Tn 1875' CIRCULAR ADDRESS Slate Superintendent of Public Instruction TOGETHER WITH THE AMENDMENTS TO THE PUBLIC SCHOOL LAW OF TENNESSEE, PASSED MARCH 24, 1875. NASHVILLE: TAVEL, EASTMAN & HOWELL, PRINTERS TO THE STATE 1875. CIRCULAR ADDRESS State Syperiotenileot of Public lostroctiofii TOGETHER WITH THE AMENDMENTS TO THE PUBLIC SCHOOL LAW, OF TENNESSEE, PASSED MARCH 24, 1875 NASHVILLE: TAVEL, EASTMAN & HOWELL, PRINTERS TO THE STATE 1875. °> , ^^ ^- ^'\-^' mu 2 1906 AMENDMENTS PUBLIC SCHOOL LAW. CHAPTER CXXXVIII. AN ACT to amend an Act to establish and maintain a uniform system of public schools, passed March 6, 1873, and approved March 20, 1873. Section 1. Be it enacted hy the General Assembly of the State of Ten- nessee, That Sections 36 and 37 of an Act entitled An Act to establish and maintain a uniform system of public schools, passed March 3, 1873, and approved March 20th, 1878, be, and the same is hereby amended so as to read, That every male inhabitant of the State, subject thereto, shall pay a poll tax of one dollar for the support of public schools, which shall be collected as other taxes are, and paid over to the county Trustee, in the county where collected, and distributed therein, to each school district, according to scholastic population. Sec. 2. Be it further eiiaded, That Sections 45, -46, 47, 48 and 49 of said Act be, and the same are hereby repealed. Sec. 3. Be it further enacted, That in all cases where school money has been collected in issues of the Bank of Tennessee and been burned, it shall be the duty of the Comptroller to issue his separate warrant for each year to the county Trustee of each county, for the amount of school money belonging to such county for each year so burned, or burned as aforesaid ; and the proceeds of said warrants, together with all other school funds now in the" hands of county Trustees, Superin- tendents, or other officers, belonging to each year, shall be applied, un- der the direction of the county Judge, or Chairman of the County Court, first in payment of all just claims accruing in said year, and the balance, if any, applied in payment of just claims next in time accru- ing. Sec. 4. Be it further enacted, That Section 50 of said Act be so amended, that all sums of money derived from State or county, which are unexpended in any year in any public school district, shall not go- into the hands of the county Trustee for redi vision the next year, but shall be credited to such district, and be added to the amount next ap- portioned to such district. Passed March 24, 1875. LEWIS BOND, Speaker of the Souse of Representatives. THOMAS H. PAINE, Speaker of the Senate. Approved March 24, 1875. JAMES D. POETER, Oovernoi'. The Sections of the Public School Law repealed are as follows : Sec. 45. Be it further enacted, That it shall be the duty of the County Superintendents to report to the Chancery Courts of their respective counties, a list of the several school districts now or hereafter establish- ed, and the Directors in their several counties. Such report, by order of the Chancellor, shall be entered upon the minutes of the Court; and upon such record being made, the inhabitants of the school district of the several counties shall be incorporated towns, and invested with the following rights, and none other : 1. To purchase and hold, in the name of their respective Boards of Directors, such real estate and school furniture as may be necessary for school purposes. 2. To levy a tax not to exceed three mills on the dollar, as hereinafter provided, upon property for prolonging schools, for purchasing school sites and building school houses, and for payment of necessary school expenses, but they shall have no power to levy a tax for any other purpose. Sec. 46. Be it further enacted, That when a majority of the free- holders of a district shall make application in writing to the School Directors of a district to levy a tax for school purposes, as authorized by this Act, stating the amount to be levied, it shall be the duty of the School Directors to call forthwith a meeting of the people of the dis- trict, designating the time and place of meeting, and giving thirty days' notice thereof, the object of the meeting, and the tax proposed, in one or more public places of the district ; and if the Directors shall fail to call such meeting, it may be called'by any fifteen freeholders of the dis- trict, in the same manner as required by the Directors. Sec. 47. Be it further enacted^ That when such meeting is assembled, it shall be the duty of the School Directors, or those having called the meeting, to lay before it the purposes for which it is proposed to levy a tax; and if a majority of the legal voters of the district shall vote for a tax, the amount so voted for, shall be assessed by the Directors upon the property of the district subject to taxation. 