Sehd&OeUfilmMmtiom pmmmmiimttmmmmmmmmimmmmmm MNaMAtaKMMManMIIMMM*MI|piWMSK»*>^ '/J/JJJ f il l l lj I I I II' IJ II i$0mmmtm»mm it0mm»tmaa»ttttmt wmji,[iiwniwrii>rrgL.Tr^..- DAVIS, BARDEEN & CO., gtthlistf^rs, §aah§dl^rB ^§Maners WMte Memorial Building, VanderbUt Square, SYBACUSE, N. Y, TEAG o ilU-i 1 , - k - *X> -i^ UNITED STATES OF AMERICA, ;rs FOR CENTRAL NEW YORK. All kinds of School Apparatus kept constantly in stock, from Black-lpoard Crayons to costly Electric Machines. Come and see before purchasing- elsewhere. Magazines and New Books received as soon as Issued. Any Book publislned -will be ordered and promptly furnished. School Supplies and Books for Libraries fur- nished at lo-w rates. Call or Write lor anytliiiig you want, m TrouWe to slow Boolis or gm Information. A NE-W BASIS OP PRICES. Scbool finlletin Filicaiions 1. The Bulletin Blank Spellek.— This contains 40 pages, octavo size, and is bound in Stiff Covers, so that it may be written in when laid npon the knee. It is ruled for 70 lessons of 25 words each, with additional pages for misspelled words. It also contains rules for spelling, lists of misspelled words, etc. Of its general character and utility, we need only say that it was prepared by Principal H. B. Buckham, of the Buffalo State Normal School. At his desire, the price has been made less than one-half the usual charge for books of such a size, and we confidently rely upon an extensive ?ale inever> county of the State. Price, 15 cts. each; ^10.00 per hundred, net. ' ~ 2. The Bulletin Composition Book. — This is similar to the above, and prepared by the same author. It is ruled for correction by a system of time-saving marks, eacti of which points out a particular fault. Price as above, 15 cts. each-^ $10.00 per hundred, net. 3. The Bulletin Writing Pad.— We sold Ten Thousand of these last term, sending them to Adelphi Academy, Brooklyn ; St. Lawrence University; the Buffalo Normal School, and to every part of the State. Each pad con- tains 96 leaves, 192 pages, 8X in- by 6. In lots of 500, a special back will be printed, when desired, giving the name of the school, regulations, etc. Price, $6.00 per hundred, /ie^. 4. The Bulletin School Euler. — These are one foot long, one incW wide, printed on ^manilla tag-board (or 6 inches long, 1 inch wide, on very heavy cardboard, as preferred), with inches and metres on one side, and an immense amount ol statistical information on the other. Price, 3 cts. each; $1jOO per hundred. 5. The Bulletin Book-Keeping Blanks. — Bay-Book, Journal and Ledger, each 36 pages, ruled for Single or Double Entry, and sufficient for a term's work. Price, 15 cents each. 6. The Bulletin Class Register.— For several years, one thousand of these registers, designed by Supt. Edward Smith, have been u.?ed annually in the Public Schools of Syracuse, no other kind being- employed for any purpose whatever. Each one gives a daily register of 360 pupils for 20 weeks, or of 180 pupils for 40 weeks, or of 90 pupils for 80 weeks, etc. It is the simplest, neatest, and cheapest Class Register made. Price, 25 cts. each. 7. The Institute Song Budget, Enlarged Edition.— Nineteen thou- sand copies of this book having been sold, anew edition is now ready, aoTi- tammg one-half more than former editions, but sold at the same price. It now contains 72 pages, 107 songs, 5 full-page and many smaller illustrations. Price, 15 cts. each;' $10,00 per hundred, net. Illustrated Catalogue of the Bulletin Publicatiofis, some Mtj mnumher, by mail, post-paid, for two three-cent stamps. DAVIS, BARDEEN & CO., Publishers, Syracuse, N. Y, C^ ^^^c.^-^:-^::^^^^ Supt. of PuWic Instruction, State ol New York. '^ ■■■ CoMMOi School Law. A DIGEST or THE PROVISIONS OF STATUTE AND COMMON LAW AS TO THE RELATIONS OP THE TEACHER TO THE PUPIL, THE PARENT, AND THE DISTRICT. WITH FOUR HUNDRED REFERENCES TO LEGAL DECISIONS IN TWENTT-ONE DIEPERENT STATES ; TO WHICH ARE ADDED THE EIGHT HUNDRED QUESTIONS GIVEN AT THE FIRST FIVE NEW YORK EXAimATIO^^S FOR STATE CERTIFICATES. By C. wf BARDEEN, v^-j^ EDITOR OF THE SCHOOL BULLETIN. FOURTH EDITION, ENTIRELY RE-WRITTEN SYRACUSE, N. T.: DAVIS, BARDEEN & CO., PUBLISHERS. New York : Baker, Pratt & Co. Copyright, 1878, by C. W. Bardeen. ^'^^ e> '2' NOTICES OF FORMER EDITIONS. The Cornell University, President's Roosis, } Ithaca, N, Y., March 31, 1876. f Dear Sirs : Accept my thanks for the li:?t of questions on School Law which you were so kind as to prepare for our Exam- ining Committee. They seemed to me in rvery respect excellent, and they led me to examine very carefully your little book on the general subjict, which strikei* me as admirably adapted to its purpose. Not only every teacher in the State, but every Member of the Legi!^lature and every Sujjervisor and School Commissioner, should have one. I remnin very truly yours, C. W. Bardeen, Esq. AND. D. WHITE. Fully supi)lies one of the greatest necessities ever experienced by teachers in our rural schools. — S. J). Wilbur^ School Commis- sioner. Second District, Broome Co. " Common School Law for Common School Teachers" should be considered a necessary part of pedagogic equipment. The treatise is small, but sufficient and sale. — Michigan Teacher. Cannot be called the best because there is nothing with which to compare it. It is simply invaluable to every teacher. — Siq)t. II. R. Sanford, late President State Teachers' Association, and for Jive years instructoi^ in School Law at the Fredonia State Nor- mal School. Is already adopted as a text-book in many schools, and fully supplies a great necessity. — National Teachers'* Monthly. This manual, although edited by an able teacher of New York with reference to the laws of that State, is also well fitted in the exposition of principles of school legislation to any State in the Union, and its references to cases cover the judicial decisions of the several States. — New England Journal of Education. "Common School Law for Common School Teachers" is the title of a legal treatise well known in the United States to all whom it concerns. It would seem that a similar work, treating of the legal rights, duties, and status of English schoolmasters, is much needed, — London Schoohnaster. PREFACE TO THE FOURTH EDITION. Among the teaclier's first acquirements should be an accurate knowledge of his legal duties and of his legal rights. Unfortunately, he is usually satisfied to follow local traditions, and he often learns only by suffering the legal penalty of ignorance that there are established principles of law affecting all his oflS.- cial relations. To be successful, he must confidently " go ahead ;" but to be sure he is right, he must know the exact bounds of his legal authority. These bounds are defined partly by statute law and partly by decisions at common law. Statute law concerns itself mainly with the details of taxation, organization, and supervision. It usually refers only in general terms to the work of the teacher, and leaves to common law the discussion of his relations to the pupil and to the parent. Hence while the laws of the different States are wholly unlike in their pro- visions for the support and supervision of public schools, they are nearly uniform as to the rights and the duties of the teacher. The general principles laid down and illustrated in this treatise are as applicable in California or in Louisiana as in New York or Mas- sachusetts. Where there are differences of detail, the system of New York is followed, with references to the more striking divergencies in other States. PREFACE. The author's constant aim in this revision has been to make the book valuable to every teacher and school-officer in the United States. Since the first edition of this work was issued, three years ago, the author has been in frequent cor- respondence with lawyers and school- officers, and he gratefully acknowledges the assistance cordially ren- dered, especially in the way of full reports of impor- tant trials. He is indebted to nearly all the State Superintendents for the latest editions of the school- laws of the various states, and to many of them for private information as to recent decisions. He has read with interest the series of articles upon school- law now appearing in the Educational Weekly, and has frequently cited the " Kentucky School Lawyer," recently issued as an appendix to his report for 1878, by State Superintendent Henderson, of Kentucky. The frequent references in these pages are to au- thorities named on pages 89-93. A full index is given at the close of the book. Trusting that this enlarged edition will succeed to the favor which greeted its predecessors, the author dedicates it to teachers who seek to know their rights and, knowing, dare maintain them. Sykacusb, September 2, 1878. COMMON SCHOOL LAW. PART I.-THE TEACHER'S QUALIFICATM. CHAPTER I. GRANTING OF LICENSES. 1. Necessity of a License. — In most States of the Union no person can legally contract to teach in any public school unless he holds a certificate of qualification, granted by an authority established for this purpose by statute. It is not sufficient that this certificate be obtained after the contract is made, even if it be antedated, for " a teacher's certificate must bear the same date as the examina- tion, and cannot legally bear any other" (111.^ But see Yt.^). " The purpose of requiring a certificate is to be assured of the qualifications of the teacher in ad- vance. He is not to practise on his pupils — keep one day ahead of his classes, and thus by going to school to himself fit himself to stand the ordeal of an examination which he could not have stood at 6 THE teacher's QUALIFICATION. the beginning. Such a procedure is a fraud on the district" (Ky.^). In Illinois, the certificate must be exhibited to the Directors before the contract is made (111. ^) ; in Massachusetts, a duplicate certificate must be filed with the Selectmen before pay is drawn (Mass. ^) ; in Tennessee, the Commissioners are indictable if they employ a teacher not holding a certificate (Tenn.'). A teacher who keeps school without such certifi- cate can draw no pay for his services (Me.,^ N. H.,^ Vt.,^ Ind.,^ Cal.,^ N. Y.,^ etc.) ; he cannot even teach without compensation (Ind.^) ; he is liable to action for assault and battery if he resorts to the slightest corporal punishment. Not even the superintending officer — the School Commissioner or Superintendent, for instance — can take the teach- er's place and exercise his authority. The teacher gets his authority from his certificate (N". H.^). This is true even though the proper authorities neglect or wantonly refuse to examine him (Me.^). In New York, it is true if the teacher's certificate be annulled, even though the annulment be plainly illegal and an appeal be immediately taken to the State Department (N. Y.^). But in Wisconsin, if the certificate be annulled and the teacher appeals, he may, with the consent of the board, continue his school, and if his appeal is sustained all his rights are sustained (Wis.^). 3. How Licenses are Obtained. — No person can contract or draw pay as a teacher in the public HOW LICENSES ARE OBTAINED. schools Of New York who is not legally qualified by holding an unexpired and unannulled certifi- cate of one of these five kinds : a. A diploma from some one of the eight Normal Schools. &. A State certificate, granted by the State Su- perintendent. c. A limited license, granted by the State Super- intendent. d. A certificate, granted by a legally authorized Board of Education. e. A certificate, granted by a County Commis- sioner. Of the 30,161 teachers reported to the Superin- tendent in 1878, 835 were thus licensed by Normal Schools, 1108 by the Superintendent, and 38,218 by local officers. a. Normal School Diplomas. — To enter any Nor- mal School, pupils must be sixteen years of age, of good health, good moral character, and average abilities ; must be appointed by the State Superin- tendent upon recommendation of a County Commis- sioner or City Superintendent ; and must pass a fair examination in reading, spelling, geography, arith- metic as far as the roots, and the analysis and pars- ing of sentences. The shortest course occupies two years. Students may enter an advanced class, but must remain at least one year to receive a diploma. These schools are located at Albany, Oswego, Pots- dam, Brockport, Geneseo, Cortland, Fredonia, and Buffalo. A legal limit to the number of pupils re- 8 THE teacher's QUALIFICATION. ceived has been fixed, but has not yet been ap- proached ; so that the schools are practically open to all who wish to fit themselves to become teach- ers. T). State Certificates. — State certificates may be granted by the State Superintendent only upon ex- amination. He determines the manner in which such examinations are conducted, and designates the persons to conduct the same and report the re- sult to him. Such examinations must be held at least once in each year, and due notice thereof given. The examination papers for such examina- tions as have thus far been held will be found in the appendix. c. State Licenses. — Temporary licenses to teach, limited to any school-commissioner district or school district, and for a period not exceeding six months, may be granted by the State Superinten- dent, ' ' whenever, in his judgment, it may be necessary or expedient for him to do so" (16). This power is rarely exercised. d. City Certificates. — The special laws relating to the schools of several large cities expressly confer the power of examining their own teachers upon either the Board of Education or the Superinten- dent. In these cities such examination is a condi- tion of contract, and must be submitted to even by those who hold diplomas or State certificates (411). In Ohio, however, ' ' the submission to a local HOW LICENSES ARE OBTAINED. 9 examination, on the part of the holder of a State certificate, can be compelled only by special con- tract with the Board of Education employing such holder" (O.^). Of course, such examination quali- fies the teacher only for the schools under direc- control of the Board of Education which con- ducts it. e. Commissioners' Certificates. — Certificates are granted by School Commissioners to teachers within their own districts. For this purpose, an- nouncements are made that upon a certain day and at a designated place in each town, the Commis- sioners will be prepared to examine candidates. Further opportunities are granted as the Commis- sioner is making his rounds of visits (36), and at institutes. The law does not fix the standard of examina- tion, and usage varies most lamentably. But the comments of Superintendent Rice (30-37) and the decisions of the State Superintendent establish the practice substantially as follows : The teacher is examined {a) as to his moral character ; (/?) as to his learning ; (y) as to his tact in instruction and management. (a) The candidate must present affirmative evi- dence of good moral character (410). Certificates should not be granted to persons addicted to drunkenness (410), to the use of intoxicating liquors (30), or to profanity (N. Y.^). ' ' The refusal of a teacher to pay his just debts 10 THE teacher's QUALIFICATION. when able to do so, is dishonesty ; dishonesty is immorality, and debars from a certificate ' ' (Wis. ^), But the Commissioner must not consider the can- didate's religious or political opinions (30), or any feelings of personal dissatisfaction on the part of patrons of the school (406). ((3) There is probably not one Commissioner in the State who w^ithholds certificates from all whom he knows to be insufficiently educated. Many at- tempt to create a demand for good teachers by cut- ting ofE the supjDly of those who are worthless, but cheap. Till such attempts are more universal and more vigorous, it will be farcical to quote these branches, set down by Superintendent Rice, as those upon which teachers must show " minute, accurate, and extensive knowledge. " 1. Definition of Words. 3. Arithmetic. 3. Geography. 4. Use of Charts, Globes, and School Apparatus. 5. English Grammar. 6. United States, English, Continental, and Universal History. 7. Science of government, including a knowledge of the character and operation of our State and national governments (31). As an illustration of the requirement where a positive standard is fixed, we copy the following from the School Law of California, pp. 59, 60 : " The order of examination, standard credits, and studies required for each certificate shall be as fol- lows : THE CALIFORNIA STANDARD. 11 Foi'' Third Grade County Certificates^ 80 per cent of the following : 1. General Questions 3. Orthography 100 3. Grammar 100 4. Written Arithmetic 100 ' 5. Geography 50 6. Reading (with oral exercises) . 50 7. Theory and Practice 50 8. Defining (word analysis) 50 9. Mental Arithmetic 50 10. Oral Grammar 25 — 575 For Second Ch^ade County Certificates^ 80 per cent of the above, and also 80 per cent of the following : 11. History of the United States 50 12. Composition 50 13. Penmanship 25—700 For First Gixide County Certificates^ 85 per cent of all the above, and also of the following : 14. Algebra , 50 15. Natural Philosophy 50 16. Physiology 50 17. Natural History 50 18. Constitution of the United States and of California 25 19. School Law of California 25 20. Industrial Drawing 25 21. Vocal Music 25—1000 For Third^ Second^ and First Grade City and Stats Certificates^ applicants must obtain respec- tively 75, 80, and 85 per cent on the entire list of 1000 credits." 13 THE teacher's QUALIFICATION. Some New York Commissioners approach closely to this standard of examination, and applicants for certificates should be prepared to undergo this test. (7) Certificates should be granted at first for a term not exceeding a year, and a second one should not be granted to one unsuccessful through ill-na- ture, petulance, or want of tact (31). Commis- sioners' certificates are of three grades. Those of the third grade are temporary licenses, granted to novitiates and persons who, for lack of experience or ability, have need to acquire the knowledge and skill necessary for higher positions. They are usu- ally for the period of a year, and may be limited to a particular school (N. Y.