meeting (5067), If, after five years the school board does not make another adoption, the books formerly adopted continue to be the legally adopted books of the district. After a school board has adopted a certain text book and sev- eral copies of it have been received and sold to the REcoNstDER. patrous, the board has no right to reconsider the resolution adopting such book (88 Mich. 371), BOOKS FOR POOR CHILDREN. The district board may purchase at the expense of the dis- trict, such text books as may be necessary for the use of chil- dren, when parents are not able to furnish the same; and they shall include the amount of such purchase in the report to the township clerk or clerks, to be levied in like manner as other district taxes (5068). 76 SCHOOL LAW Free Text Boohs.* Section 1. From and after June thirtieth, eighteen hun- dred and ninety, each school board of the state the'boaV D. °^ s^^ll purchase, when authorized, as hereinafter provided, the text books used by the pupils of the schools in its district in each of the following subjects: orthography, spelling, writing, reading, geography, arith- metic, grammar (including language lessons), national and state history, civil government, and physiology and hygiene; but text books once adopted under the provisions of this act shall not be changed within five years: Provided, That the text book on the subject of physiology and hygiene must be approved by the state board of education, and shall in every way comply with section fifteen of act number one hundred and sixty -five, of the public acts of eighteen hundred and eighty-seven, approved June ninth, eighteen hundred and eighty-seven, and that all text books used in any district shall be uniform in any one subject. Sec. 2. The district board of each school district shall select the kind of text books on subjects enumerated in SELECTED. scctiou ouc, to be taught in schools of their re- spective districts: Provided, That nothing herein contained shall require any change in text books now in use in such district. The board shall cause to be posted in a conspicuous place, * Note.— We print in full Act No. 147, Public Acts of 1889, which is the free text book law of the state. Michigan has nearly 700,000 children of school age, about 500,000 of whom are attending school. There are about 7,^00 districts in the state; and, up to September, 1894, only about 400 had availed themselves of the benefits of this law. Let the student estimate the cost each year to each pupil, and multiply the amount by 500,000 to get the estimated yearly cost of text books to the pupils of the state. Now, supposing text books can be bought 10 per cent, cheaper, and, being actually worn out in the service of the pupils, last 15 per cent, longer, what would be the saving in each year, if all districts furnished free text books? Another question: Should not the sixty- fourth and sixty-fifth words in section two be changed from "the first" to "each"? OF MICHIGAN". 77 at least ten days prior to the first annual school TO VOTERS- meeting from and after the passage of this act, a notice that those qualified to vote upon the ques- tion of raising money in said district shall vote at such annual meeting to authorize said district board to purchase and pro- vide free text books for the use of the pupils in said district. If a majority of all the voters, as above provided, present at svich meeting shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school; and due notice of such action by the district shall be noted in the annual report to the Superintendent of Public In- struction, The district board shall take the necessary steps to purchase such books for the use of all pupils in the several oF*BooKs. schools of their districts, as hereinafter provided. The text books so purchased shall be the property of the district purchasing the same and shall be loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, That nothing herein contained shall prevent any per- son from buying his or her books from the district board of the school in which he or she may attend, and that nothing herein contained shall prevent any district having once adopted or re- jected free text books, from taking further action on the same at any subsequent annual meeting. Sec. 3. It shall be the duty of the district board of any school district adopting free text books provided wnTH^DEA^LER. ^^^ ^^ ^^^^ ^^^' ^^ makc & contract with some dealer or publisher to furnish books used in said district at a price not greater than the net wholesale price of such books : Provided, that any district may, if it so desires, authorize its district board to advertise for proposals before making such contract. 78 SCHOOL LAW Sec. 4. The district board of every school district in the state adopting free text books under this act, shall MATE oftYx.' inake and prepare annually an estimate of the amount of money necessary to be raised to comply .with the conditions of this act, and shall add such amount to the annual estimates made for money to be raised for school purposes for the next ensuing year. Said sum shall be in addition to the amount now provided by law to be raised, which amount each township clerk shall certify to the super- visor of his township to be assessed upon the taxable property of the respective districts, as provided by law for raising the reg- ular annual estimates of the respective district boards for school purposes, and, when collected, shall be paid to the district treasurer in the same manner as all other money belonging to said district is paid. Sec. 5. On the first day of February next after the tax shall have been levied, the director of said district may WHEN LEVIED. pj.Q(jgg(j jq purchasc the books required by the pupils of his district, from the list mentioned in section one of this act, and shall draw his warrant, counter- signed by the moderator, upon the treasurer or assessor of the district for the price of the books so purchased, including the cost of transportation. Sec. 6. If the officers of any school district which has so voted to supply itself with text books, shall re- OF "DirrY! ^^^^ or neglect to purchase at the expense of the district, for the use of the pupils thereof, the text books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or mem- ber of such board so refusing or neglecting, shall be deemed guilty of a misdemeanor, and, upon conviction thereof before a court of competent jurisdiction, shall be liable to a penalty of not more than fifty dollars, or imprisonment in the county jail for a period not exceeding thirty days, or by both ' such fine and imprisonment, in the discretion of the court: OF MICHIGAN". 79 Provided, That any district board may buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board, also that school districts in cities organized undier special charters shall be exempt from the provisions of this act; but such districts may, when so authorized by a majority vote of their district boards, submit the question of free text books to the qualified voters of said districts. If a majority of the qualified electors vote in favor of furnishing free text books, such district boards shall have authority to proceed under the provisions of this act (Act 147, 1889). Instruction in Physiology and Hygiene. In order that proper instruction be given in the effect on the human system of stimulants and narcotics, the to'be usED^ legislature has enacted laws which make it the duty of school boards to select suitable text books in physiology and hygiene, and likewise the duty of teachers to give instruction in this branch to all the pupils of the school. In addition to the branches in which instruction is now re- quired to be given in the public schools, instruction shall be given in physiology and hygiene with a special reference to the nature of alcohol and narcotics and their effects upon the human system. Such instruction shall be given by the aid of text books in the case of pupils who are able to read, and as thoroughly as in other studies pursued in the same school. The text books to be used for such instruction shall give at least one-fourth of their space to the consideration of the nature and efl'ects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall contain at least twenty pages of matter relating to this subject. Text books used in giving the foregoing instruction shall first be approved by the state board of education. The district board shall require each teacher in the public 80 SCHOOL LAW schools of such district, before placing the school report'^° register in the hands of the director, to certify therein whether or not instruction has been given in the school or grade presided over by such teacher, as required by this law, and it shall be the duty of the director of the district to file with the township clerk a certified copy of such certificate. Any school board neglecting or refusing to comply with any of the provisions of this act, shall be subject to fine or forfeiture the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in the state, including schools in cities or villages, whether incorporated under special charter or under the general laws (Act 165, 1887). PREVENTION OF COMMUNICABLE DISEASES. Although not properly belojiging under the general subject of text books, we mention under this head the printed matter sent out by the state board of health, quoting Act No. 146 of the Laws of 1895, which is brief and explains itself: " There shall be taught in every year in every public school in Michigan, the principal modes by which each of of*heauth!'° th® dangerous communicable diseases are spread, and the best methods for the restriction and pre- vention of each such disease. The state board of health shall annually send to the public school superintendents and teach- ers throughout this state, printed data and statements which shall enable them to comply with this act. School boards are hereby required to direct such superintendents and teachers to give oral and blackboard instruction, using the data and state- ments supplied by the state board of health. Neglect or refusal on the part of any superintendent or teacher to comply with the provisions of this law com'pIyVith shall be considered a sufficient cause for dismissal LAW. from the school by the school board. Any school board neglecting or refusing to comply with any of the provi-> OF MICHIGAN. 81 sions of this act shall be subject to a fine or forfeiture, the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in this state, including schools in cities or villages, whether incorporated under special charter or under the general laws," Libraries. * In the twelfth section of article thirteen of the constitution of the state, may be found the following provision for the establishment of libraries. The legislature shall also provide for the establishment of at least one library in each township and city; ESTABLISHED. ^^^ all fiues asscssed and collected in the several counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city: Pro- vided, That in no case shall such fines be used for other than library or school purposes. To carry into effect the above requirement, the legislature has from time to time enacted certain laws providing not only for libraries in townships, but in school districts. TOWNSHIP LIBRARIES. The law contemplates that a library shall be maintained in every organized township. The library is the property of the township, and all actions relating to township libraries are brought in the name of the township (5136). All persons who reside within the township have an equal right to the privileges of the library, excepting those who reside in districts that maintain a district library (5137). The care of the township library is entrusted to the town- CABE OF ship board of school inspectors. The inspectors library!'' ^^6 held accountable for the proper care and pre- servation of said library, prescribe rules and 6 83 SCHOOL LAW regulations concerning the same, may appoint a librarian whose term of office is one year, assess and collect fines for loss or injury of books, keep the books at some central or eligi- ble place, and make annual reports to the Superintendent of Public Instruction giving such facts and statistics as said superintendent may require. DISTRICT LIBRARIES. Any school district, by a two-thirds vote at any annual meeting, may establish a district library. Such districts are entitled to an equitable proportion of the books from the town- ship library, and also to a proportionate share of the library money of the township. District boards have charge of district libraries, and are sub- ject to the same rules and regulations as to D*sTR?cT ^^^^ of ^^^ library as are the township inspectors LIBRARY. (Act 158, 1893). ANNUAL ADDITION TO LIBRARIES. The annual report of the, Superintendent of Public Instruc- tion is furnished to every township and district library. LIBRARY FUNDS. The clear proceeds of all fines for any breach of the penal laws of this state and for penalties, or upon any library"^ recognizance in criminal proceedings, and all FUNDS. equivalents for exemption from military duty, when collected in any county and paid into the county treas- ury, together with all moneys heretofore collected and paid into said treasury on account of such fines or equivalents, which are not already apportioned, shall be apportioned by the county treasurer among the several townships in the county before the first day of June in each year, according to the number of children therein between the ages of five and twenty years, as shown by the statement of the Superin- OF MICHIGAN". 