5: Sec. 48. Be it further enacted, That the School Directors of the dis- trict shall appoint a Tax Collector to collect the taxes then assessed, and shall fix his compensation. Sec. 49. Be it further enacted, That the Collector shall give bond, payable to the School Directors of the district, in double the amount of the tax to be collected, for the faithful performance of his duties, and he shall pay oyer the amount collected, to the Treasurer of the district. CIRCULAR ADDRESS. STATE SUPEEINTENDENT'S OFFICE, [ Nashville, June 1, 1875. f EFFECT OF THE AMENDMENTS. The repeal of the sections above quoted, leaves the Directors of School Districts, as they now are, without power to levy any district tax for purchasing real estate and school furniture, for prolonging schools and building school houses, and for payment of necessary school ex- penses. The effect of it is to throw the Directors upon the resources derived from State and county taxes, to carry out these objects. They may, and ought, to do any and all of these acts, with the funds provided for these purposes by the State and county, and apportioned to the re- spective districts. Thus, by Section 20, sub-section 5, one of the duties of School Directors is declared to be, " to use the school fund, appor- tioned to their district, derived from donations or other sources, in such manner as w^l promote the interest of Public Schools in their respect- ive districts." It is believed, that but few school districts in the State have hereto- fore exercised this power, now repealed ; and, therefore, the repealing Act will not materially reduce the amount of available school money. STATE POLL TAX. The amendment to the law which makes it incumbent on the Rev- enue Collector to pay over the State poll tax to the County Trustee (in- stead of to the State Treasurer,) to be thence distributed to the districts, should stimulate those counties which have heretofore failed to pay into the treasury their pro rata, to hereafter collect their just share from their own tax -payers, and it will operate more equitably upon such counties as have heretofore paid more than their ^ro rata, inasmuch as they will hereafter secure the whole amount collected by them. UNEXPEJSTDED BALANCES. The amendment which requires the County Trustee to place to the credit of each district the unexpended balance of each year, allows said districts to use the same for school purposes, on the next year, thus giv- ing to each district a fairer scope for improvement. The amendments do not impair the eflBciency of the School Law •• and though there are changes which might have been desirable, it is in- cumbent upon all who are officially connected with it, to exert their utmost energies in rendering all practical provisions contained in it, active and vital, during the next two years, with a view to procuring such further amendments hereafter as are necessary to its complete suc- cess, and for the further purpose of commending it to the acceptance of tlie people, by extracting from it the utmost possible benefits contem- plated by its framers. There is no law which is so dependent upon a favorable public sentiment for its successful operation, as well as for its continuance. It, therefore, behooves those who have in charge the exe- cution of its provisions, to discharge their responsible duties with the highest and most conscientious regard to the great and beneficent ends to be attained. With this view, I recommend and enjoin upon the County Superintendents the following measures, viz. : CONSOLIDATED SCHOOLS. That, wherever practicable, they advise the District Directors to " make contracts of consolidation with the trustees, teachers, or other authorities of academies, seminaries, colleges or private schools, by which the Public Schools may be taught in such institutions ; Provided, that the branches of study, designated in the 31st Section of this Act, shall be taught, free of any charge, in such consolidated schools ; and, provided further, that the authority of the County Superintendent, Dis- trict Directors, and other school officers over those studying such branches, shall be as full and ample as in the ordinary Public Schools,' as provided for by the 33d Section of the School Law. Such consolidations as are contemplated by this Section, will enable the Directors to establish "graded schools," to which preference is re- quired to be given by the 32d Section, when they could not otherwise, by adopting the pay system in branches other than those provided for in the 81st Section, thus materially increasing the efficiency of th& whole system, when the taxation of the State and county does not furnish a sufficient fund for such purpose. Contracts may be made with teach- ers, who are qualified to teach the higher branches, allowing them the amount of the tuition fees which may accrue from the same, but taking cure to make the schools, in all instances, absolutely free to all pupils who study the elementary branches required by the law, and to leave such pupils to the sole control of the Public School officers. This pro- viso is essential, that the schools may not lose their identity as Public /Schools, and that freedom may