^). Those of the second grade, also for one year, are granted to those who have shown tact in instruction and management, but whose youth or limited education precludes their teaching the higher branches. Those of the first grade are for three years, and are granted to those who have experience, skill, and acquaintance with the entire range of common-school studies. " The qualification required of a candidate is to teach the elements of a plain English education. It is not unfrequently the case that a candidate may be thoroughly versed in certain branches, and yet be void of all aptitude to impart instruction and. to draw out mind (hIc). The Board, in grading a certificate, should therefore address itself more to the teaching capacity of an applicant than to the amount of knowledge he may possess. The art of teaching being of so great importance, the examin- HOW LICENSES AKE OBTAINED. 13 ers should value highly a habit of inquiry into the best modes of instruction. If the candidate has read and is familiar with the best treatises on peda- gogics, and is a subscriber to a school journal, these facts should add at least twenty per cent to the merit of an examination, and also help to de- termine the class and grade of a certificate" (Ky."). 3. When Licenses may be Withheld. — " It is obvious that a teacher might have the necessary lit- erary acquirements and capacity to govern, and be a person of good moral character, and yet be an unfit person for the service required. A teacher might have personal habits or manners so offen- sive as to make his influence upon the scholars in- jurious. He might be too severe in his require- ments, inclined to devote too much time to the older or better scholars, at the expense of the younger or more ignorant ; a person of strong prejudices ; a decided partisan and propagandist in politics or re- ligion ; unskilful in imparting knowledge, or un- able to appreciate the difficulties of beginners ; and still be a person of sound morals, great learning, and undoubted capacity to govern. Yet all these considerations might very properly be regarded in considering his 'qualifications for teaching'" (Mass.'^). In this matter the law leaves very much to the discretion of the licensing officer, but it does not permit him to refuse a license out of malice or ill- will. It has been decided that in such a case the teacher may recover damages at law ; nor is he compelled in order to show malice on the part of the officer to prove personal malice or ill-will, for if the officer acted rashly, wickedly, or wantonly 14 THE teacher's QUALIFICATION. in refusing the license, the jury may find malice (111.^). a. The Teacher may Appeal. — In New York, the proper appeal is to the State Superintendent. While such appeal will always receive attention, it will find very little favor with the Department un- less accompanied by conclusive evidence of the lit- erary ability of the applicant. The following ex- tract from a decision of Superintendent Yan Dyck shows the kind of answer which the Department is frequently compelled to make to appeals of this kind : *' The appellant appeals to the law of evidence ; he cannot complain if its true application leads to a conclusion opposed to his views and wishes. The controlling facts upon this question of competency are found in the papers and correspondence of the appellant himself. These, with no other evidence before me, would condemn him. His orthography is according to neither Webster nor Worcester, nor any other lexicographer of whom I have any knowl- edge, and his grammatical construction is after models found in no English grammar, except among the examples of false syntax^ of which his sentences afford some notable specimens. He must yet attend school, and give particular attention to orthography and the rules of the English lan- guage, before he will persuade this Department that the refusal of the Commissioner to grant him a certificate is founded upon any but the most satis- factory reasons" (N. Y.^). 4. When Certificates may be Annulled. a. For Evidence against Moral Character. — As cer- tificates of learning and ability to teach, Normal ANNULLING OF CERTIFICATES. 15 School diplomas and State certificates cannot be annulled, nor can the holder be subjected to fur- ther examination (N. Y/), except as a condition of contract, as by city boards (411). But diplomas, State certificates, and county certificates may be annulled by the Commissioner of the district upon satisfactory evidence against the moral character of the holder. Previous to such annulment, the teacher must be given reasonable notice [at least ten days (35)] and an opportunity to defend him- self (IST. Y.'^). The charges must be direct and positive ; if of an immoral habit, one or more in- stances must be specified. Though intemperance is a sufficient charge (N. Y.®), the annulment may be withheld where there is fair hope of reform (N. Y.^). A single profane expletive uttered out of school and under sudden provocation would not warrant annulment (N. Y."). h. For Deficiency in Learning or Ahility. — Com- missioners' certificates may also be annulled by the Commissioner of the district in which the holder is teaching, for deficiency in learning or ability. Thus, a Commissioner may annul a certificate given by himself three months before (IS^. Y."). The annulment may be effected without notice, if determined upon at a personal visit (409), but only when the result of personal observation (408). " It appears hardly proper that a highly success- ful teacher, long believed to be excellently quali- fied, should be forced to abandon her chosen pro- fession in which she has advantageously labored 16 THE teacher's QUALIFICATION. twenty years on the strength of an opinion based on a fifteen minutes' observation of her school" (N. Y.^^). Inability to maintain order is sufficient cause, but specially adverse circumstances must receive consideration (N. Y.^^). Certificates may be annulled for unnecessary and cruel punishment, but not for choking or severe blows where resist- ance is encountered (409). But certificates cannot be annulled on account of personal ill-will tow^ard the teacher in the district (406, Wis.^). 5. ApPEAI.S TO THE StATE SUPERINTENDENT. — In regard to this or other acts of school officers by which he feels himself aggrieved, the teacher may appeal to the State Superintendent, whose decision is final (N. Y."). It is a rule of the Department of Public Instruction that all acts and proceedings of school officers will be regarded as regular unless ap- pealed from (293). The bringing of appeals for light and trifiing causes will be discouraged (293). If vague or obscure in statement or illegible and un- intelligible, appeals will be disregarded (294, 298, 299). The Superintendent will not assume juris- diction of cases in the nature of a prosecution for the recovery of a fine or penalty (293) ; nor will he undertake to settle disputes as to contracts and other matters involving money, where the issue de- pends upon the truth of diverse statements and should be settled by the courts (N. Y. ^^) ; or to en- force the payment of money where a decision has been rendered, which should be left to the reg- ular legal authorities. But a teacher in the State REMEDY AGAINST INJUSTICE. 17 of New York, who promptly and clearly presents to the Department evidence of unjust treatment by school officers in the discharge of their duties un- der the school law, may be assured that the case will be thoroughly and impartially investigated, and a decision rendered without expense to him, from which no appeal can be taken to any court of law. PART II.-THE TEACHER'S CONTRACT. CHAPTER II. MAKING OF CONTRACT. In New York, school trustees exercise authority almost unlimited. They must hire somebody for twenty-eight weeks, but they may disregard the unanimous vote of the district as to the time of opening or closing school (N. Y.^^), the sex of the teacher (N. Y.^''), the wages paid (K. Y.^^), the conditions of the contract (N. Y.^^), and the indi- vidual selected (N. Y.'^"). The law punctiliously forbids a trustee to hire relatives within a given degree, but does not forbid him to hire himself (N". Y.,"^ Ind.^), Upon the last day he holds of- fice, a trustee may make a contract with a teacher which his successor must faithfully fulfil (jST. Y.'^^). Thus, in the case of Wait vs. Roe, recently reported in the Albany Law Journal, a trustee whose time expired in October hired a teacher in March for three terms, the second of which closed after the election of the trustee's succssor. But the con- tract was held to be valid for the third term. This law holds good in Michigan (Mich.^) and in Ver- PREREQUISITES TO COISTTRACT. 19 mont (Vt.^). In Wisconsin, such a contract may be rejected by the district (Wis.^). (See also N. C.,^ Mo/). 1. Prerequisites to Contract. — To enter into a legal contract to teach, the applicant must possess two qualifications — one positive and one negative. a. The applicant must hold a valid diploma, li- cense, or certificate, as already stated. A teacher •who enters school without being legally qualified violates his contract, and the same is not renewed by his obtaining a certificate subsequently, unless a new contract is made (410). 5. The applicant must not be related to the trus- tee, or to any one of the three, as grandfather, father, son, grandson, brother ; or as husband of grandmother, mother, daughter, granddaughter, or sister ; or as grandmother, mother, daughter, granddaughter, sister ; or as wife of grandfather, father, son, grandson, or brother ; or as wife's brother or sister (jST. Y.^^). But the husband of the tr\istee's wife's sister, or the wife of the trus- tee's wife's brother, may be hired (N. Y.^^). This prohibition cannot be evaded by the trustee's delegating the hiring of teachers to his associates (N. Y.") or to the principal of the school (N. Y.'^'). But it may be waived by the approval of two thirds of the voters at a district meeting (144). This prohibition does not apply to trustees of Union Schools (401). c. The Right of Minors to Contract. — As many teachers are under age, the question sometimes 20 THE teacher's CONTRACT. arises whether a contract with a minor is legal. Such a contract is binding upon the district but not upon the teacher, as a minor, who may decline to fulfil the contract, or having taught for a time may decline to teach longer (Wis.^). " The laxity of the law towards minors is intended for their ex- clusive benefit in protecting them from the frauds and deceptions which, owing to their weakness jmd inexperience, others of riper years might be enabled to practise upon them" (Wis.^). The teacher's wages are to be paid to him, and not to his parent or guardian, even though he is a minor (Ky.«). 2. With whom the Contract is made. — ^Every district in New York has either one trustee, or three, or (temporarily) two. a. If there be but one trustee, it is only neces- sary that the contract be clearly understood and definitely expressed. In Michigan and several other States the law directs that the contract be in writ- ing ; in New York, though the law does not de- mand that it be written, the Department recom- mends it (141), and half the disagreements arising between teachers and trustees would be prevented by it (N. Y.^^). A suitable form for such a con- tract is given on pages |^, ". &. If there be three trustees, the law explicitly requires that the contract be made by a majority ; and at ■ a meeting, of which all three have been notified (134, 135, 397,398, Penn./ 111.''). The consent of the three trustees separately makes no MAKING OF CONTRACT. 21 contract (397). A contract made by two trustees in the absence of the third from the district may be annulled at any time by a majority of the three (400). But a contract may be made by two trustees when authorized by the third (N. Y.^®), or by one trustee when authorized to act as agent for the three (N. Y.^^). A contract made by two trustees without consulting the third may be ratified at a subsequent meeting (400) ; and a tacit concurrence of the third trustee (N. Y.^"), or even of two trus- tees where the bargain is made with the third in good faith (398, 445), ratifies a fulfilled contract. c. Where the district has two trustees, in its tran- sition from three trustees to one, the contract should be made at a meeting of both. But when one gives to the other due notice of a meeting which the other neglects to attend, a contract of the one with a teacher satisfactory to the inhabi- tants of the district may be approved (400). 22 THE teacher's contract. CHAPTER III. CONDITIONS OF CONTRACT. Contracts should be specific upon three points : 1. Duration. — This may be either conditional or definite. a. If hired ' ' during the satisfaction of the dis- trict, ' ' the teacher may be dismissed unless he can prove that satisfaction exists (N. Y.,^^ K.^). But if hired for one month, to continue if satisfactory, and not discharged at the end of the month, he cannot be subsequently disharged without other cause (404). h. Contracts may be made for a certain number of months, weeks, or days ; though the Depart- ment recommends that it be by the week (141). The month is regarded as a calendar month ; *' from a given day in one month to the same day in the following month" (403). This supplants that decision of the Department dated April 15th, 1854 (N. Y.^^), which made twenty-four full days, exclusive of holidays, constitute the month. In Maine, four weeks of five and one half days each constitute the month ; in New Jersey, Ohio, Mich- igan, Wisconsin, Iowa, Kansas, California, and other States, four weeks of five school-days each constitute a month. In Pennsylvania, Illinois, and Kentucky twenty-two school-days make a legal month. CONDITIONS OP CONTRACT. 23 c. Holidays. — Unless otherwise specified, the contract requires no school upon Saturdays, Sun- days, January 1st, February 23d, May 30th, July 4th, December 25th, any general election day, or any day appointed by the Governor or President for thanksgiving, fasting, prayer, or other religious observance (N. Y.^^). For these days no deduction from wages is to be made. But if the teacher keeps the school open on a holiday, he is not en- titled to have such day's service counted in lieu of another day not a holiday, except by agreement with the trustees (402). d. Teachers^ Institute. — In allotting school money, the statute allows that a deficiency of not more than three weeks in the twenty-eight be excused when such deficiency was caused by the attendance of the teacher at an institute during his term ; and decisions of the State Superintendent later than that of Superintendent Rice (402) require that wages for such time spent at an institute shall be paid to the teacher by the trustees. In a letter to Commissioner Cottrell, of Allegany County, dated February 23d, 1876, State Superintendent Gilmour thus decides this matter : " A teacher is entitled to pay for the time spent in attending a regular session of the county insti- tute, even though the trustee does not consent to such attendance. A trustee is not authorized to give the teacher the time spent by the latter in at- tending a voluntary teachers' association. With the consent of the trustee, a teacher may make 24 THE teacher's contbact. up ' lost*time, ' by teaching on Saturdays or legal holidays." So in California, ' ' when the institute is held during the time that teachers are employed in teach- ing, their pay must not be diminished by reason of their attendance" (Cal.^). 2. The Teacher's Duties. — To be entitled to the fulfilment of the contract, the teacher must fulfil tliese obligations : a. To Keep a Successful School. — What is im- plied in this phrase has already been indicated. 5. To Keep School Open every Sclwol-day. — Absence for a single day without consent of trustees annuls the contract (406), even though the consent of one of three trustees has been obtained (N. Y.^'^). Upon stormy days, when no pupils come during the first hour, the teacher may go home, but if a single pupil comes the teacher should devote to that pupil the whole six hours (Ky.^- A. teacher voluntarily leaving before the close of the term, though at the request of the trustees, can recover wages only for time taught (403). In Vermont, a teacher who contracts to teach for a definite term and leaves the school without just cause cannot sustain an action for such services as were rendered (Yt.^^). A teacher finding the school-house locked against him, and leaving without application to the trustees, abandons the contract (405). But a teacher leaving his school because not sustained by the trustees in the enforcement of reasonable rules CONDITIONS OF CONTRACT. 25 is entitled to wages for the time taught (405). A teacher who was hired for three months had taught six weeks. The district became dissatisfied, only one or two scholars attended, the stove-legs and pipe were carried from the school-room, and the teacher had to close school. By request of the committee, he held himself ready to complete the term, but the committee did not put the building in order. He recovered wages fpr the full term (111."). c. To Instruct all Pupils Admitted. — The question sometimes arises whether the teacher must instruct scholars of more or less than school age, or from outside the district. The answer is plain. The trustees have sole authority to admit pupils or to exclude them, and the teacher must instruct such pupils as they receive (Wis.''). d. To fill the blanks in the School Register, to preserve it, to verify its correctness by oath, and to deliver it to the district clerk. If the Register be lost by carelessness, the teacher is entitled to no paj'^ for his services, and from this duty the trus- tees have no right to excuse him (Mass. , ^ N. H. , ^ Vt.,* etc.), but may draw pay if he can make oath that it was correctly kept, and lost or stolen through no fault of his (411). Trustees may per- mit a teacher to fill up the blanks afterward, if the district do not thereby lose its school money (K. Y.