4 '•!•»• m ^:iO^- i -^^^ v^-^^' »v .^^^ ,•% ^ ••' .,^" av 0^ '^^ S^ '^4 fV ■-"^^ .0 ^ ■~-^" ^ ^~ ;■; vi !■,;;! M HV MMMmB riiNir-uv- \ i LIBRARY OF CONGRESS, COPYRIGHT OFFICE. No registration of title of this article as a preliminary to copyright protection has been found. Forwarded to \ Mtwk [ Division ^_^_'_.'^/_.^^<^? (1, iii, 1906—5,000.) M^ Ccovri-ht- Cffic? DEC 26 iC„^; Bulletin No. 23, 1907. STATE OF MICHIGAN, DEPARTMENT OF PUBLIC INSTRUCTION. Summary of School Legislation for the session of 1907. The legislature of 1907 passed fourteen general acts affecting the 'managenient of the schools of the state. Some of these are amend- ments to portions of the Compiled Laws and others are amendments to the School Laws and some are entirely new acts. The following is a summary of the principal features of the laws passed affecting schools: 1. Act 35 is a new law providing for the establishment of county schools of agriculture, manual training and domestic economy. The board of supervisors of the county is authoiized to appropriate money for such schools and may, with the approval of the electors of the county, bond the county for the purpose. A county school board is created to consist of five members, of whom the county commissioner of schools is one. The others are elected by the board of supervisors for a period of four years. Two or more counties may- unite in the establishment of such schools. The county treasurer is ex officio treasurer of the board. Section 6 provides that instruction in agri- culture, domestic economy and manual training shall be given, and under elements of agriculture it is specified that instruction shall be given concerning the soil, plant life and animal life of the farm, a system of farm accounts, and instruction in manual training and domestic economy. It is provided that each school shall have a tract of land for experimental purposes of not less than ten acres, and such schools shall be free to the inhabitants of the county or counties if two or more combine. The State Superintendent of Public Instruc- tion and President of the Michigan Agricultural College are to de- termine the cjualilications of teachers and all such schools are under the general supervision of the State Superintendent of Public Instruc- tion. This act given immediate effect. 2. Act 48 provides for the compulsory education of deaf children. The act is in the nature of an amendment to the general compulsory law and provides that every parent, guardian or other person having control of children between the ages of seven and eighteen years who by reason of deafness cannot be taught in the public schools shall be required to send such child to a day school for the deaf, the Michigan School for the Deaf, or such other school for the deaf as the parent prefers,^ but if the child is not sent to some deaf school the ^truant officer shall see that he is sent to the school for the deaf at Flint. It is provided that in certain cases the State shall furnish transportation for* such' children to the School for the Deaf, and the officers who under the general statute are concerned in enforcing the compulsory school law are made the officials to enforce this law. 3. Act 74 amends the truancy law, or Act No, 200 of the Public Acts oft 1905. The amendments are as follows: (a) Children between the ages of seven and sixteen years are re- quired to 'attend school the entire school year and the attendance must be continuous and consecutive. (b) Under exemptions children who are taught in a private or parochial school in the branches usually taught in the public schools, or who upon the completion of the work in such schools shall satisfy the county commissioner or superintendent of schools that they have completed the work of the eighth grade, are exempt. All children who are holders of eighth grade diplomas from the public schools are ex- empt. The truant officer is authorized to secure the written statement of a competent physician when it is claimed that children are physically unable to attend school; and children over fourteen years of age may be excused from attendance by the county commissioner or city super- intendent on recommendation of the school board. Children be- tween twelve and fourteen years of age while in attendance at confir- mation classes conducted for a period of not to exceed five months in those years are exempt. (c) Section 2 of this act was amended by providing that the sheriff shall select a person of good moral character to act as truant officer for the county who must file an acceptance and a bond of a thousand dollars. Said officer has the powers of a deputy sheriff and performs the duties of truant officer when directed by the sheriff. In graded school districts the board of education have authority to appoint one or more truant officers and fix their compensation. This is in lieu of the provision that the village marshal could act under the old law. Further, in the township unit districts of the upper peninsula the board of education has authority to appoint one or more truant officers for the township but there shall also be a county truant officer and if the board of education fails to act or if the township truant officer fails to act then the county truant officer shall act. The compensation of the county truant officer is fixed at three dollars a day and actual expenses, bills to be certified by the sheriff. (d) Section 4 is amended by providing that when truancy cases are reported the truant officer must investigate the case and within twenty- four hours give formal written notice to the parent and in case of failure to comply with the notice the truant officer is required within three days to make complaint against the parent. (e) Section 3 is amended in clause (d) by providing that instead of a person found guilty being liable to a fine he shall on conviction be fined not less than five dollars nor more than fifty or imprisoned in the county jail. This takes the discretionary authority away from the justices and if the person is found guilty their duty is to levy the fine. This act is given immediate effect. 4. Act 91 amends (a) section 4665 of the School Laws in the seventh clause by providing that the people may vote a tax to pay the premium upon any surety bond required by the treasurer. This is the same clause which authorizes the people to vote compensation to district officers. (b) Section 4667 of the School Laws was amended by adding a clause to be known as clause 9, that upon the expiration of twenty days after the failure of the district to elect a successor at the annual meeting the office becomes vacant and the school inspectors of the township shall appoint a successor. (c) Section 4674 is amended by providing that, in addition to the funds the tax for which the school board shall vote, in dis- tricts having less than fifty children on the census list the school officers shall vote compensation for themselves not exceeding ten dollars for director, ten dollars for treasurer and five dollars for modera- tor. This section is also amended by providing that whenever the district or the board has voted a tax and the money is needed they may borrow the money. (d) The chief amendment in this act is to section 4691 in regard to school treasurer's bond. It provides that each treasurer shall within ten days after his election file a bond in double the amount of money on hand plus the amount to come into his hands during each year of his term of office and that he shall file a new bond each year thereafter so long as he remains treasurer. It is provided that these bonds shall be signed by two or more sureties, each of whom shall justify to the amount for which he is holden in the bond, or he may furnish the bond of a surety company. The premium on said bond may be paid by the district as above stated. This bond is to be filed with the di- rector and approved by both moderator and director. This section is further amended by providing that when the amount of money coming into the hands of a treasurer shall exceed $3,000 the board may by resolution provide for the deposit of the school funds in banks or trust companies under certain restrictions which the law specifies. Not given immediate effect. 5. Act 110 amends sections 3, 4 and 5 of Chapter 32 of Act No. 215 of 1895, or the fourth class city act. Section 3 is amended by providing that the election shall be conducted as a township election, and nomi- nations to office shall be by petition signed by at least twenty-five tiualified electors of the district. The board of education is to appoint three election commissioners on or before the 20th of June of each year ^\ho perform the usual duties of election commissionei s for the school -district. Section 4 is amended by pro^'iding that the president and secretary of the board of education and one trustee designated by them shall act as a board of inspectors, also that the qualifications of voters at such elections in fourth class cities shall be the same as are pre- scribed by the general School I^aws. Section 5 requires the board of inspectors to make a poll list and have the school census at the election open for inspection and they shall have the right of access to all regis- tration books of the wards of the city. This act is given immediate effect but it affects only such fourth class cities as manage their schools vmder the provisions of the fourth class city act. 6. Act 112 amends section 4805 of the Compiled Laws or School Laws in regard to the granting of college certificates by providing that the pedagogical course may be in addition to or a part of the regular col- lege course and that the three years of teaching required before a life certificate can be issued may be done either in Michigan or elsewhere. Not given immediate effect. 7. Act 11 o amends section 2 of Act 147 of 1891 in regard to commis- sioners of schools by providing that the commissioner of schools in Lake county shall be elected hereafter at the general election in Novem- ])er and his term of office shall commence on the first day of January following. 8. Act 116 is a new law providing for the compulsory education of blind children. It really amends sections 7 and 9 of Act 123 of the Public Acts of 1893 governing the Michigan School for the Blind. Tliis law requires each school census enumerator to procure the name, age and residence, and the name and lesidence of the parents or guardians or the persons in control of each blind child, or of each child whose \'ision is so defective as to make it impossible to educate him in tlie pul)Iic schools. It requires a special census of all such children between the ages of seven and nineteen years, and this census list is to be filed with the Superintendent of Public Instruction on blanks prepared and furnished by said Superintendent, and a copy of each is to be filed with tlie ]>ropcr officers of the township or city, that is, townsjiip or city clerk. Tlie Superintendent of Public instruction is ref|uired to verify and tabulate this census list and furnish them to the sui)erintendent of the Scliool for the Blind. All parents of blind children between the ages of seven and nineteen years are required to iuive such cliiklren educated in the Michigan School for the Blind., But four exceptions are provided. The superintendent of the School for the Blind is required to furnish the county commissioner or city superintendent with a list of such children under his jurisdiction, and said commissioner or superintendent shall see that the truant officer takes proper steps to enforce the law. The penalties proA^ided for violation of the law are the same as the truancy law. This act was given immediate effect, 9. Act 125 amends section 1826 of the Compiled Laws or School Laws in regard to the powers of the State Board of Education and authorizes said board to recognize State certificates granted in other states under equivalent conditions to those required in Michigan. 10. Act 126 amends the rural high school law in section 4 by pro- viding that children above the sixth grade may attend such rural high school. 11. Act 127 amends sections 4814 and 4815 of the Compiled Laws or School Laws in regard to the powers of the county commissioner of schools and boards of examiners. The first named section is amended by providing a legal procedure for the revocation or suspension of a teacher's certificate. It also provides that the commissioner of schools may suspend the force of any teacher's certificate temporarily when from his personal inspection of the work or from personal knowledge he is satisfied that the teacher has been guilty of wilful neglect of duty, or is incompetent, or has been guilty of gross immorality. The section is quite a long one and is purely technical as to legal procedure. Section 4815 is amended in several particulars by requiring the commis- sioner of schools to keep a record of all meetings of boards of examiners and authorizing the commissioner to call meetings of the examiners at such times as he may deem best. In other words, the county com- missioner of schools is made the executive officer of the board of examiners. The commissioner is also required by other amendments to inspect the schools, the instruction, text books, apparatus, efficiency of teacher, condition of school property,the enforcement of the truancy law and report the same to each director. 12. Act 247 amends sections 4746, 4747 and 4748 of the Compiled liaws or School Laws in regard to the organization of graded school districts. This is one of the most important bills passed by the legis- lature. It is provided in section 1 that graded school districts may be organized by a majority vote of the c|ualified voters present at any annual or special meeting. It specifies also the qualifications for voters in such districts and the qualifications of members of the board of education, which are the same as are provided in the general School Laws governing primary districts, that is, a person to be eligible to school office must have property assessed for school taxes, his name must appear on the assessment roll and he must be the owner in his own right of the property so assessed. It is provided that all graded school districts organized prior to 1907 shall operate under the pro- visions of the new act without reorganization, and that all officers here- 6 after elected shall be elected under the new law. Section 2 is amended by requiring each officer to file a WTitten acceptance and affidavit setting forth the facts of his eligibility and authorizes the board to form its own organization. It provides also that the treasurer may file either personal or surety bonds in double the amount of money to come into his hands. Section 3 of this act in regard to the powers of the school board is amended by authorizing the board to audit the accounts of the secretary and authorizes the secretary to incur inci- dental expenses to the amount of one hundred, dollars without the authority of the school board. They are also authorized to vote the amount of tax necessary for teachers' wages, fuel and other incidental expenses, also other matters. The fifth clause is amended by pro- viding that in all graded school districts where six or more teachers are employed the board of education is authorized to employ a super- intendent of schools who shall be the holder of at least a state certificate or a normal school diploma or have qualifications equivalent. The law also specifies the powers and duties of the superintendent. This law was not given immediate effect. 13. Act 251 provides for the establishment of a bureau of informa- tion for school officers and teachers in the Department of Public In- struction. This law given immediate effect. 14. Act 256 amends section 4717 of the Compiled Laws or School Laws as amended in 1905 by providing that any school district by a majority vote of the taxpayers may borrow money and issue bonds. The old law provided that there should be a two-thirds vote in order to bond. This law was not given immediate effect. All these laws not given immediate effect wiU take effect ninety days after the close of the session, or on September 27. The compiling of the School Laws is imder the control of the Secretary of State, and they will be compiled and furnished to school officers as soon as possible. Very respectfully, ^ irh^iy- Superintendent of Public Instruction. THE SCHOOL LAW ov MICHIGAI^. FIFTH EDITION. {Seventeenth to Twenty-second Thousand.) BY JASON E. HAMMOND, FORMERIiY SUPERINTENDENT OF PUBLIC INSTRUCTION. Lansing, Mich. THE HAMMOND PUBLISHING CO., Limited, 1904. LiBRARYotCoNGKESS Twu Copies H«icelved NOy 18 1906 Oopyrt^nt £ntry CLASS XXc. No. COPY 3. I 11 iiimi^ !■ I Ci *'Our safety is not In constitutions and forms of govern- ment, but in the establishment of right systems of educa- iion."-- Jolin D. Pierce, 1838. COPYHIOHT BY THE MAMMONO ruBLISMINQ COMPANY, LIMITtO LANSING, MICH. PREFAOE. The "School Law of Michig-an" has met with a very Jlattcr- ing sale since the edition of 1900 was issued and we find that teachers, school officers and students of our educational sys- tem have given our little book a place which more than filled our expectation. The edition of 1904 has been care- fully revised and corrected so that attorneys may, as here- tofore, find it a very valuable if not indispensable addition to their libraries —especially when it is desired to find quick reference to statute law and court decisions relative to school affairs in our state. In this edition we quote not only from the supreme court decisions in Michigan and other states, but have given de- cisions of our Attorneys General and Superintendents of Public Instruction wherever it has seemed advisable to give further light on obscure or disputed points. The numbers in this little book refer to the sections in the Compiled Laws by Hon. Lewis M. Miller, and wherever recent amendments have been made by our Legislature, the number and year of its enactment is given. Since our last> edition was published in 1900 some very im- portant changes have been made and these changes are all very carefully and accurately included in this revision. Especial attention is called to changes in the law for 4 PREFACE. township districts in the Upper Peninsula (pages 32 and 49); the legal qualifications of teachers (pages 56 and 57) ; com- pulsory attendance at school (pages 73 to 76); transportation of pupils (page 105); and the law providing for the establish- ment of County Normal schools (page 106). We are confident that this edition will be as cordially re- ceived as the former editions and that it will not disappoint our patrons. JASON E. HAMMOND. Lansing, Mich., Jan. 1, 1904. TABLE OF CONTEl^TS. Chapter I - - - _ Constitutional Provisions Chapter II - - Administration of School Affairs Chapter III - - Organization of School Districts Chapter IV - Powers of Voters at District Meetings Chapter V School Officers Chapter VI Teachers Chapter VII - - Compulsory Attendance at School Chapter VIII - - - Text-Books and Libraries Chapter IX School Revenues Chapter X . . - _ Miscellaneous Provisions Appendix. Review Questions. Index. CHAPTER I. CONSTITUTIONAL PROVISIONS. (From Constitution of Micliigan.) ARTICLE VIIL There shall be elected at each biennial election, a superin- tendent of public instruction for the term of CUT OF PUBLIC t>wo years. He shall keep his ofBce at the seat of INSTRUCTION, government, and shall perform such duties as shall be prescribed by law. His term of office shall commence on the first day of January, one thousand eight hundred and fifty- TERM OF three, and of every second year thereafter. OFFICE. Whenever a vacancy shall occur in the office, the governor shall fill the same by appointment, by and with the advice and consent of the senate, if in session. ARTICLE Xin. The superintendent of public instruction shall have the GENERAL gcucral supervision of educational affairs. SUPERVISION. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes, and the proceeds of all lands or other property given by individuals, or appropriated by the state for like purposes, shall be and remain a PRIMARY perpetual fund, the interest and income of which, FUND. together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant, or appropriation. 8 SCHOOL LAW All lands, the titles to which shall fail from a defect of heirs, shall escheat to the state; and the interest on the clear proceeds from the sales thereof shall be appropriated ex- clusively to the support of primary schools. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept SCHOOL^ without charge for tuition, at least three* months SYSTEM. in each year, in every school district in the state; and all instruction in said schools shall be conducted in the English language. A school shall be maintained in each school district at least three months in each year. Any school MONTHS OF district neglecting to maintain such school shall SCHOOL. be deprived for the ensuing year of its propor- tion of the income of the primary school fund, and of all funds arising from taxes for the support of schools. There shall be elected in the year eighteen hundred and sixty-three, at the time of the election of a justice of the supreme court, eight regents of the University, UNIVERSITY ^^^ ^^ whom shall hold their office for two years, REGENTS. two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a justice of the supreme court thereafter, there shall be elected two regents, whose term of office shall be eight years. When a vacancy occurs in the office of regent, it shall be filled by appointment of the governor. The regents thus elected shall constitute the board of regents of the University of Michigan, and these regents and their successors in office, shall continue to constitute the body corporate known by the name and title of "The regents of the University of Michigan." * Act No. 15 of 1895 increases the minimum length of school year to five months. OF MICHIGAN. - 9 The regents of the University shall, at their first annual meeting or as soon thereafter as may be, elect a president of the University, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the regents, and be the principal executive officer of the University. The board of regents shall have the general supervision of SUPERVISION ,^_. . ■,1,. . OF uNivER- the University, and the direction and control ®'^^' of all expenditures from the University interest fund. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of a state board of education, one for two years, oF*EDucATi'oN ^"^^ ^^^ ^^^^ ycars, and one for six years ; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The superintendent of public instruction shall be ex officio a member and secretary of such board. The board shall have the general supervision of the State Normal School, and their duties shall be prescribed by law. Institutions for the benefit of those inhabitants who are STATE IN- deaf, dumb, blind, or insane, shall always be sTiTUTioNs. fostered and supported. The legislature shall encourage the promotion of intellect- ual, scientific, and agricultural improvement, and shall, as soon as practicable, provide for the establish- AGRicuLTURAL meut of au agricultural school. The legislature SCHOOL. . . ® may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and main- tenance of such school, and may make the same a branch of the University for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the regents of the University. 10 SCHOOL LAW The legislature shall also provide for the establishment of at least one library in each township and city ; and all fines assessed and collected in the several counties SCHOOL and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city: Provided, That in no case shall such fines be used for any other than library or school purposes. ARTICLE XIV. All specific state taxes, except those received from the mining companies of the Upper Peninsula, shall SPECIFIC ifQ applied to paying the interest upon the pri- mary school, University, and other educational funds, and of the interest and principal of the state debt in the order herein recited, until the extinguishment of the state debt other than the amount due to educational funds, when such specific taxes shall be added to and constitute a part of the primary school interest fund. OF MICHIGAN. 11 CHAPTER II. ADMINISTRATION OF SCHOOL AFFAIRS. Superintendent of Public Instruction. The chief officer of the state educational system is the superintendent of public instruction, who is elected at the time of the general state election for a term of two years, commencing on the first day of January next following his election. His salary is one thousand dollars a year and his office is SALARY. at the capitol in Lansing. He is assisted in the performance of his official duties by a deputy and five clerks appointed by himself. ASSISTANTS. Thc dcputy is required to take the constitution^ll oath of office and is authorized by law to execute the duties of the office in the absence of the superintendent or in case of a vacancy. Appointments made by the super, intendent may be revoked by the superintendent at any time (4639).* POWERS AND DUTIES. 1. To visit each and every state institution that is essen- tially educational in character and to meet with INSTITUTIONS ^^^ govcming board of each institution at least once in each year (4639). 2. To prepare an annual report to the governor, which REPORT report shall contain the following information: ANNUAL PORT. (a) A statement of the condition of the University and of * Note.— These numbei's refer to sections in the Compiled Laws of Michigan. 12' SCHOOL LAW each, of the several state educational institutions, all incorpo- rated institutions of learning, and the primary, graded, and high schools. (6) Estimates and amounts of expenditures of all educa- tional funds. (c) Plans for the management of all educational funds, and for the better organization of the educational system, if in his opinion the same be required. {d) The annual reports and accompanying documents, so far as he shall deem the same of sufficient public interest, of all state institutions of educational character. (e) Abstracts of the annual reports of the school inspectors of the several townships and cities of the state. (/) All such other matter relating to his office and the sub- ject of education generally as he shall deem expedient to communicate (4639). 3. To compile and cause to be printed all general laws relat- ing to schools, with necessary forms, regulations. COMPILATION =" . . „ -, . .,' ^. ' OF SCHOOL and instructions for conducting all proceedings LAWS. under said laws. Such compilation must include rules for the management of libraries of townships and school districts, one copy to be furnished to each of the sev- eral school offices intrusted with the management of school affairs (4641). 4. To prepare statements directing the semi-annual appor- tionment of the primary school interest fund PRIMARY APPORTION- among all the children between the ages of five "^'*^' and (under) twenty years of age. Between the first and tenth days of each May and November these state- ments are made to the auditor general, showing the number of pupils of school age in each county, township, and city, as appears from the reports of school officers filed in the office of public instruction during the month of October just previous to the May apportionment. The auditor general, on receiving such statements, is authorized to draw a warrant upon the OF MICHIGAN. 13 state treasurer in favor of the treasurer of each county for the amount due to each county. In case the reports from any county, township, city or district, are defective, the superin- tendent is authorized to ascertain, by the best evidence he can obtain, the facts upon which the apportionment shall depend. It is the intention of the law that districts shall not lose public money on account of inaccurate or incomplete reports; if the superintendent is unable to gather such information or if he finds that school has not been taught in the district at least five months (4665, paragraph 11), it is his duty to cause such districts to forfeit their share of this fund. He may, if he finds that officers failed to comply with the FORFEITURE, law through no fault of their own, apportion such deficiency at the time of the next apportionment (4642 and 4643). The preparation of this statement is one of the most important duties of the superintendent of public instruction. 5. To prepare statements for the division of library money LIBRARY among townships and districts entitled to receive APPORTION- ^ portion of the same (4761). 6. To prepare all examination questions to be used at county teachers' examinations. He is required EXAMINATION to scud thc samc under seal to the commissioner QUESTIONS. of schools (4812). He shall also send to commis- sioner of schools the questions furnished by the president of the Agricultural College for use in the examination of candi- dates for admission into said college (4821). 7. To prescribe rules and regulations relative to the grant- couNTY CER- ^^^ ^^ ccrtlficates by county board of examiners TIFICATES. (4815). 8. To approve and countersign, in his discretion, first INDORSED grade certificates (4813). CERTIFICATES. 9. To prepare and furnish to school officers blank forms BLANKS AND for auuual reports to the department (4815). REPORTS. 14 SCHOOL LAW 10. To arrange for a teachers' institute in each organized county of the state and act as conductor of the INSTITUTES, same, or appoint some suitable person or persons to act as conductor or instructors. He has gen- eral supervision of the institutes and directs the disburse- ments of money belonging to the institute fund (4839). 11. He may appoint, in his discretion, boards of visitors to VISITING ^^y incorporated institution of learning within BOARDS. the State (8145). 12. He is a member of the state board of education (Art. DUTIES ^^' ^^^' ^' ^i<^l^- Constitution) and the state EX OFFICIO. board of geological survey (1519). 12a. It is also his duty to prepare for the district schools a course of study comprising the branches required for third grade certificate, said course to be known as the Agricultural College course (4791). 13. He shall perform such other duties as are or shall be required of him by law and, at the expiration of OTHER j^ig term of office, shall deliver to his successor DUTIES. ' all property, books, documents, maps, records, reports and all other papers belonging to his office, or which may have been received by him for the use of his office. 13a. The legislature of 1899 made it the duty of the super- intendent to authorize the establishment in cities of day schools for deaf children, such schools to have an attendance of not less than three deaf children (Act 176, 1899). State Board of Education. Including the superintendent of public instruction, this board is composed of four members. The three members of the board other than the superintendent are elected for terms of six years and receive three dollars per day for their actual services, together with necessary traveling and other expenses. At each biennial state election one member is elected. OF MICHIGAN. 15 The board has general care and management of the state normal schools, and its general duties relating ^^^^J^®"^^"^^ thereto are prescribed by law (1812 to 1832). We give in this chapter only such duties as pertain to the general school system of the state. POWERS AND DUTIES. 