83 tendent of Public Instruction; and this money shall be exclus- ively applied to the support of the township and district libra- ries, and to no other purpose (Act 15, 1895). The qualified voters of each township have power at any annual township meeting, to vote a tax for the OF t'ax. support of township libraries; and the qualified voters of any school district, in which a district library has been established, have power at any annual meet- ing of such district, to vote a district tax for the support of the district library. When any tax for libraries has been voted, it is reported to the supervisor, levied, and collected in the same manner as other township and school district taxes (5147). The Superintendent of Public Instruction annually and pre- vious to the tenth day of May, transmits to the APPORTION- clerk of each county a statement of the townships "^'^^" in his county that are entitled to receive library moneys, giving the number of children in each of such town- ships between the ages of five and twenty years, as appears from the reports of the boards of school inspectors for the school year last ending; the clerk files such statement in his office, and furnishes a copy of the same to the county treasurer (5145). The statements also indicate the various districts of the townships that are entitled to receive a portion of the moneys apportioned to the townships. In case the board of school inspectors of any township or district board of any school district, fails to make FORFEITURE, ^hc required report, or in case it appears from the reports so made that any township or district has failed to use the library money in strict accordance with the law, such township or district forfeits its share of the library moneys that are apportioned, and the same shall be apportioned to the several other townships and districts in the county. The constitution has provided that library moneys may be used for general school pui-poses, if the township board shall so determine (Art. 11, section 12). 84 SCHOOL LAW CHAPTER IX. SCHOOL REVENUES. The moneys used for the support of the comtnon schools are: 1. The interest from the primary interest fund. 3. The one-mill tax. 3. District school taxes. 4. Unappropriated dog tax. 5. Library moneys.* 6. Tuition of non-resident pupils. Primary School Fimd. The establishment of this fund has been referred to in the first chapter of this book, and we give in this chapter a few facts concerning its distribution. The fund is divided among the school districts of the state in proportion to the number of school children in HOW DIVIDED. Q^^Yi, Statements showing the number of school children in each county, township, and district of the state are sent by the Superintendent of Public Instruction to the several county clerks, between the first and tenth days of May and November of each year. The money is transferred by the state treasurer to the county treasurer, by him to the township or city treasurer, HOW TRANS- who, in turn, transmits it to the assessor of the FERRED. district (5039, 5030). Primary money can be used for no other purpose than the payment of the wages of legally qualified teachers HOW USED. (5063), and only by districts in which five months * Note.— This fund lias been fully discussed in Chapter "VIII. OF MICHIGAN". 85 of school were maintained during the school year ending the first of September just preceding (Act 15, 1895). One-Mill Tax. The supervisor assesses upon the taxable property of his township one mill upon each dollar of valuation, RAISED. ^^^ reports the aggregate valuation of each dis- trict to the township clerk, who reports said amount to the director of each school district in his township, or to the director of any fractional scljool district a portion of which may be located in the township, before the first day of September of each year; and all moneys so raised are appor- tioned by the township clerk to the district in which it was raised. All money collected by virtue of this law during the year on any property not included in any organized UNORGANIZED dlstrlct, or in districts not having, during the pre- DisTRicTs. vious school year, three months' school in districts of less than thirty children, or five months' school in districts of thirty and less than eight hundred children, or nine months' school in districts of eight hundred or more children, as shown by the last school census, is apportioned to the several other school districts of said township, in the same manner as the primary school interest fund. All moneys accruing from the the one-mill tax in any township, before any district shall have a legal school therein, belongs to the districts in which it was raised, when they shall severally have had a three months' school by a qualified teacher (5091). The voters of the district have authority to appropriate any surplus moneys arising from the one-mill tax, MONEYS. after having maintained a school in the district at least eight months in the school year, for the pur- pose of purchasing and enlarging school sites, or for building or repairing school houses, or for purchasing books for library, 86 SCHOOL LAW globes, maps, and other school apparatus, or for any incidental expenses of the school (5052). District Taxes. ^ These are moneys which are voted by the qualified voters of the district for general school purposes. The student is re- ferred to that part of this book which relates to the powers of voters at district meetings for information concerning the raising of money by vote of the district. After a tax has been voted, it is the duty of the supervisor to assess the taxes chargeable against each district, LECTED. ' upon the taxable property of the district, and to place the same on the township assessment roll in the column for school taxes; and the same is collected and re- turned by the township treasurer in the same manner as town- ship taxes. If any taxes provided for by law for school pur- poses are not assessed at the proper time, the same are assessed in the succeeding year (5090). Surplus Dog Tax. The statutes provide for an annual tax of one dollar upon every male dog and of three dollars upon every female dog. The money thus obtained constitutes a fund for the payment of damages sustained by owners of sheep, by reason of having sheep killed or injured by dogs. If money remains of such fund (after satisfactory payment of all claims aforesaid in any one year) over and ment!^'°''" above the sum of one hundred dollars, it is appor- tioned among the several school districts of such township or city, in proportion to the number of children therein of school age. The apportionment must be based upon the whole number of children of school age residing in the township and must include all districts whether lying wholly or partly in such township. In case of a fractional district in OP MICHIGAN. 87 which the school-house is situated in a different township, the money belonging to such district must be paid over to the treasurer of the township in which the school house is situated, and by that treasurer paid to the district in the same way as in the case of the one-mill and other taxes (2128). Tuition. All persons above five years of age who are residents of any school district, have an equal right to attend any pupiLsr^ public school in the district. No separate school can be maintained at public expense for any per- son on account of race and color (5070). Persons who are more than twenty years of age are not barred from the priv- ileges of school,and no tuition should be charged to such persons. Resident pupils should have an equal right to all the benefits of the school, and should be allowed to study any branch in any grade to 'which they belong, without paying tuition (Att'y Gen'l, November 17, 1891). The board of education has authority to determine the grada- tion and classification of pupils, and may prescribe cArfori'^oF the particular department or building where cer- pupiLs. tain pupils shall attend. The district board may admit non-resident pupils, and shall determine the rate of tuition of the same, which dentVupils. tuition shall not exceed fifteen per cent, more than the average cost per capita for resident pupils. (Act 131, 1895). It is sometimes supposed that the voters of the district meeting have power to exclude non-resident pupils, but this power rests entirely with the school board. Non-residents who pay a school tax in a district, are entitled to have the amount of such tax credited on their dent'tax- tuition and are required to pay tuition only when PAYERS. the amount of such tuition exceeds the school tax. (Act 21, 1891). 88 SCHOOL LAW The rate of tuition to be charged foreign pupils, must be fixed by a resolution of the board, which must be TumoN. duly entered in the record of the district. Charges for tuition can not be collected in the absence of any resolution fixing the rate (35 Mich., 483). . Where a party resides in one district and rents a farm in another, he is not entitled to send his children of'far'ms ^^ ^^^ district school in which he rents the farm (Att'y Gen'l, Sept. 16, 1893). Children in alms houses at county expense must be ad- iNDiGENT mitted to the schools of the district, the county CHILDREN. paying the tuition (Act 131, 1895). Under the various provisions of the school law, the authority of a district to vote a tax upon its inhabitants is onuTHOR-^ carefully limited; and there is no law authorizing iTY. a district to assess a tax to educate its children outside of the district (Att'y Gen'l, Oct. 16, 1891). OF MICHIGAN. 89 CHAPTER X. MISCELLANEOUS PROVISIONS. Introduction of tlie Kindergarten. In addition to the duties imposed by law upon district boards in this state, they are also empowered to provide suitable rooms or apartments for kindergarten work, and to supply their districts with the necessary apparatus and appliances for the instruction of children in what is known as the kindergarten method. In the employment of teachers it is competent for district boards to require qualifications for instruction of TtACHERs. children in kindergarten methods. They may provide by contract with teachers for such instruc- tion, specifying the hours and times therefor under such rules as the district board may prescribe. All children residing within the district between the ages of four and seven are entitled to instruction in the WHO ARE EN- TITLED TO ITS kindergarten department. This act is applicable ^'^^^^ to every public school organized by special act or by charter (Act 119, 1891). Necessary Appendages. The director of the district is authorized by law ofdi'r'ector. to provide necessary appendages for the school house and to keep the same in good condition and repair during the time of school (5073). In this duty the direc- tor is independent of the vote of the district meeting, yet there has been much controversy as to where the authority of the 90 SCHOOL LAW director ends, or what he may purchase without the consent of the district. To settle this question so far as a few of the more needful pieces of apparatus are concerned, the legislature WHAT ARE 'CD NECESSARY of 1895 made an amendment to the section above APPENDAGES. j.gfgj.j.g(j to. It reads as follows: Necessary ap- pendages within the meaning of the law, shall consist of the following articles, to wit: a set of wall maps (the grand divis- ions, the United States, and Michigan) not exceeding twelve dollars in price; a globe not exceeding eight dollars; a diction- ary not exceeding ten dollars (Act 258, 1895); a reading chart not exceeding five dollars, and a case for library books not exceeding ten dollars; also looking-glass, comb, towel, water- pail, cup, ash-pail, poker, stove, shovel, broom, dustpan, duster, wash-basin, and soap (Act 15, 1895). It must not be supposed that only the articles mentioned in the law of 1895 should be considered as necessary apparatus such as the director has the right to purchase. Numerous decisions have been filed which show that directors have power to provide other useful ap- pliances without obtaining authority from the district meeting. * The word " appendage " as used in our school statutes, does not mean simply the school apparatus used inside the building, nor is it limited to such articles as brooms, pails, cups, etc.; but it must be construed in a broader sense, to include fuel, fences, and necessary out-houses (62 Mich. , 101). Desks are necessary appliances (48 Mich., 404; Attorney General, July 31, 1877). United States Flag. While a flag for a school house may be considered as a " necessary appendage " within the meaning of the school law^ we give under separate heading, the whole of Act No. 56 of the * Note.