be guaranteed to them in the elementary branches. It is believed that such contracts may be made in many dis- tricts, the efficiency of the schools greatly advanced, the cost per pupil reduced, and a higher class of teachers secured. I earnestly recomuiend tliis measure to the County Superintendents and District Directors, as being an absolute necessity in winning the confidence of the people in the school system, elevating the grade of the schools, and securing increased interest from all quarters in their success. And when the recommenda- tion is adopted, County Superintendents are directed to make a detailed report, to this office, of the result of the experiment, the efficiency secured, the attendance at such schools, and the effect produced upon the sentiment of the district and neighborhood. Such report should accompany the regular annual reports, of the Directors, on the 15th of September eacfi year, and of the County Superintendents on the first day of October. SCHOOL ESTIMATES OR BUDGETS. Another measure, which I recommend to County Superintendents, is to make onteacli year, before any contracts are entered into with teach- ers, an estimate of the amount of the school money, from all sources, which will probably be apportioned to each district in the ensuing year, or require the Directors to do the same, taking as a basis the actual ap- portionments of the preceding year, provided no change has been made by the county in the levy of taxes. If any change in the levy has been made, then the estimate may be increased or diminished accordingly. But it will always be more prudent to under-estimate the apportionment than to exceed the amount. There is scarcely any circumstance which contributes more to cast odium upon the system than unliquidated in- debtedness to teachers, who have earned their salary by their services* And there can be nothing wliich so greatly discourages teachers them- selves, and dampens their ardor.- After such estimate has been made, the amounts first received should be set aside to pay any accrued indebt- ness to teachers or others, and contracts should only be entered into to consume the balance of the year's estimate remaining, after paying off the indebtedness. If this system be strictly observed, all indebtedness will be can- cell'ed, and the schools will hereafter be conducted free from the incubus of debt, which has proven the blight of both private and public enter- prises. I am induced to make and urge this recommendation from the numerous instances which have come to my knowledge of gross care- lessness in making contracts, reckless as they have proven of the rights of individuals, and tending to bring our school interests into disrepute. County Superintendents are directed to make reports, under the head of " remarks," with regard to the indebtedness of any districts in their counties, (designating the districts,) and whether this recommendation has been observed. EXAMINATION" OF TEACHEES. The instructions issued by the late State Superintendent, with refer- ence to the mode of examining and licensing school teachers and their qualifications, are hereby adopted and re-issued to County Superin- tendents, with this modification, that when, after examination, the grade of the applicant in any hranch of instruction prescribed by the law for the schools, falls below j^ve, the applicant must be rejected. The former instruction was, that when the average grade falls below five the ap- plicant should be rejected. This modification is made in order to ad- vance the standard of qualification each year. Thenusaberof persons seeking employment, as teachers, is believed to be larger now than two years ago ; and those who have been employed as teachers for two years, failing at that time to reach the grade in every branch, and who have not now qualified themselves more thoroughly, so as to stand the re- quired test, should be rejected as unworthy of receiving a license. A more strict examination than formerly should also be pursued, in order that the applicant may be convinced that serious work and preparation are required. These regulations are adopted with the view of approving and carrying out the cardinal idea of my predecessor in the organiza- tion of our schools, that " the ultimate teachers' standard, in this State, must be attained by gradual approaches." The rule prescribed, requiring examinations to be made and licenses to be issued annually to each teacher, is also re-adopted. It can work no hardship on the best qualified teachers, and stimulates those who are indifferent to more ex- ertion and a higher ambition. This regulation can only be dispensed with when the State shall have secured a suflicient corps of well-trained teachers to occupy the field, and elevate the profession of teaching to the proper standard of excellence. The general instructions referred to, will be found on page 180 of the Annual Eeport of the State Sup- erintendent of Public Instruction, 1874, to which County Superintend- ents are referred for their