1. The board is required by law to prescribe in the state normal schools a course of study intended especi- pREscRiBED ally to prepare students for teaching the rural STUDY. and elementary schools of the state, such course to provide not less than twenty weeks of special professional instruction. The board is also required to prescribe the courses of study for students, to grant such diplomas and degrees and issue certificates to graduates of the several normal schools of the state as said board shall determine. They shall always maintain in the Central and Western normal schools a department for the training of rural school teachers (Act 202, 1903). 2. Certificates for five years are now granted by the state board of education upon the recommendation of ?ER?iFrcATEs. ^^^ priuclpal and faculty of the school, and certificates for life are granted to those who have completed a full course of not less than four years study. Certificates granted by the board are legal certificates to teach in all the schools of the state, when recorded with the legal examining officer of the county or city where the holder thereof proposes to teach. 3. The board also holds two examinations each year at Lansing, to examine candidates for state certifi- cERTiFicATEs. ^^^®s. Thcsc cxaminatlons are usually held dur- ing the last weeks of July and December. State certificates are valid during life. 16 SCHOOL LAW 4. The board may indorse state certificates granted in other states, if it be shown that the examina- iNDORSE tions required or courses of study pursued are fciTxE^!^^"^'^' fully equal to the requirements of this statg (1826). 5. It may grant certificates to graduates of colleges of the GRANT COL- statc whose courses of study have been approved [■"xEr"^"" by said board (4805). 6. It may examine and approve text-books in physiology, APPROVE before such text-books are legally adopted for use TEXT-BOOKS, in auy of the public schools of the state (1827). County Board of School Examiners. This board is composed of three persons, the county com- missioner of schools and two examiners, each chosen for terms of two years. THE COMMISSIONER. The commissioner is elected by the people in April of 1903 and of every fourth year, and enters upon the HOW ELECTED, dutlcs of hls officc on the first day of July next after his election. Within ten days after he has received legal notice of his election, he shall take the constitutional oath of office and file a bond in the OATH OF penal sum of one thousand dollars for the faith- OFFICE. •*■ ful performance of his duties (4808). The compensation of the commissioner of schools is fixed by the board of supervisors. The maximum sal- 8ALARY. ary paid in any county is $1,500. In counties having one hundred and twenty-five schools un- der his supervision, the minimum salary is $1,200; in counties having one hundred schools, the lowest limit is $1,000; and Note —Michigan has four normal schools supported by legislative appropriations. The State Normal College at Ypsilanti. the Central State Normal at Mt. Pleasant, the Northern State Normal School at Marquette, and the Western State Normal at Kalamazoo. These schools are in charge of the state board of education. OF MICHIGAN. 17 in counties of fifty schools, $500. In some of the smaller counties of the state the commissioners serve for salaries ranging from $100 to $500 (4817). Before the county clerk can legally issue an order for the salary of the commissioner the latter must meet the follow- ing requirements: 1. File a certified statement from the superintendent of public instruction that all reports required of cERTiriED i^[jj^ have been properly made and filed with said STATEMENT. x j. ./ superintendent. 2. File with the county clerk a detailed statement under oath, showing what schools have been visited by him during the preceding quarter and what amount of time was em- ployed in each school, naming the township and school dis- trict (4817). The necessary contingent expenses of the commissioner for printing, postage, stationery, record books, and CONTINGENT j-eut of rooms for public examinations shall be EXPENSES. '- audited and allowed by the board of supervisors (4817). To be eligible to hold the office of commissioner of schools, QUALiFicA- *^® candidate must possess higher qualifications TioN OF COM- than are required of most officials. Besides hav- ing been a teacher in the public schools of the state for twelve months, he must possess one at least of the following qualifications: 1. Be a graduate of the literary department of some rep- utable college, university, or state normal school having a course of at least three years. 2. Hold a state teacher's certificate. 3. Hold a first grade certificate in the county in which he is elected. 4. Have been a commissioner under the provisions of Act No. 147, public acts of 1891 (4808). 2 18 SCHOOL LAW Counties having less than fifty schools under the super- vision of a commissioner, may elect a commis- iN swALL sioner who is the holder of a second grade cer- count.es. ^.g^,^^g (^^^ QQ^ ]^g95j_ A graduate of a high school or a person to whom a certifi- DATE OF ^^^^ ^^^ granted after the date of his election, CERTIFICATE, ig not legally qualified (94 Mich. 170). Women are also eligible to hold the office of commis- ELiGiBitiTY sioner (4808). OF WOMEN. Whenever a vacancy occurs in the office of commissioner of schools, the county clerk shall issue a call to VACANCY the chairmen of the township boards of school IN OFFICE. . n 1 -i • • -, inspectors of each township m the county, who ghall meet within ten days at the office of the county clerk ftnd appoint a suitable person to fill the vacancy for the un- expired portion of the term (4819). The executive duties of the board of examiners devolve mainly upon the commissioner of schools. No GRANT county certificate is valid without his siernature, CERTIFICATES. "^ ° ' and he is authorized to grant special certificates. He must make out a schedule of the times and places of holding special public examinations in counties SCHEDULE . oFEXAMi- entitled to hold such examinations, and cause said schedule to be published in one or more newspapers of the county ten days before such examination (4811). He is required to examine candidates for admission to the EXAMINE freshman class of the Agricultural College, using COLLEGE CAN- qucstious fumishcd by the president of said Col- lege and forwarded by the superintendent of public instruction (4821). His duties are as follows (480§ to 4819): 1. Immediately after his or her qualification as commis- REPORT TO sioner, to send notice thereof to the superintend- intendent!^" ent of public instruction and the chairman OF MICHIGAN. 19 of each township board of school inspectors of the county. 2. To keep a record of all examinations held by the board RECORD OF EX- ^f school examlncrs and to sign all certificates and AMiNATioNs. othcr papers and reports issued by the board. 3. To receive the institute fees provided by law and to RECEIVE iNSTi- V^Y *^® samc to the county treasurer quarterly, TUTE FEES. beginning September thirtieth in each year. 4. To keep a record of all certificates granted, suspended, or revoked by the said board or commissioner, RECORD OF showing to whom issued, together with the date, CERTIFICATES* j r-> grade, duration of each certificate, and, if sus- pended or revoked, with the date and reason thereof. 5. To furnish previous to the first Monday in September each year, to the township clerk of each town- REcoRD OF gt^ip in the county, a list of all persons legally authorized to teach in the county at large and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such suspension or revocation. 6. To visit each of the schools in the county at least once in each year, and to examine carefully the disci- visiTATioN pline, the mode of instruction, and the progress OF SCHOOLS* ir 7 / i tj and proficiency of pupils: Provided, That in counties containing more than 120 districts (Act 99, 1901), the said commissioner may appoint such assistants as may be necessary, who shall perform such duties pertaining to the visitation and supervision of schools as said commissioner shall direct. The whole expense incurred by such assistant visitors must not exceed the sum of ninety dollars in any one year. 7. To counsel with the teachers and school boards as to the courses of study to be pursued, and as to any COUNSEL WITH improvcment in the discipline and instruction in TEACHERS. ^ , . the schools. 20 SCHOOL LAW 8. To promote by such means as he or she may devise, the improvement of the schools in the county, and ASSISTANT i_ 1 . ""J 5 "'"■^ INSTITUTE the elevation of the character and qualifications CONDUCTOR. Qf ^j^Q teachers and officers thereof, and to act as assistant conductor of institutes appointed by the super- intendent of public instruction, and perform such other duties as the superintendent shall require. 9. To receive the duplicate annual reports of the several boards of school inspectors, examine into their ITeports. correctness, require them to be amended when necessary, indorse his or her approval upon them, and immediately thereafter and before the first day of November in each year, transmit to the superintendent of public instruction one copy of each of said reports and file the other in the office of the county clerk. 10. To be subject to such instructions and rules as the superintendent of public instruction may prescribe ; to receive all blanks and communications that may be sent to him or her by the superintendent of public SeJ'orts. instruction, to dispose of the same as directed, and to make annual reports at the close of the school year to the superintendent of public instruction of his or her official labor, and of the schools of the county, tog-ether with such other information as may be required. 11. To perform such other duties as may be required by law, and, at the close of the term of office, to deliver all records, books and papers belonging to the office to his or her successor. The law creating the office and prescribing- the duties of LIMITATIONS ^^^ commisslouer also places some limitations AND RESTRic- aud restrictlous upon his powers and duties as ■''°''^- follows: 1. No commissioner shall act as ag-ent for the sale of any school furniture, text-books, maps, charts, or other school apparatus.* *NoTE.— This rule also applies to the superintendent of public instruc- tion, instructor at institute and school examiner. Act 134. H»u:?. nialces it the duty of comuiissioners to report annually to the Board of Library Ooaimissioners. OF MICHIGAN. 21 2. He cannot legally grant a second special certificate to the same person. 3. His expenses for printing, postage, rent of rooms, stationery, books, etc., shall not exceed $200 per year. 4. No traveling fees are allowed him while engaged in his official duties. THE EXAMINERS. The examiners are appointed at the October meeting of the board of supervisors for a term of two years, HOW AP- a majority of those present and voting being necessary to a choice (2476). It is so arranged that one examiner goes out of office each year. A person eligible to this office must be the holder of at least a second grade certificate and have had an ELiGiBiLiTx. experience of nine months as teacher (4817). Examiners receive four dollars per day for time actually employed in their official duties, and persons coMPENSA- appointed to assist the commissioner in school visitation receive three dollars per day. The whole expense incurred for assistant visitors in any one year is limited to ninety dollars (4815). When a vacancy occurs in the office of examiner, the com- missioner and remaining examiner, together with oFHCE?^ "^ *^® judge of probate, act as a board to appoint a successor, who shall hold his office for the bal- ance of the unexpired term (4819). The examiners assist the commissioner in the work of con- ducting examinations and issuing certificates. anmnatIons!' ^^^ duties of the board as to the granting of teachers' certificates will be discussed in another chapter. Township Board of School Inspectors, The state constitution (Art. 11, Sec. 1) provides for the election of a township clerk who shall be ex officio school in- 22 SCHOOL LAW spector, and for the election of one school inspector; the statute (684a) in addition to this declares that the term of office shall be two years. The board of school inspectors, therefore, consists of the township clerk and two inspectors. Women are eligible to hold the office ( 2382). The organization of the board must be effected within twenty days after the first Monday in April. The oRGANi- township clerk is the clerk of the board, and the ZATION. "^ ' board shall elect one of their number chairman. The chairman is also the treasurer of the board (4693) and as such is the proper custodian of the township library money (30 Mich. 100). The treasurer is required to give a bond for the safe keep- TREAsuRER's ^^S ^f the mouycs that may come into his hands. BOND. POWERS AND DUTIES.* The chairman of the board of inspectors is required (4808 to 4819): First, To have general supervisory charge of the schools SUPERVISORY of his township, subject to such advice and direc- CHARGE. iiQj^ as the county commissioner may give. Second, To make such reports of his official labors and of „^^E tti® condition of the schools as the superintend- RE PORTS. ent of public instruction may direct or commis- sioner request. The law relative to the powers and duties of school inspect- ors has undergone many changes and, in the older portions of the state, there seems to be little left for them to do. *NOTE.— City and township school districts which have been incorpo- rated as such by special enactment, have various provisions defining the powers and duties, election and term of office of school inspector. In some of these, as in Act No. 176, Laws of 1891, the duties of the inspectors are performed by another set of officers. OP MICHIGAN. 23 The most important of these duties and one which gener- ally falls to the clerk, is the preparation, on the TA*NT DUTY?" ^^^^^ Mondaj in September, of the triplicate an- nual report of the schools of the township to the superintendent of public instruction. Blanks for this pur- pose are prepared at the department of public instruction. One of these reports is filed with the township clerk, another with the county clerk, and the third is sent to the depart- ment office at Lansing. Before making these reports it is the duty of the board to ascertain if the schools have been taught by ACCOUNT.*" legally qualified teachers. The report must contain a full financial account of all moneys received and disbursed (4696). The number of meetings of the inspector at the expense of NUMBER OF ^^^ towushlp shall not exceed eight in any one MEETINGS. year (4697). The authority of the inspectors to form new districts (4646) is discussed in another part of this book. Township Clerh, The township clerk is an important official in the manage- ment of educational matters in his township. POWERS AND DUTIES. We mention briefly some of his chief duties as follows: 1. To act as clerk of the board of school inspectors, attend CLERK BOARD all mcctlngs, and keep a record of their pro- llicTORs. "^" ceedings. 2. To receive all reports to inspectors from school direct- RECEivE ors, and file such reports in his office. REPORTS. 3. To receive all such communications, blanks, and docu- ments as may be transmitted by the superinten- RECEivEcoM- dent of pubHc instructiou, aud dlsposc of them MUNICATtONS. ^ ' ^ as directed by said superintendent (4698 ). 24 SCHOOL LAW 4. To transmit to the county clerk, immediately after the TRANSMIT organization of the board of inspectors, the CHAIRMAN'S name and postoffice address of the chairman of ADDRESS. , ^ said board. 5. To cause a map to be prepared showing the boundaries PREPARE MAP. of thc school dlstrlcts of the township (4700). 6. To make and deliver to the supervisor a certified copy of all statements on file in his office of money to be raised by taxation in the several school districts of his township. 7. To attend to the apportionment of the school moneys of DIRECT ^^^ districts entitled to the same, according to APPORTION- the number of pupils in each between the ages MENTS. n ,> n of five and twenty years. 8. To act as clerk of township board at meetings called to CLERK OF remove school officers (4772). TOWNSHIP BOARD. 9. To act in township school districts of the Upper Pen- TowNSHip insula, as member and ex officio clerk of the soARDOF board of education. His duties in such town- CUUCATION. . , ., , . T , . ships are quite similar to his duties m other townships of the state, and his salary as clerk of the board of education is limited to fifty dollars per year (4823) . OF MICHIGAN. 25 OHAPTEE III. ORGANIZATION OP SCHOOL DISTRICTS. Primary Schools. The original !;'and fundamental school organization in Michigan is the district, which is established by authority of the township board of school inspectors. After a town- ship has been organized, its territory shall be divided into school districts which may be altered from time to time in the discretion of the inspectors. (Amended by Act No. 37, Public Acts of 1901.) The statute directs that the territory of each district must be in as compact form as may be (4646). It is not FORM essential that the territory of the maximum AND SIZE. "^ school district shall contain exactly nine full sections of land, but it must not contain more than 5,760 acres (75 Mich. 143). After an organization has been effected by the inspectors, NOTICE OF ^ti is the duty of the clerk to deliver to a taxable FIRST MEET- inhabitant of the district a notice in writing: of the formation of such district, describing its boundaries and specifying the time and place of the first meeting, which notice, with the fact of such delivery, is entered upon record by the clerk. The notice also directs such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his place of residence, of the time and place of said meeting, at least five days before the time appointed therefor; and it is the duty of such inhabitant to notify the qualified voters of said district accordingly; and said, inhabitant, when he has notified the qualified voters, indorses thereon a return, showing such notification with the date or dates thereof, and delivers such notice and return to the chairman of the 26 SCHOOL LAW meeting, to be by him delivered to the director chosen at such meeting, and by said director recorded at length as a part of the records of the district (4647). A school district created by special legislative enactment SPECIAL cannot be dissolved or changed by the school ENAcrilli'T. inspectors (17 Mich. 223). In case the inhabitants of the district fail to organize as above indicated, the clerk shall give a new FAILURE TO notlcc and the residents of the district shall pro- ORGANIZE. , . , p ^ . ceed m the same manner as in case of first notice (4648). Fractional districts are districts formed from territory taken from two or more adjoining townships. FRACTIONAL Such dlstrlcts are formed by ioint action of the DISTRICTS. "^ '' township boards of inspectors of tiie townships interested. They are organized in the same manner as other primary school districts, and the ofificers report to the clerk of the township in which the school house is situated. The inspectors assign a number to each school district thus established (4649). Any unorganized territory cannot be included in a school UNORGANIZED ^istrlct aud taxed for school purposes (45 Mich. TERRITORY. 559), uulcss at the request of the owner (4655). The proceedings in the organization of school districts are many times informal and irregular. The statute ORGANIZED aud courts have wisely declared that, however DISTRICTS. awkward and improper may have been such pro- ceedings, a school district is deemed duly organized when any two of the officers elected at the first meeting have filed their acceptances in writing with the director, and the same have been recorded in the minutes of such first meet- ing. Every school district is presumed to be legally organ- ized when it has exercised the franchises and privileges of a district for the term of two years; and such school district and its officers shall be entitled to all the rights, privileges, OP MICHIGAN. 2f7 and immunities, and be subject to all the duties and liabili- ties conferred upon school districts by law (4650: 81 Mich. 339). A district organized under the laws of Michigan has a corporate existence and possesses the usual powers of a cor- poration for public purposes (4652). CHANGES IN THE BOUNDARIES OF PRIMARY SCHOOL DISTRICTS. These are effected by the inspectors, under certain regu- lations and restrictions. After a district has exercised its corporate functions for several years, its boundaries should not be altered for trivial reasons. The official acts of inspectors in the change of district boundaries are therefore quite carefully guarded by the statutes. Whenever the board of school inspectors contemplates an alteration of the boundaries of a district, the township clerk (and for meetings of boards to act in relation to MEETING.'' fractional districts, clerks of the several town- ships interested) gives at least ten days' notice of the time and place of the meeting of the inspectors, and of the alterations proposed, by posting such notice in three public places in the township or townships, one of which notices is posted in each of the districts that maybe affected by such alteration. Whenever the board of school inspect- ors of more than one township meet, they elect one of their number chairman and another clerk (4653). The inspectors may, in their discretion, detach the prop- TRANSFER OF ^^^^ ^^ ^^^ pcrsou Or persons from one district TERRITORY OF aud attach it to another, except that no land TAXPAYERS. ^-jryiQ^ j^as bceu taxed for building a school house can be set off into another school district for the period of three years thereafter, without the consent of the ov/ner thereof; and no district can be divided into two or more districts without the consent of a majority of the resi- 28 SCHOOL LAW dent taxpayers of said district; and no two or more districts can be consolidated without the consent of a majority of the resident taxpayers of each district (4654). The inspectors have the right to detach such territory as they see fit (except as stated above), unless such CONSENT OF actlou would practically destroy the district (67 Mich. 601); but they have no authority to divide up the district and destroy it without the consent of a majority of the resident taxpayers; nor can they destroy it by cutting it up into pieces, and attaching all the territory to other districts without such consent (71 Mich. 87). The inspectors may attach to a school district any person residing in a township and not in any organized INDIVIDUALS district, at his request; and, for all district pur- SET OFF. ' . ^ ' -.,.,-,. ,1 poses, except raising a tax for building a school house, such person is considered as residing in such district; but when set off to a new district, no sum is raised for such person as his proportion of the district property (4655). In all cases where an alteration of the boundaries of a school district is made, the township clerk is re- NOTicE OF quired within ten days to deliver to the director ALTERATION. ^ '' of each district affected by the alteration, a no- tice in writing, setting forth the action of the inspectors and defining the alterations that have been made (4656). When a new district is formed in whole or in part, from one or more districts possessed of a school house or entitled to other property, the inspectors, at the time of forming such new district or as soon thereafter as may be, ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as the proportion of such new district, of the value of the school house and other property belonging to the former district at the time of such division; and when- ever, by the division of any district, the school house or site thereof is no longer conveniently located for school OF MICHIGAN. 29 purposes and is not desired for use by the new district in which it may be situated, the school inspectors of the town- ship in which such school house and site is DIVISION OF located, may advertise and sell the same and PROPERTY. ' '' apportion the proceeds of such sale, as also any moneys belonging to the district thus divided, among the several districts erected in whole or in part from the divided district. Such proportion is ascertained and determined according to the value of the taxable property of the respective parts of such former district at the time of the division, by the best evidence in the power of the inspectors; and DEBTS FOR- such amouut of any debt due from the former MERLY DUE. '^ district which would have been a charge upon the new had it remained in the former district, is deducted from such proportion: Provided, That no real estate thus set off, which has not been taxed for the purchase or build- ing of such school house, shall be entitled to any portion thereof, nor be taken into account in such division of dis- trict property. Graded Schools. The term graded school as used in the laws of the State is sometimes confused with those schools which have, by authority of the school board and teacher, adopted a graded course of study according to the manual and course of study published by the superintendent of public instruction. In using the term we refer exclusively to districts organized under the law for graded schools. All such schools are first organized as primary districts, and all graded "ow schools, whether created under special acts or CLASSIFIED. ' ^ organized under general laws, are subject to the general primary school law, except in so far as the acts cre- ating them or under which they are organized, are incon- sistent with it (18 Mich. 400). 30 SCHOOL LAW Any school district containing more than one hundred BCR OF children of school age may organize as a graded CHILDREN. district. The vote may be taken at any school meeting properly called, and a two-thirds vote of the qualified "°*^ voters is required (4746). The district voting to ORGANIZED. -a ^ / a organize as a graded district, elects at such meeting a board of trustees, and the time from the date of the meeting to the date of the next annual school meeting is reckoned as one year. ALTERATION IN BOUNDARIES OF GRADED DISTRICT. The authority to make changes in the boundaries of graded districts is given to the board of inspectors, with the follow- ing limitations: No alteration can be made in the boundaries of any graded school district, without the consent of a majority CHANGED. ^^ ^^^ trustees of said district, which consent must be spread upon the records of the district and placed on file in the ofiice of the clerk of the board of school inspectors of the township or city to which the re- ports of said district are made (97 Mich. 127). Graded school districts are not restricted to nine sections of land (4749).* Whenever two or more contiguous districts having to- gether more than one hundred children of school CONSOLIDA- TioN OF Dis- age, have published in the notices of the annual *^^^' meetings of each district the intention to take *NoTE.— Section 4749 was amended by the legislature of 1899 by add- ing a proviso: That any three or more tax paying electors having chil- dren between the ages of five and twelve years, residing one and one- half miles or more from a school house in such district, feeling ag- grieved by any action of the board of trustees with reference to the alteration of a school district, affecting their interests, may within sixty days from the time of such action appeal to the judge of probate of the county in which such school house is situated Said appellants shall file a bond with said judge of probate, in the penal sum of two hun- dred doUars, indemnifying said school district of any and all costs made on such appeal in case the appellants shall not prevail therein. Where- upon said judge of probate shall be empowered to entertain such ap- peal, and review, confirm or set aside or amend the action. (Act 258, 1899.) OF MICHIGAN. 31 such action and have, by a vote of two-thirds of the qualified voters attending the annual meetings in said districts, deter- mined to unite for the purpose of establishing a graded school district, the school inspectors of the township or townships in which such districts may be situated are required, on be- ing properly notified of such vote, to unite such districts and to appoint a time and place for a meeting of the new district. Three notices of the same must be posted in each of the dis- tricts so united at least five d^^ys before the time of such meeting. At this meeting the district elects a board of trus- tees and transacts the usual business of an annual school meeting (4750). Whenever the trustees of any organized graded school CHANGE district are presented, twenty days before the FROM GRADED auuual meeting, with a petition signed by ten I O PR I RAM WY DISTRICT. electors of said district, stating that it is their desire that, at the annual meeting of the school district, there be submitted a proposition to change from a graded district to one or more primary districts, the trustees shall, in their notice of such annual meeting, state that the propo- sition set forth in said petition will be presented at the meeting; and, if two-thirds of the qualified voters present at said meeting vote to change to one or more primary dis- tricts, the change shall be made, and it becomes the duty of the board of school inspectors of the township or townships in which the district is situated, upon being duly notified of such vote, to change or divide the district as determined by such annual meeting, and to provide for the holding of the first meeting in each of the proposed primary districts in the same manner as is provided for by law for the organization of primary districts ; and whenever a fractional graded school district is so changed, the township boards of school inspectors of the respective townships where such graded school district is situated, organize the district into one or more primary districts (4751). 32 SCHOOL LAW ^Township Districts. Michigan has townships organized as school districts, and every legislature, by the passage of special acts, adds others to the number. As the student will readily observe, the township district can not be organized under either of the laws for the primary or graded districts. The majority of the township districts of the state are in the Upper Peninsula and are authorized by the provision of Actt 176, Public Acts of 1891. By this law the qualified voters of a township petition the township board "°^ to give notice of a special meeting of the town- ORGANIZED. •= l- to ship board and school inspectors to be held with- in five days. J It is necessary that the petition be signed by a majority of the voters of the township, and be filed with the township clerk at least fifteen days prior to the first day of July. To ascertain whether a majority of the qualified voters have signed the petition, the township board is re- quired to compare the names on the petition with the names on the list of registered voters qualified to vote at the pre- ceding election. If the board finds that a majority of the qualified voters have signed the petition, it is its duty to give notice that, on the second Monday of July, the town- ship school officers shall be chosen. The township board makes and files, both with the county clerk and the commis- sioner of schools of 'the county in which such township is located, a certified copy of the petition with their findings and doings thereon (93 Mich. 281). Thereupon such township becomes a single school district which is sub- ject to all the general laws of the state, so far as the same may be applicable, and said district has all the powers and privileges conferred upon other school districts by the laws of this state, all the general provisions of which relating to common or primary schools shall apply and be *NOTB— Read carefully Act 154, 1903. tNoTE— This act has been declared constitutional by the supreme court. 