^"). e. Janitor Worh — ^Any other duties than these imposed upon the teacher, such as sweeping the 26 THE teacher's contract. school-house, must be expressly stated in making the contract. The teacher cannot be compelled to do janitor's work on the ground of local custom (Ind.^^). " A teacher who contracts simply to teach a school for a given number of months, for a given sum, is under no obligation to cut or carry in the fuel, sweep the school-house, or make the fires. It is as much the duty of the Board to have these things done (by the teachers and pupils if they 'Dolunteer to do them, or by paying for them other- wise) as it is to furnish a broom or a stove. The Board has no power to compel, by rule, either teacher or pupils to do these things. But there will never be any trouble over this question except where there is outside meddlesomeness and internal contrariness" (Mo.^). " In common district schools such duties are, it is true, generally attended to voluntarily by the teachers and larger scholars, and it is an economical and commendable custom. But it must be voluntary ; it is not one of those customs to which long acquiescence has given the force of law" (Ky.'). The trustees cannot deduct from the teacher's wages the sura they have paid for care of the school-house (N. Y.^^). 3. The Amount and Manner of Payment. — Contracts by the week are the most definitely un- derstood, and payment once in four weeks is desir- able when it can be made convenient. Payment must always be made in cash. Debts or notes due third parties, even the trustees, can- not be offset against the teacher's wages (402). CONDITIONS OF CONTRACT. 27 Even when the teacher is a minor, the payment must be made to him, and not to his parent or guardian (Ky/). a. How to Enforce Payment. — In case the trustees neglect or refuse to pay the wages due, after the public money has been received by the supervisor, they may be sued as a quasi corporation, possessing power in this case and for this purpose to bind their district, and to create a corporate liability which will attach to their successors in their of- ficial capacity (N. Y.^^) A promissory note made to a teacher for wages earned in the employment of the district is within the scope of this power, and may be safely received and negotiated by the teacher (N. Y."). 28 THE teacher's contract. CHAPTER IV. BREAKING OF CONTRACT. A TEACHER once employed by trustees cannot be dismissed during the time for which he was to continue, without some violation of the contract upon his part (R. 142). But trustees may dismiss the teacher : — 1. If he close the school upon any school-day (see page 24). 2. If his certificate be annulled, even though the annulment be j)lainly illegal and an appeal be made to the State Department (see page 6). 3. If they are convinced that he is unfit for the place through incompetence or immorality. a. Usage in Different States. — ^Pennsylvania, Il- linois, and Kansas give as causes for dismissal : incompetency, cruelty, negligence, or immorality. Ohio : inefficiency, neglect of duty, immorality or improper conduct. Indiana : incompetency, immorality, cruelty, or general neglect of the busi- ness of the school. Iowa : incompetency, partial- ity, or dereliction in the discharge of his duties. Wisconsin : want of sufficient learning, ability to teach, capacity to govern and arrange the school, or of good moral character. In Maine, the commit- tee may dismiss a teacher ' ' who is found incapa- ble or unfit to teach, or whose services they deem unprofitable to the school." In Massachusetts the BREAKING OF CONTRACT. 29 committee may dismiss any teacher " whenever they think proper" (Mass/). In most States mere dissatisfaction of scholars and parents is no cause for dismissal (Vt/). In Kentucky the causes given are incompetency, neglect of duty, immoral con- duct, unacceptdbility, or other disqualification (Ky. ^) ; but it is repeatedly affirmed that the jyt^efer- ence of a majority of the patrons, even if expressed in a written memorial, is not " unacceptability" in the meaning of the law, but that specific grounds must be stated and made clear icTiy a teacher is unac- ceptable ; that a teacher should not be displaced except on the clearest proof and after thorough in- vestigation ; and that a teacher wronged in this respect might seek redress for damages (Ky/). &. Incompetence must de Marhed. — Incompetence should be marked to justify trustees in this action. One decision of the State Department upon an ap- peal against dismissal reads thus : " The incom- petence of the appellant I do not think so conclu- sively proved as to sustain the presumption of a non fulfilment of contract by him, though from the testimony on both sides I am disposed to rate him considerably below the grade of a first-class teacher. Still, the trustees can hardly expect to get all the manly and scholarly virtues for $15 a month :" and the appeal was sustained (404). For inflicting unjustifiably severe punishment upon pu]oils for comparatively slight offences, the teacher should be discharged as either incompetent 30 TECE teacher's CONTRACT. to discharge his duties properly as a teacher, or as wilfully regardless of them (N. Y.^''). c. A Case in Rhode Island. — Extracts from two decisions by State Superintendents illustrate clearly the law upon this subject : ' ' The case then must turn on the questions whether or not Smith did comply with the regula- tions of the school-committee, and whether he did really properly instruct and govern his school. . . . These facts appear clearly to be proved : . . . That there was a great amount of noise and confusion in the school-room ; that scholars were allowed to whisper ; that the room was not well ventilated, and that the modes of punishment were not proper ; all of which were in direct viola- tion of the regulations for schools posted by the committee on the wall of the school-room ; and fur- ther, that Smith himself was boisterous and rough in his manner, and not only neglected to give in- formation and assistance to his scholars when asked, but that he allowed the scholars to miscall or mis- pronounce words in their reading lessons without correction ; and, in general, that the scholars did not improve, and were merely losing their time and making a waste of the public money. These being the facts in the case, . . . the school commit- tee of Smithlield only discharged the duty imposed upon them by the law and by their oath of office, and their act ought to be sustained " (R. I.^). d. A Case in New York. — " The annulment of the license dissolves all contracts entered into by vir- tue of its sanctions. But can the fulfilment of a contract be avoided only in this way ? Until the license is revoked, are the trustees bound to retain a teacher obnoxious to the district through immor- ality, ignorance, or inefficiency ? The affirmative BREAKESTG OF CONTRACT. 31 of this is a too popular fallacy. The admission of it would be subversive of the principles already enunciated as pertaining to the essential nature of contracts. It cannot be supposed that in case a charge of gross immorality, specifically urged, car- rying w^ith it a strong presumption of its truth, were brought against a teacher the trustees must wait for the tedious delay of a formal hearing in the case before a Commissioner, and abide the event which may be determined through insufficiency of evidence, while the moral conviction of the truth of the charges preferred is still strong and abiding. The presence among pupils of a teacher against whom such suspicions should rest, must, of itself, from the suggestions to which it would give rise, promote conditions of mind opposed to the develo^^- ment of virtue and purity of heart. ' ' This consideration alone would justify the trus- tees in a summary dismissal of the teacher. This, to be sure, is an extreme case, but it is sufficient to illustrate and to establish the principle ad- vanced, that the trustees maybe justified in the dis- charge of a teacher before the close of the term specified in his contract. In determining what con- stitutes such justification, it is difficult, not to say impossible, to establish uniform rules. ' ' The decision as to the propriety of the act, and the power to perform the act, alike rest with the trustees. For an abuse of their discretion, or an unwarrantable exercise of their authority, they are of course responsible. On complaint of the party sustaining what he considers a grievance or wrong, the issue becomes one of fact, and it devolves upon the trustees to show by evidence that the teacher lacked the character, the ability, or the will essen- tial to a proper discharge of his duties, and that he failed thus to fulfil the obviously implied con- ditions of his contract. The mere fact of dissatis- 32 THE teacher's contract. faction on their part, or that of the inhabitants, is not sufficient to justify their discharge of a teacher employed for a definite period. The tribunal be- fore whom the action is brought, as the court, a jury, or this Department, are the constituted judges of fact, and will determine, from the evidence pre- sented, whether the incompetence of the teacher, as resulting from ignorance or indifference, is fully proved, and hence his discharge upon the ground of a violated contract clearly justified. " In the case here presented, the trustees offer evidence bearing upon the management and general deportment of the appellant in the school-room, and his intercourse with his pupils, tending to show disregard to the proprieties and courtesies in- cident to his position. Trijiing and irrelevant con- versation, oft indulged and long continued with the pu- jnls in school hours /prying and impertinent questions in regard to domestic affairs ; low, and at the least suggesti'vely vulgar, remarks to the older female pupils ; rude, l)oisterous, and harsh language, as a means of or sid)stitute for discipline, are alleged and proved by the testimony of his pupils, with a circumstantial minuteness that requires emphatic denial or plausi- able explanation to invalidate or palliate. The ap- pellant rests with a vague declaration concerning the colorable nature of the testimony, and with af- fidavits relative to the satisfaction uniformly attend- ing his engagements as a teacher heretofore in the same vicinity. " These are insufficient to rebut the presumption raised by the evidence submitted by the trustees, that they were justified in their dismissal of the appellant. They have raised that presumption strongly in their favor, and the appellant has failed to meet the issue. It is proper and just to remark, that the justification of the trustees does not pro- ceed from any alleged or proved inability or immor- BREAKING OP CONTRACT. 33 ality of the appellant ; his literary qualifications and his moral character stand unimpeached, and, it is to be hoped, unimpeachable. But his inefficiency appears to have been the result of gross negligence and indifference — a debilitated will, rather than of inherent depravity or defective scholarship, a fault which It is earnestly hoped the wholesome practical discipline of this experience will serve to eradicate. " Under the view of the case as above presented, therefore, I must decline to interfere with the ac- tion of the trustees, and hold that they have pre- sented a sufiicient justification therefor" (N. Y.^''). 4. The Teacher's Defence. — A teacher feel- ing aggrieved by the action of the trustees in dis- charging him may either appeal to the State Su- perintendent, or sue them for his wages, and thus compel them to show cause for his dismissal, and to support their allegations by adequate proof (Ky.^°). " After a teacher has obtained a certificate, been employed, and entered upon his duty, he should not be discharged without the clearest proof of his incompetency or palpable neglect of duty, in de- fault of which on the part of the trustees inferior courts should find for the teacher. The testimony of the pupils as to the teacher's fidelity is to be received with much caution, and occasional or tri- fling errors in recitation, or inaccuracies in scholar- ship, or casual laxity in discipline, or tardiness of action, or failure to secure the rapid advancement of particular scholars — ^these things, whether al' leged or real, are inconsequential when weighed against the favorable presumption warranted by the possession of a legal certificate, and the evi- dence of general success and fidelity" (111.^^). PAKT III.-THE TEACHER'S AUTHORITY. CHAPTER y. ABSENCE AND TARDINESS. The general management of the school devolves by law upon the trustees, and in large towns is commonly regulated by their distinct orders. But in smaller districts, the trustees being often incom- petent or indifferent, much of this authority is in- trusted to the teacher or assumed by him. Indeed, many things must necessarily be left to his discre- tion. " The law prescribes the branches to be taught, and the Board may add others ; but neither the law nor the Board prescribes the precise methods of teaching and handling classes. The teacher may require, for instance, that the class in grammar shall compose as well as analyze ; that a class in geography shall draw maps as well as recite from the book ; work examples on the blackboard as well as on the slate. The Board makes general rules. The teacher may and must have some rules to kee]3 order, and may enforce them, although the board makes no rules at all — which is usually the case. "Where the board makes rules, the teacher must carry them out; but from the nature of the case, and entirely apart from what the Board does, ' ABSENCE AKD TARDINESS. 35 he must govern the school, and to this end enforce obedience : it being understood, of course, that he is not unreasonable in his requirements" (Wis.^^). Yet it must never be forgotten that in regard to the Horn's of School, the Course of Study, the Adoption of Text-Books, the General Kegulations, and the Expulsion of Pupils, the action of tlie teacher has no legal force until formally endorsed by the trustees. However unbounded the confi- dence placed in him, a wise teacher will secure the sanction of the trustees before he announces his own course as to these questions. 1. The Houks of School. — a. Usage. — The hours of school are usually six, three in the morn- ing and three in the afternoon, with recesses in the middle of each session of ten minutes for the boys and ten minutes for the girls. Obvious hygienic requirements make recesses for each sex indispensa- ble where the playgrounds are not wholly distinct. It is becoming customary to dismiss primary classes before the close of each session, and is usually ad- visable. In California, " no school must be contin- ued in session more than six hours a day ; and no pupil under eight years of age must be kept in school more than four hours a day" (Cal.^). In Kentucky, the youngest class cannot be confined more than three hours a day (Ky.^). But in these matters the teacher is expected to follow the usage of the district, unless authorized by the trustees to make changes. It has even been held in Wisconsin that " the school-day is fixed by a custom so uni- 36 THE teacher's authority. versal and well understood as to have almost the force of law, at six hours. If a district were to de- part from this rule, it is doubtful if it would be en- titled to draw school money. When the law says * 100 days shall be understood to constitute the five months required, ' it must be understood to mean 100 school-days of six hours each, and not 150 days of four hours each" (Wis.^^). In New York, how- ever, this matter is wholly in the hands of the trus- tees, and many schools have but one session of five hours, instead of two of three hours each. 1). Instruction in Outside Branches. — In Kentucky, teachers are allowed, with the consent of the trus- tees, to give instruction in branches outside of the regular course of study during school hours, and to charge tuition therefor (Ky."). This is an unusual and an unwise privilege, as it tempts the teacher to neglect the important branches for those which may be superinduced but should never be substituted. c. Regularity and Punctuality Compulsory. — In regard to the hours of school and the regularity of attendance, recent decisions show that rules estab- lished by the trustees are absolute and final. The Supreme Court of New York decides that the rule requiring regular and prompt attendance is for tlie good of the pupil. It also says that the good of the whole school cannot be sacrificed for the advan- tage of one puj)il who happens to have an unrea- sonable father ; and as the law now is, no other means can be devised for enforcing regular and prompt attendance than the penalty of expulsion ABSENCE AND TAKDDiTESS. 37 (N". Y.^®). In Massachusetts, the committee have ' ' the power of determining what pupils shall te re~ ceived and what pupils rejected. The committee may, for good cause, determine that some shall not be received ; as, for instance, if infected with any contagious disease, or if the pupil or parent shall refuse to comply with regulations necessary to the discipline and good management of the school ' ' (Mass. "). (See also Me. , ^ N. Y. , ^'^ Yt. , « la. ^) In 1853, the New York State Superintendent de- cided that ' ' teachers have the right to close the doors of their school-rooms against all pupils who may claim admission more than fifteen minutes af- ter the time of opening the school " (N.Y.^"). But more recently the State Superintendent has ruled that the teacher should not keep tardy pupils in the entry, especially in cold weather (N. Y.