— For decisions relative to the purchase of charts by the direc- tor see 36 Mich., 404 and 94 Mich., 263. OF MICHIGAN. 91 Laws of 1895, the passage of which was advocated by the members of the Grand Army of the Republic of the state: An act to provide for the purchase and display of United States flags in connection with the public school buildings within this state: Section 1. The People of the State of Michigan enact, That the board of education or the board of school trustees in the several cities, townships, villages, and school districts of this state shall purchase a United States flag, of a size not less than four feet two inches by eight feet, and made of good flag bunt- ing "A," flag staff, and the necessary appliances therefor, and shall display said flag upon or near the public school building during school hours, and at such other times as to the said boards may seem proper; and that the necessary funds to defray the expenses to be incurred herein shall be assessed and collected in the same manner as moneys for public school pur- poses are assessed and collected by law. School Census. The school age in Michigan is from five to twenty years and the age of compulsory education from eight to * " ^ ■ fourteen, except in cities under police regulation where the compulsory age is from seven to sixteen. It is the duty of the director or such other person as the board may appoint, to take a census of the district during the ten days just jDrevious to the first Monday of September in each year (5074). This is one of the important duties of school officers, and it is essential that the census be taken in aU dis- tricts of the state at the same time (5046). From the census reports of September, is made the distribution of primary school moneys in May and November of the next year. Children in almshouses, prisons, or asylums, are not included in the census; ^or are Indian children, unless EXCLUDED. their parents are liable to pay taxes in the dis- trict. 93 SCHOOL LAW The correctness of the census must be verified by the oath or affirmation of the person taking the same, and a copy sent to the Superintendent of Public In- struction. MUST BE VERIFIED Penalties and Forfeitures. The law is very explicit in stating the powers and duties of all individuals connected with our school affairs, and is equally explicit in regard to the treatment of any one who seems re- gardless of the welfare of our schools. Below is a list of the various penalties and forfeitures.* DISTURBING OF DISTRICT MEETING, If at a district meeting any person shall conduct himself in a disorderly manner and, after notice from the person presid- ing, shall persist therein, the chairman may order him to with- draw and, if he refuses, may order any constable or other person, to take him into custody until the meeting adjourns; and any person who refuses to withdraw on being so ordered, and also any person who wilfully disturbs such meeting by rude and indecent behavior, or by profane or in- w"hdraw° decent discourse or any other disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. Any justice of the peace, recorder, or police justice of the township, ward, or city where such offense shall be committed, shall have juris- diction to try and determine the same (5051). DISTURBING A SCHOOL. Any person who disturbs school by rude and indecent behavior, or by profane or indecent discourse or any other disturbance, shall, on conviction thereof, be punished by a fine not less than ♦Note.— For penalty on parents or guardians, see Chapter VII. on compulsory attendance. OF MICHIGAN-. 93 two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days (5069). NEGLIGENT OFFICIALS. Any taxable inhabitant of a newly formed district receiving the notice of the first meeting, who neglects or re- ^N HABITANT, fuscs to serve and return such notice, and every chairman of the first district meeting, who wil- fully neglects or refuses to perform the duties enjoined on him, shall respectively forfeit the sum of five dollars (5163). Any person duly elected to the ofiice of moderator, director, assessor, or trustee of a school district, who neg- oF^TcER^ lects or refuses without sufficient cause to accept and serve, or who, having entered upon the duties of his office, neglects or refuses to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dol- lars (5164). Any person duly elected or appointed a school inspector, who neglects or refuses without sufficient cause to INSPECTOR. qualify and serve, or who, having entered upon the duties of his office, neglects or refuses to per- form any duty required of him by virtue of his office, shall forfeit the sum of ten dollars (5165). If any board of school inspectors neglect or refuse to make and deliver to the township clerk the annual rNSPECTORs. report, within the limited time, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, to be recovered by the township treasurer in the name of the township; and if any township clerk neglects or refuses to transmit the report herein men- tioned within the limited time, he shall be liable to pay the full amount lost by such neglect or refusal, with interest thereon (5166). Any county clerk who neglects or refuses to transmit to the 94 SCHOOL LAW Superintendent of Public Instruction the required CLERK ^ reports, within the limited time, shall be liable to pay to each township the full amount which such township or school district shall lose by such neglect or refusal, with interest thereon (5167). Any township clerk who neglects or refuses to certify to the supervisor any school district taxes that have been TOWNSHIP . J J. u- J ■ -i* 11 CLERK AND rcported to him, and any supervisor wilfully SUPERVISOR, jiggigcting to assess any such tax, shall be liable to any district for any damage occasioned thereby, to be recov- ered by the assessor in the name of the district (5169). No school officer, superintendent, or teacher shall act as agent for any author, publisher, or seller of school OFFICERS AND books, or shall directly or indirectly receive any TEACHERS. ^^^^ ^^ reward for his influence in recommending the purchase or use of any library or school apparatus or fur- niture; nor shall any school officer be personally interested in any way whatever in any contract with the district in which he may hold office. Any act or neglect herein prohibited, performed by any such officer, superintendent, or teacher, shall be deemed a misdemeanor (5170). 8afe Keeping of Public Moneys. All moneys which come into the hands of any school officer, pursuant to any provision of law authorizing such PUBLIC officer to receive the same, are denominated pub- '"°'^"^^- lie moneys. It is the duty of every officer charged with the receivingj keeping, or disbursing of public moneys, to keep HOW KEPT. ^YiQ same separate and apart from his own money, and not to commingle the same with his own money nor with any other money. No such officer shall, under any pretext, use or allow to be OF MICHIGAN. 95 used, any such moneys for any purpose other than in accordance with the provisions of law; nor shall he use the same for his own private use, nor loan the same without legal authority. In all cases where public moneys are authorized to be deposited in any bank or to be loaned for interest, AccRumG. the interest accruing belongs to and constitutes a general fund. In no case shall any such officer, directly or indirectly, re- DEPosiT ceive any pecuniary or valuable consideration as OF PUBLIC an inducement for the deposit of any public MONEYS. moneys with any particular bank, person, firm, or corporation. These provisions apply to all deputies, clerks, agents and servants of such officers, and any person guilty of vkTlation.*"' ^ violation of this law shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act contained shall prevent a prosecution under the general statute for em- bezzlement, in cases where the facts warrant a prosecution under such general statute. Any officer who wilfully or corruptly draws or issues any warrant, order, or certificate for the payment of ordeVs. money in excess of the amount authorized by law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor and may be punished as stated above. Indebtedness and Expenses. By wise provisions of law the expenses of districts for pur- chasing properly, building houses, and maintaining schools is carefully restricted so that districts may not become unduly burdened. 96 SCHOOL LAW BONDED INDEBTEDNESS. Any school district may, by a two-thirds vote of the quali- fied electors present at any annual meeting or a special meeting called for that purpose, borrow money, and may issue bonds of the district to pay for a school-house site or sites, and to erect and furnish school buildings. Districts having less than thirty children may have an in- debtedness not to exceed three hundred dollars; AMOUNT. districts having thirty children, five hundred dol- lars; districts having fifty children, one thousand dollars; districts having seventy -five children, two thousand dol- lars (Act 4, 1893); districts having one hundred children, three thousand dollars; districts having one hundred and twenty-five children and an assessed valuation of not less than one hun- dred and fifty thousand dollars, five thousand dollars; districts having two hundred children, eight thousand dollars; districts having three hundred children, fifteen thousand dollars; dis- tricts having four hundred children, twenty thousand dollars; districts having five hundred children, twenty-five thousand dollars; and districts having eight hundred children or more, thirty thousand dollars. All children mentioned in this section must be of legal school TIME age, and the indebtedness of a district shall in no '■'""'^' case extend beyond ten years for money borrowed. In all proceedings under this section, the director, assessor, and one person appointed by the district board con- BALLOT^ stitutes a board of inspection, who shall cause a poll-list to be kept and a suitable ballot-box to be used, which shall be kept open two hours. The vote must be by ballot and canvassed in the same manner as votes at town- ship elections (5103). TAXATION. One of the powers of the district meeting is the voting of OF MICHIGAIS". 