93 Mich. 280. JNoTE— See decision of supreme court. 98 Mich. 441. OF MICHIGAN. 33 enforced in said district, except such as shall be inconsistent with the provisions of this act (4823 to 4838). DISTRICT MEETINGS. The first Monday of September is the date fixed by law for IN PRIMARY ^^® annual meeting of primary and graded AND GRADED school dlstrlcts. The voters of a district may, however, by a vote of any properly called meet- ing, decide to fix the date of its annual meeting on the second Monday of July. They are also authorized to change back to the September date in a similar manner. The ofBcers chosen at an annual meeting, date their terms of office from the date of election and continue in office until their successors are elected and qualified (4659). In township districts the annual meeting is held on the second Monday of July of each year. Act 154, IN TOWNSHIP -iQAo DISTRICTS. loUO. At this meeting the township school officers are chosen, the amount of money to be raised by tax for BE TRANS- school purposes Is determined, and the annual *^"^^°' detailed report of the board of education is pub- licly read by the president of the board or, in his absence, by the clerk. Districts in cities organized by special legislative enact- iN DISTRICTS ment hold annual meetings on the date specified UNDER . ° SPECIAL ACT. in the act. The time of taking the annual school census by the director and school officers is the same in all districts of CENSUS. til® state, being the fifteen days previous to the first Monday in September. And by act passed by the legislature of 1897 census enumerators are required, in addition to what was formerly required, to give the names^ residences, street and numbers of the parents or guardians of children whose names appear in the census. In primary school districts the residences of the children must also be mentioned. The same act also provides a penalty of a fine 3 34 SCHOOL LAW and imprisonment on parents convicted of giving false in- formation to census enumerator (4687). The same penalty- may be inflicted on the enumerator for making a false re- port. Special meetings may be called by the district board. It is the duty of the board or any one of them, to SPECIAL call such meetings on the written request of not MEETINGS. , , ^ , , n ,•%..., -I less than five legal voters of the district, by giv- ing the required notice. No special meeting can legally be called, unless the business to be transacted may lawfully come before such meeting (4660). NOTICES. Six days' notice of all district meetings must be given by FOR DISTRICT ^^^ postlug of wrltteu notices in three of the MEETINGS. most public places of the district. These notices are prepared by the director, and one copy is placed on the outer door of the school house (4661). When a special meeting is called for the purpose of estab- FOR SPECIAL lishing or changing a school site, a ten days' MEETINGS. notice is required. It is the duty of any school officer, upon receiving a re- quest signed by five legal voters, to call such WHEN GIVEN. ^ . ° ^ , . ' , ^ meeting on a date between six and twelve days from the time such request is received. All notices of special meetings must contain a statement of all the business which is proposed to be trans- CONTENTS. ,^^,r.v acted at such meeting (5048). Failure on the part of a director to give notice of an annual FAILURE TO meeting, does not invalidate the proceedings of GIVE NOTICE tihe meeting, unless it appears that the director OF ANNUAL *' ^ ^ MEETING. wilfully and fraudulently omitted to give notice. No notices of district meetings in township districts are re- quired, as the only meeting provided in the act IN TOWNSHIP i3 lY^Q annual township meeting held on the DISTRICTS. second Monday of July. Act 154, 1903. OF MICHIGAN. 35 CHAPTEE IV. POWERS OF VOTERS AT DISTRICT MEETINGS. By the school laws of the state certain powers and duties are delegated to the voters of the district, certain other powers and duties are given wholly to the district officers, while still other powers and duties are given to the district officers with the consent of a majority of the qualified voters. School officers and patrons of schools would save themselves much controversy and litigation, if each would carefully study and correctly determine where the authority rests and, having thus informed himself, carefully avoid assuming re- sponsibility which belongs to others. In this book we shall attempt to arrange these powers and duties in such an order that they may be better understood by those who are en- trusted with their enforcement. Primary Districts. The qualified voters in any school district, when lawfully assembled at the first and at each annual meeting or at an adjournment thereof or at any special meeting lawfully called, except as otherwise provided, have power (4659): 1. At any meeting after the organization of the district, in the absence of the moderator, to appoint a APPOINT chairman and, in the absence of the director, to CHAIRMAN* appoint a person to act in his stead. 2. To adjourn from time to time as occasion ADJOURN. may require. ELECT 3. To elect district officers. OFFICERS. 36 SCHOOL LAW 4. To designate a site or such nUmber of sites LOCATE SITES, as may be desired for school houses, and to change or enlarge the same when necessary. See Act 182, 1903. 5. To direct the purchasing or leasing of a site or sites, lawfully determined upon; also the building, hir- DiRECT PUR- ing or purchasing of a school house or houses, or si^TEsrETc!" the enlarging of a site or sites previously estab- lished. 6. To vote such tax as the meeting may deem sufficient for purchasing or leasing a site or sites, or for TAX FOR SITES buildiug, hlrlug or purchasing a school house or puRPosEsI"^*^ houses; but the amount of taxes to be raised in any district for the purpose of purchasing or building a school house or houses in the same year that any bonded indebtedness is incurred, shall not exceed, in dis- tricts containing less than ten children between the ages of five and twenty years, two hundred and fifty dollars; in dis- tricts having between ten and thirty children of like age, it shall not exceed five hundred dollars; and in districts having between thirty and fifty children of like age, it shall not ex- ceed one thousand dollars. (See also Chap. X.) *7. To impose such tax as shall be necessary to keep their school house or houses in repair, and to provide PAiRs^oR^NEc- t^6 necessary appendages and school apparatus; EssARY AP- ij2 districts having district libraries, to provide PENDAGES. ® , for the support of the same, and to pay and dis- charge any debts or liabilities of the district lawfully in- curred, and also to pay for the services of any district officer. The tax herein authorized to be voted shall not exceed one- half the amount which the district is authorized to raise for building school houses. (See also Chap. X.) 8. To authorize and direct the sale of any school house, site, building or other property belonging to the •cHooL district, when the same shall no longer be needed PROPERTY. f^^ ^^Q ^33 Qf ^^Q district. *See note next page. OF MICHIGAN. 37 9. To give such directions and make such provisions as they shall deem necessary in relation to the pros- AG/uNST ecution or defense of any suit or proceeding in DISTRICT. which the district may be a party or interested. 10. To appoint, as in their discretion it may be necessary, a building committee to perform such duties in BUILDING supervising" the work of building a school house COMMITTEE. i- o <=> as they, by vote, may direct. 11. At the first and the annual meetings only, to deter- mine the length of time a school shall be taught LENGTH OF ^jj thclr dlstrlct during the ensuing year, which SCHOOL YEAR. , „ , , , *= . ,.-,.,.. shall not be less than nine months m districts having eight hundred children over five and under twenty years of age, and not less than five months in all other dis- tricts, on pain of forfeiture of their share of the primary school interest fund (Act 15, 1895). But in case such matters shall not be determined at the first or annual meetings, the district board shall determine the same; and in case the dis- trict fails to vote for at least the minimum length required herein, the district board shall make provisions for said min- imum length of school. *12. To appropriate any surplus moneys arising from the one mill tax (after having maintained a school SURPLUS OF j[j3 the district at least eight months in the school ONE-MILL TAX. ^ „ , „ i • -, i year), for the purpose of purchasing and enlarg- ing school sites, or for building or repairing school houses, or for purchasing library books, globes, maps and other school apparatus, or for any incidental expenses of the school (4665). 13. By a two-thirds vote of the qualified electors present at any annual meeting or a special meeting called BORROW for that purpose, to borrow money and issue MONEY. J. J. I " bonds to pay for a schoolhouse site or sites, and to erect and furnish school building (4707). *Act 10, 1903, gives voters power to appropriate money from the one mill tax for the purpose of transporting pupils to and from school, and to vote a tax for the same purpose. 38 SCHOOL LAW 14. To decide by a two- thirds vote of tlie tax-paying voters TRANSFER TO of the district, to use money for some purpose PuND."^" other than that for which it was raised (4676). 15. To designate by a two-thirds vote of those present, such number of sites as may be desired for school SCHOOL SITES. j^Q^ggg (5114). 16. By a two-thirds vote, to establish a district library ESTABLISH (4756). LIBRARY. 17. To vote to furnish free text-books to all the pupils of FURNISH the district (4775). TEXT-BOOKS. 18. To vote to close school house against public meetings CLOSE SCHOOL (4678). HOUSE. Qualified Voters at District Meetings, The qualification of voters at school meetings is limited to citizens of the United States, and of the state, township and school district in which such citizens offer to vote. The legal qualification of voters at school meetings is a subject of much discussion and controversy, and we give below care- fully prepared statements of the necessary qualifications: 1. On all questions which do not directly involve the rais- QUESTioNs i^g" of money by a tax, all citizens, male or NOT iNvoLv- female, who have resided in the district the three ING RAISING ' -. _ - , . , OF MONEY. months next preceding the school meeting, who are twenty-one years of age and are parents or legal guard- ians of children included in the school census, may vote (4662). 2. All citizens, male or female, who are twenty-one years of age and are the owners of property assessed PROPE RTY QUALiFicA- foi* school taxes, may vote on all questions at dis- "'''°'*' trict meetings. 3. In township districts and in several cities organized by special legislative enactment, the right to vote WOMEN 1 c-> / c? BARRED FROM Is givcu Only to those who are qualified voters VOTING. jqj. township and city officers. The legal voters OP MICHIGAN. 39 for school officers at such district meetings, therefore, are only those who have the right to vote the entire township or city ticket (Act 176, 1891; 59 Mich. 165; 76 Mich. 1). Act No. 138, Public Acts of 1893, giving women the right to vote m all school, city and village elections, was declared uncon- stitutional by our supreme court. GRADED DISTRICTS. The pOAvers and duties of voters in graded school districts are the same as those in primary districts, so far at such powers and duties are consistent with the law for the organ- ization of graded districts. The following is taken from the first section of the act: Any school district containing more than one hundred children between the ages of five and twenty years may, by a two-thirds vote of the qualified electors present at any annual or special meeting, organize as a graded school district: Provided, That the intention to take such vote shall be expressed in the notice of such annual or special meeting. When such change in the organization of the trust'ees?"^ district shall have been voted, the voters at such annual or special meeting shall proceed immedi- ately to elect by ballot from the qualified voters of the dis- trict, one trustee for the term of one year, two for the term of two years, and two for a term of three years, and annually thereafter a successor or successors to the trustee or trustees whose terms of office shall expire (5132). TOWNSHIP DISTRICTS. These are subject to all the general laws of the state, so far as the same may be applicable, and the voters have all the powers and privileges conferred upon graded school districts (1823). Read Act 154, Laws of 1903. 40 SCHOOL LAW Challenging of Voters. When a person who is supposed to be unqualified to vote on any question which shall come before the CHALLENGED, ^oters of a district meeting, offers to vote, his vote may be challenged by any legal voter pres- ent; and it is the duty of the chairman to require such person to take his oath that he is legally qualified. If such person refuses to take the oath, his vote is rejected. A person who takes a false oath, is deemed guilty of pre jury and may be tried and punished according to the law for such an offense. When any question is taken in any other manner than by ballot, a challenge immediately after the vote WHEN NOT ' I, , T VOTING BY has been taken shall be deemed to be made ^*'"'"°^' when offering to vote, and treated in the same manner (4664). Disorderly Conduct. If, at any district meeting, any person conduct himself in a disorderly manner and, after notice from the OF OFFENDER, modcrator or person presiding, persists therein, the moderator or person presiding may order him to withdraw from the meeting and, on his refusal, may order any constable or other persons to take him into custody until the meeting shall be adjourned. Any pei^son who refuses to withdraw from such meeting on being so ordered, and also any person who wil- w"hdraw° fully disturbs such meeting by rude and indecent behavior, or by profane or indecent discourse, or in any other way makes a disturbance, shall, on convic- tion thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days; and any justice of the peace, recorder, or police justice of the township, ward, or city where such offense is committed, shall have jurisdiction to try and determine the same (4665). OF MICHIGAN. 41 CHAPTEE y. SCHOOL OFFICERS. In Primary Districts. At the first meeting in each newly organized school district there is elected a moderator for a term of three years, a director for a term of two years, and a treasurer for a term of one year. By arranging in this way, the term of office of one expires each year and the length of each term is three years (4666). All school oflacers must be chosen by ballot -to be legally elected. This provision is mandatory and must HOW ELECTED, bc obscrvcd (75 Mich. 143). All ballots cast under statutory requirements are formal and final. There can be no such thing as an informal ballot. If on a first ballot a person receives a majority of all the votes cast, there is an election and the vote cannot be repeat- ed (78 Mich. 635). Officers who were chosen unanimously {viva voce) at a regularly called meeting, and who have quali- fied and are acting, are officers de facto and the public interest demands that they shall not be disturbed (75 Mich. 143). School officers cannot be elected by a bare plurality vote. In electing officers the district acts in its cor- VOTE DOES porate capacity, and no corporate action can be NOT ELECT. j^^^ wlthout thc concurrcnce of the majority (Atty. Gen., July 18, 1877). The moderator, director, and treasurer shall constitute the district board. Meetings of the board may be " Busmlssl* called by any member thereof, by serving on the other members a written notice of the time and 42 SCHOOL LAW place of such meeting at least twenty-four hours before such meeting is to take place; and no act authorized to be done by the district board is valid, unless voted at a meeting of the board. A majority of the members of the board at a meet- ing is necessary for the transaction of business (4671). ELIGIBILITY TO DISTRICT OFFICES. Any qualified voter in a school district whose name appears upon the assessment roll, and is the owner in his own right of the property so assessed, shall be eligible to election or appointment to office in such school district, unless such person be an alien. Act 21, 1903, requires affidavit that name of officer elect appears on assessment roll. ACCEPTANCES. Within ten days after their election or appointment, the several officers of each school district shall file with the di- rector written acceptances of the offices to which they have been respectively elected or appointed, and such acceptances are entered in the records of the district by said director (4670, 4737). In township districts the officers file acceptances within five days after being notified, and such notification is made within five days after election or appointment. VACANCIES. A district office may become vacant by: 1. Death of the incumbent. 2. Resignation. 3. Removal from office. 4. Removal from the district. 5. Conviction of any infamous crime. 6. Election or appointment being declared void by a com- petent tribunal. 7. Neglect to file acceptance of office, or to give or renew any official bond as required by law. 8. Ceasing to be a taxpayer in the district (Act 21, 1903). OF MICHIGAN. 43 Temporary absence of an officer does not create a vacancy in the office. If his family continues to reside ABSENc^"^ in the district, he retains his residence. (Atty. Gen., Feb. 8, 1882.) FILLING OF VACANCIES. In case any one of the district offices becomes vacant, the two remaininer officers shall immediately fill BY THE RE- *= , j. , zv, i MAiNiNG such vacancy, or m case two of the offices be- oFFicERs. come vacant, the remaining- officer shall imme- diately call a special meeting of the district to fill such vacancies. In case any vacancy is not filled as herein provided within twenty days after it shall have occurred, or in BY BOARD OF J o -, . . , , i / SCHOOL IN- case all the offices in a district shall become spECTORs. vacant, the board of school inspectors of the township to which the annual reports of such district are made shall fill such vacancies. Any person elected or appointed to fill a vacancy in a district office shall hold such office until the ''''"1?J.^J?'"°' next succeeding- annual meeting, at which time ING OFFICE. ° °' the voters of the district shall fill such office for the unexpired portion of the term (4668). In graded districts the trustees have power to fill any va- VACANCY IN cancy that may occur in their number, until the grade^d"dis°'* ^^^* annual meeting (4747). The same is true in TRicTs. case of a vacancy on the township board of edu- cation (4827). POWERS AND DUTIES OF DISTRICT BOARD. It is impossible to enumerate in detail all of the many duties which the officers of a district are called upon to perform. Below is given a summary of their most impor- tant duties, followed farther on by a similar summary of the powers and duties of each individual school officer: 44 SCHOOL LAW 1. To purchase a record book and such other books, blanks, and stationery as may be necessary to RECORD BOOKS «/ « v AND STATION- keep a record of the proceedings of the district ^"^^ meetings and of meetings of the board, the accounts of the assessor, and for doing the business of the district in an orderly manner (4672, 24 Mich. 353). 2. To purchase or lease, in the corporate name of the district, such sites for school houses as have SCHOOL SITES, been lawfully designated; to build, hire or pur- chase such school houses as may be necessary, out of the fund provided for that purpose; and to make sale of any site or other property of the district, when lawfully directed by the qualified voters (4673). 3. To estimate the amount necessary to be raised, in addition to other school funds, for the entire BE RA?s?D^° support of such schools, including teachers' wages, fuel and other incidental expenses, and for deficiencies of the previous year for such purposes. In districts having less than thirty scholars, such estimate, including the district's share of the primary school interest fund and one-mill tax, must not exceed the sum of fifty dol- lars a month for the period during which school is held in such district; and when such amount has been estimated and voted by the district board, it is reported for assess- ment and collection, the same as other district taxes. When a tax has been estimated and voted by the district board under the provisions of this section, and MONEYr°^ is needed before it can be collected, the district board may borrow to an amount not exceeding the amount of said tax (4674). 4. Between the first and third Mondays in September in ANNUAL RE- each year, to make out and deliver to the town- TowNSHip ^^^P clerk of each township in which any part of CLERK. the district is situated, a report in writing of all taxes voted by the district during the preceding year. OF MICHIGAN. 45 and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district (4675). 5. To apply and pay over all school moneys belonging to SCHOOL ^^^ district, in accordance with the provisions FUNDS. of law regulating the same. 6. To present to the district at each annual meeting, a report in writing containing an accurate state- ANNUAL RE- ^ -.-,.. . -, ■, PORT TO Dis- ment of all moneys of the district received by TRicTs. them during the preceding year, and of the disbursements made by them, with the items of such re- ceipts and disbursements, such report to contain a statement of all taxes assessed upon the taxable property of the dis- trict during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose. Said report is entered by the director in the records of the district (4677). 7. To hire and contract with such duly qualified teachers as may be required, all contracts to be in writ- CONTRACT "^ -a > WITH TEACH- lug aud slgued by a majority of the board on ^"®* behalf of the district. A teacher's contract can not be made with a member of the board (Act 62, 1901). (4678). 8. To have the care and custody of the school house and other property of the district, except so far as CUSTODY OF , r- r- ./ -, . / . ^ / . n SCHOOL the same, by vote of the district, be specially PROPERTY. confided to the custody of the director, includ- ing all books purchased for the use of indigent pupils;* to open the school house for public meetings, unless by a vote at a district meeting it shall be determined otherwise: Pro- vided, That said board may exclude such public meetings during the five school days of each week of any and all school terms, or such part thereof as in their discretion they may deem for the best interest of the schools (4679). 9. To specify the studies to be pursued in the schools of the district (4680). *NOTE— And provide a water supply. Act 146, 1901. 46 SCHOOL LAW 10. On making a selection of text-books, to keep a record thereof in their proceedings; and text-books TEXT-BOOKS once adopted shall not be changed within five ADOPTED. years, except by the consent of a majority of the qualified voters of the district present at an annual meeting or at a special meeting called for that purpose. 11. To require each teacher in the public schools of such district, before placing the school register in INSTRUCTION ' , ■, n . ^ . ■> i IN PHYSIOLOGY thc hands of the director, to certify therein AND HYGIENE, ^yj^gj^j^gj. qj. jjq^ rGquircd instruction in physiol- ogy and hygiene has been given in the school or grade presided over by such teacher; and it is the duty of the director of the district to file with the township clerk a certified copy of such certificate. Any school board neglect- ing or refusing to comply with this requirement is subject to a fine or forfeiture, the same as for neglect of any other duty pertaining to the office. This applies to all schools in the state, including schools in cities or villages, whether in- corporated under special charter or under the general laws (4680). 12. To purchase at the expense of the district, such text- books as may be necessary for the use of chil- text-"boVks. dren when parents are not able to furnish the same, and to include the amount of such pur- chase in the report to the township clerk or clerks, to be levied in like manner as other district taxes (4681). 13. To have the general care of the school, and to make and enforce suitable rules and regulations for SUSPENSION^" its government and management, and for the preservation of the property of the district. Said board may authorize or order the suspension or expul- sion from the school of any pupil guilty of gross misde- meanor or persistent disobedience, whenever, in its judg- ment, the interests of the school demand it (4682). (See also Chap. X.) OF MICHIGAN. 47 14. To admit to the district school non-resident pupils, in its discretion, and to determine the rates oi DENT^pupTLs ^uition of such pupils and collect the same, which tuition shall not be greater than fifteen per cent more than the average cost per capita for the num- ber of pupils of school age in the district (4684). 15. To have charge of any library which may have been es- tablished in the district (5142). It may also do- Li'BRARy^'' nate or sell any library book or books belonging to the district, to the board of school inspectors of the township or townships in which the district is wholly or partly situated (4750). 16. To purchase text-books for all the pupils of the dis- FREE TEXT- trlct, wheu authorized by the voters of the dis- BooKs. trict (4775). 17. To purchase a flag and flag-staff for each school house, such flag not to be smaller than four feet two inches by eight feet (4802). Board of Education of Graded Schools, The graded school board is composed of five members elected at the annual meeting for a term of three years. At the time of the organization into a graded district, one mem- ber is elected for a term of one year, two for terms of two years, and two for terms of three years (4746). As in the case of officers of primary districts, these school officers must be elected by ballot and hold office HOW ELECTED, uutll their successors are elected and qualified. A majority vote is also necessary. The board elects from its own number the director, moderator, and treasurer for one year.* In case of a failure of the board to *NOTE.— Many times ia districts organized, by special enactment school officers are known by other titles; as president, secretary and treasurer. Unless such special acts plainly prescribe the duties of such officers, the duties belonging to the moderator, director, and treasurer are performed by the president, secretary, and treasurer, in the order named respectively. 48 SCHOOL LAW agree in the appointment of its officers, the school inspectors of the township or city are authorized to make the appoint- ment (4747). POWERS AND DUTIES. Besides having the same powers that are possessed by school officers of primary school districts, the officers of graded districts are authorized: 1. To classify and grade the pupils attending school in such district, and cause them to be taught in OF scnlfoL. ^^^^ schools or departments as they may deem expedient (4748). 2. To establish in such district a high school, when or- dered by a vote of the district at an annual ADMISSION, meeting, and to determine the qualifications for admission to such school and the fees to be paid for tuition in any branches taught therein: Provided, That when the parents or guardians of non-resident pupils pay a school tax in said district, the same shall be credited on their tuition a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference between the amount of the tax and the amount charged for tuition (4748). 3. To audit and order the payment of all accounts of the director for incidental or other expenses in- JcciuNTsr" curred by him in the discharge of his duties ; but no more than fifty dollars may be expended by the director in any one year for repairs of the buildings or appurtenances of the district property, without the au- ority of the board of trustees. 4. To employ all qualified teachers necessary for the sev- coNTRACT ^^^^ schools, to determine the amount of their WITH TEACH- compensatiou, and to require the director and ERS moderator to make contracts with the same on behalf of the district, in accordance with the provisions of law concerning contracts with teachers. (See Act 62, 1901.) OF MICHIGAN. 49 5. To employ such officers and servants as may be neces- EMPLOY s^^y? ^or the management of the schools and JANITORS, school property, and to prescribe their duties ETC and fix their compensation. 6. To publish, previous to the third Monday of September, in one or more newspapers of the district, a full and item- ized financial statement of the receipts and expenditures of the district during the year just preceding (4800). Board of Education of Toiunshir) Districts. The board of education of a township district consists of five trustees, see Act 154, 1903. Said trustees HOW ELECTED. ^^® clectcd by ballot at the annual meeting of the district upon a ticket canvassed in the same manner as the vote for township officers. Within five days after the annual election the township clerk is required to give written notice of their election to the persons elected trustees, and within five days thereafter said trustees so elected shall take and subscribe the oath of office prescribed by the constitution of this state, before any officer author- ized to administer oaths, and file the same with the town- ship clerk (4823). The term of office of the trustees of said district com- mences on the second Monday following the TERM OF annual township election at which they are OFFICE. *' elected, and continues for three years and until their successors are elected and qualified. ORGANIZATION. The members of the board of education meet on the fourth Monday of July of each year and elect from PRESIDENT. their number a president, a secretary and a treas- urer. The president is entitled to vote in all cases. In the absence of the president at any meeting, a 4 50 SCHOOL LAW majority of the members present may choose one of their own number president pro tem (4826). The secretary records all proceedings of annual and special meetings of the district and of all meet- SECRETARY. Ings of the board, files all records, and other documents belonging to the district, and per- forms other duties usually required of the director in pri- mary school districts. It is the duty of the treasurer in each district to execute and file with the secretary, within ten days TREASURER, aftcr Ms election or appointment, a bond in the full amount of money to come into his hands during his term of office, with two resident sureties, or shall furnish a bond of some surety company authorized to do business in this state, to be approved by the president and secretary of the board. It is the duty of the treasurer to receive from the township treasurer, all moneys appropri- ated or apportioned for school purposes. He has the keep- ing of all school and library moneys, and pays out the same upon warrants or orders drawn upon him and signed by the secretary and countersigned by the president. He performs such other duties as are required of the treasurer in primary school districts. MEETINGS. The regular meetings of the board are held on the fourth Monday of March, June, September and Decem- REGULAR. in each year. No notice of such meeting is re- quired. Any two members is sufficient to ajdourn any meeting from time to time until a quorum is present. Special meetings of the board may be called at any time on the request of the president, or any two mem- 8PECIAL. bers thereof, in writing, delivered to the secre- tary and the secretary upon receiving such OF MICHIGAN. 