*^). In 1875 the Board of Education of Hornellsville, N. Y. , adopted a rule that in every case of absence of a pupil for more than five days during any term for any other cause than sickness or death in the family or religious observance, the absentee shall be suspended until the beginning of the next term. Its legality being questioned, the State Superinten- dent replied : " Under the provisions of the law cited in your letter of the 19th inst., your Board of Education undoubtedly possesses the power to suspend pupils from school for causes which seem to them to merit such treatment. In my judgment, however, it would be unwise to enforce strictly the rule re- ferred to in your letter. The object and intention 38 THE teacher's authority. of the law is to get pupils into the schools — not to keep them out." (a) Exercises Outside the School Building. — In 1874, two girls in the Dover (N. H.) High School refused to attend examination and graduation in the City Hall on the ground that it was too public. The principal suspended them. Their parents applied to Judge Doe for an injunction against the suspen- sion, and the case was referred to the full bench at Concord. The application was denied, on the ground that the subject-matter was within the ju- risdiction and discretion of the school authorities. (/3) Catholic Holidays. — In 1875, certain Catholic children of Brattleboro were expelled from the schools for attending Mass on the holy day of Cor- pus Christi, though their pastor, Father Lane, had asked permission from the committee for their non- attendance at school that morning. Judge Bar- rett, of the Supreme Court, decided that the com- mittee were legally justified in acting as they did ; and went on to show that school-committees are supreme in their rights over parents ; that a citizen has no more right to disregard the rules made by a school-committee than he has to defy the law by which the committee was empowered. (7) The Jeicish Sablyath. — In 1875, a Jewish girl was expelled from the Sherwin School, Boston, for not attending the Saturday sessions. What fol- lowed is told thus : " The father sent a petition to the Board. That petition was referred to the Sherwin committee. ABSENCE AND TARDINESS. 39 They heard the father's statement. He explained why he had kept the child from the school, and the position of the Israelites in respect to Saturday, their Sabbath. He asked that he might be per- mitted to send his child to school five days in the week, keeping her from school every Saturday. It was explained to him why the committee could not officially make such an exceptional arrange- ment. They respected, however, the father's scruples in regard to work on the Sabbath, and ■ agreed that the child might be excused on Satur- days from what he regarded as ' manual labor ' — writing, ciphering, and the like. The father seemed satisfied with the action of the committee ; and his child has ever since been a regular attend- ant upon the school. ' ' (6) A Caution, — It is therefore safe to consider this the prevailing law, at least in the Eastern States. But we believe it to be thoroughly unjust, and likely to work our school system serious injury. In this last case, we have intolerance enforcing hypocrisy. The child's religion either does forbid her to work on the Sabbath, or it does not. If it does not, there is no reason why she should ' ' write, cipher, and the like, ' ' as well as the rest. If it does, then she should not attend school at all. Her presence, under these conditions, teaches every Christian pupil in school that one's lesson may be studied or any mental labor done on Sun- day which does not involve " writing, ciphering, and the like." Opposing Decisions. — Moreover, there are decisions on record which conflict with those we have cited. 40 THE teacher's AUTHORITY. The Supreme Court of Illinois has decided that " school-directors can expel pupils only for dis- obedient, refractory, or incorrigibly bad conduct, after all other means have failed. Expulsion is not designed as a means of punishment" (lU.^). This decision is quoted and endorsed by the State Superintendent of Iowa (la.^). Judge Higbee, of the Fulton County (111.) Circuit Court, decided that neither school-teachers nor school-directors can expel a child from the public schools for absence. Such expulsion he holds to be arbitrary, unjust, and unlawful. He assigns but one cause for ex- pulsion, and that is " incorrigibly bad conduct" (111.®). In Wisconsin, the Superintendent decides that ' ' to lock the door against tardy pupils, say at ten o'clock, is of doubtful propriety. The school- house is a public place. The tardiness may not be the fault of the child. It might be a serious dis- comfort to the child to be turned back home. Let the school be made attractive" (Wis.^°). And again : ' ' Tardiness is, of course, a great annoy- ance. It is difficult to say how far the courts would sustain rules excluding pupils from school for being late. It is doubtful whether it is good policy to turn tardy pupils into the street, perhaps to get into mischief ; perhaps to suffer from cold, waiting outside ; certainly to lose more time. Persuasion, attractive exercises in the morning, an attractive school, privation of recess, final degra- dation to a lower class if all fails, would perhaps be better remedies" (Wis.^). CONTROL OF CHILD'S STUDIES. 41 CHAPTER VI. CONTROL OF THE CHILD'S STUDIES. 1. Usually Attributed to the Trustees. — In New York, the power not only of selecting the branches to be taught in school, but also of requiring the pupils to pursue them, has been explicitly at- tributed to the teacher, subject to the control of the trustees. Thus composition maybe required of all (N. Y.*^), and a girl may be expelled for refus- ing to declaim, even though her father has con- scientious scruples against females' speaking in public (K. Y.''^). In November, 1871, Superinten- dent Clark, of Defiance, Ohio, suspended the son of J. J. Sewell, for persistent failure to have at the proper time his rhetorical exercises. The father brought suit for $1000 damages. On appeal to the Supreme Court, under § 54 of the act of May 1st, 1873, the decision of the lower court was af- firmed that there was no cause of action, and the defendant was allowed the costs of prosecution (Ohio^). But this power should be exercised with moderation ; for though the courts of other States have, in many instances, sustained this view of the teacher's authority (Me.,* Yt.,'' Mo.,' Wis.,^ Ky. , '^' " Mass. ®), yet the Supreme Court of "Wisconsin has recently decided that parents have the privi- lege of limiting and naming the studies their chil- 42 THE teacher's authority. dren shall pursue in the public schools, providing they designate such studies as are there taught. 2. The Wisconsin Decision. — a. The Case. — The case was as follows : " Upon the 18th of December, 1872, Annie Mor- row, a qualified teacher under a contract with the District School Board, commenced teaching a dis- trict school in Grant County. James Wood, an in- habitant of the district, sent his son, a boy about twelve years of age, to the school. The defendant wished his boy to study orthography, reading, writ- ing, and also wished him to give particular atten- tion to the subject of arithmetic, for very satisfac- tory reasons which he gave on trial. In addition to these studies the plaintiff at once required the child to also study geography, and took pains to aid him in getting a book for the purpose. The father, on being informed of this, told the boy not to study geography, but to attend to his other studies, and the teacher was properly and fully advised of this wish of the parent, and also knew that the boy had been forbidden by his parent from taking that study at that time. But claim- ing and insisting that she had the right to direct and control the boy in respect to his studies, even as against his father's wishes, she commanded him to take his geography and get his lesson. And when the boy refused to obey her and did as he was directed by his father, she resorted to force to compel obedience. All this occurred in the first week of school Under the circum- stances, tlie plaintiff had no right to punish the boy for obedience to the commands of his father in respect to the study of geography. She entire- ly exceeded any authority which the law gave her, and the assault upon the child was unjustifiable" (Wis.^"). CONTROL, OF CHILD'S STUDIES. 43 1). Opinions. — The following expressions of opin- ion by leading educators will be found of interest. Assistant Superintendent J. B. Pradt, of Wiscon- sin, says : "I should have held with the Circuit Court, that the teacher, not as an individual, but as the representative of the school authorities, is justified in requiring the pupil to attend to the usual studies of his class, and that if exemption is granted in any special case, it should be, not at the demand of the parent as a right, but with the consent of the Board But if the teacher, who very likely was young and inexperienced, had been thoughtful enough to refer the matter to the Board, and the Board had sustained the position that all pupils must take all the studies of the class un- less exempted on request of the parent, as a favor, the question of paramount authority would have been raised in a more satisfactory way, and the judgment of the higher court would have covered a broader ground " (Wis,"), Superintendent J. P. Wickersham, of Pennsyl- vania, prefaces a report of the decision with this re- mark : " We are not quite sure that the decision would be considered good law in Pennsylvania, and yet it seems to rest on ground of considerable strength. ' ' He also quotes these conclusions of Superinten- dent Bateman, of Illinois : " (1) Pupils can study no branch which is not in the course prescribed by the directors (trustees). " (2) Pupils can study no branch of such pre- 44 THE teacher's authority. scribed course for which they are not prepared, of which preparation the teachers and directors shall judge. ' ' (3) Pupils shall study the particular branches of the prescribed course which the teachers, with consent of the directors, shall direct, unless hon- est objection is made by the parents. " (4) If objection is made in good faith, parents shall be allowed to select from the particular branches of the prescribed course for which their children are fitted those which they wish them to study ; and for the exercise of such right of choice the children shall not be liable to suspen- sion or expulsion." This fourth conclusion is pronounced sound by Superintendents Conant, of Vermont ; Briggs, of Michigan ; Etter, of Illinois ; and Burt, of Minne- sota. It is considered unsound by Superinten- dents Kiddle, of New York City ; Philbrick, of Boston ; Harris, of St. Louis ; Stockwell, of Rhode Island ; Newell, of Maryland ; Smart (C. S.), of Ohio ; Smart (J. S.), of Indiana ; Henderson, of Kentucky ; and Trousdale, of Tennessee. Suj)er- intendents Apgar, of New Jersey, and Abernethy, of Iowa, state that in these States the law explicitly confers all right in this matter upon Boards of Education. Letters from these gentlemen appeared in full in the School Bulletin for June, 1875, and in the first edition of this volume. c. Legal Decisions. — In Iowa it is decided : " That the father has the right to the care and the cus- tody of his minor children, and to superintend their education and nurture, is a proposition that CONTROL OF CHILD 's STUDIES. 45 does not admit of reasonable doubt" (la.^). In Illinois, a boy had omitted, on account of ill- health, the study of English grammar. On appli- cation he was admitted to a high school. The teachers of the school discovered that he was de- ficient in this study, and they required him to pass an examination for it. Not complying, he was ex- pelled. A mandamus was issued to compel the trustees to admit him again. The trustees took an appeal, and the Supreme Court afiirmed the de- cision of the lower court (111.^). In the same State, a young lady was expelled from a public school because, under the direction of her parents, she re- fused to study book-keeping. She instituted an action of trespass against the directors and princi- pal of the school, and on trial in the court below the jury found a verdict in her favor, and assessed the damages at |136. On appeal it was afiirmed by the court that " a statute which enumerates the branches that teachers shall be qualified to teach, gives all the children in the State the right to be instructed in those branches. But neither teach- ers nor directors have power to compel pupils to study other branches, nor to expel a pupil for refus- ing to study them" (111.*^). d. A Late Decision in New Yorh. — Even in New York a test case was recently decided in accord- ance with the rulings just given. Carl Hallet, a pupil in the Union Free School at Riverhead, refused to declaim, following in the matter his father s directions. He was expelled from school, 46 THE teacher's authority. and action was brought against the principal and Board of Education before the Supreme Court, April 26th, 1877. In his charge to the jury, C. E. Pratt, Justice, spoke as follows : " In my private opinion this requirement upon the part of these trustees and of this teacher was a perfectly reasonable one, and one which they should have been permitted to enforce. I may say further, and I think you will all agree with me, that it is utterly useless to attempt to conduct a public school unless there is secured by certain rules and regulations a thorough discipline ; and more particularly is it necessary that it should be understood by those who partake of the benefits of the system, that the rules, whatever they may be, are to be impartially and invariably enforced. ' ' In thus stating my private opinion, however, I would impress upon your minds the fact that it is immaterial what may be your or my personal feel- ing upon any matter of this kind. We are bound to accept the law as we find it. If the law is wrong it is not for you to rectify it. There is no safety in the administration of justice unless the laws are strictly carried out. In this case I am confident there are members upon this, jury who, controlled as they are by feelings of regard for the common- school system, and knowing as they do the necessity of upholding the hands of those who have the schools in charge, would hesitate for a long time before rendering any verdict against the defend- ants, however clear the law might be, if any excuse could be found which would satisfy their con- sciences in thus withholding it. Hence, in order that this question may be determined, I propose to relieve you from any responsibility in deciding the main issues in this case by saying to you that you must find a verdict for the plaintiff ; and the only CONTROL OF CHLLD's STUDIES. 47 question which I propose lo submit to you is that of damages. And while stating to you, as I have done, my private opinion and feeling upon this sub- ject, I must at the same time say, that from read- ing the decisions of courts in other States upon laws the provisions of which are similar to those under which this school in question was established and is regulated, I feel constrained to say that tliere must, upon the facts of this case, be technically a verdict for the plaintiff. ' ' In explanation it is perhaps proper that I should state that the rule of law is that this board of trustees may- designate a course of study, within the authority delegated to them by stat- ute, and that they may also prescribe the text- books to be used in pursuing this course of study. And you see the necessity of this. It would be utterly impossible to conduct any school if every parent should undertake to dictate as to the character of the text-book to be used by the scholar. Take a school of two or three hundred scholars and as many different kinds of text- books, and you would have about as many classes as students ; and hence the school could not be classified at all, and the great object in view, that is, the public benefit which is to be obtained from the grouping together of children and educating them at the public expense — would be utterly lost. The law has therefore provided that these trustees shall have a wide discretion in making rules, not only for the government and discipline of the school while it is in session, but also that they may regu- late the various classifications and gradations, and designate the text-books that shall be used in the school. ' ' But here comes the question whether, in ad- dition to the course of study prescribed by statute, the trustees shall be permitted to say that a child 48 THE teacher's authority. shall pursue a study which the parent, who is the guardian and has the control, nurture, and educa- tion of the child, desires that the child shall not pursue. I am constrained to Tiold the law to de that iDhere there is an irreconcilable difference of opinion between the teacher, or the board of trustees, and the parent, in regard to a study which is not included among those that the trustees are empowered to pre- serve, the will of the pa/rent must control. I think that the law has not taken away the natural right of the parent to control the education of the child in that regard ; and the parent is presumed to know the capacity, the temperament, and the quali- fications of the child, and his ability to take any particular study or not. When the teacher or the trustees undertake to say that a child shall pursue a particular study which is not included in the stat- utory list of studies I think they exceed their au- thority. And when that is made the basis of an attempt to deprive the child of its right to attend school, and enjoy the benefits which arise from the laying of a common burden upon the community, I hold that they are liable, technically liable, for the act. Of course the parent cannot dictate that the child shall take a study which is not included in the regular, prescribed list. This duty, this ob- ligation, its reciprocal. The parent cannot say that the child shall study any branch not prescribed, nor can the school authorities insist that the child shall pursue a study not in the prescribed list against the will of the parent." 3. Modern Tendency of Opinion. — It will be observed that this decision applies only to studies not prescribed in the statute. But as it plainly fol- lows the rulings of the Western courts, we close CONTROL OF CHILD'S STUDIES. 