97 taxes for the building of school houses and the AMOUNT FOR ° PURCHASING running expenses of school. The amount of taxes OR BUILDING. ^^ ^^^ ralsed in any district for the purpose of pur- chasing or building a school house or houses in the same year that any bonded indebtedness is incurred, shall not exceed in districts containing less than ten children of school age, two hundred and fifty dollars; in districts having between ten and thirty children, five hundred dollars; and in districts having between thirty and fifty children, one thousand dollars. No legal subdivision of land shall be taxed for building a school house, unless some portion thereof shall be within two and one- half miles of the school house site (5052). The tax authorized to be raised for general school expenses, must not exceed one-half the amount authorized FOR GENERAL SCHOOL PUR- to be raised for building. In the estimates made POSES. i^y (j}g{;j,j(,^ boards of districts having less than thirty pupils, such estimate, including the district's share of the primary school interest fund and one-mill tax, shall not exceed the sum of fifty dollars a month for the period during which school is held in such district. In township districts the amount voted for purchasing school lots and for erecting school houses, shall not be greater than three mills on the dollar of all the taxable valuation of the real and personal property in said township (Act 176, 1891). Suits and Judgments Against Districts. Justices of the peace have jurisdiction in cases against school districts, when the amount claimed or JURISDICTION, jjjatter in controversy does not exceed one hun- dred dollars (5107). When any suit is brought against a school district, it must be commenced by summons, a copy of which shall menc'ed'!"' be left with the assessor of the district at least eight days before the return day (5108). 7 98 SCHOOL LAW No execution shall issue on any judgment against a school district, nor shall any suit be brought thereon; but cut"n' *^^ same shall be collected in the manner pre- scribed in this act (5109). "Whenever any final judgment shall be obtained against a school district, the assessor of the district shall JUDGMENT. certify to the supervisor of the township and to the director of the district, the date and amount of such' judgment, with the name of the person in whose favor the same was rendered (5110). If the assessor fails to certify the judgment, it is lawful for the party obtaining the same to file with the TO CERTIFY supcrvlsor the certificate of the justice or clerk of JUDGMENT. ^j^g court, rendering the judgment showing the facts which should have been certified by the assessor (5111). The supervisor receiving either of the certificates of a judg- ment, shall proceed to assess upon the taxable OF a^moiTnt.^ property of the district, the amount with interest from the date of the judgment to the time when the warrant for the collection will expire, placing the same on the next township assessment roll in the column for school taxes; and the same proceedings shall be had, and the same shall be collected and returned, in the same manner as other district taxes (5112). School House Sites. The qualified voters of any school district, when lawfully assembled, may designate by a vote of two-thirds of*s*te°'^ of those present such number of sites as may be desired for school-houses, and may change the same by a similar vote at any annual meeting. When no site can be established by such inhabitants, the school inspectors of the township or townships in which the district is situated determine where such site shall be; and their determination OP MICHIGAN". 99 shall be certified to the director of the district and shall be final, subject to alteration afterward by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site, at a district meeting lawfully called (5118). Whenever a site for a school house shall be designated, de- termined, or established in any manner provided BE ° "I'd. ^° by law, and such district shall be u.nable to agree with the owner or owners upon the compensation to be paid, or in case such district shall, by reason of any im- perfection in the title to said site, arising either from break in the chain of title, tax sale, mortgages, levies, or any other cause, be unable to procure a perfect, unincumbered title, the district board of such district shall authorize one or more of its members to apply to the circuit judge, circuit court com- missioner, or any justice of the peace of the city or township in which such school district is situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site. The application must be in writing, state the necessity for using the same for school purposes, and describe the real estate in question (5115). 8uspe7ision of Pupils. District boards have authority to make and enforce suitable rules for the government and management of VESTED IN schools and the care of district property. Just ^o*""- what shall be considered suitable rules, must necessarily be left to the discretion of the board. Said board may authorize or order the suspension or expulsion from the school, whenever in its judgment the interests of the school demand it, of any pupil guilty of gross misdemeanor or per- sistent disobedience (5069). 100 SCHOOL LAW It will be observed that the power to suspend pupils, if pos- sessed by the teacher, must be delegated to him by BE* ELEGATED ^^^ board. It sometimes occurs that teachers feel TO TEACHER, obliged to suspend a pupil before the board can be advised with. Such suspension should be for the day only (45 Wis., 150; 32 Vt. , 224; 48 Cal., 36; 133 Mass., 103). Some courts have held that, in extraordinary cases, a teacher may expel a pupil in order to maintain proper control; and that, in case the board reinstates the pupil who becomes a menace to the proper discipline of the school, the teacher may quit the school and maintain an action for the amount of his wages (46 Vt., 452; 27 Vt. , 755). Generally, the power to suspend rests with the board alone. The rules of the board should not be unjust and require more than can legally be enforced. Suspension should RULES MUST , , *^ . ., , „ , BE REASON- bc a last resort. A pupil cannot be expelled or *°'"^" suspended for a careless act, no matter how negli- gent, if it is not wilful or malicious (77 Mich. , 605). Method of Voting. The method of voting at district meetings, as well as the majority required, depends upon the question under discussion. Though referred to in Chapter IV, we herewith append a sum- mary as follows: VOTING BY BALLOT. This is necessary in the following cases: 1. To elect all school officers (5053, 5132). 2. To bond the district (5103). A TWO-THIRDS VOTE.* At district meetings this is requisite as follows: *NoTE. — A measure requiring a two-thirds vote of a district meeting cannot after adoption be rescinded by a mere majority vote (10 N. W. 349. See 47 Mich. 326.) OF MICHIGAIT. 101 1. To authorize the district board to use money for any other purpose than that for which it was raised (5063), 2. To raise money by issuing bonds (5103). 3. To designate sites for school houses (5114). 4. To request inspectors to alter location of school site (5114). 5. To organize as a graded school district (5138). 6. To unite two districts into one graded district (5135). 7. To change from graded district to primary district (Act 84, 1891). 8. To establish a district library (Act 158, 1893). Course of Study. The arrangement of a course of study for the schools of the district is within the iurisdiction of the school STUDIES NOT •' SPECIFIED board. The law is not very explicit as to what *■ studies shall be included in established courses. Act No. 147 of the Laws of 1889, and Act No. 147 of the Laws of 1891, contain a mention of certain branches of study; and the law for the establishment of graded schools provides for high schools: but district boards must decide what branches shall be pursued in the schools of their districts. Having fixed a course of study, the board may require teachers and pupils to follow the same within reasonable limits. Music may be included in the adopted course of study of a public BE INCLUDED, school, aud necessary apparatus for teaching music may be purchased without a vote of the district (67 Mich. 262). Sectarian instruction is abolished from all public schools (5063); and, while the reading of OF BmLE. ^^^ bible may properly become a part of the daily program of the public school,the comment thereon by the teacher should be of such a character that pupils and parents of all religious faiths may not detect the slightest traces of sectarian prejudice. (35 Wis. 59; 79 111. 567; 87 111. 303; 38 Me. 379; 95 111. 263; 23 Ohio, 211). 102 SCHOOL LAW REVIEW QUESTIONS. In answering some of the following questions the student will be obliged to consult Howell's Annotated Statutes, Report of the Superintendent of Public Instruction for 1894, and the Legislative Manual. 1. By whom are school districts formed and numbered ? 3. What are specific taxes ? 3. What is meant by a fractional district ? 4. How are vacancies in state offices filled ? 5. How is the primary school fund raised ? 6. About how much money is apportioned in each year among the school districts of the state ? 7. Should all instruction in our public schools be given in the English language ? 8. What is done with lands which escheat to the state from a defect of heirs? 9. How many months of school must be maintained during a school year to entitle districts to primary school money ? 10. How many members compose the board of regents of the state university ? 11. What is the length of a regent's term of office ? 12. Who is president of the university ? 13. Is the president of the university a member of the board of regents ? 14. Of how many members is the state board of education composed ? 15. What is the length of the term of office of a member of the board of education? 16. What is the salary of the Superintendent of Public Instruction ? 17. Of what state boards is the superintendent a member ? 18. What provision was made in the constitution for the establish- ment of an agricultural college ? 19. Mention some of the duties of the Superintendent of Public In- struction ? OF MICHIGAN. 103 20. To whom does the law require the printed school laws to be fur- nished ? 21. On what dates is the apportionment of primary school money made? 23. What is the legal school age in the state ? 23. For what reasons may the state superintendent cause a school district to forfeit public money ? 24. Who makes statements for the distribution of library funds ? 25. What compensation is allowed to members of the state board of education ? 26. Where are the state normal schools located ? 27. Are state normal school diplomas legal certificates to teach ? 28. How many state examinations are held in each year? 29. How may certificates granted in other states be made valid in this state? 30. Are holders of diplomas from Michigan colleges legal' y qualified to teach ? 31. How many members in the county board of examiners? 32. When is the commissioner chosen and for how long ? 33. What is the salary of commissioner in the various counties of the state ? 34. What amount must be named in the commissioner's bond ? 35. What is required of commissioner before he receives an order for his salary? 36. What qualifications are required of persons who are eligible to hold the office of commissioner? 37. How are vacancies in the office of commissioner filled ? 38. How are vacancies in the office of examiner filled ? 39. Is an examiner authorized by law to grant a special teacher's certificate ? 40. By whom are assistant visitors of schools appointed ? 41. What compensation do assistant visitors receive ? 42. Mention six of the principal duties of the commissioner. 43. Have members of examining boards the legal right to engage la summer normal school work ? 44. How is the commissioner limited in office expenses ? 45. Can an examiner be elected by a plurality vote ? 46. What compensation does an examiner receive ? 47. Of how many members is the township board of inspectors com- posed ? 48. What school offices may be held by women ? 49. With whom are the triplicate annual reports of the inspectors filed? 104 SCHOOL LAW 50. Mention some of the information that must be contained in the inspector's annual reports. 51. Give some of the school duties of the township clerk. 52. How is the number of meetings of the board of inspectors limited ? 53. What compensation is allowed to school inspectors ? 54. What yearly salary does the clerk of the Upper Peninsula town- ship district receive ? 55. What is the maximum size of primary school districts ? 56. Have the inspectors authority to change the boundaries of a school district which has been organized by special legislative enact- ment ? 57. By whom are changes in the boundaries of fractional districts made? 58. When may a school district be said to be legally organized ? 