51 request shall at once notify each member, if within the district, of the time of holding- such meeting, which shall be at least two days subsequent to the time of receiving such request by the secretary. The compensation of the members of this board other than the secretary and treasurer is two dollars for coMPENSA- each regular board meeting. The secretary and offk;ers. treasurer receives such compensation for their services as the board of education determines not exceeding- one hundred dollars for the treasurer and one hundred twenty-five dollars for the secretary, per annum. POWERS AND DUTIES. All the duties required of school inspectors, in townships organized under the primary school law, are performed by the township board of education. The township board of in- spectors, therefore, has no separate existence in such town- ships. The following are the principal duties of township school officers: 1. To designate and purchase school house sites. 2. To erect buildings and furnish the same. 3. To employ legally qualified teachers. 4. To provide books for district library. 5. To make by-laws relative to the taking of the school census. 6. To make all necessary reports and transmit the same to the proper officers. 7. To make needful regulations and by-laws relative to school visitation, length of school terms, and purchase of books for indigent children (4830). 8. To fill vacancies that occur until the next annual election. 52 SCHOOL LAW Director. The director is the chief officer of the primary district and upon him falls much of the labor and responsibility of the district board. We give below many of his principal duties : 1. To act as clerk, when present, of all meetings of the district and of the board. 2. To record the proceedings of all district meetings, and the minutes of all meetings, orders, resolutions, and other proceedings of the board, in proper record books. 3. To give the prescribed notice of the annual district meeting, and of all special meetings. 4. To draw and sign warrants upon the township treasurer for all moneys raised for district purposes or apportioned to the district by the township clerk, and orders upon the treas- urer for all moneys to be disbursed by the district, and to present them to the moderator, to be countersigned by that officer. Each order shall specify the object for which and the fund upon which, it is drawn. 5. To draw and sign all contracts with teachers, when di- rected by the district board, and present them to the other members of the board for further signature. 6. To provide, in his discretion, the necessary appendages for the school house, and keep the same in good condition and repair during the time of school. (See also Chap. X.) 7. To keep an accurate account of all expenses incurred by him as director, such account to be audited by the mod- erator and assessor and, on their written order, to be paid out of any money provided for the purpose. 8. To present at each annual meeting an estimate of the expenses necessary to be incurred during the ensuing year by the director, and for payment of the services of any dis- trict officer. 9. To preserve and file copies of all reports made to the OF MICHIGAN. 53 school inspectors; and safely to preserve and keep all books, papers and other documents belonging- to the office of director (or to" the district, when not otherwise provided for) and to deliver the same to his successor in office. 10. To take a census of the district within the ten days next previous to the first Monday in September in each year. This work may be done by any person appointed by the district board. 11. At the end of the school year and previous to the sec- ond Monday in September in each year, to deliver to the township clerk, to be filed in his office, a report to the board of school inspectors of the township, showing : (a) The whole number of children belonging to the dis- trict between the ages of five and twenty years, according to the census taken as aforesaid. (h) The number attending school during the year under five, and also the number over twenty years of age. (c) The number of non-resident pupils of the district tha have attended school during the year. (d) The whole number that have attended school during the year. (e) The length of time the school has been taught during the year by a qualified teacher, the name of each teacher, the length of time taught by each, and the wages paid to each. (/) The average length of time scholars, between five and twenty years of age, have attended school during the year. ig) The amount of money received from the township treasurer and apportioned to the district by the township clerk. {h) The amount of money raised by the district, and the purposes for which it was raised. {i) The kind of books used in the school. 0") Such other facts and statistics in regard to the schools and the subject of education, as the superintendent of pub- lic instruction shall direct. 54 SCHOOL LAW 12. In fractional districts to make an annual report to the clerk of the township in which the school house is situated, and also to report to the clerk of each township in which the district is in part situated, the number of children be- tween the ages of five and twenty years living in that part of the district lying in such township (4686 to 4689). 13. To perform such other duties as may be required of the director by law or by the district board. Moderator, It is the duty of the moderator of each school district : 1. To preside, when present, at all meetings of the district and of the board. 2. To countersign all orders legally drawn by the director upon the assessor for moneys to be disbursed by the district, and all warrants of the director upon the township treasurer for moneys raised for district purposes, or apportioned to the district by the township clerk. 3. To cause an action to be prosecuted in the name of the district on the treasurer's bond, in case of any breach of any condition thereof. 4. To perform such other duties as may be required of the moderator by law ( 4685). Treasurer, It is the duty of the treasurer of each school district : 1. To execute to the district and file with the director, within ten days after his election or appointment, a bond in double the amount of money to come into his hands as such assessor during his term of office, as near as the same can be ascertained, with two sufficient sureties, to be approved by the moderator and director, conditioned for the faithful ap- plication of all moneys that shall come into his hands by virtue of his office, and to perform all the duties of his said OF MICHIGAN. 55 office as required by the provisions of this act. BOND. Said bond shall be filed with the director, and in case of any breach of the conditions thereof, the moderator shall cause a suit to be commenced thereon in the name of the district, and any moneys collected thereon shall be paid into the township treasury, subject to the order of the district officers, and shall be applied to the same pur- poses as the moneys lost should have been applied by the assessor. 2. To pay all orders of the director, when lawfully drawn and countersigned by the moderator, out of any moneys in his hands belonging- to the fund upon which such orders may be drawn. 3. To keep a book in which all the moneys received and disbursed shall be entered, the sources from which the same have been received, and the persons to whom and the ob- jects for which the same have been paid. 4. To present to the district board at the close of the school year a report in writing, containing a statement of all moneys received during the preceding year and of each item of disbursements made, and exhibit the voucher there- for. 5. To appear for and on behalf of the district in all suits brought by or against the same, when no other directions shall be given by the qualified voters in district meeting, ex- cept in suits in which he is interested adversely to the dis- trict; and in all such cases the moderator shall appear for such district, if no other direction be given as aforesaid. 6. At the close of his term of office to settle with the dis- trict board, and deliver to his successor in office all books, vouchers, orders, documents, and papers belonging to the office of treasurer, together with all district moneys remain- ing on hand. 7. To perform such other duties as may be required of the treasurer by law (4691). 66 SCHOOL LAW CHAPTER yi. TEACHERS. Legal Qualiftcations. No contract with any person not holding a legal certificate of qualification authorizing him to teach, is valid; and all contracts with a person holding a legal certificate terminate, if the certificate expires by limitation and is not immediately renewed (4678). All persons who expect to teach must pro- cure the necessary certificate from some duly constituted authority. There are several ways by which teachers may receive certificates. We first mention those granted by the county board. COUNTY CERTIFICATES. The regular examinations of teachers^ in all counties of the state are held at the county seats, beginning REGULAR EX- qu thc sccoud Thursdays of March and August AMINATrONS. , ^ , m ^ , • in each year. In nearly all of the counties are held two other regular public examinations beginning on the third Thursdaj'^s of June and October in each year (4811). Three grades of county certificates are granted, as follows: First grades are granted from the examinations of March and August and are valid for four years. The FIRST GRADE examiuatiou is in algebra, botany, geometry, general history, physics, arithmetic, grammar, United States history, civil government, geography, read- ing, penmanship, orthography, school law, theory and art of teaching, physiology and hygiene with reference to the effects on the human system of alcholic drinks, stimulants, and narcotics. All county certificates must be .signed by the commis- sioner and at least one examiner (4812). Without the indorsement of the superintendent of public Nora.— A teachers contract is not valid unless the teacher holds a legal certificate during the entire period of said contract. OF MICHIGAN. 57 instruction, first grade certificates are valid only in counties where granted. To secure this indorsement the papers written by success- ful applicants must be forwarded by commission- iNDORsE- QYQ within ten days to said superintendent for examination and approval. If he approves and signs the certificate, it becomes valid throughout the state. Any applicant for a first grade certificate who feels that the county board has not given his papers due credit, may order them sent to the superintendent of public instruction for inspection; and if the standings given by the superintend- ent are sufficient for his indorsement, the county board shall issue the certificate or give reasons satisfactory to the superintendent for withholding the same. No first grade certificate is valid in any county other than that in which it is granted, unless countersigned by the superintendent and a copy filed with the commissioner in the county in which the holder desires to teach. Act 99, 1901. Second grades are granted from the four regular examina- tions and are valid throughout the county where SECOND GRADE granted for three years.* Candidates may select any two of the four studies — algebra, botany, general history, and physics— and are required to write on all the other branches excepting geometry. Third grades are granted from any public examination and are valid throughout the county where THIRD GRADE grautcd for one year. The branches required in an examination for a third grade certificate are all those, excepting the first five mentioned, in the first grade list. For the purpose of limiting the number of third grade certificates which may be granted to a person in CLASSES tjie public schools, third grade certificates are A AND B. -^ 7 o divided into two classes known as A. and B. *NoTE.— Second grade papers may be forwarded to another county for examination if candidate desires to teach in that county (Act 99, 1901). 58 SCHOOL LAW Certificates of class A are granted to teachers of three years experience in primary department (first four grades) of graded schools. Certificates of this class license the holder to teach only in primary departments. The number which may be granted to a person is not limited. Certificates of class B are the regular third grade certificates and license the holder to teach in any school of the county ; but no more than three certificates of this class can legally be granted to the same person (4813). The purpose of this law is to require teachers to progress and secure higher grades of certificate. The questions for these two classes of third grade certificates vary somewhat to correspond with the kind of work required of the teachers. All questions for county examinations are prepared by the superintendent of public instruction and EXAMINATION fumishcd to the commissioner under seal, to be QUESTIONS. ' opened in the presence of the candidates for certificates. The standard of examinations to be followed is left entirely to the discretion of the examining board, so that STANDARD OF ^jig succcss Or fallurc of applicants depends more EXAMINATION. ^^ ^ on the closeness or liberality of the marking than upon the character of the questions furnished. Besides the certificates mentioned, the county commissioners has power, upon personal examination sati- spEciAL factory to himself or herself, to grant certificates CERTIFICATES. ° which shall license the holder thereof to teach in a specified district for which it is granted ; but such certificate does not continue in force beyond the time of the next public examination, and in no case can a second special certificate be granted to the same person, and it does not in any way exempt the teacher from a full examination (4813). The object of a special certificate is to bridge over the time between the commencement of a school term and the next meeting of the examining board (71 Mich. 361). (94 Mich. 170.) OF MICHIGAN. 59 Educational qualifications are not the only qualification of teachers. No board of examiners can legally CITIZENSHIP grant a certificate to any person who, having arrived at the age of twenty-one years, is not a citizen of the United States. The law also directs the examining board to grant certificates to successful applicants who have attained the age of eighteen years (4812). The moral character of the applicant is another question which examining boards must carefully consider. MORAL Certificates may be withheld from persons who, CHARACTER. though possessing all the educational qualifica- tions, are unfit to teach in the public schools. The supreme court, in the case of Sturdevant vs. The Board of Examiners, refused to interfere with the decision of the examiners, and decided that the board was better able to determine the qualifications of applicants than the court. Prom another decision we quote: " A man who habitually violated his duty by profanity and Sabbath breaking was of bad moral character" (45 Mich. 484). RENEWALS OF CERTIFICATES. The only Michigan law in existence authorizing boards of examiners to renew certificates is the provision found in section 4813 of the Compiled Laws. It reads: " The board of examiners shall have the right, however, to renew with- out examination the certificates of persons who shall have previously obtained an average standing of at least 85 per cent in all studies covered in two or more previous examina- tions, and who shall have been since that examination con- tinuously and successfully teaching in the same county." This seems so plain as to require no explanation, but nu- merous inquiries addressed to the department of public instruction suggest that it is not interpreted alike by teachers and examiners. We, therefore, in the absence of any court decisions, venture the following interpretation : 1st. The 60 SCHOOL LAW Standings on each certificate must average 85 per cent. 2d. The board does not have the right under this provision to renew the certificate of an applicant who has not been teaching continuously and successfully during the two years just preceding. 3d. The law is simply permissive and not mandatory on the examiners. REVOKING OF CERTIFICATES. The board of examiners may suspend or revoke any teacher's certificate issued by them for any reason which would have justified said board in withholding the same when given — for neglect of duty, for incompetency to instruct or govern a school, or for immorality — and the said board may, within their jurisdiction, for immorality or in- competency to instruct and govern a school, suspend the effect of any teacher's certificate that may have been granted by other lawful authority : Provided, That no certificates shall be suspended or revoked without a personal hearing, unless the holder thereof shall, after a reasonable notice, neglect or refuse to appear before the said board for that purpose (4814). CITY CERTIFICATES. The officers of every school district which is or shall hereafter be organized in whole or in part in any incor- porated city in this state where special enactments shall exist in regard to the licensing of teachers, shall employ only such teachers as are legally qualified under the provisions of this act: Provided, That in cities employing a superintend- ent, the examination of teachers shall be conducted by such superintendent or by a committee of the board of education of such school district, and certificates issued at such time and in such a manner as the superintendent of public instruction and board of education in such city shall OF MICHIGAN. 61 prescribe. Cities having- a special and thoroughly equipped normal training- department under control of a special train- ing teacher, such school having a course of not less than one year, shall be exempt from the provisions of this section as to the examination of teachers.* COLLEGE CERTIFICATES. The state board of education is empowered to grant teachers' certificates without exa,mination to any COURSE person who has received a bachelor's, master's, OF STUDY. ^ ' ' or doctor's degree from any college in this State having a course of study of not less than four years, actually taught in such college, in addition to the preparatory work necessary for admission to the University of Michigan, upon a recommendation from the faculty of such college, stating that in their judgment the applicant is entitled to receive such certificate. Such college must also have a course in the science and art of teaching of at least one college year of five and a half hours per week, which shall have been taken by said applicant and shall include a thorough exami- nation by the college granting such diploma, as to qualifica- tion and fitness for teaching (4805 to 4807). Provided, that if said person furnishes to said board satis- factory proof of having successfully taught for LENGTH OF three years in the schools of this State, said cer- CERTIFICATE. *' ' tificate shall be a life certificate. If such proof is not furnished said board, then such certificate shall be for four years only, and a life certificate may at any time there- after be issued by said board upon the filing of such proof. Such certificate shall entitle the holder to teach in any of the schools in this State without examination, provided a copy of the same is filed or recorded in the office of the legal examining officer, or officers of the county, city, township, or *NOTE.— Amended by Act 99, 1901, by providing that a principal be em- ployed and that the superintendent shaU give at least half his time to supervision. 62 SCHOOL LAW district in which said person is to teach, and shall be annulled only by the state board of education, and by it only for cause. It shall be the duty of said board of education carefully to examine any course of study in the science and APPROVAL OF art of teaching- that may be submitted to it by •TATE BOARD. & J J the trustees of any college and, if satisfactory, to furnish such trustees with a written certificate approving the same* If, at any time, the said board of education con- cludes that any college, whose graduates may WITHDRAWING dcslre to receive such certificate, is not giving OF APPROVAL* ' ° ° such instruction in the science and art of teach- ing and in the other branches as shall be approved by it, then said board shall so determine by a formal resolution and shall give notice thereof to the trustees of such college ; and thereafter no teachers' certificates shall be given by said board to the graduates of such college, until said board shall be satisfied that proper instruction in the science and art of teaching and in other branches is given by such col- lege, and the board shall certify such fact to the trustees of such college. UNIVERSITY CERTIFICATES. The faculty of the department of literature, science, and the arts, of the University of Michigan, shall give GRANTED BY ^,0 cvcry pcrsou receiving a bachelor's, master's, or doctor's degree, and also a teacher's diploma for work done in the science and in the art of teaching from said University, a certificate, which shall serve as a legal certificate of qualification to teach in any of the schools of this State, when a copy thereof has been filed or recorded in the office of the legal examining officer or officers of the county, township, city, or district (4804). Such certificate shall not be liable to be annulled except by the said faculty of the University ; but its OF cERTiFi- effect may be suspended in any county, town- ship, city or district, and the holder thereof OP MICHIGAN 63 may be stricken from the list of qualified teachers in such county, township, city, or district, by the legal examining oflflcer or officers of the said county, township, city, or dis- trict, for any cause and in the same manner that such exam- ining officer or officers may be by law authorized to revoke certificates they have given, and such suspension shall con- tinue in force until revoked by the authority suspending it.* STATE CERTIFICATES. The state board of education holds two meetings each year, at which they examine teachers and grant certificates to such as have taught in the schools of the State at least two years, and who, upon a thorough and critical examination in every study required for such certificate, are found to possess eminent scholarship, ability, and good moral character. Such certificates, signed by the members of said board, impressed with its seal, entitle the holder to teach in any of the public schools of this State without further examination, and are valid for life unless revoked by said board. No cer- tificate shall be granted except upon the prescribed exami- nation (1818). The branches required in an examination for State certifi- cates are chemistry, zoology, rhetoric, litera- EXAwmAT^N *^^®' geology, in addition to those required for first grade certificates. The said state board of education may, in its discretion, endorse State teachers' certificates or normal sTATEs^"^" school diplomas granted in other states, if it be shown to the satisfaction of such board that the examinations required or courses of study pursued are fully equal to the requirements of this State (1826). *NoTB.— Act 213, 1903, provides that credit may be given for work done in other educational institutions if such work is equivalent to work done in the University. 64 SCHOOL LAW Teachers' Institutes. * All boards or officers authorized by law to examine appli- cants for certificates shall collect, at the time of ANNUAL FEES. examlnatloD, from each male applicant an an- nual fee of one dollar, and from each female applicant an annual fee of fifty cents ; and the director or secretary of any school board that shall employ any teacher who has not paid the fee hereinbefore provided shall collect, at the time of making contract, from each male teacher so employed, an annual fee of one dollar, and from each female teacher so employed, an annual fee of fifty cents (4839). All persons paying a fee as required by this section shall be given a receipt for the same ; and no person shall be required to pay said fee more than once in any school year. The requirements of this law apply to all teachers, whether applicants for certificates or employed by school boards (Atty. Gen., March 21, 1884). All such fees collected by the director or secretary of any school board are paid over to the county com- iNSTiTUTE missioner of schools of the county in which they were collected, on or before the fifteenth day of March, June, September, and December, accompanied by a list of those persons from whom they were collected (93 Mich., 281). And all such fees, together with all those that are collected by the county commissioner of schools, are paid over by him to the treasurer of the county in which they were collected, on or before the last day of March, June, September, and December in each year, accompanied by a complete list of all persons from whom said fees were col- lected ; and a like list, accompanied by a statement from the county treasurer that said fees have been paid to him, shall * Note.— This act does not conflict with the constitution (xiv, i,) on the ground that the fees are specific taxes; nor on the ground that the fees are not uniform. This section (law) is not defective, incom- plete, ineffectual and is not therefore void. (67 N. W. 973.) OF MICHIGAN. 65 be sent by said commissioner to the superintendent of pub lie instruction. All moneys paid over to the county treas- urer, as provided by this act, shall be set apart as a teachers' institute fund (4840). The superintendent of public instruction shall annually appoint a time and place in each organized WHERE HELD, couuty for holding a teachers' institute, make suitable arrangements and give due notice of the same : Provided, that in organized counties having less than one thousand children between the ages of five and twenty years, the holding of the institute shall be optional with the said superintendent, unless requested to hold such institute by fifteen teachers of the county in which such institute is to be held. However, if there shall not be a sufficient num- ber of teachers in any county to make such request, then teachers of adjoining counties who desire to attend such institute may unite in the required application to said super- intendent. Also, the said superintendent may, in his dis- cretion, hold an institute for the benefit of two or more adjoining counties, and draw the institute fund from each of the counties thus benefited (4841). The superintendent of public instruction, in case of inabil- ity personally to conduct any institute or to make THE the necessary arrangements for holding the same, is authorized to appoint some suitable person for that purpose, who shall be subject to the direction of the superintendent. Every teacher attending any institute held in accordance with the provisions of this act, shall be given by CERTIFICATE ^ ! & .7 OF ATTEND- thc Superintendent of public instruction, or by '^^^^' the conductor, a certificate setting forth at what sessions of said institute such teacher was in attendance; and any teacher who closes his or her school in order to attend the institute shall not forfeit his or her wages as teacher 5 66 SCHOOL LAW during- such time as he or she attended it, and the certificate provided shall be evidence of such attendance (4842). For the purpose of defraying the expenses of rooms, fires, lights, or other necessary charges, and for pro- DEFRAYiNG curlug teachcrs and lecturers, the said superin- EXPENSES. ^ ' ^ fcendent or the person authorized by him to con- duct the institute, maj^ demand of the county clerk of each county for the benefit of which the institute is held (who shall thereupon draw an order on the county treasurer of his county for such sum) an amount necessary to defray these expenses but not exceeding the institute fund in the county treasury; and the treasurer of said county is hereby required to pay over to said superintendent or conductor, from the institute fund in his hands, the amount of said order (4843). In case the institute fund in any county is insufficient to defray the necessary expenses of any institute STATE AID. held under the provisions of this act, the auditor general shall, upon the certificate of the superin- tendent that he has made arrangements for holding such institute and that the county institute fund is insufficient to meet the expenses thereof, draw his warrant upon the State treasurer for such additional sum as said superintendent shall deem necessary for conducting such institute, which sum shall not exceed one hundred* dollars for each institute of five days' duration (4843). The superintendent is authorized to hold, once in each year, an institute for the State at large, to be denomi- GENERAL uatcd a State institute; and for the purpose of de- rNSTITUTE. ' ^ ^ fraying the necessary expenses of such institute, the auditor general shall, on the certificate of said superin- tendent that he has made arrangements for holding such institute, draw his warrant upon the state treasurer for such sum as said superintendent shall deem necessary for conduct- ing such institute, which sum shall not exceed four hundred * Amended by act No. 64, Laws of 1899. OF MICHIGAN. 