guidance, with the modifications here made. 9 CENSUS OF SCHOLASTIC POPULATION. The law requires the District Clerks and Treasurers to take a census of all persons residing in the school district between the ages of six and eighteen years, annually, in the month of July. It is the duty of the County Superintendent to consolidate these reports from districts, and to furnish a statement thereof to the County Trustee, and also to report the same to the State Superintendent, in his annual report, on or before the 1st day of October. Census blanks, for the use of Clerks and Treasurers, are sent with this Circular to the County Superintend- ents iu every county, which they are strictly enjoined to distribute be- fore the 30th day of June, giving the necessary instructions with re- gard to the time and manner of making reports. Duplicate copies of tliese enumerations should be made in each case. ANNUAL REPORTS. The annual reports of the District Clerks and Treasurers to the County Superintendent, are required to be made for the year ending 31st day of August preceding, on the 15th day of September, on all subjects indicated in the blank forms, which will be supplied, which can be readily done, if the Teachers' Eegisters, and Account Books and Eecords of the Clerk have been kept and posted according to law. and the enumeration of population completed at the time required, The County Superintendent's annual report to this office is required to be made on or before the 1st of October, which can also be made at the proper time, without the least embarrassment, it being simply a con- solidation of the district reports, with such remarks as to the condi- tion, efficiency, and needs of the county schools, as circumstances may suggest. These reports will be required to be made strictly at the time prescribbd by law. The County Superintendent is instructed promptly, without loss of time, to avail himself of the provision of the law author- izing him to employ a substitute, where there is any delinquency in making the reports from districts. This strictness and promptitude are demanded that the consolidated annual report of the State Superintend- ent may be complete at the time required by law. It is hoped that no delays or omissions may occur in the forthcoming reports, and that all may be animated by an honorable emulation, inspired by zeal to serve the great cause of popular education which is entrusted to our hands. In connection with the reports, to be made by District Clerks to the County Superintendents, on or before September 15th, I cannot too earnestly impress upon County Superintendents the duty of urging that they be promptly made, and that these returns be full and complete, taking care that the Clerks be instructed in the manner of filling them 10 out, when they so desire. If not properly made out, they should be re* turned for correction, promptly, and a corrected report demanded, with- out delay. The same care should be exercised in requiring the census to be taken according to law. The blanks should be at once distri- buted, and the Clerks instructed as to their duties. It is very doubtful whether districts which have not complied with the law, in making these enumerations of scholastic population, are entitled to the benefit of an apportionment of the school money, as there will be no standard by which an apportionment can be made, if no census be taken. Three or four counties have failed to comply with the law, by electing County Superintendents. The County Courts, at their July term, are respectfully notified of the delinquency, and requested to remedy the same. If, however, they persistently refuse or fail to comply with the law, in this particular, legal steps will be taken to compel their compliance. It is also believed, that the failure to elect a County Sup- erintendent will deprive them of a share of the school fund distributed semi-annually by the Comptroller, as all the data upon which said distri- bution is made are required to be furnished by that oflBcer. It is his duty to see that the census is taken by the District Clerks and Treasurers, and to consolidate the same and transmit them to this ofiice. If there is no Superintendent, how can he perform these duties, which are the preliminary steps to the distribution of the fund to his county ? If the County Courts of the four counties which have failed to elect, will dis- charge their duty at the July term of their respective courts, there will be time for them to distribute the blanks so as to take the census in July, as required by law. The County Court Clerks of these counties are re- spectfully requested to give notice to this office of the election of, or failure to elect, the County Superintendent, as soon as practicable, after the July terms of their respective courts; and the necessary enumer- ation blanks are herewith sent to them, with the request that they will hand them over to the County Superintendents elect, together with this Circular. BLANK FORMS. County Superintendents are