59. How many days notice must be given of a meeting to change baundaries of a school district ? 60. How many notices must be posted for change of boundaries ? 61. How may two or more primary districts be consolidated ? 63. How may a district be divided into two or more districts ? 63. Have the inspectors the right to destroy a district by detaching its territory ? 64. How may a primary district organize into a graded district ? 65. Under what conditions may inspectors make an alteration in the boundaries of a graded district ? 66. How may two primary districts organize into one graded dis- trict ? 67. May a graded district change to a primary district ? 68. How many township school districts are there in Michigan ? 69. How many primary districts ? 70. How many graded districts ? 71. In the Upper Peninsula, how are township districts organized ? 73. Of how many members is a township board of education com- posed ? 73. Mention several of the advantages of the township system over the district system, 74. What are some of the reasons why the township should not be the unit in school matters. 75. Has the township system been successfully tried in other states ? If so, where ? 76. Is the township system unpopular in states where it has been established ? If so, in what states ? 77. What is the date of the annual school meeting ? OF MICHIGAN. 105 78. When and how are the members of township boards of education elected ? 79. What is the time of taking the annual census of school children in all the districts of the state ? 80. How may special school meetings be called ? 81. How many days' notice must be given for all district meetings ? 82. Has the district board the authority to determine the number of months of school to be taught in the district during the year ? 83. Can a board of supervisors legally appoint one of their own num- ber as member of the board of examiners ? 84. What must be included in all notices of special school meetings ? 85. What is the date of the annual school meeting in township dis- tricts of the Upper Peninsula ? 86. Have the voters or the district board the authority to determine whether the school shall be taught by a male oi a female teacher ? 87. Have the voters or the district board the authority to determine the maximum salary that shall be paid to teachers ? 88. Have the voters or the district board the authority to admit non- resident pupils? 89. Who selects school house sites, the school board or the voters ? 90. What is the highest amount of money for sites or building pur- poses, that can be raised by taxation in any one year in districts having ten children of school age ? Thirty children ? Five hundred children ? 91. How is the tax for repairs and apparatus limited ? 93. What is the minimum number of months required to be taught in districts having 800 children ? 93. What is the minimum number of months required in all dis- tricts ? 9t. What is the penalty on districts whose officers do not provide for the required number of months of school ? 95. For what purposes may the surplus of the one-mill tax be appro- priated ? 96. Who are legal voters at school meetings ? 97. In what districts are women barred from voting ? 98. How many trustees in the district board of graded school dis- tricts ? 99. How many children of school age must a district contain to be organized into a graded district ? 100. How many votes at a district meeting are required to change to a graded district ? 101. How may a person who is not a legally qualified voter in the dis- trict, be prevented from voting if he offers to do so ? 102. If a vote is not taken by ballot, how may voters be challenged ? 106 SCHOOL LAW 103. How may a disorderly person be expelled from a district meeting? 104. What penalty may be inflicted upon a person for disturbing a district meeting ? 105. What officers are elected at the first school meeting of a newly organized school district ? 106. What is the length of the term of office of school officers ? 107. Are school officers legally elected, if chosen in any other way than by ballot ? 108. Is a plurality vote sufficient to elect a school officer ? 109. How may meetings of the district board be called ? 110. What persons are eligible to hold a district office ? 111. Within what time and in what manner must district officers accept their offices ? 113. State seven ways by which a district office may become vacant ? 113. Does the temporary absence of a district officer from a district create a vacancy ? 114. When one of the district offices becomes vacant, how may such vacancy be filled ? 115. When two of the district offices become vacant, how filled ? 116. How are vacancies filled after an office has been vacant more than twenty days ? 117. How long does a person who is elected to fill a vacancy, serve ? 118. How are vacancies in the board of education of graded or town- ship districts filled ? 119. Upon what condition may a district board borrow money ? 120. When must the report of the district board to the township clerk be made ? 131. How is district taxation in districts having less than thirty children limited ? 133. Who has the authority to admit or exclude public meetings from the school house, the school board or the voters ? 133. Who determines the kind of text-books that shall be used in the district ? 134. How long do text-books once adopted continue to be the legal text-books of the district ? 125. How may indigent children be supplied with text-books ? 136. For what reason may pupils be expelled or suspended from school? 127. What tuition may be charged to non-resident pupils ? 138, What is the minimum legal size of school flags. 139. How are the executive officers of a graded district chosen ? 130. How are the township district trustees chosen and how long do they serve ? OF MICHIGAN". 107 131. Who acts as president of the township school hoard ? As clerk ? 133. What bond is required of the treasurer of township school dis- tricts ? 133. On what dates are the regular meetings of the township school hoard held ? 134. Where are such meetings held ? 135. Mention some of the powers and duties of the officers of town- ship districts ? 136. What officer appears for the district in suits brought for or against the same ? 137. What officer appears for the district in suits brought against the assessor ? 138. Mention several of the specific duties of the director of a primary school district. Of moderator. Of assessor. 139. On what dates are the two required regular public examination of teachers held ? 140. On what dates are the two optional regular examinations held ? 141. On what dates may extra public examinations be held in certain large counties ? 143. What counties are entitled to three extra examinations ? Two ? One? 143. What branches of study are required in examinations for first grade certificates ? Second ? Third ? State ? 144. By whom must all county certificates be signed ? 145. Is the holder of a third grade certificate of class B legally qualified to teach in primary departments of graded schools ? 146. Is the holder of a third grade certificate of class A legally qualified to teach in ordinary district schools of eight grades ? 147. How is the number of third grade certificates of class B limited ? 148. By whom are questions for teacher's examinations prepared ? 149. Who fixes the standard of examinations for county certificates ? 150. By whom are special certificates granted ? 151. For how long are special certificates granted ? 152. What citizenship qualification is required of teachers ? 153. In your opinion what constitutes good moral character in a teacher ? 154. Under what conditions may a teacher's certificate be renewed ? 1 55. What authority have examining boards for revoking certificates? 156. Must city teachers be legally qualified ? 157. What penalty is inflicted upon districts, if the officers employ teachers that are not holders of certificates ? 168. What colleges in this state heve courses of study which have been approved by the state hoard of education ? 108 SCHOOL LAW 159. What are the conditions under which the board of education grant certificates to college graduates ? 160. For how long are college certificates valid ? Do they ever he- come life certificates ? 161. Are diplomas granted by the faculty of the university, legal teacher's certificates ? 163. How many state examinations are held in each year ? What branches are required ? 163. For how long are state certificates valid ? 164. Are certificates or diplomas granted in other states valid in this state ? 165. What annual institute fee are teachers required to pay f Are any teachers exempt ? Who collects the fee ? 166. Who has the custody of the county institute fund ? 167. Who conducts institutes and who appoints institute instructors ? 168. May two or more counties unite in a teachers' institute ? 169. How much money may be drawn from the state treasury in any one year for the snpport of teachers' institutes ? 170. What is the largest sum that can be drawn from the state treasury for any one institute ? 171. How may a teachers' association become incorporated ? What amount of property may an association hold ? 173. By whom must a teacher's contract be signed ? 173. Mention some of the things that must be contained in a teacher's contract. 174. With whom must contracts be filed ? 175. Must teachers make up for time lost in the observance of legal holidays ? 176. What are the legal holidays in this state ? 177. When schools are closed by the district board on account of the prevalence of a contagious disease, must teachers lose the time ? 178. Are contracts made previous to the annual school meeting, valid ? 179. Can school boards legally make contracts two or three years in advance ? 180. Must all the officers sign teachers' contracts ? 181. What is the age of compulsory education in the primary and township districts of the state ? 183. What is the compulsory age in cities under police regulation ? 183. How many months in the year must all pupils between certain ages attend school ? 184. What pupils of the compulsory age are exempt from the provi- sions of the law for compulsory attendance ? or MICHIGAN. ^ 109 185. Who appoints the truant officer and what is the lowest compen- sation allowed him by law ? 186. In cities who selects the truant oflficer ? 187. What notice to parents are truant officers required to give ? 188. What penalty may be inflicted on parents who refuse to send their children to school ? 189. Can parents evade the compulsory law because of being too poor to buy text-books ? 190. In what city school districts may the board establish ungraded schools ? 191. What children are considered as juvenile disorderly persons ? 192. What courts have jurisdiction over truancy ? 193. Are superintendents required by law to assist the truant officer ? 194. What sentence may be imposed upon juvenile disorderly per- sons ? To what state institutions may they be sentenced ? 195. What officer must be consulted before sentence is passed upon a juvenile disorderly person ? 196. Does the constitution of the state provide for the establishment of libraries ? 197. Who are entitled to the privileges of the township library ? 198. Who has charge of the township library ? 199. Who is custodian of the funds belonging to the township library ? SOO. Where must the township library be kept ? 201. Who appoints the librarian ? 203. How may a district library be established ? 203. Who has charge of the district library ? 204. How are library funds raised ? 205. Under what conditions may a district or township forfeit library money ? 206. When and by whom is the library apportionment made ? 207. What amendment was made to the library law by the Legisla- ture of 1895 ? 208. May library moneys ever be used for other purposes ? 209. May district officers ever sell the books of the library ? 210. How many township libraries are there in Michigan ? 211. How many volumes in township libraries ? 213. How many district libraries in Michigan ? 213. How many volumes in district libraries ? 214. Has your township or district a library ? If so, in what condi- tion is it V 315. Under our state law, what is meant by free text-books ? 316. When was our free text-book law passed ? 110 SCHOOL LAW 317. What text-books may be purchased by school oflacers under the provisions of this law ? 318. By what vote of the district meeting may the purchase of free text books be authorized ? 