67 dollars and shall be paid out of the general fund: Provided, That not more than three thousand dollars shall be drawn from the treasury, or any greater liability incurred in any one year, to meet the provisions of this law (4845). The superintendent of public instruction or the conductor drawing money from the county treasurer, shall, VOUCH sRs. at the close of each institute, furnish to the county treasurer vouchers for all payments from the same; and he shall return to the county treasurer whatever of the amount may remain unexpended, to be replaced in the institute fund (4846). Teachers' Associations. Any fifteen or more teachers, or other persons residing in the State, who shall associate for the purpose of ORGAN I- promoting education and science and improve- ments in the theory and practice of teaching, may form themselves into a corporation under such name as they may choose, providing they shall have published in some newspaper printed at Lansing or in the county in which such association is to be located, for at least one month previous, a notice of the time, place, and purpose of the meeting for such association, and shall file in the office of the secretary of state a copy of the constitution and by-laws of said association (7730) Such association may hold and possess real and personal property to the amount of five thousand dollars, FUNDS, but the funds or property thereof shall not be used for any other purpose than the legitimate business of the association in securing the objects of its corporation (7731). Upon becoming a corporation, they shall have all the powers and privileges and be subject to all the duties of POWERS. ^ corporation (7732). 68 school law teachers' contracts. A teacher's contract must be in writing, and must state the wages agreed upon and the length of the term. The teacher must be required to keep a correct list of the pupils and the age of each attending the school. nEouiRED He shall keep a record of the number of days RECORD. . ^ -,,.■, t -f J. each pupil is present, and furnish to the director a correct copy of the same at the close of the school.! The contract must be filed with the director and a duplicate ^'^J^NGOFCON- copy furnished to the teacher (4678). A contract with a teacher who does not hold a certificate that is valid within the county is void. If the UNQUALIFIED Certificate expires during the period for which TEACHER. ^ , the contract is given, said contract becomes void, unless the teacher immediately secures a new certificate. The word "immediately" in the foregoing sentence should be construed to mean that the certificate be renewed before the teacher continues with the work of the school. All contracts for teaching must be construed as subject to vacations on legal holidays.* No deduction from LEGAL teachers' wages on account of such vacation can HOLIDAYS. be made (39 Mich. 484). Holidays should always be counted as days taught. The employment of teacher by the day instead by the month or year, does not make it the duty of teachers to make up time lost in the observance of holidays. If a teacher is employed for a definite time and, during the period of his employment, the district officer CLOSING OF closes the schools on account of the prevalence SCHOOLS. ^ of contagious diseases and keeps them closed for a time, the teacher is entitled to full wages during such period (43 Mich. 480; 39 Mich. 484; 62 Mich. 153). In schools closed * Note.— The legal holidays in this State are January 1, February 22, May 30, July 4, Labor Day, Thanksgiving Day, and Christmas. Whenever a legal holiday falls on Sunday, the next day is observed ln.stead. tNoTE.— Act 146, 1901, requires teacher to keep a record of the grad- ing of pupils, the aggregate attendance and the percentage of attend- ance. OF MICHIGAN. 69 on account of a loss of the school house by fire or storm, the teacher can collect his wages (75 Mich. 143). Contracts made previous to annual meeting are valid. The MADE legislature contemplated that schools should gen- BEFORE erally open on the beginning of the school year MEETrNG. and that teachers would have to be contracted with in season. Neither the newly elected trustees nor the voters at the annual meeting have the power to impair the obligation of a contract made before such annual meeting (44 Mich. 500; 98 Mich. 43; 88 Mich. 374). When a contract with a teacher has been agreed upon at a board meeting, it is the duty of the director and siGNATunEs the moderator to sign it. It is not in the power TO CONTRACT. '^ , . „ ,, , j of the officers to defeat the action of the board by refusing to sign a contract authorized by it (93 Mich. 43). A contract signed by two members of the board without calling a meeting and consulting with the other member is void (47 Mich. 626). It is not imperative that a contract be signed by all three of the officers, and one signed by a majority of the board is presumed to be valid, especially if the officers draw and pay orders without protest (61 Mich. 299). It should also have the teacher's signature. While it is the duty of the director to sign and file ^ teacher's contract, his refusal to perform his VALIDITY OF dutv lu thls rcspcct does not impair the validity CONTRACT. */ X j- ^ of a contract, if otherwise properly authorized and executed (46 Mich. 316). A contract valid on its face and carried with the acquiescence of all concerned, can not be subsequently repudiated (62 Mich. 153; 77 Mich. 610). Contracts made between the district board and teacher must be authorized at a regular meeting of the WHEN Au- board (47 Mich. 626). After a contract has been THORIZED. ^ ' r. 1 T 1 • duly authorized at a meeting of the board, it may be signed at the convenience of the officers (30 Mich. 249). 70 SCHOOL LAW No power is now conferred by statute upon the voters at a CHOICE OF district meeting, to determine whether the FEMALE school shall be taught by a male or a female TEACHER. teacher (88 Mich. 374). All teachers, whether qualified or unqualified, are entitled w^th'teacTh- *^ P^-^ ^^^ services actually performed. The ERs NOT LE- gcucral policy of the school law is that schools FiED. ' shall be taught by qualified teachers, but ne- cessities may arise where this cannot be done. A district may be unable to find a qualified teacher. Where the em- ployment of an unqualified teacher is a necessity, the school district is authorized to employ one who has not the proper certificate (if the school board is satisfied that the teacher is otherwise qualified), and to pay such teacher out of the moneys belonging to the district; but the primary school moneys and mill-tax cannot be applied to that purpose (37 N. W. 570). The liability of a school district to pay a teacher for services actually rendered has been maintained by the following authorities : 55 Vt. 61; 13 Neb. 52; 47 Mich. 226; 10 N. W. 349; 61 Mich. 299; 28 N. W. 105. Teachers who do not hold a properly signed contract and TEACHERS CAN "vvho arc pcrmlttcd by the district board to COLLECT PAY. ^ '' teach, can collect such wages as a court will allow, which is generally the average rate of wages paid in adjoining school districts. Corporal Punishment. Our school law is silent on this subject. The decisions of the courts uniformly sustain teachers in the administering of punishment to a reasonable degree. Teachers should exercise much discretion, and punish only when all other methods fail. Many of our best educators are opposed to corporal punishment under any circumstances. Below is given a list of cases on which decisions have been made : OF MICHIGAN. 71 4 Gray, Mass., 38; 14 Johns., Ind., 119; 50 Iowa, 145; 4 Ind., 291; 19 Vt., 102; 27 Me., 266; 32 Vt., 114; 50 Iowa, 152. Extent of Teachers* Authority. This is a much disputed question. Generally speaking, the authority of the teacher does not extend beyond the school premises ; but conduct of pupils which injures the school and has a tendency to bring- the teacher's authority into contempt may be dealt with by the teacher, even if outside of school house and away from school premises (32 Vt., 114; 31 Iowa, 562). Becent Michigan Decisions, 1902. It is not only the legal right but the moral duty of the school authorities to require children to go directly from school to their homes. All parents who have a proper re- gard for the welfare of their children, desire it. The state makes it compulsory upon parents to send their children to school and punishes them for failure to do so. The least that the state can in reason do is to throw every safeguard possible around the children, who in obedience to the law are attend- ing school. The dangers to which children are exposed upon the streets of cities are matters of common knowledge. Hu- manity and the welfare of the country demand that a most watchful safeguard should so far as possible accompany chil- dren, when required or allowed to be on the streets. Parents have a right to understand that their children will be prompt- ly sent home after school, and to believe that something unto- ward has happened when they do not return in time. In no other way can parents and teachers act in harmony to pro- tect children from bad influences, bad companionship, and bad morals. The rule does not restrict the authority of parents over their children. This action is fully sustained by the authorities: 32 Vt. 120; 85 Mo.. 485; 8 Gush., 160; Mechem on Pub, Officers, Sec, 730. 72 SCHOOL LAW CHAPTEK VII. COMPULSORY ATTENDANCE AT SCHOOL. MichigaD has a comprehensive law for compelling children to attend school. Previous to 1895 the authority of truant and district officers had been limited, and a general enact, ment was passed by the legislature giving additional power to those dealing with parents who are indifferent concerning the education of the children, or with truants who baffle the authority of their parents (4847 to 4853). Ages of Compulsory Education. Every parent, guardian, or other person in the State of Michigan having control and charge of any child between the ages of eight and fifteen years and in cities between the ages of seven and fifteen years, is required to send such child to the public school for a period of at least four months in each school year (except that, in cities NUMBER OF J \ ir- ) MONTHS AT- havlug a duly constituted police force, the at- tendance at school shall not be limited to four months), beginning on the first Monday of the first term commencing in his or her district after September 1, 1895, and of each year thereafter. Such attendance must be consecutive, and each and every pupil between the ages specified must have attended school the entire four months previous to the thirtieth day of June in each year. PUPILS EXEMPTED. 1. Those who are being taught in private schools in such branches as are usually taught in public schools. OF MICHIGAN. 73 2. Pupils who have already acquired bhe ordinar" branches of learning taught in public schools. 3. Children physically unable to attend school, if such fact is certified to by a reputable physician. 4. Those under nine years of age, living more than two miles from any school house. Truant Officer, The district board or board of education in each school district which has been organized as a graded WHEN AP- school district or as a township district, and all pofNTED. districts having fifty or more pupils, may, in their discretion, previous to the tenth day of September of each year, appoints a truant officer for the term of one year from and after the first Monday of September of each year. In townships whose districts are organized under the primary school law, the chairman of the town- iN PRIMARY ship board of school inspectors is the truant DISTRICTS. officer and performs all the duties of truant officer, so far as the provisions of this law apply to the territory over which he has jurisdiction. In cities having a duly organized police force, it is the duty of the police authority, at the request of IN CITIES. the school authorities, to detail one or more members of said force to perform the duties of truant officer, or the board of education may appoint any citizen (Act 83, 1901). The compensation of the truant officer is fixed in graded school districts by the board which appoints, COM PEN- and in townships by the township boards; and in sATioN. ^^ ^g^gg ^^^ QUGh compensation be less than one dollar and fifty cents per day for time actually employed under direction of the district board in performance of his official duties. The compensation of truant officers is allowed and paid in the same manner as incidental expenses are paid by such boards. The director is required to furnish a copy of the last school census at the beginning of each term of school, and the teacher is required at the end of each month to compare the names of pupils in attendance with the names of those on the census list to ascertain what pupils, if any, are not attending school. It is the further duty of the teacher to report such pupils to the truant officer. 1903. It is the duty of the truant officer to investigate all cases 74 SCHOOL LAW of truancy or noh-attendance at school, and to DUTIES. render all services within his power to compel children to attend school; and, when informed of continued non-attendance by any teacher or resident of the school district, he shall immediately notify the persons hav- ing control of such children that, on the following Monday, such children must present themselves with the necessary text-books for instruction in the proper school of the district. The notice also informs said parent or guardian that at- tendance at school must be consecutive at least eight half days of each week until the end of that term, except in cities having a duly constituted police force, where attendance in school shall be continuous. Penalty on Parents, In case any parent, guardian, or other person having charge of children fails to comply with the provisions of this law, he shall be deemed guilty of a misdemeanor and shall, on con- viction, be liable to a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county or city jail for not less than two nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court. Ungraded Schools. In all city school districts having a school census of five hundred or more pupils, the school board or officers having in charge the schools of such districts may establish one or more ungraded schools for the instruction of juvenile dis- orderly persons. They may, through their truant officer and superintendent of schools, require such children to attend said ungraded schools or any department of their graded schools, as said board of education may direct. Juvenile Disorderly Persons, The following classes of persons between the ages of eight OP MICHIGAN. 75 and fourteen years, and in cities between the ages of seven and sixteen years, are deemed juvenile disorderly persons, and shall, in the judgment of the proper school authorities, be assigned to the ungraded school or schools: 1. Habitual truants from any school in which they are enrolled as pupils. 2. Children who, while attending any school, are incor- rigibly turbulent, disobedient, or insubordinate, or are vicious or immoral in conduct. 3. Children who are not attending any school and who habitually frequent streets and other public places, having no lawful business, employment, or occupation. It is the duty of the truant officer, in case of a violation of this law, within one week after having given LAw.'^^'°'^ °^ *^® notice to the parent or guardian as specified above, to make a complaint for such refusal or neglect, against said parent, guardian, or other person having the legal charge and control of such child, before a justice of the peace in the city, village, or township where the party resides, except in cities having recorder's or police court. And said justice of the peace, police judge, or recorder's court, shall issue a warrant upon said complaint and shall proceed to hear and determine the same; and, upon conviction thereof, said parent, guardian, or other person, as the case may be, shall be punished ,by the fine and imprisonment above mentioned. It is the duty of all school officers, super- intendents, or teachers, to render such assistance and furnish such information as they have at their command, to aid said truant officer in the fulfillment of his official duties. COMMITMENT TO REFORMATORY. A boy between the age of ten and sixteen years or a girl between the age of ten and seventeen years, who frequents saloons or disreputable places or who is an inmate or mem- ber of a family who resides in any house of ill fame or who 76 SCHOOL LAW frequents a place where disreputable people congregate or where intoxicating liquors are kept for sale, is TRUANTS. considered, in law, a truant or disorderly child. A child between the ages above mentioned, who runs away from school or from a house or other place where he or she resides or is legitimately employed or who lounges upon public streets or any place of disreputable or improper character, or who attends public dances, skating rinks, or shows are also considered truants or disorderlies. Boys of this class may be sent to the Industrial School at Lansing, and girls to the Industrial Home for Girls at Adrian. The sentence of the boys continues until they are eighteen years of age and girls until twenty-one years of age. Before children may be consigned to these in- stitutions they must be given a trial in the manner per- scribed in our state Laws, before a Justice or other Magis- trate and sentence must be approved by the Judge of Pro- bate in the county in which they reside, excepting the cities of Detroit and Grand Rapids and where their cases are sub- mitted to the Judge of the Recorders Court. In each county of the state an ofiicer acting as County Agent of Corrections and Charities appointed by the Governor of the state, has authority to make complaint and bring action against children who are classed as truant and disorderly. OF MICHIGAN. 77 CHAPTER VIII. TEXT-BOOKS AND LIBRARIES.* The district board is authorized to specify the studies to be pursued in the schools of the district, and each school board making a selection of text-books for use in the district is directed to keep a record of the same. Adoption of Text-BooJcs. Text-books once adopted can not legally be changed within five years, unless a majority of the voters of the HOW OFTEN district shall consent at a regularly called dis- trict meeting (4680). If, after five years the school board does not make another adoption, the books formerly adopted continue to be the legally adopted books of the district. After a school board has adopted a certain text-book and several copies of it have been received and sold CANNOT iQ ^jjQ patrons, the board has no right to recon- RECONSIDER. ^ ' , , ,r r. sider the resolution adopting such book (88 Mich. 371). BOOKS FOK POOR CHILDREN. The district board may purchase, at the expense of the dis- trict, such text-books as may be necessary for the use of children, when parents are not able to furnish the same; and they shall include the amount of such purchase in the report to the township clerk or clerks, to be levied in like manner as other district taxes (4681). * Note. —Michigan has no law for uniform text-hooks. The law of 1897 was repealed hy the Legislature of 1899. 78 SCHOOL. LAW Free Text- Boohs, ^ Section 1. From and after June thirtieth, eighteen hun- dred and ninety, each school board of the State PURCHASED BY shall purchase, when authorized, as hereinafter THE BOARD. .^ _ ' ' provided, the text-books used by the pupils of the schools in its district in each of the following subjects : Orthography, spelling, writing, reading, geography, arith- metic, grammar (including language lessons), National and State history, civil government, and physiology and hygiene ; but text-books once adopted under the provisions of this act shall not be changed within five years : Provided, That the text-book on the subject of physiology and hygiene must be approved by the state board of education, and shall in every way comply with section fifteen of act number one hundred and sixty-five, of the public acts of eighteen hundred and eighty-seven, approved June ninth, eighteen hundred and eighty-seven, and that all text-books used in any district shall be uniform in any one subject. Sec. 2. The district board of each school district shall select the kind of text books on subjects enu- "°* merated in section one, to be taught in schools SELECTED. - , . . , . . t^ -, -. of their respective districts : Provided, That nothing herein contained shall require any change in text- books now in use in such district. The board shall cause to be posted in a conspicuous place, NOTICE ^^ least ten days prior to tl\s first annual school TO VOTERS meeting from and after the passage of this act, a * Note.— We pi-int in full Act No. 147, Public Acts of 1889, which is the free text-book law of the State. Michigan has nearly 700,000 chil- dren of school age, about 500,000 of whom are attending school. There are about 7,200 districts hi the State ; and, up to September, 1894, only about 400 had availed themselves of the benefits of this law. Let the student estimate the cost each year to each pupil, and mul- tiply the amount by 500,000 to get the estimated yearly cost of text- books to the pupils of the State. Now, supposing text-books can be bought 10 per cent cheaper, and, being actually worn out in the ser- vice of the pupils, last 15 per cent longer, what would be the saving in each year, if all districts furnished free text-books ? OF MICHIGAN. *79 notice that those qualified to vote upon the question of raising money in said district shall vote at such annual meeting" to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters, as above provided, present at such meeting- shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school ; and due notice of such action by the district shall be noted in the annual report to the super- intendent of public instruction. The district board shall take the necessary steps to pur- chase such books for the use of all pupils in the LOANING several schools of their districts, as hereinafter OF BOOKS. . ^ , ^, , , , ^ - ,- T provided. The text-books so purchased shall be the property of the district purchasing the same and shall be loaned to pupils free of charge, under such rules and regula- tions for their careful use and return as said district board may establish: Provided, That nothing herein contained shall prevent any person from buying his or her books from the district board of the school in which he or she may attend, and that nothing herein contained shall prevent any district having once adopted or rejected free text-books, from taking further action on the same at any subsequent annual meeting. Sec. 3. It shall be the duty of the district board of any school district adopting free text-books provided CONTRACT for in this act, to make a contract with some WITH DEALER. , , , -, . , „ . n -i i -i ■ dealer or publisher to furnish books used m saia district at a price not greater than the net wholesale price of such books : Provided, That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract. Sec. 4. The district board of every school district in the 80 SCHOOL. LAW State adopting free text-books under this act ANNUAL ESTi- ghall make and prepare annually an estimate of MATE OF TAX a * v the amount of money necessary to be raised to comply with the conditions of this act, and shall add such amount to the annual estimates made for money to be raised for school purposes for the next ensuing year. Said sum shall be in addition to the amount now provided by law to be raised, which amount each township clerk shall certify to the supervisor of his township to be assessed upon the tax- able property of the respective districts, as provided by law for raising the regular annual estimates of the respective district boards for school purposes, and, when collected, shall be paid to the district treasurer in the same manner as all other money belonging to said district is paid. Sec. 5. On the first day of February next after the tax shall have been levied, the director of said dis WHEN LEVIED, trict may proceed to purchase the books required by the pupils of his district, from the list men- tioned in section one of this act, and shall draw his warrant, countersigned by the moderator, upon the treasurer or assessor of the district for the price of the books so pur- chased, including the cost of transportation. Sec. 6. If the officers of any school district which has so voted to supjDly itself with text-books shall NEGLECT refuse or neglect to purchase at the expense of the district, for the use of the pupils thereof, the text books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or member of such board so refusing or neglecting shall be deemed guilty of a misdemeanor, and, upon conviction thereof before a court of competent jurisdiction, shall be liable to a penalty of not more than fifty dollars, or impris- onment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, in the discre- tion of the court : Provided, That any district board may OF MICHIGAN. 81 buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board, also that school districts in cities organized under special char- ters shall be exempt from the provisions of this act ; but such districts may, when so authorized by a majority vote of their district boards, submit the question of free text-books to the qualified voters of said districts. If a majority of the qualified electors vote in favor of furnishing- free text-books, such district boards shall have authority to proceed under the provisions of this act (Act 147, 1889). Instruction in Physiology and Hygiene. In order that proper instruction be given in the effect on the human system of stimulants and narcotics, TEXT- BOOKS the Icglslaturc has enacted laws which make it TO BE USED. ^ the duty of school boards to select suitable text- books in physiology and hygiene, and likewise the duty of teachers to give instruction in this branch to all the pupils of the school. In addition to the branches in which instruction is now re- quired to be given in the public schools, instruction shall be given in physiology and hygiene with a special reference to the nature of alcohol and narcotics and their effects upon the human system. Such instruction shall be given by the aid of text-books in the case of pupils who are able to read, and as thoroughly as in other studies pursued in the same school. The text-books to be used for such instruction shall give at least one-fourth of their space to the consideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall con- tain at least twenty pages of matter relating to this subject. Text-books used in giving the foregoing instruction shall first be approved by the state board of education. 6 82 SCHOOL. LAW ^The district board shall require each teacher in the public schools of such district, before placing the school CERTIFIED register in the hands of the director, to certify REPORT* therein whether or not instruction has been given in the school or grade presided over by such teacher, as required by this law, and it shall be the duty of the director of the district to file with the township clerk a certified copy of such certificate. Any school board neglecting or refusing to comply with any of the provisions of this act shall be subject to fine or forfeiture the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in the State, including schools in cities or villages, whether incorporated under special charter or under the general laws (4680). PREVENTION OF COMMUNICABLE DISEASES. Although not properly belonging under the general sub- ject of text-books, we mention under this head the printed matter sent out by the state board of health, quoting Act No. 146 of the Laws of 1895, which is brief and explains itself: "There shall be taught in every year in every public school in Michigan, the principal modes by which each STATE BOARD of thc daugcrous communicable diseases are OF HEALTH. ° spread, and the best methods for the restriction and prevention of each such disease. The state board of health shall annually send to the public school superintend- ents and teachers throughout this State, printed data and statements which shall enable them to comply with this act. School boards are hereby required to direct such superin- tendents and teachers to give oral and blackboard instruction, using the data and statements supplied by the state board of health). Neglect or refusal on the part of any superintendent or OF MICHIGAN. 83 teacher to comply with the provisions of this law REFUSAL TO f J t:- COM PLY WITH shall be considered a sufficient cause for dismissal '■*^' from the school by the school board. Any school board neglecting or refusing to comply with any of the pro- visions of this act shall be subject to a fine or forfeiture, the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in this State, in- cluding schools in cities or villages, whether incorporated under special charter or under the general laws" (4796 to 4799). Lihraries, In the twelfth section of article thirteen of the constitution of the State may be found the following provision for the establishment of libraries: The legislature shall also provide for the establishment of at least one library in each township and city; "o^ and all fines assessed and collected in the several ESTABLISHED. , . -. , , j. ^i counties and townships for any breach of the penal laws shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city: Pro- vided, That in no case shall such fines be used for other than library or school purposes." To carry into effect the above requirement, the legislature has from time to time enacted certain laws providing not only for libraries in townships, but in school districts. TOWNSHIP LIBRARIES. The law contemplates that a library shall be maintained in every organized township. The library is the property of the township, and all actions relating to township libraries are brought in the name of the township (4752). All persons who reside within the township have an equal right to the 84 SCHOOL LAW privileges of the library, excepting those who reside in dis- tricts that maintain a district library (4753). The care of the township library is entrusted to the town- ship board of school inspectors. The inspectors TOWNSHIP are held accountable for the proper care and preservation of said library, prescribe rules and regulations concerning the same, may appoint a librarian whose term of office is one year, assess and collect fines for loss or injury of books, keep the books at some central or eligible place, and make annual reports to the superintendent of public instruction, giving such facts and statistics as said superintendent may require. DISTRICT LIBRARIES. Any school district, by a two-thirds vote at any annual meeting, may establish a district library. Such districts are entitled to an equitable proportion of the books from the township library, and also to a proportionate share of the library money of the township (4757). District boards have charge of district libraries, and are cARc'op subject to the same rules and regulations as to DISTRICT care of the library as are the township inspectors LIBRARY. (4758). ANNUAL ADDITION TO LIBRARIES. The annual report of the superintendent of public instruc- tion is furnished to every township and district library. LIBRARY FUNDS. The clear proceeds of all fines for any breach of the penal WHAT ARE laws of thls State and for penalties, or upon any LIBRARY recognizance in criminal proceedings, and all equivalents for exemption from military duty, when collected in any county and paid into the county treas- ury, together with all moneys heretofore collected and paid OF MICHIGAN. 