49 with a quotation from the Wisconsin decision al- ready referred to (Wis.") : " In our opinion, there is a great and fatal error in this part of the charge, in asserting or assuming the law to be that, upon an irreconcilable difference of views between the parents and teachers as to Mhat studies the child shall pursue, the authority of the teacher is paramount and controlling. We do not understand that there is any recognized principle of law, nor do we think there is any rec- ognized rule of moral or social usage, which gives the teacher an absolute right to prescribe and dic- tate what studies the child shall pursue, regardless of the views or wishes of the parents. Form what source does the teacher derive this authority ? Or- dinarily, it will be conceded, the law gives the par- ent the exclusive right to govern and control the conduct of his minor children ; it is one of the earli- est and most sacred duties taught the child to know and obey its parents. The situation is truly lamentable, if the condition of the law is that he is liable to be punished by the parent for disobey- ing his orders in regard to his studies, and the teacher may lawfully chastise him for not disobey- ing his parents in that particular" (Wis.^^). 50 THE teacher's AUTHORITY. CHAPTER VII. THE BIBLE AND RELIGIOUS EXERCISES. 1. The Law in New York. — In New York the decisions of the State Department have uniformly denied the right to insist upon religious exercises of any kind. In the year 1853, Margaret Gifford, a common-school teacher in South Easton, Wash- ington County, ordered William Callaghan, a pupil aged twelve years, ' ' to study and read the Protes- tant Testament." He declined to do so, on the ground ' ' that he was a Catholic, and did not be- lieve in any but a Catholic Bible." The teacher consulted the trustees on the subject, and on the next day again required the boy to read out of the King James Bible. The boy declared " his unwill- ingness to disobey the orders of his parents and vio- late the precepts of his religion, ' ' whereupon the teacher ' ' chastised him severely with her ferule and then expelled him ignominiously from the school. " An appeal was taken to Henry S. Randall, then Superintendent of Common Schools, who quoted and endorsed the following opinion of his predeces- sor, John C. Spencer : " Prayers cannot form any part of the school exercises, or be regulated by the school discij)line. If had at all, they should be had before the hour of nine o'clock, the usual hour for commencing school in the morning, and after five in the after- RELIGIOUS EXERCISES. 51 noon. If any parents are desirous of habituating their children to the practice of thanking their Creator for his protection during the night, and in- voking his blessings on the labors of the day, they have a right to place them under the charge of the teacher for that purpose. But neither they nor the teacher have any authority to compel the children of other parents who object to the practice from dislike of the individual or his creed, or from any other cause, to unite in such prayers. And, on the other hand, the latter have no right to obstruct the former in the discharge of what they deem a sacred duty. Both parties have rights ; and it is only by a mutual and reciprocal regard by each to the rights of the other that peace can be maintained or a school can flourish. The teacher may assemble in his room before nine o'clock the children of those parents who desire him to conduct their reli- gious exercises for them ; and the children of those who object to the practice will be allowed to retire or absent themselves from the room. If they per- sist in remaining there, they must conduct with the decorum and propriety becoming the occasion. If they do not so conduct, they may be dealt with as intruders" (K Y.*'). Superintendent Randall, after stating that this is the first instance in which an appeal in regard to the reading of the Bible has been brought before the Department, then goes on to discuss the general question of the connection of intellectual and reli- gious instruction, and concludes as follows : " I believe that the Holy Scriptures, and espe- cially that portion of them known as the New Testament, are proper to be read in schools by pu- pils who have attained sufficient literary and men- 52 THE teacher's authority. tal culture to understand their import. I believe they may, as a matter of right, be read as a class- book by those whose parents desire it. But I am clearly of the opinion that the reading of no ver- sion of them can be forced on those whose con- sciences and religion object to such version. " Assuming the facts stated in the complaint to be true, I consider the conduct of the teacher, Mar- garet Gifford, to be not only unwarrantable but barbarous. That she should not only ' ignomini- ously expel ' the pupil, but that she should gratui- tously inflict a preliminary castigation on a child of tender years, who plead the ' commands of his parents and the precepts of his religion ' against the obeyal of her orders, betrays feelings as unusual to her sex as repugnant to the mild precepts of that Gospel which, I trust, with honest though certainly with mistaken zeal, she was attempting to uphold. Perhaps she deserves a lesser measure of reprehen- sion if she acted, as would appear, though it is not expressly stated, under direction of the trustees. But neither the trustees, the majority of the peo- ple of the district, the town superintendent, nor all of these united, would have power to authorize such an outrage" (N. Y."). In accordance with this decision, it has been uni- formly ruled that pupils cannot be compelled to at- tend religious services (N. Y.^^), and that the law gives no authority, as a matter of right, to use any portion of the regular school hours in conducting any religious exercise at which the attendance of the pupils is made compulsory (N. Y.*®). The cities of Troy and Rochester have forbidden any religious exercises. But in most communities in this State, opening the school with Bible-reading RELIGIOUS EXERCISES. 53 and some form of prayer is considered unobjection- able and desirable. 2. In other States. — In Massachusetts, the law directs the committee to require the daily reading of the Bible, " but they shall require no scholar to read from any particular version, whose parent or guardian shall declare that he has conscientious scruples against allowing him to read therefrom" (Mass.''). In Maine, a requirement by the superin- tending school-committee, that the Protestant ver- sion of the Bible shall be read in public schools of their town by scholars who are able to read, is not in violation of any constitutional provision, and is binding upon the members of the school, although composed of divers religious sects (Me.*). In New Jersey, the school money is appropriated to public schools, provided that it shall not be lawful for any teacher, trustee, or trustees to introduce into or have performed in any school receiving its propor- tion of public money, any religious service, cere- mony, or forms whatsoever, except reading the Bible and repeating the Lord's Prayer" (N. J.^). In Illinois, Judge Pillsbury has decided that the directors have a right to dictate what books shall be studied and used, and can, therefore, order the Bible to be read as a text-book in connection with other studies. This decision was rendered in a suit brought by a Roman Catholic, who had instructed his son to pay no attention while the Bible was read in school, but to go on studying his lessons. The lad was expelled, and the action of the school- 54 THE teacher's authority. mistress was justified both by the trustees and by the court (111.^). In Indiana, "the statute does not require, even by implication, that there shall be any devotional exercises or religious instruction in the schools, nor does it prohibit it. The legisla- ture, in the revision of the statutes of 1852, made provision for the reading of the Scriptures, in case it is desired, in any of the common schools ; and it has been so far acquiesced in by the people, that no question in regard to it has, as yet, come before the Supreme Court" (Ind.^). In Kentucky, the statute neither prescribes nor prohibits. " There- fore, if nothing sectarian is introduced, religious exercises are permissible " (Ky.^). In Iowa, " nei- ther the electors, the board of directors, nor the sub-directors can exclude the Bible from any school in the State " (la.'*). In Missouri, the directors may compel the reading of the Bible (Mo.*). In 1869, the Cincinnati Board of Education forbade the read- ing of the Bible in the public schools of that city. An appeal was taken to the courts, and in 1870 the Superior Court of Cincinnati decided against the Board of Education. In 1873, the Supreme Court of Ohio reversed this judgment and sustained the Board of Education (O.^. In 1875, the School Board of Chicago followed the example of Cincin- nati (111.^"), and forbade the reading of the Bible in the public schools. In 1878 the School Board of New Haven took similar action. SUSPENSION AND EXPULSION. 55 CHAPTER Vm. suspension and expulsion. 1. What the Teacher may Require of the Pupil. — It is a common custom to draw up, print, and conspicuously post a long series of regulations for the conduct of pupils in the school-house and about the grounds, the practical effect of which is to suggest to them many forms of mischief which their unaided ingenuity would never devise. It is only necessary here to remark that the law confers upon the trustees no power to inflict pecuniary fines (N. Y.,*^ Wis."), or to keep tardy pupils in the entry or outside the building, especially in cold weather (N. Y.*^). So far as these regulations per- tain to the necessary discipline of the school, the authority is in the hands of the teacher, and though the methods employed by him do not please the trustees, the teacher cannot be removed except for incompetence or cruelty (405). He can- not, however, compel pupils to do any janitorial work, like building fires, or sweeping the school- house (111.," la.,' R. I., 2 Wis.," Mo.,' etc.). In 1856, Judge Cutting, of the Supreme Court in Maine, decided that a boy attending school might be required by the teacher to build the fire at the school-house his proportion of the time, and sus- tained the teacher for flogging a boy because he 56 THE teacher's authority. refused to make a fire (Me.®). But this decision stands alone, and is not good law (Mass. ^). "A child who wantonly carries dirt into the school- room, or litters paper over the floor, may be re- quired to gather up such refuse as has been scat- tered. But this is as a punishment. It may be very desirable, under certain circumstances, to have such work done to save money ; but no court will sustain a board in suspending a pupil for refusal to do the work thus required " (111.," la.,^ Ky.^). 2. For what Pupils may be Expelled. — The right to attend school is not absolute, but is condi- tional upon compliance with the rules and regula- tions of the school (Vt.*^. The parent has no right to interfere with the order of the school or the progress of other pupils by sending his own child at times, and in condition or under restrictions that will prove an annoyance and hindrance to others (la."). a. The Teacher may Suspend. — ^Accordingly there is vested in the teacher the right to suspend, and in the board the right to expel pupils from school. " Judge Vincent, of Erie, Pa., in a recent charge ruled that, though the authority to suspend or ex- pel pupils from school is vested in the board of di- rectors, the teacher has the right to exclude a re- fractory pupil temporarily from school. We have long held the opinion that the right to exclude a pupil temporarily from school was, in the absence of law to the contrary, inherent in the teacher's office, and that the exercise of this right under some circumstances is a necessity" (O.^). SUSPENSION AND EXPULSION. 57 It has even been held that ' ' the master may ex- pel a scholar when in his judgment the good order and proper government of the school requires it, and if he errs in good faith in the discharge of his duty he is not liable to action therefor" (Vt.^). But it is generally understood that the power of the teacher extends only to temporary suspension, that the matter must be immediately brought be- fore the trustees, and that the trustees alone have the power to continue the suspension or to convert it into expulsion. In New Jersey, the statute di- rectly provides that the teacher may " suspend from school any pupil for good cause" (N. J.^) h. The Trustees may Uxjjel.—^^ 1^0 pupil can be expelled from the public schools for a frivolous or light or trivial cause. The teacher possesses the power and has the right to coerce obedience to the rules of school by proper and reasonable punish- ment, if it can be done, before the pupil is expelled from school. It is only when reasonable means or punishment of the refractory scholar have failed to induce obedience that he can be justified in expel- ling such scholar. If, however, a scholar persists in disobeying the teacher, after proper admonition or punishment, to such extent as to justify the be- lief that the course of disobedience will be con- tinued, then the trustees will be justified in expel- ling the scholar" (Ky."). In Rhode Island, the committee may suspend during pleasure all pupils found guilty of " incorrigibly bad conduct or of violation of the school regulations" (R. I.^). In 58 THE teacher's authority. California, " continued wilful disobedience or open defiance of the authority of the teacher constitutes good cause for expulsion, and habitual profanity or vulgarity good cause for suspension" (Cal.^). In Maine, the committee may " expel from school any obstinately disobedient and disorderly scholar, after a proper investigation of his behavior, if found necessary for the peace and usefulness of the school " (Me/). In Massachusetts, " the school- committee has authority, not subject to revision if exercised in good faith, to exclude a pupil from a public school for misconduct which injures its dis- cipline and management" (Mass., "' ^°). In Wiscon- sin, " a pupil can be expelled where no rules have been made, when flagrant misconduct or gross im- morality renders it necessary for the good of the school" (Wis.^^). "The law does not require a notice to parents of the intention to expel a pupil, or an opportunity for explanation or defence. The board has large discretionary power. This is one of the matters under their direction" (la.''). Trustees may expel pupils for open, gross Im- morality manifested by any licentious propensities, language, manners, or habits, though not mani- fested by acts of licentiousness or immorality with- in the school (Mass."), or for such violent insubor- dination against reasonable and proper regulations of the school as to render it impossible to maintain necessary discipline and order (132), or when in their judgment the good order and proper govern- ment of the school demands it (N. Y."). If trus- SUSPENSION AND EXPULSION. 59 tees will not expel them, a teacher may refuse to instruct large boys who treat her disrespectfully and refuse proper obedience. " A female cannot be expected to control large boys by physical force" (N. Y.*^). A boy expelled for impertinence should be readmitted if he apologizes (K. Y.^"), and cannot be required to apologize upon his knees (N. Y. ^^) . " Pupils who go to school without proper attention to cleanliness or neatness shall be sent home to be properly prepared for school " (Cal.^). In most States pupils may be refused admission whose parents fail to provide them with the prop- er text-books for their classes. All States make provision for supplying text-books to children whose parents are unable to purchase them. 3. How TO Enforce Expulsion. — If a pupil who has been suspended or expelled refuses to leave the building, the teacher or trustee may at once enter a complaint before any justice of the peace or city magistrate imder the following pro- vision : ' ' Any person who shall wilfully disturb, inter- rupt, or disquiet any district school or school-meet- ing in session, . . . shall forfeit twenty-five dollars for the benefit of the school district" (234, ■Wis.,^^ Me.,^ Ind.,^ Cal.,' K J.^). 4. How Long should Suspension Continue ? — a. A New Yorh Decision. — On April 8th, 1874, L. H. Hanchett was suspended from the Union School at Phoenix, N. Y. , " for disrespectful conduct and language towards his teacher," and the board re- 60 THE teacher's AUTHORITY. fused to restore him until he should make apology. He refused to make such apology, on the ground that he had been unjustly dealt with in reference io a certain examination, and more than a year af- terwards he appealed to the State Superintendent to be readmitted to the school without apology. The Superintendent's decision reads as follows : " The language of the appellant to his teacher was such as no provocation would ever justify a gentleman in using toward a lady, as the teacher is ; and the appellant's own sense of self-respect and of what under the circumstances was due from him to his teacher should have led him to make the apology of his own free-will, without a demand for it from the board in behalf of the offended par- ty. But it appears that the appellant persistently refuses to do not only the teacher but himself jus- tice in the matter, for in view of the offence com- mitted, making at least the reparation of an apol- ogy for the language used, was, in my opinion, an act of justice even to himself, which he should have been not only willing but eager to perform. But in view of the fact that the appellant has al- ready been kept from the privileges of the school for more than a year, and that such a suspension may be well deemed a sufficient punishment for the offence, committed as it probably was under unusual excitement and by a scholar of uniform previous good conduct, the appeal is, I must admit with considerable reluctance, sustained, and the re- spondents are directed to restore the appellant to all the privileges of the school, on presenting him- self for that purpose" (JST. Y.^^). The principle here affirmed is that when the sus- pension has been continued long enough to be a SUSPENSION AND EXPULSION. 61 sufficient punishment, the scholar must be received without acknowledgment of the wrong committed. h. The Usual View. — This is not the view com- monly held. In Maine, the statute directs the com- mittee to restore the pupil " on satisfactory evi- dence of his repentance and amendment" (Me.