319. May a district that has once voted to furnish free text-books, return to the former plan of requiring pupils to furnish their own books ? 320. What penalty may be inflicted upon school officers who refuse to obey the instructions of the district meeting as to the purchase of free text-books ? 831. How many districts in Michigan furnish free text-books ? 323. How, in your opinion, should text-books be supplied to pupils ? 323. Do you believe in state publication of text-books ? 234. What provision is made by law for the teaching of the modes by which dangerous diseases are spread ? 225. Who furnishes the printed matter to the schools ? 226. Who is the principal officer of the state board of health ? Where is his office ? 337. By whom is the state manual and course of study published ? Have you ever seen a copy of it ? 328. What is done with the surplus of the dog tax fund ? 329. Which section of each township was set apart as a "school " section ? 230. What are necessary appendages to a school house ? 331. Which officer is authorized to nrovide necessary apparatus ? 332. Should a dictionary be considered as a " necessary appendage " such as a director may purchase without a vote of the district ? 333. Select from the following list such articles as a director may purchase without the consent of the voters of the district meeting : maps, globe, organ, stove, desks, wall pictures, case for library books, towels, water-pail, books for library. 334. Are the following necessary appendages : line-fence, well, out- houses ? OF MICHIGAN. Ill INDEX. PAGES. Acceptance of office : filed with and recorded by director. 41 neglect to file vacates office 41 Accounts : of director 47 Action : against school district 54, 97 relative to obtaining site.. 99 Adjournment : of district meeting 34 Admi.-jsion of pupils : non-resident. 45, 47 to high school 47 to kindergarten 89 ^ge : school 51 at which education is com- pulsory 70 Agents for school books : officers, superintendents, and teachers not to act as 20,94 Agricultural school : to be provided, con. prov., art. xiii 9 Aliens : not eligibl e to office 41 Alteration : m boundaries of dis- tricts 26,39 Annual meetings : (See District meetings.) Annulment of certificates : by county board of exam- iners 59 by faculty of univeretty... 61 by state board of education 60 Appendages to school house : to be provided by di- rector 51,89 what are 90 . ^ PAGES. Appointment : of building committee 36 of commissioner in case of vacancy. 17 of conductor of teachers' institute 64 of deputy Supt. of Public Instruction H of deputy made by Supt. of Public Instruction, may be revoked 11 of district officers in case of vacancy of trustees 42 of first meeting of district. 24 of librarian of township li- brary 82 of member of board of ex- aminers in case of va- cancy. 21 of person to take school census 51,91 of regents in case of va- cancy, con. prov., art. xiii 8 of Supt. of Public Instruc- tion in case of vacancy, con. prov.. art. viii 7 of truant officer 71 Apportionment : of library moneys 83 of primary school fund, con prov., art. xiii 7 to districts by township clerk 23 duty of Supt. of Public In- struction. 12,84 Assessment of taxes : (See Taxes.) Assessor : acceptance of office 41 a member of district board 40, 46 113 SCHOOL LAW PAGES. ABsessoT— Continued: a member of board of in- spection at election to vote bonds 96 and m.oderator to audit di- rector's accounts 51 bond required 53 penalty for neglecting duties 93 summons to be served on, insuits 97 to appear for district in suits - 54 to certify judgment against district to super- visor 98 to deliver to successor all books, etc., belonging to district 54 to keep record of receipts and expenditures 53 to pay orders, legally drawn 53 to report receipts and ex- penditures to district board 53 Associations : teachers may form 66 Asylums : for deaf, dumb, blind, and insane, con. prov., Art. xiii.. 9 Ballot : election of oflScers to be by. vote on issuance of bonds to be by voting by Blind : institutions for, con. prov., Art. xiii Board, district : (See District board ) Board of education : (See State board of educa- tion.) Board of education of graded schools : how elected and term of office 46, meetingsof ' of township districts '. organization of powers and duties 46, 50 Board of inspection : at election to vote on issu- ance of bonds 49 „ , . ^ PAGES. Boara of regents : of university, con. prov., art. xiii g Board of school examiners : (See County board of school examiners.) Board of school inspectors : (See Township board of school inspectors.) Board of trustees in graded school districts : election and term of office of 48 officers of 43 meetingsof 49 powers and duties of 50 vacancy in, how filled.. 42 Boards : when authorized to exam- ine teachers, to collect fees 63 Bond: of assessor 53 of county commissioner of schools 16 Bonds : district vote on issuance ,.of 96,100 limitation of amount 96 time limit of 96 vote for by ballot 96, 100 Books of record : (See Records.) Books, school : (See Text books.) Boundaries of districts : alterations in 26, 29 described in first notice 24 township clerk to give no- tice of change , 27 Building committee: voters may appoint 36 Census of school districts : when and how taken. .32, 51, 91 Certificate: of inspectors establishing site 98 of instruction in physiology to be filed by teacher 45 filed by director with township clerk 45 of township clerk of dis- trict taxes 23 OF MICHIGAN". 113 PAGES Certificates of qualification to teachers : college, granted by state boarii of education 60 fee to be paid on obtainiDg. 63 from other states, endorsed by state board of educa- tion 6a giyen by county board of examiners 55 given by city board 59 given by faculty of univer- sity 61 given by state board of ed- ucation 15, 63 grades of and requisite qualifications to obtain. 55-63 holder of must be citizen of United States 58 holder of must be of good moral character 58 indorsement by Supt. of Publiclnstruction - 56 list of teachers having ...18, 63 record to be kept by county commissioner of schools 18 renewal by board of exam- iners 58 revocation or suspension of 18, 59, 61, 63 signed by commissioner and one examiner 56 two classes of third grade. 57 Chairman : of board of school in- spectors 21 of board of school in- spectors has supervision of schools 31 of first meeting of dis- trict 34, 93 of meeting may arrest dis- orderly person 93 to give bond 21 to give oath to challenged voter 39 Challenge : of voter at district meeting 39 Children : census list of 51, 91 compulsory education of.. 70 duties of truant officer with respect to 71 entitled to attend kinder- garten 89 indigent, tuition of 88 PAGES. Citizen of United States : teacher must be 58 Clerk : of board of school in- spectors 21 of district, director to be.. 50 of township. (See Town- ship clerk.) Collection : of damages for not report- ing and assessing l axes.. 94 of fines for injuring books. 81 of institute fees from teachers 62 of judgments against dis- trict 97 of penalties, etc 92 of taxes 78 Committee on building : voters may appoint 36 Compensation : for site, determined by jury 99 of members of county board of school exam- iners 20 of board of education 14 of county commissioners.. 16 Compulsory education : age at which compulsory. . 70 length of time to attend school 70 who are truants under thisact 73 Conductor : of teachers' institutes 64 Consolidation of districts : (See School districts.) Constitutional provisions : agricultural school, art. xiii 9 districts may be deprived of public money, art. xiii 8 , escheats of land to the state, art xiii 8 free schools to be main- tained, art. xiii S institutions for deaf, dumb, blind, and insane, art. xiii 9 libraries to be provided, art. xiii 10 number months of school maintained, art. xiii 8 regents of the university, art. xiii 8 114 SCHOOL LAW Pages. Constitutional provisions— Cont'd; school funds, art. xiii 7, 8 specific taxes, art. xiv 10 state board of education, art.xlii 9 Supt. of Public Instruc- tion, art. viii 7 Supt. of Public Instruc- tion, term of office, art. viii 7 Supt. of Public Instruc- tion, vacancy in office, how filled, art. viii 7 Supt. of Public Instruc- tion, where to keep office 7 Contract : with teachers 44, 47, 51, 55, 66 Corporal punishment : supreme court decisions.. 69 Corporate powers : of teachers' associations.. 66 County board of school ex- aminers : compensation of mem- bers 16,20 duties of county commis- sioner ...18-20 election and term of office of 16,20 eligibility of... 20 how appointed 20 schedule of meetings for examinations to be pub- lished 18 vacancies in board, how filled 17,21 shall assist at examina tions 21 County clerk : duties in relation to appor- tionment of moneys 83,84 duties in relation to county commissioner 16 duties in relation to insti- tute moneys -, 64 examination of candidates for admission to 18 neglect of duty 93 County commissioner of schools: act as assistant institute conductor 19 certificates, keep record of 18,63 counsel with teachers 19 duties of 18, 19 examinations, hold 18, 55 Pages. County comm'r of schools— Cont'd; examinations, keep record of 18 examinations, prepare schedule of 18 file acceptance of office and bond 16 receive annual reports 19 receive in stitute fees 18 receive instructions from Supt. of Public Instruc- tion 19 County institute : (See Teachers' institute.) County treasurer: apportion library money 8.82,83 pay teachers' institute fund on order of clerk 64 statements of apportion- ment filed with 84 set apart institute fees as institute fund 63 vouchers for payment at teachers institute filed with 65 Course of study : to be prescribed for schools 101 Crimes and offenses : disturbing district meeting 92 disturbing school 93 illegal use of moneys 95 Deaf, dumb, and blind : institutions for, con. prov., art. xiii 9 Delivery of books, etc., to suc- cessor in office : by assessor of district 54 by Supt. of Public Instruc- tion.. 14 Deputy Supt. of Public Instruc- tion : appointment and duties of 11 Diplomas : to graduates of state nor- malschooL. 15 Director : acceptance of office 41 a member of district board 40, 46, 50 a member of board of in- spection at election to issue bonds 96 and moderator to approve bond of assessor 53 draw and sign contracts with teachers 51 OF MICHIGAIS". 115 T^- X ^ Pages. Director— Continued: drawB and sign warrants and orders 50 election and term of office 40 give notice of meetings 50 liave custody of school house and property 44 of fractional districts, to whom to report 52 penalty for neglect of duties 93 reports of to be filed with township clerk 51 to be clerk of district 50 to file census list with township clerk 51 to file certificate of instruc- tiou in physiology with township clerk 45 to file copies of all reports. 51 to take annual school cen- sus 51 to present estimate to an- nual meeting. 51 to present warrants and orders to moderator to be countersigned- 50 to provide necessary ap- pendages 51,89 to keep account of ex- penses 44, 51 to keep record of meetings 50 Disease : prevention of communica- ble 80 Disorderly persons : treatment of 39,93 Districts, school : (See School districls.) District boards : election and tenure of office of members 40, 46, 48 may admit non-resident pupils 45,87 majority of members nec- essary at meetings of 41 meetings of 40 to apply moneys according to law 44 to apply for jury in suits to obtain site 99 to audit accounts of direc- tor. 47 to borrow money 43 to build, hire, or purchase school houses 43 to call meetings of district 49 District ho&Tds— Continued: to classify pupils 87 to contract with teacher8-44, 47 to donate or sell library books 46 to employ janitors ' 47 to establish rules for school 45 to estimate amount for support of schools 43 to fix rate of tuition to non- resident pupils 45, 87 to have care and custody of school property 44 to have charge of district library 46 to make statement of finances at annual meet- , ing - --..43, 44 to prescribe text-books and course of study 44, 101 to provide for instruction in physiology 45 to purchase books for indi- gent children 45 to purchase flag and flag- staflf 4(5 to purchase record books', ^ etc.... 43 to purchase text- books when authorized by voters ___ 46 to purchase or lease site for school house 43 to report taxes to be as- sessed 43 to suspend or expel disord- erlypupils 45 vacancy in, how filled 43 vacancy in, what to occa- sion 41 when to exclude public meetings from school house 44 when may issue bonds I' ' 96 who are eligible to office 41 who to constitute 40, 46, 48 District libraries : (See Libraries.) District meetings : annual, board to make financial report at 44 annual, powers of voters at—,— 34,38,50 annual, regular, where held 49 annual,;when to be held ." 