requested to notify this office, by postal card, of the receipt of blanks, whenever so received, or of the non- receipt when they are expected to arrive ; also, of the number of school registers, blank contracts, teachers' certificates, etc., needed by them, and they will be promptly forwarded to them. When not too heavy, they will be forwarded by mail to their respective post-ofl&ces ; but otherwise they will be sent by express, to the nearest express offices, and notice ^iven them by postal card. 11 COUNTY TAXES FOR SCHOOLS. In consequence of the postponement of the collection of taxes until November, and the passage of the new assessment law, the County Sup- erintendents, in counties which have levied no additional tax for pro- longing the schools for five months, are urged to respectfully call the attention of the County Courts to the necessity of making the necessary levy. The schools are established by law, which seems to be fortified by a sentiment so strong, that they may be regarded as fixed. It will be almost a waste of the public money to attempt to carry them on with the interest on the school fund and the State levy on polls and property alone. The Quarterly Courts at their July term, ought, therefore, to be urged to make them equally as efficient as those counties of a more advanced sentiment have done, who have levied additional poll, privl ilege, and property tax, the latter, some of them, at the rate of twenty cents and twenty-five cents on the $100. To fail in this important duty is nearly to throw away or waste, as useless, the State fund appor- tioned to them. It would be just as unwise and unpatriotic to refuse levies of soldiers, and means and munitions to support them, in time of war, as for local authorities to refuse to make levies of taxes to edu- cate the children of the counties, in time of peace. The man who would refuse to become a soldier, when his services are needed, would be regarded as disloyal to his country. Why should he, who refuses to be taxed to mould good citizens in peace and war, be regarded as any better ? If the young men of the State were to refuse to serve the State,. when the law demands their services, they would be hissed and execrated. Why should good citizens, then, refuse to be taxed, in a small sum, to educate those who are to become the stay and support of the fabric of State? Let this question be presented to the Quarterly Courts, with the earnestness and force which it demands, and there are none, I believe, who will refuse to impose the light burdens necessary to support the schools for at least five months in the year. There is no measure, that can be presented, which involves more deeply the relative standing and prosperity of the respective counties. Those counties which now stand back will be left behind in the race of progress, both intellectual and material ; while those which have made the forward movement, even now exemplify the high advantages to be derived from popular educa- tion. Much depends on the activity, intelligence, and zeal of the County Superintendents in presenting this important question properly to the County Courts, where the desired action has not already been had. They should work with energy, and yet with patience, in removing pre- judice, meeting objections, and gathering and citing those facts which irresistibly refute the logic of those who stand in the way of enlightened ]2 action. Triumph they will, in the end, when they come to array a line of well organized schools against the armies of benighted igno- rance and stolid retroaction. EFFICIENCY OF DIKECTOES. I will not close this Circular Address, without most earnestly urging upon the County Superintendents to confer frequently with the District Boards of Directors, upon whose wisdom and discretion ultimately and •closely depend the efficiency and success of our schools. They should he advised with, as to their specific duties, because, being occupied with their private businese, they often neglect the interests of the schools, whose immediate administration is entrusted to their special charge, for want of counsel to point out the functions of their important office. They should be advised frequently to inspect the schools themselves, and to appoint inspectors to visit them from the most intelligent and zealous of the citizens of the district. They should interest themselves in their government and discipline, without iiitermeddling or officious interference, but sufficiently to give general direction to the principles of their management, always giving preference to paternal authority over violence and the driving system, where at all practicable. They should enforce the utmost economy, system, and forethought in the management of accounts, so as to avoid indebtedness and to discourage giving warrants to teachers oh the County Trustee, when there is no fund to their credit, thus embarrassing that officer, and creating false hopes with creditors. To avoid the latter evil, they should draw no warrants against the Trustee excepting for amounts to their credit in his hands, and then only to be collected by the Clerk and Treasurer him- stilf, and immediately converted by him to the liquidation of orders pre- viously issued against him for services. The following form of warrant on the County Trustee is recommended to be used by the Directors, printed blanks having been provided, so as to make them uniform : FOEM OF WAERANT ON COUNTY TEUSTEE. To , County Trustee of County: Pay to - _ or order, Clerk and Treasurer of School District, No. Dollars, being the amount apportioned to said District in the month of , 187 . [Signed] Chairman. CVJc & Treas. $ .Director. Directors of School District, No. , County of . 