^). c. A Rhode Island Decision. — In Rhode Island the principle involved has been clearly stated. On March 9th, 1870, a scholar named Fuller resisted the authority of J. R. Davenport, principal of the Woonsocket High School. The teacher suspend- ed him. The committee justified the teacher in the suspension, but voted to restore the boy to the school unconditionally. The teacher appealed from the committee to the State Commissioner of Public Schools, who rendered the following decision : " In the case of Master Fuller, no punishment has as yet been inflicted for the offence committed, save that indirectly following the publicity of sus- pension from school ; and so far as the vote of the committee extends, there has been no requirement made which secures to the governing power of the school a recognition of the violation of law, or a proper pledge of future obedience. If the scholar so disobeying be allowed to return to the school- room without such acknowledgment of wrong, or a promise of future obedience, the discipline of the school would instantly be degraded to the posi- tion occupied by the offender, and to a state of dis- cord in harmony with the offence. On the other hand, the recognition, on the part of the offender, of the offence committed, as v/ell as an acknowl- edgment of the authority of the teacher to regulate the internal police of his school, with a pledge of 63 THE teacher's authority. future obedience, not only honors proper and legiti- mate government and establishes it upon a proper basis, but it also honors the instinctive regard for truth, virtue, and correct deportment on the part of those who may have fallen into a fault, perhaps hastily and thoughtlessly. ' ' Upon this view of the case stands the whole question of good government and discipline at home or at school. If the parent or teacher be at once deprived of the power of judging of the value of an offence, from its intrinsic character and its attendant circumstances, and also of the power to administer merited punishment for offences, as well as the granting of pardon and forgiveness on the ground of true reformation, the whole foundation and superstructure of disciplinary government are thrown down, and misrule must and will prevail. " The wise and judicious teacher is jealous of his true rights and prerogatives, and is the best judge as to the influences of the school-room, which help on the one hand to maintain, and on the other to sub- vert, good government. The look and the gesture may mean more of good or ill than the word and the act ; and it would not tend to the welfare of our schools, or to the support and dignity of home or school government, to subject every act of the teacher or the parent to the severe tests of legal scrutiny, or the partisan attacks of interested coun- sellors. In view, therefore, of the general appli- cation of the vote passed by the school committee of Woonsocket, by which said committee decided to admit Master Fuller to regular standing in the high school, and in view of its specific application to the school of which he was a member, as well as its practical influence upon all the schools of the town, if carried out, I am forced to the conclusion that it would not be for the welfare of the schools to allow this vote to be carried into effect, and I there- fore declare said vote to be null and void " (R. I.^), TEACHER AND PARENT. 63 CHAPTER IX. THE TEACHER AND THE PARENT. Except as to the power of compelling the pupil to attend school punctually upon all school-days (see Chapter V.), and to take all the studies pur- sued by a certain class (see Chapter YI.), the rela- tion of the teacher's authority to that of the pa- rents may be considered definitely established. 1. The teacher does not derive his authority from the parents. He holds a public oflice created by the law. He is legally responsible only to the trustees who hire him. Between the teacher and the child the parent can personally interfere only by removing the child from the school (N. Y./* Me.,^" Yt.^"). 2. The school-house is the school-master's castle. Upon this point the following forcible statement is fully warranted : " This old maxim of English law (5 Rep. 92) is as applicable to the school-master as to any other person who is in the lawful possession of a house. It is true that the school oflacers, as such, have cer- tain rights in the school-house ; but the law will not allow even them to interfere with the teacher while he keeps strictly within the line of his duty. Having been legally put in possession, he can hold it for the purposes and the time agreed upon ; and no parent, not even the Governor of the State nor the President of the United States, has any right 64 THE teacher's authority. to enter it and disturb him in the lawful perform- ance of his duties. If persons do so enter, he should order them out ; and if they do not go, on being requested to do so, he may use such force as is necessary to eject them. And if he finds that he is unable to put them out himself, he may call on others to assist him ; and if no more force is employed than is actually necessary to remove the intruder, the law will justify the teacher's act and the acts of those who assisted him" (27 Maine, 256 ; 1 City Hall Rec. 55 ; 2 Met. 23 ; 6 Barbour, 608 ; 8 T. R. 299 ; 2 Ro. Abr. 548 ; 2 Selk. 641 ; 1 C. & P. 6 ; 8 T. R. 78 ; Wharton's Am. Criminal Law, 1256), — The Lawyer in the School-Room^ 1871, p. 120. The teacher's best defence against querulous or insulting visits of parents to the school-room is found in that provision of the statute already once quoted (234, Wis.,'« Me,,^« Cal,,^ N, J.,' lnd,,« etc) : ' ' Any person who shall wilfully disturb, inter- rupt, or disquiet any district school . . . shall forfeit twenty-five dollars for the benefit of the school district, " It shall be the duty of the trustees of the dis- trict, or the teacher of the school, and he shall have the power to enter a complaint against such offen- der before any justice of the peace of the county. . . . The magistrate . . . shall thereupon cause the person to be arrested and brought before him for trial." The efficacy of this remedy against disturbance in the school-room should be more generally un- derstood by teachers. The law is explicit, and TEACHER AND PARENT. 65 any justice of the peace is obliged upon complaint of the teacher to bring the guilty party to trial. 3. In regard to what transpires by the way in going to and returning from school, the authority of the teacher is concurrent with that of the parent. To this point, we find in the decisions of New York but a single reference — the following para- graph in a Digest of the Common School System of the State, S. S. Eandall, 1844, p. 362 : " The authority of the teacher to punish his scholars extends to acts done in the school-room or playground only ; and he has no legal right to punish for improper or disorderly conduct else- where." — Per 8pencer^ Sv/pt. This opinion is not sustained by legal decision in any State (Vt.," Mass.; " but see Mass.'"). The law upon this subject is well summed up by Su- perintendent Briggs, of Michigan, in " The School Laws of Michigan," 1873, pp. 304-206. The ad- ditional references are our own. a. In the School-room^ Absolute. — " In the school- room the teacher has the exclusive control and su- pervision of his pupils, subject only to such regu- lations and directions as may be prescribed or given by the school board. b. On the Playground, Absolute. — " The conduct of the pupils upon any part of the premises connected with the school-house or in the immediate vicinity of the same (the pupils being thus virtually under the care and oversight of the teacher), whether within the regular school hours or before or after them, is properly cognizable by the teacher. And any disturbance made by them within this range, 66 THE TEACHEII'S AUTHOHITY. injuriously affecting in any way the interests of the school, may clearly be the subject of reproof and correction by the teacher. c. On the Road ^ Concurrent. — " In regard to what transpires by the way in going to and returning from school, the authority of the teacher may be regarded as concurrent with that of the parent. So far as offences are concerned for which the pu- pils committing them would be answerable to the laws, such as larceny, trespasses, etc., which come particularly within the category of crimes against the State, it is the wisest course generally for the teacher (whatever be his legal power*) to let the of- fenders pass into the hands of judicial or parental authority, and thus avoid being involved in contro- versies with parents and others, and exposing him- self to the liability of being harassed by prosecu- tion at law. But as to any misdemeanors of which the pupils are guilty in passing from the school- house to their homes, which directly and injurious- ly affect the good order and government of the school, and the right training of scholars, such as truancy, wilful tardiness, quarrelling with other children, the use of indecent and profane lan- guage, etc. , there can be no doubt that these come within the jurisdiction of the teacher, and are prop- erly matters for discipline in the school. A recent decision of the Supreme Court of Vermont illus- trates and fully accords with the foregoing posi- tions. The Court decided that such misdemeanors have a direct and immediate tendency to injure the school by subverting the teacher's authority, and begetting disorder and insubordination among the pupils. The same doctrine is substantially recognized by the Supreme Courts in some other * The teacher cannot punish a pupil for refusing to confess a crime for which he might be punished at \^\y.—Fuhlic School Actsof RJiode Idand, 1857, p. 53. TE ARCHER AND PARENT. 67 States. . . . The governing principle in all cases like the Vermont case is, that icJiatever in the misconduct of pupils under like circumstances, as to time and place, etc. , has a direct tendency to injure the school in its important interests, is properly a sub- ject of discipline in the school. It is sometimes objected to the foregoing views that the responsibilities of teachers are in this way enlarged to an improper extent ; that if their au- thority extends beyond the school-house limits and the school hours, their responsibilities must be in- creased in a corresponding ratio. But to this it may be answered, that the matter is to have a rea- sonable construction ; that it cannot be expected that a teacher will follow his pupils into the streets to watch their conduct when beyond his view and inspection; the extent of his duty in this respect can be only to take cognizance of such misconduct of his pupils, under the supposed circumstances, as may come to his knowledge incidentally, either through his own observation or other proper means of information. ' ' The rules and regulations of the public schools of Kentucky say : " The pupils of the school are under the authority of their teachers while in school and while going to and from school ' ' (Ky.^"), but "it is not to be inferred by this that the teacher is to be held responsible for such mis- conduct, or mws^ punish it" (Ky,^^). The same regulations in California state: "It is expected that teachers will exercise a general inspection over the conduct of scholars going to and returning from school" (Cal.®). In Indiana, "schoolteach- ers and trustees cease to have control over pupils 68 THE teacher's authority. when they reach home after dismissal from school. On the road they have control. They cannot com- pel pupils to study at home or anywhere except at school " (Ind.''). The Vermont case referred to by Superintendent Briggs was as follows. The de- fendant was the teacher of a district school in Bur- lington, and the plaintiff was a scholar eleven years old. One afternoon, an hour and a half after the close of school, after the boy had returned home from school, and while he was doing an er- rand for his father, the boy called the teacher ' ' Old Jack 8eaver^ ' ' in the presence of other schol- ars of the school. The next morning, after school had opened, the teacher whipped the boy with a raw hide, and the court sustained him (Vt.^'^). In New Jersey, the law provides that " every teachei: shall have power to hold every pupil accountable in school for any disorderly conduct on the way to or from school, or on the playgrounds of the school, or during recess, and to suspend from school any pupil for good cause" (N. J.^). In Iowa, '' if the effects of actions done outside of school reach within the school during school hours, they may be justly forbidden" (la.^). "That the teacher and parents \\QNe joint control over children on their way to and from school is a well-recognized princi- ple. The teacher ought to secure the co-operation of the parent in such matters, if possible, to avoid the continual friction caused by this joint control " (la.^). In Missouri, however, the Superintendent decides : " If the parent will not co-operate with TEACHER AND PARENT. 69 the board or teacher (the board's agent) by watch- ing over and controlling the child out of school hours, and off the school premises (when and where the board cannot exercise direct control or legal power), and such neglect of the parent works to the injury of school discipline or order, the board may expel the pupil" (Mo/). And in Rhode Isl- and, "the power to punish for offences out of school is doubtful " (R. I. ®). But Inspector Willm, of the academy at Strasbourg, gave as the French interpretation of the law : ' ' The road leading to the school is truly a part of it, if we may so speak, as well as the playground. Consequently, any dis- orders committed by the pupils on it ought to be suppressed" (France,^). And Horace Mann thus laid down the law which may be considered as still prevailing : " On the one hand, there is certainly some limit to the jurisdiction of the committee and teachers, out of school hours and out of the school-house ; and, on the other hand, it is equally plain, if their jurisdiction does not commence until the minute for opening school has arrived, nor until the pupil has passed within the door of the school-room, that all the authority left to them in regard to some of the most sacred objects for which our schools were instituted would be of little avail. To what purpose would the teacher prohibit pro- fane or obscene language among his scholars, with- in the school-room and during school hours, if they could indulge in it with impunity and to any extent of wantonness as soon as the hour for dis- missing school should arrive ? To what purpose would he forbid quarrelling and fighting among 70 THE teachek's authokity. the scliolarg, at recess, if tliey could engage in single combat or marshall themselves into hostile parties for a general encounter within the precincts of the school-house, within the next five minutes after the school-house should be closed ? And to what |)urpose would he repress insolence to him- self, if a scholar, as soon as he had passed the threshold, might shake his fist in his teacher's face, and challenge him to personal combat ? These considerations would seem to show that there must be a portion of time, both before the school com- mences and after it has closed, and also a portion of space between the door of the school-house and that of the paternal mansion, where the jurisdic- tion of the parent on one side and of the commit- tee and teachers on the other is concurrent ' ' (Mass.^^). Punishment even for offences out of school must, however, be inflicted only on the school premises. In 1859, a teacher in Bedford, Ind., named Ariel Flynn, punished a boy on his way home from school for an act which the teacher saw him com- mit at that time. The Court instructed the jury that although the defendant as a teacher was by law vested with the delegated authority to exer- cise control over the boy as his pupil during school hours, yet after the adjournment of his school, and after the boy had left him and was on his way home, his authority over him had terminated, and his act of administering correction under the cir- cumstances was unauthorized by law (Ind.^)]. 4. No Damages for Expulsion. — Nor do trus- tees make themselves liable for damages for expel- TEACHER AJSnO PARENT. 71 ling a pupil, even though the rule be unwarrant- ably severe, provided they act in good faith (Yt."). In a recent case (October, 1877) the Supreme Court decided that when trustees had expelled a pupil for attending a social evening party in viola- tion of a rule of the school, no suit for damao-es could be sustained (Dritt 'vs. Snodgrass). The Court said : ' ' Whether the rule was a wise one or not, the directors and teachers are not liable to an action for damages for enforcing it, even to the expul- sion of the pupil who violates it, "While this Court might, on tnandamus to compel the board and teacher to admit a pupil thus exj)elled, review the action of the board and pass upon the unrea- sonableness of the rule — which we do not, how- ever, decide here — ^yet the doctrine that the courts can do this is very different from that which would hold the directors liable in an action for damages for enforcing a rule honestly adopted for the maintenance of discipline in the school. That such an action is not maintainable is fully estab- lished by 38 Mo. 391 ; 23 Pick. 224 ; 14 Barb. 222 " (Mo.''). Judges Norton, Napton, Hough, and Sherwood concurred in the following views : ' ' It certainly could not have been the design of the Legislature to take from the parent the control of his child while not at school, and invest it in a board of directors or teacher of a school. If they can prescribe a rule wiiich denies to the parent the right to allow his child to attend a social gathering, except upon pain of expulsion from a school which 73 THE tbacheb's authority. the law gives him a right to attend, may they not prescribe a rule which would forbid the parent from allowing the child to attend a particular church, or any church at all, and thus step iji loco parentis and supersede entirely parental authority ? The directors, in prescribing the rule that scholars who attended a social party should be expelled from school, went beyond their power, and in- vaded the right of the parent to govern the con- duct of his child, when solely under his charge. My concurrence in the opinion of the court is based upon the sole ground that malice, oppression, and wilfulness on the part of the defendants are not sufficiently charged in the petition (Mo.'). 