85 into said treasury on account of such fines or equivalents, which are not already apportioned, shall be apportioned by the county treasurer among- the several townships in the county before the first day of June in each year, according to the number of children therein between the ages of five and twenty years, as shown by the statement of the superin- tendent of public instruction; and this money shall be exclu- sively applied to the support of the township and district libraries, and to no other purpose (4760). The qualified voters of each township have power, at any annual township meeting, to vote a tax for the ^°t'ax support of township libraries; and the qualified voters of any school district, in which a district library has been established, have power at any annual meeting of such district, to vote a district tax for the support of the district library. When any tax for libraries has been voted, it is reported to the supervisor, levied, and collected in the same manner as other township and school district taxes (4763). The superintendent of public instruction annually, and previous to the tenth day of May, transmits to APPORTION- the clerk of each county a statement of the *^^''"''" townships in his county that are entitled to re- ceive library moneys, giving the number of children in each of such townships between the ages of five and twenty years, as appears from the reports of the boards of school inspectors for the school year last ending; the clerk files such state- ment in his office, and furnishes a copy of the same to the county treasurer (4761). The statements also indicate the various districts of the townships that are entitled to receive a portion of the moneys apportioned to the townships. In case the board of school inspectors of any township, or district board of any school district, fails to FORFeiTURE. make the required report, or in case it appears from the reports so made that any township or 86 SCHOOL LAW district has failed to use the library money in strict accord- ance with the law, such township or district forfeits its share of the library moneys that are apportioned, and the same shall be apportioned to the several other townships and dis- tricts in the county. The constitution has provided that library moneys may be used for general school purposes, if the township board shall so determine (Art. XI, Section 12). Board of Library Commissioners, The legislature of 1899 (Act 115) provided a board of library commissioners of four persons, appointed by the Governor, to act with the State Librarian. The members of the board serve for four years. They serve without pay except that one of their number may be secretary and receive a salary not exceeding $300.00 per year. They are also -given an allowance limited to $500.00 per year for supplies and inci- dental expenses. They give advice and counsel to all free libraries of the state as to the best method of establishing libraries, selecting books, etc. They must report annually to the Governor, and all free libraries organized under the laws of the state must report to the library commissioners. Act 199, 1903 makes it the duty of the county commissioner of schools to make a complete report of all libraries (other than personal) within his county. OF MICHIGAN. 87 CHAPTER IZ. SCHOOL REVENUES. The moneys used for the support of the common schools are : 1. The interest from the primary interest fund, 2. The one-mill tax. 3. District school taxes. 4. Unappropriated dog tax. 5. Library moneys.* 6. Tuition of non-resident pupils. Primary School Fund, The establishment of this fund has been referred to in the first chapter of this book, and we give in this chapter a few facts concerning its distribution. The fund is divided among the school districts of the State in proportion to the number of school children HOW DIVIDED, in each. Statements showing the number of school children in each county, township, and district of the State are sent by the superintendent of public instruction to the several county clerks, between the first and tenth days of May and November of each year. The money is transferred by the State treasurer to the county treasurer, by him to the township or HOW TRANS- citv treasurer, who, in turn, transmits it to the FERRED. "^ til treasurer of the district (4642). Primary money can be used for no other purpose than the * Note.— This fund has been fully discussed in Chapter VILL 88 SCHOOL LAW payment of the wages of legally qualified teachers HOW USED. (4676), and only by districts in which five months of school were maintained during the school year ending the first of September just preceding. One-Mill Tax. The supervisor assesses upon the taxable property of his township one mill upon each dollar of valuation, "°^ and reports the aggregate valuation of each dis- trict to the township clerk, who reports said amount to the director of each school district in his township, or to the director of any fractional school district a portion of which may be located in the township, before the first day of September of each year; and all moneys so raised are apportioned by the township clerk to the district in which it was raised. All money collected by virtue of this law during the year p^^ on any property not included in any organized UNORGANIZED dlstrlct, Or in districts not having, during the previous school year, three months' school in districts of less than thirty children, or five months' school in districts of thirty and less than eight hundred children, or nine months' school in districts of eight hundred or more children, as shown by the last school census, is apportioned to the several other school districts of said township, in the same manner as the primary school interest fund. All moneys accruing from the one-mill tax in any township, before any district shall have a legal school therein, belongs to the districts in which it was raised, when they shall severally have had a three months' school by a qualified teacher (4705). The voters of the district have authority to appropriate any surplus moneys arising from the one-mill MONEYS?! *^'^' ^^^^^ having maintained a school in the district at least eight months in the school year, OF MICHIGAN. 89 for the purpose of purchasing- and enlarging school sites, or for building or repairing school houses, or for purchasing books for library, globes, maps, and other school apparatus, or for any incidental expenses of the school (5052). District Taxes. These are moneys which are voted by the qualified voters of the district for general school purposes. The student is referred to that part of this book which relates to the powers of voters at district meetings for information concerning the raising of money by vote of the district. After a tax has been voted, it is the duty of the supervisor to assess the taxes chargeable against each uected''* district, upon the taxable property of the dis- trict, and to place the same on the township assessment roll in the column for school taxes; and the same is collected and returned by the township treasurer in the same manner as township taxes. If any taxes provided for by law for school purposes are not assessed at the proper time, the same are assessed in the succeeding year (4665). Surplus Dog Tax. The statutes provide for an annual tax of one dollar upon every male dog and of three dollars upon every female dog. The money thus obtained constitutes a fund for the payment of damages sustained by owners of sheep, by reason of having sheep killed or injured by dogs. If money remains of such fund (after satisfactory payment of all claims aforesaid in any one year) over and APPORTION- above the sum of one hundred dollars, it is ap- portioned among the several school districts of such township or city, in proportion to the number of chil- dren therein of school age. The apportionment must be 90 SCHOOL LAW based upon the whole number of children of school age resid- ing- in the township and must include all districts, whether lying wholly or partly in such township. In case of a frac- tional district in which the school-house is situated in a different township, the money belonging to such district must be paid over to the treasurer of the township in which the school-house is situated, and by that treasurer paid to the district in the same way as in the case of the one-mill and other taxes (5601). Tuition. All persons above five years of age who are residents of any school district have an equal right to attend RESIDENT any public school in the district. No separate school can be maintained at public expense for any person on account of race and color (4683). Persons who are more than twenty years of age are not barred from the privileges of school, and no tuition should be charged to such persons. Resident pupils should have an equal right to all the benefits of the school, and should be allowed to study any branch in any grade to which they belong, without pay- ing tuition (Att'y Gen'l, November 17, 1891). The board of education has authority to determine the gradation and classification of pupils, and may CLASSIFI- *= s:- f T J CATION OF prescribe the particular department or building PUPILS. where certain pupils shall attend. The district board may admit non-resident pupils, and shall determine the rate of tuition of the same, NON-RESIDENT which tuitlou shall not exceed fifteen per cent PUPILS. more than the average cost per capita for resi- dent pupils (4684). It is sometimes supposed that the voters of the district meeting have power to exclude non-resident pupils, but this power rests entirely with the school board. OF MICHIGAN. 91 Non-residents who pay a school tax in a district are entitled to have the amount of such tax credited »fv 'rfv^i"**^ ^^ their tuition and are required to pay tuition TAX" r#\T tnSa only when the amount of such tuition exceeds the school tax. The rate of tuition to be charg'ed foreign pupils must be fixed by a resolution of the board, which must RATE OF "be duly entered in the record of the district. TUITION. " Charges for tuition can not be collected in the absence of any resolution fixing the rate (25 Mich., 483). Where a party resides in one district and rents a farm in another, he is not entitled to send his children RENTERS iQ tj^e district school in which he rents the farm OF FARMS. (^^^jy Gen'l, Sept. 16, 1893). Children in alms houses at county expense must be admit- ted to the schools of the district, the county NDIGENT ' CHILDREN. paying the tuition (4686). Under the various provisions of the school law, the author- ity of a district to vote a tax upon its inhabitants LIMITATIONS jg carefully limited : and there is no law author- OF AUTHORITY. . "^ . izmg a district to assess a tax to educate its children outside of the district (Att'y Gen'l, Oct. 16, 1891). 92 SCHOOL LAW CHAPTER X. MISCELLANEOUS PROVISIONS. Introduction of the Kindergarten. lu addition to the duties imposed by law upon district boards in this State, they are also empowered to provide suitable rooms or apartments for kindergarten work, and to supply their districts with the necessary apparatus and appliances for the instruction of children in what is known as the kindergarten method. In the employment of teachers it is competent for district boards to require qualifications for instruction COMPETENT Qf children in kindergarten methods. They may provide by contract with teachers for such in- struction, specifying the hours and times therefor under such rules as the district board may prescribe. All children residing within the district between the ages of four and seven are entitled to instruction in WHO ARE EN> TITLED TO ITS thc kindcrgartcu department. This act is ap- pRiviLEGEs. pijcable to every public school organized by special act or by charter (4792 to 4796). Necessary Appe7idages. The director of the district is authorized by law to provide necessary appendages for the school house and AUTHORITY ^,0 kccp thc Same in good condition and repair OF DIRECTOR. r- to c during the time of school (4686). In this duty the director is independent of the vote of the district meet- ing, yet there has been much controversy as to where the OF MICHIGAN. 93 authority of the director ends, or what he may purchase without the consent of the district. To settle this question so far as a few of the more needful pieces of apparatus are concerned, the legisla- NECEssARY turc of 1895 made an amendment to the section APPENDAGES, g^y^^yg referred to. It reads as follows : Neces- sary appendages, within the meaning of the law, shall consist of the following articles, to wit : A set of wall maps {tXia grand divisions, the United States, and Michigan) not exceeding twelve dollars in price ; a globe not exceeding eight dollars ; a dictionary not exceeding ten dollars ; a reading chart not exceeding five dollars, and a case for library books not exceeding ten dollars ; also looking-glass, comb, towel, water-pail, cup, ash-pail, poker, stove, shovel, broom, dustpan, duster, wash-basin and soap (4686). It must not be supposed that only the articles mentioned in the law should be considered as necessary apparatus such as the director has the right to purchase. Numerous decisions have been filed which show that directors have power to provide other useful appliances without obtaining authority from the district meeting. * The word "appendage" as used in our school statutes, does not mean simply the school apparatus used inside the building, nor is it limited to such articles as brooms, pails cups, etc.; but it must be construed in a broader sense, to include fuel, fences, and necessary out-houses (62 Mich., 101). Desks are necessary appliances (48 Mich., 404; Attorney General, July 31, 1877). United States Flag. While a flag for a school house may be considered as a necessary appendage" within the meaning of the school law, we give under separate heading the whole of Act No. 56 * Note.— For decisions relative to the purchase of charts by the director, see 36 Mich., 404, and 94 Mich., 262, 94 SCHOOL LAW of the Laws of 1895, the passage of which was advocated by the members of the Grand Army of the Republic of the State : An act to provide for the purchase and display of United States flags in connection with the public school buildings within this State: Section 1. The People of the State of Michigan enact, That the board of education or the board of school trustees in the several cities, townships, villages, and school districts of this State shall purchase a United States flag, of a size not less than four feet two inches by eight feet, and made of good flag bunting "A, " flag staff, and the necessary appliances therefor, and shall display said flag upon or near (or in a conspicuous place within) the public school building during school hours, and at such other times as to the said boards may seem proper; and that the necessary funds to defray the expenses to be incurred herein shall be assessed and collected in the same manner as moneys for public school purposes are assessed and collected by law. And the penalties for neglect of duty provided in section two, chapter fourteen [thirteen] of the general school laws shall apply to any school officer refusing to comply with the provisions of this act (4802). School Census. The school age in Michigan is from five to twenty years and the age of compulsory education from eight to , WHEN TAKEN, fourtceu, except lu cltlcs uuder pollce regulatlou, where the compulsory age is from seven to six- teen. It is the duty of the director, or such other person as the board may appoint, to take a census of the district during the fifteen days just previous to the first Monday of Septem- ber in each year (4687). This is one of the important duties of school officers, and it is essential that the census be taken in all districts of the State at the same time (4659). From the census reports of September is made the distribution of OP MICHIGAN. 95 primary school moneys in May and November of the next year. Children in almshouses, prisons, or asylums are not in- cluded in the census; nor are Indian children, THOSE unless their parents are liable to pay taxes in EXCLUDED. ^ ^ •' the district. The correctness of the census must be verified by the oath or affirmation of the person taking the same, and a copy sent to the superintendent of public in- struction. MUST BE VERIFIED Penalties and Forfeitures. The law is very explicit in stating- the powers and duties of all individuals connected with our school affairs, and is equally explicit in regard to the treatment of any one who seems regardless of the welfare of our schools. Below is a list of the various penalties and forfeitures:* DISTURBING A DISTRICT MEETING. If at a district meeting any person shall conduct himself in a disorderly manner and, after notice from the person presid- ing, shall persist therein, the chairman may order him to withdraw and , if he refuses, may order any constable or other person to take him into custody until the meeting adjourns; and any person who refuses to withdraw on being so ordered, and also any person who wilfully disturbs such meeting by rude and indecent behavior, or by profane or in- REFusAL TO dcccnt dlscourse or any other disturbance, shall, WITHDRAV^*. on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. Any justice of the peace, recorder, or police justice of the township, ward. * NoTB.— For penalty on parents or guardians, see Chapter vn, on compiilsory attendance. 96 SCHOOL LAW or city where such offense shall be committed shall have jurisdiction to try and determine the same (4664). DISTURBING A SCHOOL. Any person who disturbs school by rude and indecent be- havior, or by profane or indecent discourse or any other dis- turbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprison- ment in the county jail not exceeding thirty days (4682). NEGLIGENT OFFICIALS. Any taxable inhabitant of a newly formed district receiv- ing the notice of the first meeting, who neglects TAXABLE Qj. refuses to serve and return such notice, and INHABITANT. ' every chairman of the first district meeting, who wilfully neglects or refuses to perform the duties enjoined on him, shall respectively forfeit the sum of five dollars (4765). Any person duly elected to the office of moderator, director, assessor, or trustee of a school district, who neg- DisTRicT lects or refuses without sufficient cause to accept OFFICER. ^ and serve, or who, having entered upon the duties of his office, neglects or refuses to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars (4766). Any person duly elected or appointed a school inspector, who neglects or refuses without sufficient cause INSPECTOR. to qualify and serve, or who, having entered upon the duties of his office, neglects or refuses to perform any duty required of him by virtue of his office, shall forfeit the sum of ten dollars (4767). If any board of school inspectors neglect or refuse to make and deliver to the township clerk the annual msPECTORs J'^POi't, within the limited time, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, tQ be recovered by the OF MICHIGAN. 97 township treasurer in the name of the township; and if any township clerk neglects or refuses to transmit the report herein mentioned within the limited time, he shall be liable to pay the full amount lost by such neglect or refusal, with interest thereon (4768). Any county clerk who neglects or refuses to transmit to the superintendent of public instruction the re- cle?k7 quired reports, within the limited time, shall be liable to pay to each township the full amount which such township or school district shall lose by such neglect or refusal, with interest thereon (4769). Any township clerk who neglects or refuses to certify to TOWNSHIP *^® supervisor any school district taxes that have CLERK AND bccn rcportcd to him, and any supervisor wil- fully neglecting to assess any such tax, shall be liable to any district for any damage occasioned thereby, to be recovered by the treasurer in the name of the district (4771). No school officer, superintendent, or teacher shall act as agent for any author, publisher, or seller of OFFICERS AND school books, or shall directly or indirectly re- HERs. ceive any gift or reward for his influence in rec- ommending the purchase or use of any library or school apparatus or furniture; nor shall any school officer be person- ally interested in any way whatever in any contract with the district in which he may hold office. Any act or neglect herein prohibited, performed by any such officer, superin- tendent, or teacher, shall be deemed a misdemeanor (4772). Any person intentionally giving to any census enumerator of school children any false information as to the names or ages of school children, or as to the names or residence of the parents or guardian of any school children, or any enumerator who shall perform his duties carelessly or neg- ligently, shall be gmlty of a misdemeanor, and upon conviction thereof, be liable to a fine of not more than five dollars or to 7 98 SCHOOL LAW imprisonment in the county jail for not more than five days, in the discretion of the court (4688). Any board of education of a graded school district in which there is published a newspaper, that shall neglect or refuse to publish a financial statement of the receipts and expendi- tures of the district for the year just preceding the third Monday of September, each member shall forfeit the sum of ten -dollars (4801). Safe Keeping of Public Moneys. All moneys which come into the hands of any school offi- cer, pursuant to any provisions of law authoriz- puBLic ing such officer to receive the same, are denom- MONEYs. inated public moneys (1197 to 1204). It is the duty of every officer charged with the receiving, keeping, or disbursing of public moneys, to keep HOW KEPT. the same separate and apart from his own money, and not to commingle the same with his own money nor with any other money. No such officer shall, under any pretext, use or allow to be used, any such moneys for any purpose other HOW USED. than in accordance with the provisions of law ; nor shall he use the same for his own private use, nor loan the same without legal authority. In all cases where public moneys are authorized to be deposited in any bank or to be loaned for inter- iNTEREST ggt t,he interest accruing belongs to and consti- ACCRUING. ° ° tutes a general fund. In no case shall any such officer, directly or indirectly, DEPOSIT OF I'eceive any pecuniary or valuable consideration PUBLIC as an inducement for the deposit of any public MONEYS. moneys with any particular bank, person, firm, or corporation. These provisions apply to all deputies, clerks, agents and ' OF MICHIGAN, 1)9 servants of such officers, and any person guilty PENALTY FOR of a violatiou of this law shall, on conviction VIOLATION. ' thereof, be punished by a fine not exceeding- one thousand dollars or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment, in the discretion of the court : Pr(yvided, That nothing in this act contained shall prevent a prosecution under the general statute for embezzlement, in cases where the facts warrant a prosecution under such general statute. Any officer who wilfully or corruptly draws or issues any warrant, order, or certificate for the payment of MONEY money in excess of the amount authorized by ORDERS. ' "^ law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor and may be punished as stated above. Indeltedness and Expenses. By wise provisions of law the expenses of districts for pur- chasing property, building houses, and maintaining schools is carefully restricted, so that districts may not become un- duly burdened. BONDED INDEBTEDNESS. Any school district may, by a two- thirds vote of the quali- fied electors present at any annual meeting or a special meeting called for that purpose, borrow money, and may issue bonds of the district to pay for a school-house site or sites, and to erect and furnish school buildings. Districts having less than thirty children may have an in- debtedness not to exceed three hundred dollars ; AMOUNT. districts having thirty children, five hundred dollars ; districts having forty children, seven hundred and fifty dollars ;* districts having fifty children, * Amended by Act No. 190, Laws of 1899. 100 SCHOOL LAW one thousand dollars ; districts having seventy-five children, two thousand dollars ; districts having one hundred children, three thousand dollars ; districts having one hundred twenty-five children and an assessed valuation of not less than one hundred fifty thousand dollars, five thousand dollars ; districts having two hundred children, eight thou- sand dollars; districts having three hundred children, fifteen thousand dollars ; districts having four hundred children, twenty thousand dollars ; districts having five hundred children, twenty-five thousand dollars ; and dis- tricts having eight hundred children or more, thirty thou- sand dollars (4717). All children mentioned in this section must be of legal school age, and the indebtedness of a district TIME LIMIT, shall in no case extend beyond ten years for money borrowed. In all proceedings under this section, the director, treas- urer, and one other person appointed by the dis- voTE BY trict board constitute a board of inspection, who BALLOT. shall cause a poll-list to be kept and a suitable bal- lot-box to be used, which shall be kept open two hours. The vote must be by ballot and canvassed in the same manner as votes at township elections. TAXATION. One of the powers of the district meeting is the voting of taxes for the building of school houses and the AMOUNT FOR , , , rr^, PURCHASING running expenses of school. The amount of OR BUILDING, ^g^^es to bc ralscd in any district for the purpose of purchasing or building a school house or houses in the same year that any bonded indebtedness is incurred shall not exceed in districts containing less than ten children of school age, two hundred fifty dollars ; in districts hav- ing between ten and thirty children, five hundred dollars: and in districts having between thirty and fifty children, one OF MICHIGAN. 101 thousand dollars. The requirement that a legal subdivision of land shall be within two and one-half miles of the school site to be taxable is repealed. Act 10, 1903. The tax authorized to be raised for general school ex- penses must not exceed one-half the amount FOR GENERAL SCHOOL PUR- authorized to be raised for building. In the es- posEs. timates made by district boards of districts have ing less than thirty pupils, such estimate, including the district's share of the primary school interest fund and one- mill tax, shall not exceed the sum of fifty dollars a month for the period during which school is held in such district. In township districts the amount voted for purchasing school lots and for erecting school houses, shall not be greater than three mills on the dollar of all the taxable valuation of the real and personal property in said township (4831). Suits and Judgments Against Districts. Justices of the peace have jurisdiction in cases against school districts, when the amount claimed or JURISDICTION, matter in controversy does not exceed one hun- dred dollars (4721). When any suit is bought against a school district, it must be commenced by summons, a copy of which HOW COM- shall be left with the treasurer of the district at MENCED. least eight days before the return day (4722). No execution shall issue on any judgment against a school district, nor shall any suit be brought thereon ; NO EXECUTION, but the same shall be collected in the manner prescribed in this act (4723) . Whenever any final judgment shall be obtained against a school district, the treasurer of the district shall FINAL juoa- certify to the supervisor of the township and to the director of the district, the date and amount 102 SCHOOL LAW of such judgment, with the name of the person in whose favor the same was rendered (4724). If the assessor fails to certify the judgment, it is lawful for the party obtaining the same to file with the su- cERTiFY juoG- pervlsor the certificate of the justice or clerk of *^^^'^' the court rendering the judgment showing the facts which should have been certified by the treasurer (4725). The supervisor receiving either of the certificates of a judgment, shall proceed to assess upon the tax- AssEssMENT ^\)Iq propcrtv of the district, the amount with OF AMOUNT. „ , -, ,. ■, . 1 interest from the date of the judgment to the time when the warrant for the collection will expire, placing the same on the next township assessment roll in the column for school taxes ; and the same proceedings shall be had, and the same shall be collected and returned, in the same man- ner as other district taxes (4726). School House Sites, The qualified voters of any school district, when lawfully assembled, may designate by a vote of two-thirds LOCATION Qf those present such number of sites as may be OF SITE. ^ '' desired for school houses, and may change the same by a similar vote at any annual meeting. When no site can be established by such inhabitants, the school in- spectors of the township or townships in which the district is situated determine where such site shall be; and their deter- mination shall be certified to the director of the district and shall be final, subject to alteration afterward by the inspect- ors, on the written request of two- thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site, at a district meeting lawfully called (4732). Whenever a site for a school house shall be designated, de- AMouNT TO termined, or established in any manner provided BE PAID. by lay^Tj and such district shall be unable to agree OF MICHIGAN. 103 with the owner or owners upon the compensation to be paid, or in case such district shall, by reason of any imperfection in the title to said site, arising either from break in the chain of title, tax sale, mortgages, levies, or any other cause, be unable to procure a perfect, unincumbered title, the district board of such district shall authorize one or more of its members to apply to the circuit judge, circuit court commissioner, or any justice of the peace of the city or township in which such school district is situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site. The application must be in writing, state the necessity for using the same for school purposes, and describe the real estate in question (4729). Suspension of Pupils. District boards have authority to make and enforce suitable rules for the government and management of POWER VESTED IN schools and the care of district property. Just ^o**"*- what shall be considered suitable rules must necessarily be left to the discretion of the board. Said board may authorize or order the suspension or expulsion from the school, whenever in its judgment the interests of the school demand it, of any pupil guilty of gross misdemeanor or per- sistent disobedience (4682) It will be observed that the power to suspend pupils, if possessed by the teacher, must be delegated to POWER MAY c tj J o BE DELEGATED him by thc board. It sometimes occurs that TO TEACHER, tg^chers feel obliged to suspend a pupil before the board can be advised with. Such suspension should be for the day only (45 Wis., 150; 32 Vt., 224; 48 Cal., 36; 133 Mass., 103). Some courts have held that, in extraordinary cases, a teacher may expel a pupil in order to maintain proper control; and that,in case the board reinstates the pupil who becomes a menace to the proper discipline of the school, 104 SCHOOL LAW the teacher may quit the school and maintain an action for the amount of his wages (46 Vt., 452; 27 Vt., 755). Generally, the power to suspend rests with the board alone. The rules of the board should not be unjust and require more than can legally be enforced. Suspension RULES MUST o •/ i. BE REASON- should bc thc last resort. A pupil cannot be '^^*-^' expelled or suspended for a careless act, no matter how negligent, if it is not wilful or malicious (77 Mich., 605). MetJiod of Voting. The method of voting at district meetings, as well as the majority required, depends upon the question under dis- cussion. Though referred to in Chapter IV, we herewith append a summary as follows : VOTING BY BALLOT. Q^his is necessary in the following cases : 1. To elect all school officers (4666, 4746). 