31 116 SCHOOL LAW Pages. District meetings— Continued; business to be trans- acted ------ 32,40 challenging votes at.—- gy disorderly persons at rfa, a-* in district, primary and graded -- -31,40 in district, township. — -.31, 49 in district, under special act . 33 limit of taxes voted - 97 may vote on issuance of bonds 5^ notice of ----r—i gS notice of, contents of ad notice of, failure to give... 33 notice of, none required in township district . . . - - - 33 special, may be called. ...3^, 49 special, notice of- oi voters at, who are o7 District officers : .„ acceptance of office - 4U election and term of office -- -40. 46, 48 ^Zly^-*--..-"--^-- 78.fo,93 plurality vote does not elect -.40,46 who are eligible to election to 41 District schools : (See Schools.) District taxes : (See Taxes.) Disturbing district meeting or school : penalty for y* Division of district : (See School district; also Township board of in- spectors.) Dog tax, surplus of : apportionment of oo Education : constitutional provisions, q,rt. xiil 7,10 Election : . . ^ of county commissioner ot schools ----iVVe ^Q of district officers 40, 46, 48 of members of county board of examiners 20 of members of state board of education, con. prov., art. xiii ^- ^ Pages. Election— Continued: of members of state board of regents, con. prov., art. xiii 8 of Supt. of Public Instruc- tion, con prov., art. viii.- 7 Electors : who are qualified oi Eligibility to office : Indistricts 41 of commissioner 17 of examiner "0 English language : instruction to be conduct- ed in, con. prov., art. xiii.- 8 Escheats of land to the state : constitutional provisions, art.xiii ° Estimates : . , . of amount to be raised by tax 43, 51 Examin ations : of applicants for certin- cate .55,6^ of candidates for admis- sion to freshman class of Agricultural College 18 of inspectors' reports by county commissioner — 19 questions for 13, 57 Examiners: „ ^ of teachers, to collect I fees 63, 63 to pay fees to county treas- I urer • "3 Execution: . ^ ,. i not to issue against school district 98 Expenses : estimate of, to be present- ed at annual meeting. -.43, 51 of inspectors, limited 23 of state institute, how paid 64, 65 to be paid by teachers on obtaining certificates — 63 Females: ^ ., eligible to district offices.. 41 eligible to office of county commissioner 17 eligible to office of town- ship school inspector — 31 may vote at district meet- ings 3< OF MICHIGA]Sr. 117 „. Pages. Fines : for breach of penal laws, con . pro V. , art. xiii 10 for breach of penal laws, apportionment of 82 for disturbing district meeting 39, 93 for disturbing school 93 Flag and flag-staff : district board to purchase.46,90 Forfeitures : (See Penalties.) Formation: of districts (see School dis- tricts). of teachers' associations... 66 Fractional districts : (See School districts.) Free schools : to be provided, con. prov., art.xiii 8 Free text books: district to vote on question of furnishing 77 board to estimate amount necessary to purchase.. . . 78 board to make contract for furnishing 77 board to incur penalty f or failure to comply with law. 78 board to purchase when authorized 46, 77 property of district '77 Funds: educational, con, prov., art. xiii 7, 8 library, con, prov., art. ^ ^"i-" 10 teachers' association 66 teachers' institute 63 Geological survey, board of : Snpt. of Public Instruc- tion a member of.. 14 Graded school district : annual meeting of 29 alteration in boundaries of 29 change to primary district 30 how classified 28 how organized 29, 38 not limited to nine sec- tions of land 29 number of children 28, 38 two or more contiguous districts may organize. . . 29 Pages Graded school district— Confmited:* trustees, consent to be ob- tained in alterations of boundaries 29 grades of certificates to teachers 55, 63 High schools : may be established in cer- tain cases 47 Indebtedness : of districts. (See Bonds). .95, 96 Insane : institutions for, con. prov., art. xiii 9 Inspection, board of : (See Board of inspection.) Inspectors, board of school : (See Township board of school inspectors.) Institutes : (See Teachers' institutes.) Institutions : for deaf, dumb, and blind, con. prov. , art. xiii 9 Instruction : to be conducted in the English language, con. prov.. art, xiii 8 Supt. of Public Instruction to have supervision 11 Interest : on state fund for educa- tional purposes, con. prov., art. xiii 7, 8 Janitors : employed by district board 47 Judgments : against school district 97 Jurisdiction : in actions against districts 96 Jury : in proceedings to obtain site 99 Juvenile disorderly persons : penalties imposed upon 73 penalties imposed upon, parents in certain cases. 72 to be sent to ungraded school 73 who constitute " 73 Kindergarten : act to apply to the schools . 89 118 SCHOOL LAW Pages. Kindergarten— Contimted: children entitled to at- tend - 89 duty of district board in regard to 89 qualifications of teachers in 89 Land : escheat to the state, con. prov. ,art. xiii 8 legislature may appropri- ate same or money aris- ing from sale of same, for maintainance of agri- cultural school, con. prov., art. xiii 9 proceedings to obtain for school house sites 98 Laws : relative to schools to be published and furnished to oflacers 13 Lease : of school house site SS Legislature : to provide for agricultural school, con. prov., art. xiii 9 to provide for free schools, con. prov., art. xiii 8 Libraries : constitutional provisions, art. xiii 10 Liability : of board of inspectors 93 of county clerk 93 of district ofHcers 93 of parent for failure to send child to school 73 of township clerk and supervisor 94 Librarian : to be appointed 83 Libraries : constitutional provisions, art xiii 10, 81 district board have charge of 45,50 district, care of 83 district, what may estab- lish 83 funds, apportionment of... 83 funds, forfeitures of 83 funds, penal fines to be ap- plied to, con. prov., art. xiii 10 Pages. Libraries— Conti?iM6d: funds. State Supt. to fur- nish statement of town- ships, etc., entitled to... 83, 83 township, care of 81 township, librarian of 83 tax for support of 83 of townships showing boundaries of districts.. 33 Meetings : for examination of teach- ers 55, 59, 62 joint, of school inspectors.. 25 when school house used for public - 37, 44 (See District meetings.) Members : of county board of school examiners 20 of boards, district 40, 46 of board of regents, con. prov., art. xiii 8 of board of school inspec- tors 21 of board of trustees 38,48 of state board of educa- tion, con. prov., art. xiii . 9 Moderator: acceptance of ofl&ce 41 a member of district board 40,46 and assessor to audit and pay directors' accounts.. 51 and director to approve bond of assessor 53 election and term of oflB.ce of 40, 46 penalty for neglect to ac- cept office or perform duties 93 to bring suit on assessor's bond 53 to countersign warrants and orders 63 to preside and preserve orders at district meet- ings 39,93 Moneys : accrued from one-mill tax, how used 36,85 apportionment by State Supt., con. prov., art. xiii 7 apportionment to districts by township clerk 23 OF MICHIGAN. 119 Pages. Moneys— Continued: board to apply according to law 44 board to report to annual meeting receipts and dis- bursements - 44 collected on account of neglect of ofllcers 93 collected on assessor's bond, liow applied 53 county treasurer to apply for and pay 84 county treasurer to appor- tion library moneys 82 library, apportionment of 13,82 library, derived from penal fines, con. prov., art. xiii 10 library, forfeiture of 83 library, may be used for school purposes 83 limitations as to borrow- ing 43 not to be diverted except by a two-thirds vote 36 primary school interest fund, apportionment of.. 84 primary school interest fund, districts entitled to receive 84 primary school interest fund, duties of State ISupt. in regard to 12, 84 primary school interest fund, how constituted, con. prov., art. xiii 7 primary school interest fund, used only for teachers' wages 84 primary school interest fund, when withheld from districts, con. prov., art. xiii 8 public, defined 94 public, deposit of 95 public, how kept 94 public, how to be used 95 public, interest accruing on : 95 public, orders for payment of, unlawful 95 township Ireasurer has keeping of all school and library 49 1 PiGES. Necessary Appendages: (See Appendages.) Neglect : of county clerk to transmit reports 94 of district officers... 93 of inspectors in perform- ing duties 93 of parent or guardian to send child to school 73 of supervisor and town- ship clerk in regard to taxes 94 Non-resident pupils: admission of 45, 47, 87 Normal school : (See state normal school.) Notices: by State Supt. of appor- tionment ..13,84 of first meeting in new dis- trict 24 of formation of teachers' association 66 of meetings for examina- tion of teachers 18 of meetings to be given by director 33,50 of special n..eeting8 32, 33, 49 in proceedings to obtain site 99 to organize as graded school district 29 to parent or guardian that child does not attend school 72 to township clerk of taxes to be levied. 43 Number months of school to be maintained: constitutional provisions, art. xiii 8 Oath: by challenged voter at dis- trict meeting, if false deemed perjury 39 by deputy Superintendent of Public Instruction 11 of school officers 48 to be made to correctness ot census list 92 Office: acceptance of to be filed. -41, 48 term of district officers 31, 40, 46, 48 120 SCHOOL LAW Pages. Ot&ce— Continued: term of members of board of school examiners 30 term of members of state board of education, con. prov., art. xlli 9 term of regents of the uni- versity, con. prov., art. xiii 8 term of State Supt. of Public Instruction, con. prov., art. xiii 7 Officers ; (See names of the several offices.) Official bonds : of assessor 53 of chairman of board of inspectors 21 of county commissioner of schools 16 One-mill tax : assessment, collection, and disposition of 85 how surplus may be ap- plied, sec. 13 36, 85 Orders : on assessor, drawn and signed by director 50 on assessor, countersigned by moderator 53 Organization : of graded schools 38 of primary district 24 of township district 30 Parents and guardians : liability for not sending children to school 73 proceedings against for failure to send children to school 73 required to send children to school 70 Penalties and forfeitures : for disturbing district meeting 92 for disturbing school 93 for illegal use of public moneys 95 on district for not main- taining three months' school, con. prov., art. xiii 8 on county clerk for not transmitting reports 93 Pages. Penalties and forfeitures— Corrt'd; on district officers for neg- lect of duty 45, 78, 81, 93 on inspectors for not quali- fying or neglect of duty.. 93 on parent or guardian for failure to send child to school 73 on supervisor and clerk for neglect of duties 94 on taxable inhabitant for neglect of duty in forma- tion of new district 93 Perjury: false oath deemed 39 Physiology and hygiene: director to file copy of teacher's certificate of in- struction with township clerk 45, 80 penalty for failure of dis- trict board to comply with statute 45,80 teacher to certify whether instruction has been given..- 45,79,80 text books to be adopted by district board 79 text books to be approved by state board of educa- tion 79 to be taught by all schools in the state 45, 79 Poll-list : kept when voting on issu- ance of bonds 96 Poor children : to be furnished with text books 45, 75 President of university : constitutional provisions, art. xiii 9 Prevention : of communicable diseases. 80 Primary school interest fund : apportionment of 13, 84 apportionment of when re- ports are defective 13 apportionment of when de- ficiencies may be paid... 13 constitutional provisions respecting, art. xiii 7 school to be maintained three months to secure, con. prov. , art. xiii 8 specific taxes, part of, con. prov., art. xiii 10 OP MICHIGAK. 