5. Detention after School. — " Teachers may, at their discretion, detain scholars a reasonable time after the regular school hours, for reasons con- nected with the discipline, order, or instruction of the school. This practice has been sanctioned by general and immemorial usage among the schools, and by the authority and consent of school boards, expressed or implied, and has been found useful in its influence and results. There is no law defining precisely school hours, as they are termed, or the hours within which schools are to be kept. This is regulated by usage, or by the directions of school boards, varying in different localities, and also in different seasons of the year. The practice under consideration, of occasionally detaining pupils af- ter the regular school hours for objects connected with the school arrangements, rests upon precise- ly the same authority. The same superintending power that regulates the one, does the same thing in the other ; yet the right in question should al- ways be recognized by teachers with proper caution and a due regard to the wishes and convenience of parents" (Mich. ^). TEACHEK AND PARENT. 73 In California, the regulations provide that " no pupil shall be detained in school during the inter- mission at noon, and a pupil detained at any recess shall be permitted to go out immediately thereaf- ter. All pupils except those detained for punish- ment shall de required to pass out of the school- room at recess, unless it would occasion an expo- sure of health" (Cal.'). 6. Dignity of the Teacher's Office. — This subject of the relation of teachers to parents we have treated at considerable length, because it is commonly misunderstood. The teacher should feel that he is not a hired servant of the individ- ual inhabitants of the district, to be criticised and thwarted, and at the best but tolerated. He has legal rights, and no inconsiderable legal authority ; he should deserve and demand the respect due the dignity of his office. "Pull off thy hat. Sire," said the school-master to Charles II., " for if my scholars discover that the king is above me in au- thority here, they will soon cease to respect me." 74 THE teacher's authority. CHAPTER X. CORPORAL PUNISHMENT. 1. The General Law. —Paragraph 98 of the present school law of New Jersey reads as follows : ' ' No teacher shall be permitted to inflict corpo- ral punishment upon any child in any school in this State." Some cities, notably New York and Syracuse, in like manner forbid corporal punishment in their own schools. Other cities, like Chicago, permit corporal punishment, but discourage it. In the great majority of schools, the teacher has the right, conferred by usage and confirmed by legal de- cision, to enforce discipline by means of corporal punishment. Even if a person over twenty-one years of age voluntarily attends school and is re- ceived as a scholar, he has the same rights and duties and is under the same restrictions and lia- bilities as if under that age (Me."). The princi- pal may, of course, punish for offences committed in other departments of the school (Wis.^^). But punishment must be inflicted by the teacher, and not by any supervisory officer (Me.). Thus in Pennsylvania, " The right of the teacher to inflict such punish- ment is founded upon the necessity of the case and not upon statute. It is absolutely necessary that good order should be maintained in schools, and COBPORAL PUNISHMENT. 75 that all proper rules, regulations, and commands of the teacher should be strictly and promptly- obeyed. Hence a necessity exists for sufficient power to enforce this duty, and therefore it is held that the teacher may iniiict such reasonable corpo- ral punishment upon the pupil as the parent might inflict for a similar case" (Pa.^). Among the opinions and decisions appended to the New School Law of Indiana (1873) we find the law summed up in these paragraphs. The refer- ences to other authorities are our own. a. "A school-teacher while in the school-room is responsible for maintaining good order, and he must be the judge to some extent of the degrees and nature of the punishment required when his authority is set at defiance ; and although he will be held amenable to the law for any abuse of this discretion, still he will not be held liable on the ground of excessive punishment unless the punish- ment is clearly excessive, and would be held so in the judgment of reasonable men (Tenn.,^ Vt.^). h. "A teacher, in the exercise of the power of corporal punishment, must not make such power a pretext for cruelty and oppression ; but the cause must be sufficient, the instrument suitable, and the manner and extent of the correction, the part of the person to which it is applied, and the temper in which it is inflicted, should be distin- guished with the kindness, prudence, and propri- ety which become the station (Mass.,^* Ind.^"). c. "A school-teacher is liable criminally if, in inflicting punishment upon his pupil, he goes be- yond the limit of reasonable castigation, and, either in the mode or degree of correction, is guilty of any unreasonable or disproportionate violence of force ; and whether the punishment was excessive 76 THE teacher's authority. under the circumstances, is a question for the jury (Mass.^*). d. "A parent is justified in correcting his child by administering corporal punishment, and a school-master, under whose care and intruction a parent has placed his child is equally justified in similar correction ; but the correction in both cases must be moderate, and given in a proper manner (Me.,^^ N. C/). e. "As to the spirit in which the punishment must be administered by the teacher, I would say it should not be in malice, and for the purpose of gratifying a malicious feeling, but in a proper spirit, w^th the sole object of maintaining his au- thority and preserving the order and decorum of his school ; and even when inflicted in this spirit, it must not be excessive or inhuman ; for such ex- cess, the party inflicting it will be guilty of assault and battery" (Ind.*' "). In New York, the compilation of Decisions of the Superintendent of Common Schools, published by Superintendent John A. Dix in 1837, contained this opinion (pp. 101, 102), which has since been regarded as authoritative in this State (Common School System, S. S. Kandall, 1844, p. 262 ; 408) : " If a teacher inflicts unnecessarily severe punish- ment upon a scholar, he is answerable in damages to the party injured. . . . With regard to the right to punish, no general rules have been laid down, and it would be difiicult, if not impossible, to make any which would be applicable in every case. The practice of inflicting corporal punish- ment upon scholars in any case whatever has no sanction but usage. The teacher is responsible for maintaining good order, and he must be the CORPORAL PUNISHMENT. 77 judge of the degree and nature of the punishment required, where his authority is set at defiance ; at the same time, he is liable to the party injured for any abuse of a prerogative which is wholly derived from custom." 3. Preferable to Expulsion. — Another deci- sion in the same volume, p. l45, shows the view then held by Governor Dix as to the alternative of punishment an.d expulsion : ' ' A teacher must, for the purpose of maintain- ing proper order and discipline in his school, have a right to employ such means of correction as he may deem necessary to the accomplishment of the object. For any unnecessary or excessive severity he would be answerable in damages in a suit of law to the person aggrieved. ' ' A teacher ought not, I think, to dismiss a schol- ar from school. From the nature of the common- school system, teachers are, as a general rule, bound to receive and instruct all children sent to them. If a scholar is so refractory that he cannot be managed, and his dismission becomes necessary to the preservation of order, I think the teacher should lay the matter before the trustees for their direction ; but not until the ordinary means of cor- rection had been fully tried and found unavailing. ' ' We believe this to be sound doctrine. While corporal punishment should be seldom necessary, the pupils should not know that the power to in- flict it is taken from the teacher. Impertinence, for instance, always the utterance of a weak and cowardly nature, can be easily checked only by the certainty of immediate and physically painful 78 THE teacher's authority. punishment. Deprivation of recess or extra tasks often develop it into confirmed insolence, and ex- pulsion follows. The boy whom one tingling blow of the ferule might have saved, thus grows up in low-bred ignorance. Instances like this we have known ; and we do not believe that Boards of Education should take away this right of the teacher, or that teachers themselves should osten- tatiously renounce it. If the teacher has determined to maintain good order without the use of the rod, it does him honor, and we wish him success. But let him keep his resolution to himself. There are pupils who fear only what hurts them ; and they may bring about a crisis when only the rod, and that vigorously applied, will maintain order in the school-room. 3. Severity op Punishment. — a. General Prin- ciple. — The old common law as to the extent of cor- poral punishment was as follows : " The law confides to school-teachers a discre- tionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be in- flicted merely to gratify their own evil passions' ' (Wharton's Criminal Law, 5th ed., vol. i., p. GC9). But this remark is found in Cooleys' Blackstone, 2d ed., vol. i., p. 453. ' ' It may be proper to observe, however, that public sentiment does not now tolerate such corpo- CORPORAL PUNISHMENT. 79 ral punishment of pupils in schools as was formerly- thought permissible, and even necessary." No line can be drawn between the use of the rod and its abuse ; but the following cases will il- lustrate actual decisions : J). A Case in North Carolina. — " Rachel Pender- gast kept a school for small children, and punished one of them with a rod to such an extent as to leave marks, all of which were likely to pass away in a short time and leave no permanent injury. The judge instructed the jury that if they believed that the child (six or seven years of age) had been whipped by the defendant at that tender age, with either a switch or other instrument, so as to pro- duce the marks described to them, the defendant was guilty. The jury under this charge returned a verdict of guilty, and the case was afterward ar- gued in the higher courts. Here Judge Easton held teachers exceed the limits of their authority when they cause lasting mischief, but act within the limits of it when they inflict temporary pain. In this case the marks were temporary, and in a short time disappeared. No permanent injury was done to the child. The only appearances that could warrant the belief or suspicion that the cor- rection threatened permanent injury were the bruises on the neck and arms ; and these, to say the least, were too equivocal to justify the Court in assuming that they did threaten such mischief. We think, also, that the jury should have been fur ther instructed, that however severe the pain in- flicted, and however, in their judgment, it might seem disproportionate to the alleged negligence or offence of so young and tender a child, yet if it did not tend to produce or threaten lasting mis- chief, it was their duty to acquit the defendant ; 80 THE teacher's AUTHORITY. unless the facts testified induced a conviction in their minds that the defendant did not act honest- ly in the performance of duty, according to her sense of right, but under the pretence of duty was gratifying malice" (N. C). c. A Case in Illinois. — In Fairfield, 111., a boy over fourteen failed to learn his grammar lesson. The teacher ordered him to take off his coat to be whipped, or to be expelled. The boy refused, and was expelled. A controversy arose as to the de- mand made for the boy to pull off his coat. The Superintendent's decision was as follows : " The law will not sustain the teacher in so bar- barous an act as compelling a pupil to take off his coat and be whipped for failing to learn a lesson. Such an act would subject the teacher to prosecu- tion, and I do not believe there is a court in the State that would not impose a fine upon him. . In my opinion, any teacher that cannot create an interest in his pupils on the side of good order and good lessons without resorting to such means, is not fit for the school-room, and the sooner a dis- trict dispenses with his services the better" (111."). d. A Case in Connecticut. — On July 21st, 1865, John G. Lewis, principal of one of the public schools of New Haven, Conn., was brought before the City Court for assault and battery on Francis M. Hoban, one of his pupils. The Court stated the case, and decided it as follows : " On the 21st of July last, and during the regu- lar school hours, Mr. Lewis, as a punishment for some supposed misdemeanor on the part of young Hoban, directed him to take his book and go to CORPORAL PUNISHSfENT. 81 the recitation-room. The order was reluctantly obeyed. At the closing of the school, but before the pupils had retired, he came out of the room without permission, and was immediately ordered back by the teacher. The order was several times repeated, and Hoban repeatedly refused to obey. Seizing two or three brushes, which were lying near by, with oaths and language most foul, and threats of violence if the teacher approached him, he dared him to come on, and all this in the pres- ence of a large number of the scholars. Hoban is a boy of fourteen years of age, of fair size for his years, and, as it would seem, possessed of more than ordinary strength. It is clear, under all the circumstances, there was but one course for the teacher to pursue. He must vindicate his author- ity. It was necessary for the good of the school, as well as of the boy himself, that he should learn obedience and submission to that authority. For the milder offence, a mild punishment had been in- jQicted by sending him to the recitation-room to study by himself. For the more serious offences, the insults to the teacher, the refusal to obey a proper command, the vulgar and profane language, the threats to kill the teacher if he should attempt to whip him, it was manifestly fitting and proper that he should receive a severer punishment. Mr. Lewis now approached the boy, who endeavored to strike him with the brushes. A struggle en- sued, in which the teacher, notwithstanding the violent resistance of the pupil, succeeded in push- ing him into the recitation-room ; but I do not find that he used more force than was necessary to ac- complish this object. I do not find that the whip- ping was either cruel or excessive, and though severe, taking into consideration all the circum- stances under which it was inflicted, it was not in my judgment unreasonable, but entirely justi- 82 THE teachek's authority. fiable. The accused is therefore discharged'' (Conn.^). e. Two Cases in Neio Yorlc. — " The facts appear to be tha,t the pupil flatly refused to obey the teacher, by not taking the seat he was directed to take. The teacher came toward the boy, intending to compel him by force to take the seat assigned to him. The boy, with an oath, bade the teacher not to come near him, and, as the teacher ap- proached, the boy struck at him several times. The teacher caught the boy, and with force put him in his seat, the boy meantime kicking, striking, yelling, and swearing. To stop this outrageous and unseemly noise, the teacher took the most ef- fectual measure at his command ; he intercepted the passage of air between the lungs and the vo- cal organs long enough to suppress the disturb- ance, but not long enough to injure the boy. But the boy was not subdued by any such gentle re- straint, for no sooner was he left alone than he ran out of doors. The teacher pursued and caught him, and brought him back to the school-room, not, it appears, without some considerable force, for the boy struggled with all his strength ; and it would really not be strange if in the struggle he received some severe blows. And for this the Su- perintendent is asked to annul the certificate of the teacher. I decline to do any thing of the kind. The teacher, in the matter of the boy, did no more than he was compelled to do ; he might have done much more, and still be acquitted of inflicting cruel and unusual punishment. It was not cruel, and if it was unusual, it was only so because the conduct of the boy was unusual (409). " A teacher, for an act of disobedience, ordered a boy, fifteen years of age, to hold out a book of the ordinary size used in school, at arm's length, level with his shoulder. The boy, after holding it in CORPORAL PUNISHMENT. 83 that position from five to eight minutes, let it fall, and said he could not hold it any longer. On be- ing ordered to hold it out again, he peremptorily refused. The teacher then, with a curled maple rule, over twenty inches long, one and three quar- ters wide, and half an inch thick, struck him from fifteen to twenty blows on his back and thighs, and in so severe a manner as to disable him from leaving the school without assistance. A phy- sician was called, and found his back and limbs badly bruised and swollen. The teacher on the succeeding day sent him to a physician, who pro- nounced him ' very badly bruised. ' It was ten or twelve days before he so far recovered as to be able to attend school. The Superintendent expresses his unqualified disapprobation of a punishment so severe and unreasonable. If the disobedience of the boy had been the result of sheer obstinacy and wilfulness, it could not justify the infliction of fif- teen or twenty blows with such a bludgeon upon the back and thigh of a boy, disabling him for a fortnight. Such a measure of punishment for such an offence would be sufficient ground for annul- ling a certificate " (407). 