2. To bond the district (4717). A TWO-THIRDS VOTE.* At district meetings this is requisite, as follows: 1. To authorize the district board to use money for any other purpose than that for which it was raised (4676). 2. To raise money by issuing bonds (4717). 3. To designate sites for school houses (4728). 4. To request inspectors to alter location of school site (4728). 5. To organize as a graded school district (4746). 6. To unite two districts into one graded district (4750) . 7. To change from graded district to primary district (4750). * Note.— A measure requiring a two-thirds vote of a district meeting cannot after adoption be rescinded by a mere majority vote. (10 N. W. 349. See 47 Mich. 226). OF MICHIGAN. 105 S. To establish a district library (4757). Course of Study. The arrangement of a course of study for the schools of the district is within the iurisdiction of the school STUDIES NOT •• SPECIFIED board. The law is not very explicit as to what BY LAW. studies shall be included in established courses. The free text-book law and the law creating the office of commissioner of schools and defining his duties contain a mention of certain branches of study; and the law for the establishment of graded schools provides for high schools; but district boards must decide what branches shall be pursued in the schools of their districts. Having fixed a course of study, the board may require teachers and pupils to follow the same within reasonable limits. Music may be included in the adopted course of study of a iwtusic MAY public school, and necessary apparatus for teach- BE INCLUDED. ^ ' '^ ^^ ing music may be purchased without a vote of the district (67 Mich. 262). Sectarian instruction is abolished from all public schools (4676); and, while the READING reading of the Bible may properly become a part of the daily program of the public school, the comment thereon by the teacher should be of such a char- acter that pupils and parents of all religious faiths may not detect the slightest traces of sectarian prejudice. (35 Wis., 59; 79 111., 567; 87 111., 303; 38 Me., 379; 95 111., 263; 23 Ohio, 211.) Transportation of Fupils, A school district which maintains a school during five months of the year, having children residents who have com- pleted the studies of the eighth grade, may at any annual meeting vote a tax sufficient to pay the tuition and trans- portation of children to any high school which the school board may designate. The tax is reported to the clerk of the township, in which such district is located and spread upon the tax roll in the same manner as other school taxes. Act 190, 1903. 106 SCHOOL LAW APPENDIX. MISCELLANEOUS LAWS RELATING TO SCHOOL AFFAIRS-NOT GIVEN ELSEWHERE. [Act No. 176, 1899.] DAY SCHOOLS FOR DEAF CHILDREN. This law provides that any district of the State may, under certain conditions, maintain separate schools for deaf chil- dren. The conditions are as follows: The superintendent of public instruction, upon application of the school author- ities, g-rants permission to such school authority to maintain a school. The average attendance in such school must be at least three pupils. The board maintaining such a school must report to the superintendent of public instruction annually such facts as he may require. The State treasurer is authorized to pay out of the general fund to the school board maintaining a school for deaf children one hundred fifty dollars for each deaf pupil instructed for a period of nine months, or a proportioned sum for a shorter period. The money received from the State treasurer must be kept as a separate fund and used for no other purpose than the payment of salaries of teachers of deaf children and for school appliances. Sums not expended as above must be returned to the State treasurer and by him credited to the primary school interest fund. Teachers having had special training for teaching deaf children must be employed, and in addition to this one year's experience as teacher in a school for the deaf. The so-called oral-system must be OF MICHIGAN. 107 taught, and nine months considered a reasonable time for trial for a pupil to show an ability to learn. Any child of sound mind but who by reason of defective hearing cannot profitably be taught in the public schools may be considered deaf. County Normal Training Glasses. [Act No. 241, 1903.] Superintendent of Public Instruction may authorize the establishment of County Normal Training Classes under the provisions of Act No. 241, Laws of 1903. The first step lead- ing to the establishment of such Training Class is a vote of a School District and the Board of Supervisors of the County. Only one Training Class can be established in any County, and not more than ten such classes can be established in the State during any one year. The County Normal Board consists of the State Superin- tendent of Public Instruction, the County Com- couNTY NOR- missiouer of Schools and the Superintendent MAL BOARD. ^ of Schools m the district. There is a provision that in case the County Commissioner of Schools is also Superintendent of the schools of the district, the Superin- tendent of Public Instruction and Commissioner shall select a third member. Duties of the County Normal Board are as follows: First, To determine the qualifications for admission of students; Second, To establish courses of study, which courses shall not be more than two, a one year course and a DUTIES OF two year course: a year to consist of not less NORMAL BOARD. '' 'J than thirty-two weeks of five days each; Third, To grant certificates of graduation to students who 108 SCHOOL LAW finish either course, in such form as the Superintendent shall prescribe. These certificates are valid in rural schools and in grades only of graded schools. They may be transi ferred from one county to another and are renewable. The expense of Normal Training Schools is provided for as follows: The district receiving permission to EXPENSE OF establish school, provides teachers, and rooms CO. NORMAL. ' ^ ' with heating and satisfactory equipments. The amount to be paid by the state in any one year is limited to $250.00 for each teacher employed in the school, paid on the warrant of the Auditor General on the State Treasurer in favor of the Treasurer of the district where school is located. The law provides that the amount of state aid in any school year for a single district maintaining a Normal Training Class shall not exceed $1,000. The county may also assist in the support of the school, which assistance is given by an appropriation by the Board of Supervisors at its October session but the amount thus appropriated cannot exceed one- half of the amount appropriated by the state for the same school. The money so raised is called the County Normal Fund. All money remaining in the County Normal fund upon the first of September of each year is returned to the general fund of the county. The law provides that the appropriation of the expenses of Normal Training School not paid by the state shall be borne equally between the county and the district which establishes the class but this appropriation cannot exceed the amount drawn from the state. [Act No. 44, 1899.] OF MICHIGAN. 109A [Act No. 44.] PRINTING OF PUBLIC DOCUMENTS. Sections eleven, thirty, and thirty-two of this act are of interest to school officers and teachers. Section eleven refers to the report of the superintendent of public instruc- tion, and provides that there shall be printed one copy for each school library of the State, one to each superintendent of public instruction, State university and State normal school in the United States, one for each living- ex-superin- tendent and ex-deputy superintendent in this State, one for each commissioner and school examiner, each city superin- endent of schools and two hundred copies for deposit with the secretary of State for future distribution. The superintendent of public instruction may in his dis- cretion order three hundred copies in addition to the above. The report is limited to three hundred pages and the amount expended for cuts and illustrations must not exceed fifty dollars. Section thirty provides a Legislative Manual (Red Book) for each district school, each graded and city school, each library other than school library and to each county commissioner of schools. Section thirty-two makes it the duty of the county com- missioners of schools to distribute the Legislative Manual to all the schools in their respective counties, and also to see that the same are kept for the use of the schools. Note.— The State Superintendent of Public Instruction may have published for the district schools, a State course of study; for the teachers' institutes, institute outline; and such educational bulletins as he may deem necessary for the advancement of the cause of education. Act 31, 1901. OF ^UCHIGAN. 109 EEVIEW QUESTIONS. In answering- some of the following questions the student will be obliged to consult Miller's Compiled Laws, Reports of the Superintendent of Public Instruction, and the Legislative Manual. 1. By whom are school districts formed and numbered ? 2. What are specific taxes ? 3. What is meant by a fractional district ? 4. How are vacancies in State offices filled ? 5. How is the primary school fund raised ? 6. About how much money is apportioned in each year among the school districts of the State ? 7. Should all instruction in our public schools be given in the EngUsh language ? 8. What is done with lands which escheat to the State from a defect of heirs ? 9. How many months of school must be maintained during a school year to entitle districts to primary school money ? 10. How many members compose the board of regents of the State university ? 11. What is the length of a regent's term of office ? 12. Who is the president of the university ? 13. Is the president of the university a member of the board of regents ? 14. Of how many members is the State board of education composed ? 15. What is the length of the term of office of a member of the board of education ? 16. What is the salary of the superintendent of pubUc instruction ? 17. Of what State boards is the superintendent a member ? 18. What provision was made in the constitution for the estabhsh- ment of an agricultural college ? 19. Mention some of the duties of the superintendent of pubUc in- struction. 110 SCHOOL LAW 20. To whom does the law require the printed school laws to be fur- nished ? 21. On what dates is the apportionment of primary school money made? 22. What is the legal school age in the State ? 23. For what reasons may the State superintendent cause a school district to forfeit public money ? 24. Who makes statements for the distribution of hbrary funds ? 25. What compensation is allowed to members of the State board of education? 26. Where are the State normal schools located ? 27. Are State normal school diplomas legal certificates to teach ? 28. How many State examinations are held in each year ? 29. How may certificates granted in other States be made valid in this State ? 30. Are holders of diplomas from Michigan colleges legally qualified to teach? 31. How many members in the county board of examiners ? 32. When is the commissioner chosen and for how long ? 33. What is the salary of commissioner in the various counties of the State? 34. What amount must be named in the commissioner's bond ? 35. What is required of a commissioner before he receives an order for his salary ? 36. What qualifications are required of persons who are eligible to hold the office of commissioner ? 37. How are vacancies in the office of commissioner filled ? 38. How are vacancies in the office of examiner filled ? 39. Is an examiner authorized by law to grant a special teacher's certificate ? 40. By whom are assistant visitors of schools appointed ? 41. What compensation do assistant visitors receive ? 42. Mention six of the principal duties of the commissioner. 43. Have members of examining boards the legal right to engage in summer normal school work ? 44. How is the commissioner Limited in office expenses ? 45. Can an examiner be elected by a plurality vote ? 46. What compensation does an examiner receive ? 47. Of how many members is the township board of inspectors com- posed? 48. What school offices may be held by women ? 49. With whom are the triphcate annual reports of the inspectors filed? OF MICHIGAN. Ill 50. Mention some of the information that must be contained in the inspector's annual reports. 51. Give some of the school duties of the township clerk. 52. How is the number of meetings of the board of inspectors limited ? 53. What compensation is allowed to school inspectors ? 54. What yearly salary does the clerk of the Upper Peninsula town- ship district receive ? 55. What is the maximum size of primary school districts ? 56. Have the inspectors authority to change the boundaries of a school district which has been organized by special legislative enact- ment ? 57. By whom are changes in the boundaries of fractional districts made? 58. When may a school district be said to be legally organized ? 59. How many days' notice must be given of a meeting to change boundaries of a school district ? 60. How many notices must be posted for change of boundaries ? 61. How may two or more primary districts be consoUdated ? 62. How may a district be divided into two or more districts ? 63. Have the inspectors the right to destroy a district by detaching its territory ? 64. How may a imary district organize into a graded district ? 65. Under what conditions may inspectors make an alteration in the boundaries of a graded district ? 66. How may two primary districts organize into one graded district ? 67. May a graded district change to a primary district '? 68. How many township school districts are there in Michigan ? 69. How many primary districts ? 70. How many graded districts ? 71. In the Upper Peninsula how are township districts organized ? 72. Of how many members is a township board of education com- posed ? 78. Mention several of the advantages of the township system over the district system. 74. What are some of the reasons why the township should not be the unit in school matters. 75. Has the township system been successfully tried in other States ? If so, where ? 76. Is the township system unpopular in States where it has been estabUshed ? If so, in what States ? 77. What is the date of the annual school meeting ? 78. When and how are the members of township boards of education elected ? 112 SCHOOL LAW 79. What is the time of taking the annual census of school children in all the districts of the State ? 80. How may special school meetings be called ? 81. How many days' notice must be given for all district meetings ? 82. Has the district board the authority to determine the number of months of school to be taught in the district during the year ? 83. Can a board of supervisors legally appoint one of its own num- ber as member of the board of examiners ? 84. What must be included in all notices of special school meetings ?• 85. What is the date of the annual school meeting in township dis- tricts of the Upper Peninsula ? 86. Have the voters or the district board the authority to determine whether the school shall be taught by a male or a female teacher ? 87. Have the voters or the district board the authority to determine the maximum salary that shall be paid to teachers ? 88. Have the voters or the district board the authority to admit non- resident pupils ? 89. Who selects school house sites, the school board or the voters ? 90. What is the highest amount of money for sites or building pur- poses that can be raised by taxation in any one year in districts having ten children of school age '? Thirty children ? Five hundred children ? 91. How is the tax for repairs and apparatus limited ? 92. What is the minimum number of months required to be taught in districts having 800 children ? 93. What is the minimum number of months required in all districts ? 94. What is the penalty on districts whose ofiBcers do not provide for the required number of months of school? 95. For what purposes may the surplus of the one-mill tax be appro- priated ? 96. Who are legal voters at school meetings ? 97. In what districts are women barred from voting ? 98. How many trustees in the district board of graded school dis- tricts ? 99. How many children of school age must a district contain to be organized into a graded district ? 100. How many votes at a district meeting are required to change to a graded district ? 101. How may a person who is not a legally qualified voter in the dis- trict be prevented from voting, if he offers to do so ? 102. If a vote is not taken by ballot, how may voters be challenged? 103. How may a disorderly person be expelled from a district meeting ? 104. What penalty may be inflicted upon a person for disturblngr a district meeting ? OF MICHIGAN. 113 105. What officers are elected at the first school meeting of a newly organized school district ? 106. What is the length of the term of office of school officers? 107. Are school officers legally elected, if chosen in any other way than by ballot ? 108. Is a pluraUty vote sufficient to elect a school officer? 109. How may meetings of the district board be caUed ? 110. What persons are eligible to hold a district office ? 111. Within what time and in what manner must district officers accept their offices ? 112. State seven ways by which a district office may become vacant? 113. Does the temporary absence of a district officer from a district create a vacancy ? 114. When one of the district offices becomes vacant, how may such vacancy be filled ? 115. When two of the district offices become vacant, how filled ? 116. How are vacancies filled after an office has been vacant more than twenty days? 117. How long does a person who is elected to fill a vacancy serve ? 118. How are vacancies in the board of education of graded or township districts filled ? 119. Upon what condition may a district board borrow money? 120. When must the report of the district board to the township clerk be made ? 121. How is district taxation in districts having less than thirty children Umited ? 122. Who has the authority to admit or exclude public meetings from the school house, the school board or the voters ? 123. Who determines the kind of text-books that shaU be used in the district? 124. How long do text-books once adopted continue to be the legal text-books of the district ? 125. How may indigent children be supplied with text-books? 126. For what reason may pupils be expelled or suspended from school ? 127. What tuition may be charged to non-resident pupils? 128. What is the minimum legal size of school flags ? 129. How are the executive officers of a graded district chosen ? 130. How are the township district trustees chosen and how long do they serve ? 131. Who acts as president of the township school board ? As clerk? 132. What bond is required of the treasurer of township school dis- tricts ? 8 114 SCHOOL LAW 133. On what dates are the regular meetings of the township school board held ? 134. "Where are such meetings held ? 135. Mention some of the powers and duties of the ofQcers of town- ship districts? 136. What officer appears for the district in suits brought for or against the same ? 137. "What officer appears for the district in suits brought against the assessor? 138. Mention several of the specific duties of the director of a primary school district. Of moderator. Of assessor. 139. On what dates are the two required regular public examinations of teachers held ? 140. On what dates are the two optional regular examinations held ? 141. On what dates may extra pubUc examinations be held in certain large counties? 142. "What counties are entitled to three extra examinations. ? Two ? One? 143. What branches of study are required in examinations for first grade certificates? Second? Third? State? 144. By whom must all county certificates be signed ? 145. Is the holder of a third grade certificate of class B legally qualified to teach in pi-imary departments of graded schools? 146. Is the holder of a third grade certificate of class A legally qualified to teach in ordinaliy district schools of eiglit grades? 147. How is the number of tliird grade certificates of class B limited ? 148. By whom are questions for teachers' examinations prepared ? 149. "Who fixes the standai-d of examinations for county certificates ? 1.50. By whom are special certificates granted ? 151. For how long are special certificates granted? 152. "What citizenship qualification is required of teachers? 153. In your opinion, what constitutes a good moral character in a teacher? 154. Under what conditions may a teacher's certificate be renewed? 155. "What authority have examining boards for revolung certifi- cates ? 156. Must city teachers be legally qualified ? 157. "What penalty is inflicted upon districts, if the officers employ teachers that are not holders of certificates ? 158. "What colleges in this state have courses of study which have been approved by the state board of education ? 159. What are the conditions under which the boai'd of education grant certificates to college graduates? OF MICHIGAN. 116 160. For how long are college certificates valid ? Do they ever be- come hf e certificates ? 161. Are diplomas granted by the faculty of the university legal teachers' certificates ? 162. How many state examinations are held in each year? What branches are required? 163. For how long are state certificates vaUd ? 164. Are certificates or diplomas granted in other states valid in this state ? 165. What annual institute fee are teachers required to pay? Are any teachers exempt ? Who collects the fee ? 166. Who has the custody of the county institute fund ? 167. Who conducts institutes and who appoints institute instructors ? 168. May two or more counties unite in a teachers' institute ? 169. How much money may be drawn from the State treasury in any one year for the support of teachers' institutes? 170. What is the largest sum that can be drawn from the State treasury for any one institute ? 171. How may a teachers' association become incorporated ? What amount of property may an association hold? 172. By whom must a teacher's contract be signed ? 173. Mention some of the things that must be contained in a teacher's contract. 174. With whom must contracts be filed ? 175. Must teachers make up for time lost in the observance of legal holidays ? 176. What are the legal hohdays in this State ? 177. When schools are closed by the district board on account of the prevalence of a contagious disease, must teachers lose the time ? 178. Are contracts made previous to the annual school meeting, vaUd? 179. Can school boards legally make contracts two or three years in advance? 180. Must all the officers sign teachers' contracts ? 181. What is the age of compulsory education in the primary and township districts of the State ? 182. What is the compulsory age in cities under poUce regulation ? 183. How many months in the year must all pupils between certain ages attend school? 184. What pupils of the compulsory age are exempt from the pro- visions of the law for compulsory attendance ? 185. Who appoints the truant officer and what is the lowest com- pensation allowed him by law ? 116 SCHOOL LAW • 186. In cities, who selects the truant officer? 187. What notice to parents are truant officers required to give ? 188. What penalty may be inflicted on parents who refuse to send their children to school ? 189. Can parents evade the compulsory law because of being too poor to buy text-books ? 190. In what city school districts may the board establish ungraded schools ? 191. What children are considered as juvenile disorderly persons? 192. What courts have jurisdiction over truancy ? 193. Are superintendents required by law to assist the truant officer? 194. What sentence may be imposed upon juvenile disorderly per- sons ? To what State institutions may they be sentenced ? 195. What officer must be consulted before sentence is passed upon a juvenile disorderly person ? 196. Does the constitution of the State provide for the establish- ment of libraries? 197. Who are entitled to the privileges of the township library? 198. Who has charge of the township library ? 199. Who is custodian of the funds belonging to the township library ? 200. Where must the township library be kept ? 201. Who appoints the librarian ? 202. How may a district library be established ? 203. Who has charge of the district library ? 204. How are library funds raised ? 205. Under what conditions may a district or township forfeit library money ? 206. When and by whom is the library apportionment made ? 207. What amendment was made to the library law by the Legisla- ture of 1895? 208. May library moneys ever be used for other purposes ? 209. May district officers ever sell the books of the library ? 210. How many township libraries are there in Michigan ? 211. How many volumes in township Ubraries? 212. How many district libraries in Michigan ? 213. How many volumes in district Ubraries ? 214. Has your township or district a library ? If so, in what condi- tion is it ? 215. Under our State law, what is meant by free text-books? 216. When was our free text-book law passed ? 217. What text-books may be purchased by school officers under the provisions of this law? 218. By what vote of the district meeting may the purchase of free text-books be authorized? OF MICHIGAN 117 219. May a district that has once voted to furnish free text-books return to the former plan of requiring pupils to furnish their own books? 220. What penalty may be inflicted upon school oflacers who refuse to obey the instructions of the district meeting as to the purchase of free text-books? 221. How many districts in Michigan furnish free text-books? 222. How, in your opinion, should text-books be supplied to pupils? 223. Do you beheve in State publication of text-books? 224. What provision is made by law for the teaching of the modes by which dangerous diseases are spread? 225. Who furnishes the printed matter to the schools? 226. Who is the principal oflQcer of the State board of health? Where is his office? 227. By whom is the State Manual and Course of Study published? Have you ever seen a copy of it? 228. What is done with the surplus of the dog tax fund? 229. Which section of each township was set apart as a "school" section? 230. What are necessary appendages to a school house? 231. Which officer is authorized to provide necessary apparatus? 232. Should a dictionary be considered as a "necessary appendage" such as a director may purchase without a vote of the district? 233. Select from the following list such articles as a director may purchase without the consent of the voters of the district meeting: Maps, globe, organ, stove, desks, wall pictures, case for library books, towels, water-pail, books for library. 234. Are the following necessary appendages: Line-fence, well, out-houses? lis SCHOOL LAW INDKX. PAGES. Acceptance of office: filed with and recorded by director .- 42 neglect to file vacates office 42 Accounts: of director. 48 Action: against school district.. .55, 98 relative to obtaining site. 102 Adjournment: of district meeting 34 Admission of pupils: non-resident 47, 48 to high school 48 to kindergarten 92 Age: school 53 at which education is compulsory 72 Agents for school books: officers, superintendents, and teachers not to act as 20, 97 Agricultural school: to be provided, con. prov., art. xiii 9 Aliens: not eligible to office 42 Alteration: in boundaries of districts. 27, 30 Annual meetings: (See District meetings.) Annulment of certificates: by county board of exam- iners - 60 by faculty of university.. 62 by Stateboard of education 62 Appendages to school house: to be provided by di- rector 52,92 what are 93 Appendix 108 PAGES. Appointment: of building committee 37 of commissioner in case of vacancy. 18 of conductor of teachers' institute 65 of deputy supt. of public instruction 11 of deputy made by supt. of public instruction, may be revoked... 11 of district officers in case of vacancy of trustees.. 43 of first meeting of disti'ict 25 of Ubrarian of township library... 84 of member of board of ex- aminers in case of va- cancy 21 of person to take school census ..53, 94 of regents in case of va- cancy, con. prov., art. xiii 8 of supt. of public instruc- tion in case of vacancy, con. prov., art. viii 7 of truant officer 73 Apportionment: of library moneys 85 of primary school fund, con. prov., art. xiii 7 to districts by township clerk 24 duty of supt. of public instruction 12 Assessment of taxes: (See Taxes.) Assessor:* acceptance of office 42 a member of district board 41, 47 *Treasurer. OF MICHIGAN. 119 PAGES. Treasurer — Continued: a member of board of in- spection at election to vote bonds 96 and moderator to audit director's accounts 52 bond required 55 penalty for neglecting duties 96 summons to be served on, in suits - 101 to appear for district in suits 54 to certify judgment against district to super- visor 105 to deliver to successor aU books, etc., belonging to district- 55 to keep record of receipts and expenditures 55 to pay orders legally drawn 55 to report receipts and expenditures to district board 55 Associations: teachers may form 67 Asylums: for deaf, dumb, bUnd, and insane, con. pro v., art. xiii 9 Ballot: election of ofiacers to be by 41 vote on issuance of bonds to be by 100 voting by 104 Blind: institutions for, con. pro v., art., xiii 9 Board, district: (See District board.) Board of education: (See Stateboardof educa- tion.) Board of education of graded schools: how elected and term of office. 47,49 meetings of 50 of township districts 49 organization of 49 powers and duties 46, 51-55 Board of inspection: at election to vote on issu- ance of bonds 100 PAGES. Board of regents: of university, con. pro v., art. xiii 8 Board of school exammers: (See County board of school examiners.) Board of school inspectors: (See Township board of school inspectors.) Board of trustees in graded school districts: election and term of office . of 49 officers of 49 meetingsof - 50 powers and duties of 51 vacancy in, how filled 43 Boards: when authorized to exam- ine teachers, to collect fees 64 Bond: of assessor 54 of county commissioner of schools 16 Bonds: district vote on issuance of 100 time limit of amount 100 limitation of .-. 100 vote for, by ballot 100, 104 Books of record: (See records.) Books, school: (See text-books.) Boundaries of districts: alterations in 27, 30 described in first notice.. . 25 township clerk to give notice of change 28 Building committee: voters may appoint 37 Census of school districts: when and how taken. ..33, 53, 94 Certificate: of inspectors establishing site--- --- 102 of instruction in physiolo- gy to be filed by teacher- 46 filed by director with township clerk 46 of township clerk of dis- trict taxes 28 Certificates of qualification to teachers: college, granted by State board of education 69 lao SCHOOL LAW PAGES. Certificates, etc.