121 Pages. Primary school int. tnnA— Cont'd: to be used only for teach- ers' wages 84 Proceedings : to obtain site for school house 99 Property : of district, care of... 45 sale of, directed by voters 35 sale of, when may be by inspectors 27, 28 of teachers' associations... 66 Prosecution : ( See Action ; Proceed- ings; Suits.) Public meetings : when may be excluded from school house 37,44 Public moneys : (See Moneys.) Punishment : corporal 69 Pupils : classification of 87 expulsion or suspension of 45, 99 tuition of non-resi- dents 45, 47, 87 who may be 87 Purchase : of books for library 50, 83 of books for poor chil- dren 45, 75 of books for records of district 42 of necessary append- ages 51, 89 of school house or school site 43,98 Qualifications : of teachers 58 Questions : for examinations of teach- ers 13,57 Record : director to keep, of pro- ceedings 50 of acceptance of office 41 of certificates to teachers. 18 of pupils, to be kept by teacher 66 Regents : of the university, con. prov., art. xiii 8 Pages. Regen ts— Continwed: duties of, con. prov., art. xiii 9 election and term of office of, con. prov , art. xiii... 8 Register : of school, kept by teacher. 66 Regulations : at election to vote for issu- ance of bonds 96 for government of schools 45 for libraries 81,83 Report : liability of officers for fail- ure to 93 of board at annual meet- ing .... 44 of chairman of board of school inspectors 32 of county commissioner... 18 of director, to whom made in fractional districts 53 of director to inspectors... 51 of township clerk, of taxes 23 of Supt. of Public Instruc- tion, annual 11 of supervisor, of taxes as- sessed 86 Residents : notified of first meeting in new district 24 petition for organization of new district 30, 31 qualification of, to vote at district meetings 37 rights of, to attend school. 87 Revenues : of schools 84 Revocation of teachers' certifi- cates : by board of school exam- iners 59, 61 by state board of educa- tion 63 Sale of property : directed by district 35 when by inspectors 38 School : admission of non-resident pupils 45,47,87 agricultural to be provided for, con. prov., art. xiii... 9 board to establish regula- tions for ...45,99 board to prescribe course of study 101 122 SCHOOL LAW Pages. School— Continued: board to prescribe text- books 44 closed on account of preva- lence of contagious dis- eases 67 maintained at least three months, con. prov., art. xiii 8 may be graded 38, 47 peoalty for disturbing 92 revenues 84 sectarian instruction in abolished 101 suspension or expulsion of pupils from 45, 99 taxes for support of 43 time necessary to be main- tained 36 to be free, con. prov., art. xiii 8 ungraded to be established 73 School board : (See District board.) School books : (See Text books.) School census : time of taking not to be changed 91 when and how taken 51 School districts : cannot be dissolved 25 changes in boundaries of primary 26 consent of tax payers 37 consolidation of 29 debts formerly due 28 division of property 28 failure to organize 25 form and size 24 fractional, formation of--- 25 graded 38 individuals set off 37 legally organized. 35 notice of alteration 37 notice of meeting for 36 notice of first meeting in- 34 organization of 34 special legislative enact- ment for 25 transfer of territory of taxpayers in - 36 unorganized territory 25 School examiners : (See County board of school examiners.) Pages. School funds : (See Sloneys.) School houses : appendages to, director to provide 89, 90 board to provide - 43 bonds may be issued to - build - 96 limitations of indebted- ness for building 96 site for, to be purchased or leased - 43,98 tax for building 35, 97 SchooL officers : in primary districts, how elected 40 must be chosen by ballot.. 40 plurality vote does not elect 40 School year : when to commence 29 Sites for school houses : board to purchase or lease.- 35,43 bonds issued for purchase of 36,96 compensation for, how de- termined in certain cases 99 location of 35, 98 notice of meeting to change 33 tax for 35 Specific state taxes : how applied, con. prov., art. xiv- 10 State board of education: constitutional provisions for, art. xiii 9 have care of state normals. 14 examine and approve text books in physiology 15 grant certificates to gradu- ates of certain colleges.- 15 grant diplomas to gradu- ates of state normals 15 indorse certificates granted in other states 15,63 maintain school at state normals 15 prescribe course of study for normal schools 14 term of office and salary of members 14 State certificates : when granted by state board of education 15 OF MICHIGAN". 123 Pages. State certificates— Continued; granted in other states, in- dorsed by state board 15 granted to graduates of state normal schools 15 granted to graduates of certain colleges 15 State institutions of educa- tional character , to be visited by Supt. of Public Instruction 11 State normal schools : to be under care of state board of education, con. prov., art xiii 9 diplomas and certificates to graduates 15 training school in 15 State teachers' institute : to be held annually 65 State university: supervision of, con. prov., art. xiii 9 Studies : to be prescribed 101 Suits : and judgments against dis- trict 36,97 assessor to appear for dis- trict 97 jurisdiction of justices in. 97 on assessor's bond 53 summons in, served on assessor i 97 when moderator may ap- pear i n for district 54 Supt. of Public Instruction : appointments made by may be revoked 11 duties of, con. prov., art. xiii 7 duties of, relative to ap- portionment of primary school moneys, con. prov., art. xiii 7 election and term of office of, con. prov., art. viii 7 office of, where located, con. prov., art. viii- r. 7 salary of 11 to appoint boards of vis- itors 14 to appoint conductors of teachers' institutes 14 to appoint deputy superin- tendent 11 Supt. of Public Instruction— Co7it'd.- to approve first grade cer- tificates 13, 56 to be a member and secre- tary of state board of education 9 to be a member of st.ate board of geological sur- vey 14 to deliver official boolis, etc., to successor 14 to have general supervi- sion of public instruction 11 to hold county teachers' institute annually.. 14 to make annual report to governor 11 to meet with governing board of each education- al institution 11 to prepare all examination questions 13, 57 to prescribe rules for boards of school exam- iners 13 to publish and transmit laws and forms to officers 13 to send examination ques- tions to examiners 13 to visit state institutions.. 11 vacancy in office, how filled, con. prov., art. viii 7 Supervisor : liable for not assessing taxes 94 to assess judgment against school district 98 to assess one-mill tax 85 to assess tax for support of libraries 83 to assess school tax 86 township clerk to certify taxes to 33 Surplus : of dog tax 86 of school moneys, how apportioned 85 Suspension : of pupils from school 45, 99 power of may be dele- gated to teacher 99 rules for must be reason- able.. 100 Taxes : amount for purchasing of building 35. 97 124 SCHOOL LAW Pages. Taxes— Continued: district, how collect 86 estimated and reported by district board 43, 78 failing to be assessed, lev- ied next year 86 for books for indigent children 45 for school purposes .... 97 limit of in certain cases. .35, 43 of a district, when divided, to be apportioned 28 one-mill, assessment, etc., of 85 one-mill, how surplus may be applied 36, 85 report of by board to township clerk 43 report of by township clerk to supervisor 78 specific, constitute a part of primary school fund, con. prov., art. xi v 10 supervisor to assess 86 surplus dog, apportion- ment of 86 Teachers : allowed legal holidays 67 certificates, fees to be paid in obtaining 63 certificates, grades of and qualifications necessary. 56 certificates, given by city board 59 certificates given by coun- ty board of school exam- iners 56 certificates, given by fac- ulty of university- 61 certificates, given by state board of education 60 certificates, revoked or suspended 59, 61 close school to attend insti- tute 63 contracts with.. 44, 47, 51, 65, 66 contracts valid, made pre- vious to annual meeting. 67 contracts with, necessary to entitle teacher to pay. 67 examination of by county board of examiners 55 examination of by state board of education 62 extent of authority 69 legal qualifications 55, 58 list of to be furnished 18, 63 Pages. Teachers— ContinMed; must be citizens of United States 58 must be of good moral character 58 to be furnished with copy of contract 66 to file certificate of instruc- tion in physiology, with director 45 to keep school register 66 Teachers' associations : formation and incorpora- tion of 66 Teachers' institutes : aid from state treasurer... 65 arranged by state supt....l4, 63 conductor of 64 counties may be united in. 64 expenses of, how paid 64 funds for support of, how raised 63 state institute, to be held annually 65 state institute, expenses paid from state treasury. 65 vouchers for expenses 65 whereheld 63 Term of ofllce : of district ofllcers 40, 46, 48 of members of board of school examiners 20 of members of state board of education, con. prov., art. xiii 9 of regents of the univer- sity, con. prov., art. xiii. 9 of Supt. of Public Instruc- tion, con. prov., art. viii. 7 of township officers 21 Text books : free, adoption of by dis- trict - 75 free, board contract with dealer 77 free, board estimate Maaount necessary to pur- chase --- 78 free, board incur penalty for failure to comply with law 78 free, board purchase when authorized 46, 76 free, loaned to pupils 77 free, property of district-- 77 OP MICHIGAN. 125 Text books— Continued: on physiology and hygiene, approved by state board of education 15, 76 to be furnished to indigent children 45, 75 to be prescribed by distiict board.. 44 Township board of education : (See Board of education in township districts.) Township board of school in- spectors : chai rman and clerk of 21 chairman to be treasurer of and give bond 21 charge of schools 21 duties of in forming new districts 26-30 number of meetings of 22 penalty for neglect to qualify or perform duties 93 powers and duties of 21 reports to be made in triplicate 22 reports, full financial 22 when may appoint officers 46 who to constitute board... 31 Township clerk : a member and clerk of board of inspectors 33 clerk of township board of education 23 duties of 23 election and term of office 21 to apportion moneys to districts 23 to be furnished with a list of teachers 51 to give notice of formation of new district 27 to keep records, reports, etc , on file 51, 83 to prepare map of town- ship showing districts.... 23 to receive reports and communications 23 to transmit chairman's ad- dress 23 Township district : how organized 30 Township treasurer : duties in relation to frac- tional districts 87 warrants on to he signed by director and modera- tor 78 Training school at normal : maintained by state board of education 15 Treasurer of board of school in- spectors : (See Chairman of board of school inspectors.) Treasurer of district : (See Assessor.) Truants : sent to reformatory 73 tried by justice or recorder 73 ungraded schools provided for 72 who shall be deemed 73 Truant officers : compensation and duties of 71 when appointed 71 Trustees : election of 38, 48 (See Board of trustees.) Tuition : of non-resident pu- pils 45,47,87 Ungraded schools : juvenile disorderly per- sons to be sent to 73 University of Michigan : constitutional provisions, art. xiii _ 8, 9 diplomas and certificates tograduates 61 United States flag : (See Flag.) Vacancy : in district offices, how occa- sioned and filled 41,42 in office of regent, con. pro v., art. xiii 8 in office of Supt. of Public Instruction, con. prov., art. viii 7 Visiting boards : appointed by Supt. of Pub- lic Instruction 14 Voters : challenge of 39 In graded districts, elec- tion of trustees 38 in primary districts, ap- point chairman 34 in township districts, who are qualified 37, 38 limitations of authority. . . 88 rz6 SCHOOL LAW OF MICHIGAN. Pages. Voters— Continued: powers of at district meet- ings 34-38 Voting : in regard to 100 Vouchers : for payments at teachers' institute 65 Warrants : of director upon treasurer. 78 Pages. Wa.rra,nta— Continued: on state treasurer for primary school interest fund 13,13 Women : barred from voting 37 eligible to election to dis- trict offices 41 eligible to election to office of commissioner 17 eligible to election to office of school inspector 31 qualified as voters at dis- trict meetings 37 e LIBRARY OF CONGRESS A 020 312 101 5