84 THE teacher's authority. CHAPTER XI. IN LOCO PARENTIS. "We come now to a relation of the teacher toward his pupil too broad and general to be defined by statute law, but referred to in common law under the expre^ion in loco parentis — in place of the pa- rent. Just now there is a tendency to regard this phrase as a legal fiction, and to consider it the sole duty of the teacher to instruct in the branches laid down in the course of study. For instance, it is becoming common to forbid all exercises of a relig- ious character. This action is usually prompted by a desire to anticipate and prevent demands for sectarian apportionments ; but some regard it as a first step toward relieving the teacher at once of the responsibility and of the right to control the pupils in any thing outside of their studies. The attendance and the character of pupils and even their conduct while in school would be no concern of the teacher. If the child failed to comply with the prescribed regulations, the remedy would be simply to expel him. This view, emphatically set forth in a prominent magazine,* we believe no true teacher ever held. The old Massachusetts law has the true ring of sound educational principle : * The National Teachers^ Monthly, for June, 1875. IN LOCO PARENTIS. 85 " It shall be the duty of the president, profes- sors, and tutors of the University at Cambridge and of the several colleges, of all preceptors and teachers of academies, and of all other instructors of youth, to exert their best endeavors to impress on the minds of children and youth committed to their care and instruction the principles of piety and justice, and a sacred regard to truth ; love of their country, humanity, and universal benevo- lence ; sobriety, industry, and frugality ; chastity, moderation, and temperance ; and those other vir- tues which are the ornament of human society and the basis upon v^hich a republican constitution is founded ; and it shall be the duty of such instruc- tors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understand- ing of the tendency of the above-mentioned vir- tues to preserve and perfect a republican constitu- tion, and secure the blessings of liberty, as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite views" (Mass.,^^ Cal.,« R. I/). Our public schools were created to make, not scholars simply, but men and women. When ed- ucation is confined to the imparting of certain branches of knowledge, it will have no claim to be maintained at public expense. Penmanship and physics taught where only the intellect is trained, are as likely to be the weapons of the forger and the burglar as they are to be the support of law- abiding citizens. Healthy care for the mind and body, a right purpose in life, sound and intelligent morality — ^these are the lessons the public school should instil ; beside them, arithmetic and gram- 86 THE teacher's authority. mar and geography are incidental in importance. They must first be exemplified in the teacher's life, and thus become a continual lesson to every pupil. But this is not enough. The true teacher will know his pupils as individuals, and will feel in each an interest which only the term parental de- scribes. He sees among his pupils a slovenly boy. Judi- ciously, quietly, here a little and there a little, he conveys hints which bear fruit in clean hands, polished shoes, and brushed clothes. He notices a girl too showily dressed, and, choosing his time, appeals to her kindness not to make her less wealthy neighbors uncomfortable. He observes a pale student who never goes out at recess, invites him to a walk, and impresses upon him the futility of cultivating the mind to the neglect of the body. He overhears the coarse expressions of a good-na- tured, stable-bred young fellow, and finds occasion to point out to him that the only sure indication of culture is the language one uses. He finds un- truth a prevalent vice. Kot satisfied with general instruction, exhortation, and reproof, he seeks out the individuals in whom it is most alarming, and impresses upon each that the lie stamps the utterer at once a coward and a fool. He sees in a pale face, and reserved, absent-minded manners, indica- tions of a most common and deadly crime. Cau- tiously, kindly, but steadfastly, he labors to save a life from ruin and a soul from perdition. These and such as these are the efforts which task the IN LOCO PARENTIS. 87 conscientious teacher. He dishonors his profes- sion who neglects them. We are told that this is a great deal to require ; that it demands of the teacher a combination of tal- ents with common-sense which would make him eminent in any profession. True enough : and why not ? The time has been when he became a teacher who lacked the brains to succeed at any thing else. The time is coming when he shall be- come something else who lacks the brains to suc- ceed as a teacher. Away with the narrow-minded notion that the teacher need only impart square feet of problems and linear yards of paradigms. No other profession exacts at once such versatility and such thoroughness ; such judgment and such insight into human nature ; such sincere politeness ; and such honest manhood and womanhood. The writer of these articles has been under the instruc- tion of many teachers, in ungraded, grammar and high schools, in the academy, in the college, and in the professional school. Among these teachers were learned men and noble men, whom he re- spects and reveres. But of them all, he recognizes but one as having exerted upon him a marked in- fluence. Kor can he better close these articles than by quoting here a grateful reference which he made years ago to the truest teacher he ever knew — Rev. William Hutchinson, now Principal of Nor- wich (Conn.) Free Academy : ' ' I can imagine no life more unsatisfactory than that of an incapable teacher. Bullied by the large 88 THE teachek's authobity. boys ; himself a bully to the smaller ; jeered to his face ; insulted behind his back ; his school a bed- lam ; his recitations a farce ; hired only because cheap — he draws his grudgingly paid stipend in the delusion that he is respectable, because a profes- sional man. ' ' Such wert not thou, O Zeus — name fortuitous- ly bestowed, but applied in no disrespectful spirit, and cherished among the healthiest recollections of the past. Happy were we who sat at thy feet. Happy in sound and accurate instruction ; happy in the instilment of a love for thorough scholar- ship ; happy in the example and fellowship of one who was in every way a man. We were careless and wayward ; far less than we ought did we profit by thy teachings ; but the most indifferent of us failed not to catch some warmth from thy glow- ing countenance, and the most earnest gladly ac- knowledge thy quickening influence. If it be no- ble to give one's every energy to his calling; to wrestle with bodily infirmity that one's duty be faithfully performed ; to persevere amidst perverse- ness and ingratitude in conscientious attention to the minds and characters of one's pupils — then wert thou a nobleman. And if it be a satisfaction to have wrought in all committed to thy charge a lasting impression of the dignity of Christian man- hood, then hath thy life's labor been not unre- warded." — Yale Literary Magazine^ June, 1869. EEFEEENOES. Arabic figures in parenthesis indicate tlie page of tlie New York State Code of Pablic Instruction, edition of 1868. All other references are to authorities in different States, and will be found below, arranged first alphabetically by States, and then numerically in the order of the references. Thus, for (Mass. 15), look below for Massachusetts, and under this State look for 15, and the reference is found to be pp. 147, 148. CALIFORNIA. The references are all to sections or pages of the School Law of California, edition of 1876. 1. § 1696. 4. p. 63. 7. p. 61. 2. 1673. 5. § 1868. 8. § 1702. 3. 1685. 6. p. 62. CONNECTICUT. 1. ATnerican Educational Monthly, U., 372, 373. ILLINOIS. The following references are to opinions of the State Super- intendent, printed in the Educational Weekly : 1. Jan. 3, 1878. 14. Jan. 10, 1878. 13. Nov. 15, 1877. The following are to Law Reports : 2. 39111., 101; 3. 45111., 2. 12. 36 HI., 71. 16111., 147. 4. 67111., 511. The following are miscellaneous : 5. 11. Common Sclwol, Oct., 1876, p. 127. 6. Chicago Legal News, VII., 309. 7. Wisconsin Journal of Education, VIII., 87. 8. State Report New Hampshire, 1877, 172. 9. New York Sun. 10. Kiddle & Schem's Cyclopedia of Education, 84. 90 COMMON SCHOOL LAW. INDIANA. The following references are to Law Reports : 1. 26 Ind., 337. 10. 4Ind., 290. 11. 14 Johns, 119. The following are to decisions of the State Superintendent, printed in the Indiana School Journal : 2. 1877, p. 499. 5. 1876, p. 567. 3. 1876, 522. 12. 1876, 568. The following are miscellaneous : 4. Town Officer's Guide, 1877, p. 167. 6. School Law of 1873, p. 57. 9. " " '• pp. 87, 88. 7. Common School Teacher, June, 1878, p. 134. 8. American Educatiaaal Monthly, II., 297. IOWA. The following references are to Law Reports : 1. 31 la., 562, 568. 3. 1 la., 359. 6. 31 la., 568. 8. 31 la., 562. The following are to decisions of the State Superintendent, printed in the American Journal of Education : 2 Oct., 1877. 4. March, 1877. 5. Jan., 1878. 9. Dec, 1876. 7 is a decision of State Supt. Van Coelln, printed in the Educational Weekly. KANSAS. 1. lOKs.,283. KENTUCKT. The following references are to opinions of the State Super- intendent, printed in Home and School : 1. v., p. 377. 2. IV., p. 569. 3. V., p. 425. The following are to the " Kentucky School Lawyer,'' issued as an appendix to the State School Report for 1878 : 4. pp. 5. 6. 7. 112, 165, 27, 28. 61. 110. 113, 163, 167, 206. 8. p. 120. 9. 161. 10. 167. 11. 180. MAINE. 12. pp. 188, 189. 13. 172. 14. 60. 15. 192, 193. The following are to the School Law, edition of 1878 : 1. p. 65. 5. p. 66. 8. p. 36. 2. 65. 7. 24. 9. 24. The following are to Law Reports : 3. 38 Me., 376. 5. 38 Me., 379. 12. 27 Me., 280. 4. 38 Me., 376 ; 10. 38 Me., 376. 27 Me., 281. 11. 27 Me., 266. No. 6 is to the New York Teacher, VI. ^ 432. BEFERENCES. 91 JIASSACHtrSETTS. The following references are to the School Law of 1875, pub- lished with the 38th Report of the Board of Education : 1. pp. 150, 160. 7. p. 151. 15. pp. 147, 148. 4. 150. 9. 159. The following are to Law Reports : 2. 9 Allen, 94. 6. 23 Pick., 224. 10. 105 Mass., 475. 3. 2 Allen, 592. 5Cush., 198. 11. 8 Cush., 164. 5. 22 Pick., 225. 8 Cush., 160. 14. 4 Gray, 36. The following are miscellaneous: 5. 33d Report of Board of Education, 131, 133. 8. New York Teacher, HI., 136. 12. " " " n.,223. 13. 10th Report Board of Education. MICHIGAK. 1. 7 Wend., 181. 2. School Law, 1873, p. 206. MISSOURI. The following references are to Law Reports: 1. 51 Mo., 21. 3. 38 Mo., 679. 4. 38 Mo., 679. The following are to decisions of the State Superintendent, printed in the American Journal of Education : 2, 5. Feb., 1878. 6. June, 1878. 7. , 1878. NEW HAMPSHIRE. 1. 19N.H.,170. 2. School Report, 1877, p. 175. 3. 6 Foster, 470. NEW JERSEY. These references are to the School Law of 1878 : 1. p. 25. 2. p. 41. 3. p. 17. NEW YORK. The following references are to the Code of Public Instruc- tion, edition of 1868 : 1. p. 410. 20. pp. 395, 397. 29. p. 399. 8. 410. 21. 416. 33. 402. The following are to decisions of the State Superintendent, as numbered in the records at Albany 2. 2145. 20. 1665, 1753, 35. 2139. 3. 2191. 1803, 2114. 41. 1687. 4. 201.5. 21. 1808. 42. 1874. 6. 2191. 22. 2245. 45. 1753, 1763, 8. 1942. 23. 1975. 46. 1985. 9. 1907. 24. 1978. 47. 2091. 11. 2194. 25. 1825, 2217. 48. 1682. 12. 2480. 26. 2081. 49. 1725. 13. 1982. 27. 1978, 1983, 50. 1697. 15. 1978. 2008, 2055. 51. 1960. 16. 1976. 28. 1910. 56, 1751. 17. 1677. 30. 1919. 57. 1793. 18. 1864. 31. 1845. 19. 1738, 1831. 34. 1713. 92 COMMON SCHOOL LAW. The following are to decisions printed in the New York Teacher : 5. X., 282. 37. VII., 423. 44. IL, 79^2. 32. IL, 271. 40. II., 116. The following are to Law Reports : 7. 10 Barb., 396. 29. 15 Barb., 323. 14. 11 Wend., 90. 36. 23 Barb., 176. 22. 22 Sickels, 36. 39. 18 Abbot's Pr., 165 23. 63 Barb., 177. 52. 14 Barb., 225. 12 Sup. Ct., 649. 54. 14 Barb., 225. The following are miscellaneous : as. Laws, 1873, chap. 577, § 1. 38. National Teacher's Monthly, III., 347. 43. Orders and Decisions, State Dept., VIII., 102. 53. Letter Book, State Dept., July 21, 1875. NORTH CAROLINA. 1. 5 Jones, 98. 2. 2 Dev. & Battle, 365. OHIO. 1. state Commissioner's Eeport, 1875. 2. Kentucky School Lawyer, p. 190. 3. National Teacher, July, 1874. 4. Kiddle & Schem's Cyclopedia, p. 84. PENNSYLVANIA. 1. 2Penn.,204. 2. School Law, 1873, p. 52. RHODE ISLAND. These references are to the Common School Manual, 1873 : 1. p. 84. 4. p. 144. 6. p. 199. 2. 69. 5. pp. 145, 146. 7. 28. 3. 25. TENNESSEE. 1. 2 Cold., 181. 2. 3 Head., 455. VERMONT. These references are all to Law Reports: 1. 20 Vt., 495. 4. 35 Vt, 623. 10. 32 Vt., 224. 28 Vt., 575. 41 Vt., 353. 11. 32 Vt., 120. 29 Vt., 433, etc. 5. 28 Vt., 575. 12. 32 Vt , 114. 2. 26 Vt., 115. 6. 48 Vt., 473. 13. 19 Vt., 108. 30 Vt., 586. 7. 32 Vt., 224. 14. 32 Vt., 224. 12 Vt., £92. 8. 48 Vt., 473. 15. 29 Vt., 219. 3. 20Vt.,487. 9. 32Vt., 224. BEFEBENCES. 93 WISCONSIN. The following references are to decisions of the State Super- intendent, printed in the Wisconsin Journal of Education : 1. 1877, p. 223. 7. 1877, p. 223. 15. 1877, p. 124. 2. " 320. 8. 125. 17. 1878, 223. 3. 1876, 296. 9. 1876, 27. 18. 1876, 79. 4. 1878, 315. 11. 1875, 30. 19. 1877, 362. 5. " 224. 13.1877, 364. 20. " 125. 6. " 223. 14. 1878, 173. The following are miscellaneous : 4. 16 Wis., 316. 10. 35 Wis., 59. 12. State Report, New Hampshire, 1877, p. 173. 16. Laws, 1874, chap. 135. FRANCE. 1. Common School Manual, R. I., p. 200. 94 COMMON SCHOOL LAW. QQ I ">5 .5i ^i I ^2 5$ «, ^ *■ T O *3 5> H S -is ^ p <» p ?s 2 i< *^ ^ o *^ 2 I: H «-< §^' •w -5^ +a § O - Em EH s- O S o I : €>« o > ^ M ^ o ?5 O O ^ 05 CD ^^ >> r corresponding to the subject of arithmetic which the problem lUustr ttes..^ One box answers for a whole school, and questions suited to any grade may be selected at sight by the color of the cards. A key accompanies the box. One Dollar. 10. Regents' Examlvation Paper. —Legal cap, specially ruled and prepared for the purpose under direction of the^Board of Regents. By Express, $3.50 a Ream ; &,y iVtail, Txventy-five Cents a Quire. 11. Beebe's First Steps among Figures. — The simplest and clearest preparatory work in Arithmetic everpuhlished. Adopted for exclusive use in Ontario County. lOT pages. Boards. Teachers' Edition, including the Pupils' Edition and a Key to both Editions. 300 pages. Cloth. One Dollar. 12. A WoiiE JN Number. By Martha Roe. Intended for Junior Classes and containing three years' work. 161 pages. Cloth.^ Fifty Cents. 13. Bradford's Thirty Pkoblems or Percentagk.— A drill-book. 19 pages. Flexible cloth. Twenty-Jive Cents. 14. Northam's Civil Goverkmejst, for Common Schools, to which is appended the Constitution of the State of New York,-as receiiily amended. Cloth, handsomely bound. Seventy-Jive Cents. , 15. Dissected Maps of the State of New York and of the United States. Each County and each State separate, and of exact shape. In neat box, each. Seventy Jive Vents. 16. Studies in Articui^ation.— By James H. Hoose, Ph.D., Principal of the Cortland State Nonnal School. This not only analyzes each sound in the language, but gives as illustrations hundreds of words commonly mispronounced. Hon. W. D. Henkle, editor of tlie National Teacher, and of Ed '/cation at Notes arid Queries, says : " It is needle^^s to say that we are pleased with this hook, for it presents just what we have for years discussed in Teachers' Institutes, and urged should be taught. in schools." Fifty Cents. ^ 17. Frobisher's Good Selections. — This book admirably meets the demand for a book of fresh pieces of prose and poetry for hight-r reading classes. It contains 168 pages in clear type, and should be in the hands of every teacher. Paper. Twenty-Jive Cents ; boards, Forty Cents.. 18. Johonnot's School Houses.— This new and finely illustrated octavo volume is the standard work upon School architecture, and should be owned by everySchool Board. Two Dollars. 19. American Libra'rt' of Education.— I. Locke's Essay on Edu- cation. II. Locke on Reading, and Milton on Education. III. Horace Mann on Physiology in Schools."' JV, University Addresses of Froude, Carlyle. Mill, etc. V., VI. The Bible in the Public Schools. Tiventy-Jive Cents each. 20. The Diadem of School Songs, by Wm. Tillinghast, with a Complete System of Instruction, and pieces adapted to every occasion. 16(1 pages, boards. Ffty Cents. 21. Rxan's School Record. — The entire record of a school may be kept without copying, and a weekly report sent home each week, at the expense per term of 14 weeks, for 56 pupils, of Fifty Cents. 23. The Peabody Class Record, a unique system of permanent class reports. The plan of ruling and cwtting must be seen to be appreciated. It saves time as BO other can. No. 1, 5x9 inches, 100 pages, $1.00 ; No. 2, SxlO>^ inches, $1.50. -' 23. Shaw's Scholar's Register. — The recitation is marked by the pupil in lead pencil. The teacher marks the changes wiihink, makes the average for the week, and carries it to the abstract. Specimens^ Six Cents; per dozen, Fifty Cents. 24. Commissioners' Certificates. — ^We^now print the certificates issued to teachers by nearly all the commissioners of the State. We print the name of the Commissioner, Cour.ty and District, and bind in books of one hundred: each, of any grade wanted. One Dollar per boolc. lostage., Fif- teen Cents. 25. Complete Illustrated Catalogue of these and the rest of the School Bulletin Publications. Mailed to any address on receipt of two three- cent stamps. Davis, Bardeen & Co., Publishers, Syracuse, N. Y. ^;%^;%<:^%^>f^g;;^ii%i^^ LIBRARY OF CONGRESS -^j^^^^U 020 975 475 7 r BWjimarwi i < «iHWj >wii>^^ , uBH.wsw i >« . w*? »g»* ft»i » »«nw»twm i MWi« i w i mtmtimmm mtM0mtmmi0tt0m!mi'.