13 These warrants should be signed by all the Directors, if practicable^ but if not, at least by the Chairman and Clerk and Treasurer. The County Trustee will make an apportionment monthly, that the current expenses may be met as they accrue. The Directors should be advised to consult, as near as they can, the interests and harmony of the district in the location of schools, provis- ion for neatness and comfort of school houses, and proper efforts to in- duce a general attendance at the schools from all the children entitled to the benefits of the same, and such other things as circumstances or their own observation and reflection may suggest as desirable and proper to promote efficiency, secure success, or win satisfaction for their efforts EFFICIENCY OF TEACHERS. I will bring this Address to a close by a timely word to County- Superintendents in behalf of the interests of teachers, without whose entire devotion to their duties, no good whatever can be expected from all our labors. They are emphatically the mainspring of the whole movement, and every effort should be made to instruct, encourage, and render justice to them. Though their calling is not such as continually attracts popular applause and admiration, yet in the obscure and hum- ble cabins, where, generally, their unnoticed labors are performed, the highest missions of humanity and of human elevation are achieved. They should be well chosen, and when elected to their high calling, they should be most heartily cheered, as St. Paul did with the apostle- ship, to magnify their office. I would respectfully suggest, therefore, in addition to the private encouragement to be given to them by doing them justice, both in their reputations, and the exact meting out to them of their dues, and the most generous recognition of their merit — that, when prac- ticable. Teachers' Institutes be organized in each county, under the au- thority of the County Superintendents, during the summer months, in which schools of training shall be exercised, according to the most ap- proved methods, and by the most experienced teachers, and essays or lectures be read on subjects appertaining to school government, methods of teaching, and moral discipline. At least, let Teachers' Conventions be held in each county, which will arouse in the teachers an esprit dn, corps, and a worthy ambition to avail themselves of every opportunity to improve their own methods, and to qualify themselves more perfectly for the high and honorable duties to which they have been assigned. STATE NORMAL SCHOOL. By the enlightened co-operation of the Board of Trustees of the Uni- versity of Nashville, and of the distinguished General Agent of the 14 Peabody Education Fund, Dr. B, Sears, the one lending the magnificent grounds, buildings, and income of the University, and the other contri- buting the annual sum of $6,000, under the supervision of the State Board of Education, the State Normal School will certainly be put in operation during the ensuing Fall, as I am enabled to announce. The terms upon which the pupils will be admitted will be announced by a timely circular from the Board of Education. It is destined to prove the most auspicious event in our annals for the encouragement and com- plete success of our Public School System. It may be at least fairly assumed, that no longer shall the bounding energies and aspiring talent of our youth be restrained by the metes and bounds of other trades and professions, in which so many languish and fail. But the whole bound- less domain, in which so many honest and capable workers are needed, to cultivate the mental and moral faculties of the rising generation, are henceforth to be opened to the youth of Tennessee of both sexes. Prom such a creation there rises up before the imagination a very fairy land of promise; and in sober, practical reality, there is presented the oppor- tunity for honorable usefulness to merit and genius on the one hand ; and the halls of public elementary education are opened on the other, on so attractive and successful a scale, that all opposition will speedily disappear, as all cause of cavil, censure, and complaint will have surely been removed by the munificent foundation of the State Normal Gol- ^ege. LEON. TROUSDALE, State Superintendent of Public Instruction. LIBRARY OF CONGRESS 019 748 487 1