— Continued: fee to be paid on obtaining 63 from other states, indors- ed by State board of edu- cation 63 given by county board of examiners 56 given by city board 60 given by faculty of uni- versity 62 given by State board of education 15, 63 grades of and requisite qualifications to obtain .56, 63 holder of, must be citizen of United States 59 holder of must be of good moral character 59 indorsement by supt. of public instruction 57 list of teachers having.. .19, 64 record to be kept by county commissioner of schools 18 renewal by board of ex- aminers 59 revocation or suspension of 19, 60,62 signed by commissioner and one examiner 57 tvT^o classes of third grade 57 Chairman: of board of school in- spectors 22 of board of school in- spectors has supervision of schools 22 of first meeting of dis- trict 25,96 of meeting may arrest dis- orderly person 95 to give bond 22 to give oath to challenged voter 40 Challenge: of voter at district meet- ing 40 Children: census list of 52. 94 compulsory education of. 72 duties of truant oflacer with respect to 73 entitled to attend kinder- garten 92 indigent, tuition of 91 Citizen of United States: teacher must be 59 PAGES. Clerk: of board of school in- spectors 22 of district, director to be. 50 of township. (See Town- ship clerk.) Collection: of damages for not report- ing and assessing taxes.. 96 of fines for injuring books 84 of institute fees from teachers 64 of judgments against dis- trict 101 of penalties, etc 99 oftaxes 80 Committee on building: voters may appoint 37 Compensation: for site, determined by jury 102 of menibers of county board of school exam- iners 21 of board of education 14 of county commissioners.. 16 Compulsory education: age at which compulsory . . 72 length of time to attend school 72 who are truants under this act 74 Conductor: of teachers' institutes 65 Consolidation of districts: (See School districts.) Constitional provisions: agricultural school, art. xiii 9 districts may be deprived of public money, art. xiii 8 escheats of land to the State, art. xiii 8 free schools to be main- tained, art. xiii 8 institutions for deaf, dumb, blind, and insane, art. xiii 9 libraries to be provided, art. xiii 10 number months of school maintained, art. xiii 8 regents of the university, art. xiii 8 school funds, art. xiii 7,8 specific taxes, art. xiv 10 OF MICHIGAN. 121 Pages. Constitutional provisions— Cow. ; state board of education, art. xiii - - 9 supt. of public instruction, art. viii 7 supt. of public instruction, term of oface, art. viii... 7 supt. of public instruction, vacancy in office, how mied, art. viii 7 supt. of public instruction, where to keep office — 7 Contract : with teachers- -45, 48, 52, 56, 68 Corporal punishment : supreme court decisions.. 70 Corporate powers: of teachers' associations. 67 County board of school examin- ers: compensation of mem- bers 16, 21 duties of county commis- sioner - -.-18,22 election and term of office of 16,21 eligibihty of..- 21 how appointed 21 schedule of meetings for examinations to be pub- lished -- 18 vacancies in board, how filled 18, 21 shall assist at examina- tions 21 County clerk : duties in relation to appor- tionment of moneys -..85, 88 duties in relation to coun- ty commissioner 16 duties in relation to insti- tute moneys - 64 examination of candidates for admission to 18 neglectof duty 97 County commissioner of schools : act as assistant institute conductor 20 certificates, keep record of - 19, 65 counsel with teachers — 19 dutiesof 18. 19 examinations, hold 18, 56 examinations, keep record of 19 PAGES. County comm'r of schools— Cora. ; examinations, prepare schedule of 18 file acceptance of office and bond 16 re c eive annu al reports 20 receive institute fees 19 receive instructions from supt. of pubhc instruc- tion 20 County institute: (See Teachers' institute.) County treasurer : apportion Ubrary mon- eys -84, 85 pay teachers' institute fund on order of clerk-. 64 statements of apportion- ment filed with - 91 set apart institute fees as institute fund 64 vouchers for payment at teachers' institute filed with 67 Course of study : to be prescribed for schools 108 Crimes and offenses : distributing district meet- ing - 95 distributing school 95 illegal use of moneys 99 Deaf, dumb and blind: institutions for, con. prov., art. xiii 9 Delivery of books, etc., to suc- cessor in office : by assessor o f district 55 by supt. of pubUc instruc- tion 14 Deputy supt. of public instruc- tion: appointment and duties of 11 Diplomas : to graduates of state nor- malschool 15 Director : acceptance of office 42 a member of district board 41,47,52 a member of board of in- spection at election to issue bonds 100 and moderator to approve bond o f assessor 54 draw and sign contracts with teachers 52 122 SCHOOL LAW Pages. Director— Continued : draw and sign warrants and orders.. 52 election and term of oflice. 41 give notice of meetings... 52 have custody of school house and property 45 of fractional disti'icts, to whom to report 53 penalty for neglect of duties... -- 96 reports of to be filed with township clerk... 52 to he clerk of district 51 to file census hst with township clerk 52 tofile certificate of instruc- tion in physiology with township clerk 46 to file copies of all reports 52 to take annual school census 58 to present estimate to annual meeting 52 to present warrants and orders to moderator to be countersigned 51 to provide necessary ap- pendages 52, 96 to keep account of ex- penses 42, 52 to keep record of meetings 51 Disease : prevention of communica- ble 82 Disorderly persons : treatment of 39, 99 Districts, school: (See School districts.) District boards: election and tenure of oflace of members.. 41, 47, 49 may admit non-resident pupils 46, 90 majority of members nec- cessary at meetings of.. 42 meetings of 41 to apply moneys accord- ing to law 45 to apply for jury in suits to obtain site 103 to audit accounts of direc- tor 48 to borrow money 44 to build, hire, or purchase schoolhouses 44 tocallmeetingsofdistrict. 50 PAGES. District boards— Co?itinued : to classify pupils 90 to contract with teachers 45,48 to donate or sell library books 47 to employ janitors 49 to establish rules for school.. 46 to estimate amount for ' support of schools 44 to fix rate of tuition to non- resident pupils 47, 91 to have care and custody of school property 45 to have charge of district library 47 to make statement of finances at annual meet- ing ...44, 45 to prescribe text-books and course of study.. .45, 105 to provide for instruction in physiology 46 to purchase books for indi- gent children 46 to purchase flag and flag- staff 47 to purchase record books, etc 44 to purchase text-books when authorized by voters 46 to purchase or lease site for school house 44 to report taxes to be as- sessed 44 to suspend or expel disor- derly pupils 46 vacancy in, how filled 43 vacancy in, what to occa- sion 42 when to exclude public meetings from school house 45 when may issue bonds 99 who are eUgible to oflBce. 42 who to constitute 41, 47, 49 District libraries : (See Libraries.) District meetings : annual, board to make financial report at 45 annual, powers of voters at 34, 39, 51 annual, regular, where held 50 annual, when to be held.. 31 OF MICHIGAN. 123 Pages. District meetings — Contimied: business to be trans- acted 33,41 challenging votes at 39 disorderly persons at 40,95 in district, primary and graded 32, 41 in district, township 32, 49 in district, under special act 32 limit of taxes voted 100 may vote on issuance of bonds 99 notice of 32 notice of, contents of 34 notice of, failure to give.. 34 notice of, none required in township district - 34 special, may be called... 34, 50 special, notice of 34 voters at, who are 38 District ofQcers: acceptance of of&ce 42 election and term of office 41, 47, 49 penalty for neglect of duty ..80, 96, 99 plurality vote does not elect 41, 47 who are ehgible to election to 42 District school : (See Schools.) District taxes: (See Taxes.) Disturbing district meeting or school: penalty for.. 95 Division of district : (See School district; also Township board of in- spectors.) Dog tax, surplus of : apportionment of 89 Education : constitutional provisions, art. xiii 7, 10 Election : of county commissioner of schools 16 of district officers 41, 47, 49 of members of county board of examiners 21 of members of State board of education, con. pro v., art. xiii 9 Pages. Election— Continued : of members of State board of regents, con. prov., art. xiii 8 of supt. of public instruc- tion, con. prov., art. viii. 7 Electors : who are qualified 38 EMgibility to office : in districts 42 of commissioner. 17 of examiner 21 English language : instruction to be conduct- ed in, con. prov., art. xiiu 8 Escheats of land to the State : constitutional provisions, art. xiii 8 Estimates: of amount to be raised by tax... 44, 52 Examinations : of applicants for certifi- cate 56, 63 Of candidates for admis- sion to freshman class of agricultural college 18 of inspectors' reports by county commissioner 20 questions for 13, 58 Examiners : of teachers, to collect fees 64, 65 to pay fees to county treas- urer 65 Execution: not to issue against school district 101 Expenses: estimate of , to be present- ed at annual meeting.. .44, 52 of inspectors, limited 23 of State institute, how paid .: 65, 67, Fees: to be paid by teachers on obtaining certificates... 64 Females: eligible to district offices.. 42 eligible to office of county commissioner 17 eligible to office of town- ship school inspector 22 may vote at district meet- ings „ 38 124 SCHOOL LAW Pages. Pines: for breach of penal laws, con. prov., art xiii 10 for breach of penal laws, apportionment of 85 for disturbing district meeting 40, 95 for disturbing school 95 Flag and flag-staff: district board to purchase 47,93 Forfeitures: (See Penalties.) Formation: of districts. (See School districts.) of teachers' associations.. 67 Fractional districts : (See School districts.) Free schools : to be provided, con. prov., art. xiii 8 Free text-books : district to vote on question of furnishing.. 78 board to estimate amount necessary to purchase... 78 board to make contract for furnishing 79 board to incur penalty for failure to comply with law. 80 board to purchase when authorized 47, 77 property of district 77 Funds: educational, con. prov., art, xiii 7,8 library, con. prov.. art. xiii 10 teachers' association 67 teachers' institute 64 Geological survey, board of : supt. of public instruction amemberof 14 Graded school district: annual meeting of 30 alteration in boundaries of 30 change to primary district 31 how classified 29 how organized 30, 39 not limited to nine sections of land. 29 number of children 29, 39 two or more contiguous districts may organize.- 30 Pages. Graded school district— Continued : trustees, consent to be ob- tained in alterations of boundaries 30 grades of certificates to teachers 56,63 High schools : may be established in certain cases 48 Indebtedness : of districts. (See Bonds) 98,99 Insane : institutions for, con. prov., art. xiii 9 Inspection, board of : (See Board of inspection.) Inspectors, board of school: (See Township board of school inspectors.) Institutes : (SeeTeachers'institutes.) Institutions : for deaf, dumb, and blind, con. prov. , art. xiiL 9 Instruction : to be conducted in the English language, con. prov., art. xiii 8 supt. of public instruction to have supervision 11 Interest : on State fund for educa- tional purposes, con. prov, art. xiii 7, 8 J anitors : employed by district board 48 Judgments : against school district 101 Jurisdiction : in actions against districts 101 Jury: in proceedings to obtain site 102 Juvenile disorderly persons: penalties imposed upon... 75 penalties imposed upon parents in certain cases.. 74 to be sent to ungraded school 74 who constitute 74 Kindergarten: aet to apply to the schools. 92 OF MICHIGAN. 125 PAGES. "KindeTgarten— Continued: children entitled to at- tend 92 duty of district board in regard to 92 Qualtflcations of teachers in 9* Land: escheat to the State, con. prov.,art iii 8 legislature aiay appropri- ate same or money aris- ing from sale of sam§, for , maintenance of agricultural school, con. prov., art. xiii 9 proceedings to obtain for school house sites 102 Laws: relative to schools to be published and furnished too£Qcers 12 of school house site 36 Legislature: to provide for agricultural school, con. prov., art. xiii 9 to provide for free schools, con. prov., art. xiii 8 Libraries: constitutional provisions, art. xiii 10 Liability: of board of inspectors 96 of county clerk 96 of district ofiacers 96 of parent for failure to send child to school — 74 of township clerk and supervisor 97 Librarian: to be appointed 84 Libraries: constitutional provisions, ai't. xiii 10,83 district board have charge of---- 46, 51 district, care of 84 district, what may estab- lish 83 funds, apportionment of.. 85 funds, forfeitures of 85 funds, penal fines to be ap- pUed to, con. prov., art. xiii 10 PAGES Libraries— Continued: funds, State supt. to fur- nish statement of town- ships, etc., entitled to. .83, 85 township, care of 84 township, librarian of 84 tax for support of 85 Maps: of townships showing boundaries of districts.. 23 Meetings: for examination of teach- ers 56, 60, 63 joint, of school inspectors 25 when school house used forpubUc 38,45 (See District meetings.) Members: of county board of school examiners 20 of board of regents, coi^ prov., art. xiii ' of board of school inspect- ors 21 of board of trustees 39, 49 of boards, district 41, 47 of State board of educa- tion, con. prov. , art . xii . - 9 Moderator: acceptance 0f office 42 a member of district board 41, 47 and assessor to audit and pay directors' accounts- 52 and director to approve bond of assessor 54 election and term of ofQceof 41, 47 penalty for neglect to ac- cept office or perform duties 96 to bring suit on assessor's bond 54 to countersign warrants and orders 53 to preside and preserve orders at district meet- ings 40,96 Moneys: accrued from one-mill tax, how used 37, 88 apportionment by State supt., con. prov., art. xiii apportionment to districts by township clerk 29 126 SCHOOL LAW PAGES, M.oneys— Continued: board to apply according to law 45 board to report to annual meeting receipts and dis- bursements 45 collected on account of neglect of of&cers 96 collected on assessor's bond, how applied 54 county treasure to apply for and pay 87 county treasurer to appor- tion library moneys 85 library, apportionment of...- 13,85 library, derived from penal fines, con. pro v., art. xiii 10 library, forfeiture of 85 library, may be used for school purposes 85 limitations as to borrow- ing - 44 not to be diverted except by a two-thirds vote 37 primary school interest fund, apportionment of.. 87 primary school interest fund, districts entitled to receive - 87 primary school interest fund, duties of State supt.in regard to 12, 87 primary school interest fund, how constituted, con. prov., art. xiii 7 primary school interest fund, used only for teachers' wages 87 primary school interest fund, when withheld from districts, con. prov., art. xiii.. 8 public, defined 98 pubhc, deposit of 98 public, how kept 98 public, how to be used 98 public, interest accruing on 98 public, orders for pay- ment of, unlawful 99 township treasurer has keeping of all school and library 50 PAGES. Necessary appendages: (See Appendages.) Neglect: of county clerk to trans- mit reports 97 of district ofiicers 96 of inspectors in perform- ing duties 96 of parent or guardian to send child to school 74 of supervisor and town- .ship clerk in regard to taxes 97 Non-resident pupUs: admission of 46, 48, 90 Normal: county 104 Notices: by State supt. of appor- tionment 12, 87 of first meeting in new district 24 of formation of teachers' association 67 of meetings for examina- tion of teachers 18 of meetings to be given by director ..32, 52 of special meetings... 33, 34, 50 in proceedings to obtain site -- 102 to organize as graded school district 30 to parent or guardian that child does not attend school - 74 to township clerk of taxes tobelevied. 44 Number months of school to be maintained: constitutional provisions, art. xiii 8 Oath: by challenged voter at district meeting, if false deemed perjury 40 by deputy superintendent of pubhc instruction 11 of school officers 50 to be made to correct- ness of census list 95 Office: acceptance of to be filed..42, 50 term of district officers — 21,41,47, 49 OF MICHIGAN. 127 PAGES. OfB.ce— Continued: term of members of board of school examiners 21 termor members of State coard of education, con. prov., art. xiii 9 term of regents of the uni- versity, con. prov. art. xiii 8 term of State supt. of public instruction, con. prov., art. xiii 7 Oflacers: (See names of the several ofQces.) Official bonds: ofassessor 54 of chairman of board of inspectors 21 of county commissioner of schools 16 One-mill tax: assessment, collection and disposition of 88 how surplus may be ap- plied, sec. 12 37,88 Orders: on assessor, drawn and signed by director 52 on assessor, countersigned bymoderator 54 Organization: of graded schools 30 of primary district 25 of township district 32 Parents and guardians: liability for not sending children to school 74 proceedings against for failure to send children to school 74 required to send children to school 72 Penalties and forfeitures: for disturbing district meeting 95 for disturbing school 96 for illegal use of public moneys 99 on district for not main- taining three months' school, con. prov., art. xiii 8 on county clerk for not transmitting reports 97 PAGES. Penalties and f orf eitures— Co«. : on district officers forneg- lect of duty 46. 88, 96 on inspectors for not quali- fying or neglect of duty. 96 on parent or guardian for failure to send child to school 74 on supervisor and clerk for neglect of duties 97 on taxable inhabitant for neglect of duty in forma- tion of new district 96 Perjury: false oath deemed 40 Physiology and hygiene: director to file copy of teacher's certificate of instruction with town- ship clerk 46, 82 penalty for failure of dis- trict board to comply with statute 46, 82 teacher to certify whether instruction has been given 46, 82 text-books to be adopted by district board 81 text-books to be approved by State board of educa- tion 81 to be taught by all schools in the State 46,81 PoU-list: kept when voting on issu- ance of bonds 100 Poor children: to be furnished with text- books 46, 77 President of university: constitutional provisions, art. xiii 9 Prevention: of communicable diseases 82 Primary schoolinterest fund: apportionment of 12,88 apportionment of, when re- ports are defective 13 apportionment of, when deficiencies may be paid 13 constitutional provisions respecting, art. xiii 7 school to be maintained three months to secure, con. prov., art. xiii 8 specific taxes, part of, con. prov., art. xiii 10 128 SCHOOL LAW PAGES. Primary school int. fund— Co;?.. • to be used only for teach- ers' wages 88 Proceedings: to obtain site for school house 102 Property: of district, care of 46 sale of, directed by voters 36 sale of, when may be by inspectors 27, 28 of teachers' associations.. 67 Prosecution: (See Action; Proceedings; Suits.) Public meetings: when may be excluded from school house 38, 45 Pubhc moneys: (See Moneys.) Punishment: corporal 70 Pupils: classification of 90 expulsion or suspension of 46, 103 tuition of non-residents... 46, 48, 90 who may be 90 Purchase: of books for library 51, 83 of books for poor chil- dren 46, 77 of books for records of district 43 of necessary append- ages 52, 92 of school house or school site 44, 102 Qualifications: of teachers 59 Questions: for examinations of teach- ers 13, 58 Record: director to keep, of pro- ceedings 51 of acceptance of office -.. 42 of certificates to teachers 18 of pupils, to be kept by teacher 67 Regents: ■of the university, con. prov., art. xiii 8 duties of, con. prov., art, xiii 9 PAGES. Regents— Continued: election and term of oflace of, con. pro v., art. xiii 8 Register: of school, kept by teacher. 68 Regulations: at election to vote for issuance of bonds 100 for government of schools. 46 for libraries 84. 93 Report: liability of officers for failure to 96 of board at annual meet- ing 45 of chairman of board of school inspectors 22 of county commissioner.. 18 of director, to whom made in fractional districts... 53 of director to inspectors. . 52 of township clerk, of tax- es 23 of supt. of public instruc- tion, annual 11 of supervisor, of taxes assessed 88 Residents: notified of first meeting in new district 25 petition for organization of new district 31,32 qualification of, to vote at digtrict meetings 38 rights of, to attend school 90 Revenues: of schools 87 Revocation of teachers' certifi- cates: by board of school exam- iners 60, 62 by State board of educa- tion 63 Sale of property: directed by district 36 when by inspectors 29 School: admission of non-resident pupUs 46, 48, 90 agricultural to be pro- vided for, con. prov. art. xiii - 9 board to establish regula- tions for 46,103 board to prescribe course of study 105 OP MICHIGAN. 129 PAGES. School — Continued : board to prescribe text- books .-. 45 closed on account of pre- valence of contagious diseases. 68 maintained at least three months, con. pro v., art. xiii 8 may be graded 39, 48 penalty for disturbing 96 revenues 87 sectarian instruction is abolished...- 105 suspension or expulsion of pupils from 45, 103 taxes for support of 44 time necessary to be maintained , 37 to be free, con. pro v., art. xiii 8 ungraded, to be established 74 School board: (See District board.) School books: (See Text-books.) School census: time of taking not to be changed 94 when and how taken 53 School districts: cannot be dissolved 26 changes in boundaries of primary 27 consent of taxpayers 28 consolidation of 29 debts formerly due 30 division of property 30 failure to organize 26 form and size 25 fractional formation of.. 26 graded 29 individuals set off 28 legally organized -- 27 notice of alteration 28 notice of meeting for — 27 notice of first meeting in.. 25 organization of - 25 special legislative enact- ment for 26 transfer of territory of taxpayers in 27 unorganized territory 26 ]S4chool examiners : (See County board of school examiners.) 9 PAGES. School funds: (See Moneys.) School houses: appendages to, director to provide 92, 93 board to provide 44 bonds may be issued to build 99 limitations of indebted- ness for building loO site for, to be purchased or leased 44, 102 tax for building 36, 100 School oflQcers: in primary districts, how elected 41 must be chosen by ballot. 41 pluraUty vote does not elect 41 School year: when to commence 30 Sites for school houses: board to purchase or lease 36, 44 bonds issued for purchase of-.., 37, 99 compensation for, how de- termined in cei-tain cases 103 location of 36, 102 notice of meeting to change 33 tax for 36 Specific state taxes: how applied, con. prov., art. xiv 10 State board of education: constitutional provisions for, art. xiii 9 have care of state normals 14 examine and approve text- books in physiology 15 grant certificates to grad- uates of certain colleges 15 grant diplomas to grad- uates of State normals. 15 indorse certificates grant- ed in other states 15, 63 maintain school at State normal 15 prescribe course of study for normal schools 14 term of office and salary of members 14 State certificates: when granted by State board of education 16 130 SCHOOL LAW PAGES. State certi&eates— Continued : granted in other states, in- dorsed by state board.. 15 granted to graduates of State normal schools.. 15 granted to graduates of certain colleges 15 State institutions of educa- tional character: to be visited by supt. of public instruction 11 State normal schools: to be under care of State board of education, con. prov., art. xiii 9 diplomas and certificates to graduates.. 15 training school in 15 State teachers' institute: to be held annually 66 State university: supervision of, con. prov., art. xiii 9 Studies: to be prescribed 105 Suits : and judgments against district 37, 101 assessor to appear for dis- trict 101 jurisdiction of justices in. 101 on assessor's bond 54 summons in, served on assessor 101 when moderator may ap- pear in, for district 55 Supt. of Public Instruction: appointments made by, may be revoked 11 duties of, con. prov., art. xiii 7 duties of, relative to ap- portionment of primary school moneys, con. prov., art. xiii 7 election and term of office of, con. prov., art. viii... 7 office of, where located, con. prov., art. viii 7 salary of 11 to appoint boards of vis- itors 14 to appoint conductors of teachers' institutes 14 to appoint deputy super- intendent 11 PAGES. Supt. of Public Instruction— Core.,- to approve first grade cer- tificates 13, 57 to be a member and sec- retary of State board of education 9 to be a member of State board of geological sur- vey -- 14 to dehver official books, etc., to successor 14 to have general supervi- sion of public instruction 11 to hold county teachers' institute annually 14 tb make annual report to governor 11 to meet with governing board of each educa- tional institution 11 to prepare all examina- tion questions 13, 58 to prescribe rules for boards of school exam- iners 13 to publish and transmit laws and forms to officers 12 to sead examination ques- tions to examiners. ?3 to visit State institutions. 11 vacancy in office, how filled, con. prov. , art. viii. 7 Superviser: liable for not assessing taxes 97 to assess jndgment against school district 102 to assess one-mill tax 88 to assess tax for support of Ubraries. 85 to assess school tax 89 township clerk to certify taxes to 23 Surplus: of dog tax 89 of school moneys, how apportioned _ 89 Suspension; of pupils from school.. 46, 106 power of, may be dele- gated to teacher 103 rules for, must be reason- able 104 Taxes: amount for purchasing of building , 36, 100 OP MICHIGAN. 131 PAGES. T axes — Continued : district, how collect 89 estimated and reported by district board 43, 80 failing to be assessed, lev- ied next year 89 for books for indigent children 46 for school purposes 101 limit of, in certain cases. 36, 44 of a district, when di- vided, to be apportioned 28 one-mill, assessment, etc., of 88 one-mill, how surplus may be applied .37, 88 report of, by board to township clerk 44 report of, by township clerk to supervisor 80 specific, constitute a part of primary school fund, con. pro v., art. xiv 10 supervisor to assess 89 surplus dog, apportion- ment of 89 Teachers: allowed legal holidays 68 certificates, fees to be paid in obtaining 63 certificates, grades of and qualifications necessary 57 certificates, given by city board 60 certificatesgiven by coun- ty board of school exam- iners . 57 certificates, given by fac- ulty of university 62 certificates,givenby State board of education 62 certificates, revoked or suspended 60, 62 close school to attend in- stitute 64 contracts with.45, 48, 52, 56, 67 contracts valid, made pre- vious to annual meeting. 69 contracts with, necessary to entitle teacher to pay. 69 examination of, by county board of examiners 56 examination of, by State board of education 63 extent of authority 71 Jegal qualifications 56, 59 list of, to be furnished- -.18, 64 PAGES. Teachers— Continued : must be citizens of United States 59 must be of good moral character 59 to be furnished with copy of contract 68 to file certificate of in- struction in physiology, with director 46 to keep school register... 68 Teachers' associations: formation and incorpora- tion of 67 Teachers' institutes: aid from State treasurer.. 66 arranged by State supt..l4. 64 conductor of 65 counties may be united in. 65 expenses of, how paid 65 funds for support of, how raised 64 State institute, to be held annually 66 State institute, expenses p aid from State tre asury 66 vouchers for expenses 66 where held 64 Term of office: of district officers 41, 42, 49 of members of board of school examiners 20 of members of State board of education, con. prov., art. xiii 9 of regents of the univer- sity, con. prov., art. xiii. . 9 of supt. of public instruc- tion, con. prov. , art. viii . . 7 of township officers 21 Text-books : free, adoption of, by dis- trict 77 free, board contract with dealer 79 free, board estimate amount necessary to purchase 80 free, board incur penalty for failure to comply with law 80 free, board purchase when authorized 47, 78 free, loaned to pupils 79 free, property of district.. 79 132 SCHOOL LAW PAGES. Text-books— Continued : on physiology and hygiene, approved hy State board of education 15, 78 to be furnished to indigent children 46, 77 to be prescribed by dis- trict board 45 Township board of education: (See Board of Education in township districts.) Township board of school in- spectors: chairman and clerk of 21 chairman to be treasurer of , and give bond- 21 charge of schools 21 duties of, in forming new districts 26-30 number of meetings of 22 penalty for neglect to qualify or perform duties. 96 powers and duties of 21 reports to be made in triplicate 22 reports, full financial 22 when, may appoint officers 47 when, to constitute board. 21 Township clerk : a member and clerk of board of inspectors 23 clerk of townsMp board of education 23 duties of 23 election and term of office 21 to apportion moneys to districts 23 to be furnished with a list of teachers 52 to give notice of formation of new district 28 to keep records, reports, etc., on file 52, 84 to prepare map of town- ship showing districts... 23 to receive reports and communic ations 23 to transmit chairman's address 23 Township district: how organized 30 Township treasurer: duties in relation to frac- tional districts 90 PAGES Township tTe&snreT—Contmiied: warrants on, to be signed by director and modera- tor 80 Training school at normal : maintained by State board of education 15 Treasurer of board of school inspectors: (See Chairman of board of school inspectors.) Treasurer of district: (See Assessor.) Truants: sent to reformatory 75 tried by justice or re- corder 75 ungraded schools provided for 74 who shall be deemed 74 Truant officers : compensation and duties of 72 when appointed 72 Trustees : election of 39,49 (See board of trustees.) Tuition : of non-resident pupils 46, 48, 90 Transportation 37, 105 Ungraded schools : j uvenile disorderly persons to be sent to 74 University of Michigan : constitutional provisions, art. xiii 8,9 diplomas and certificates to graduates 63 United States flag: (See Flag.) Vacancy: in district offices, how oc- casioned and filled 42, 43 in office of regent, con. pro v., art. xiii 8 in offie of supt. of public instruction, con. pro v., art. viii 7 Visiting boards : appointed by supt. of pub- lic instruction 14 Voters : challenge of 40 in graded districts, elec- tion of trustees 39 OF MICHIGAN. 133 PAGES. Voters — Continued : in primary districts, ap- point chairman 35 in township districts, who arequalifled 38, 39 limitations of authority. .. 91 powers of, at district meet- ings 35-39 Voting : in regard to 104 Vouchers : for payments at teachers' institute 66 PAGES. Warrants: of director upon treasurer 80 on State treasurer for primary school interest fund 12, 13 Women: barred from voting 38 eligible to election to dis- trict offices 42 eligible to election to office of commissioner — 17 eUgible to election to office of school inspector 81 qualified as voters at dis- trict meetings 38 I NOV 18 1908 •*< \.<^' -r V' s- ■'<^K .&^ ,!:,!,?f!'^'^Y OF CONGRESS 020 312 102 7