«*;. A. A. jftr At Ai Ar At A ArjAr jAu jAc Aulh ]& At. 4luAc.AA. An.Air. Air. Air. AA Ar Ac Ac. Ac Ai ^ Act No. 81. In Relation to Free Public Schools, and to Regulate Public Education in the State of Louisiana. ADOPTED SESSION OF 1888. bjH mpit jutyjif jiipirMpi ■xyfr-Bfjft-iqjL ffljjpr -fft xfjpr HffL upr -aqgpc jqjjn jqja: jngyit ingui -Jiflypt J»|||i[ Jugiir. jigurTiijjijtt- -je^pr jsgH ■■ggt-^/r-i^-ayfc-s^fT^fCtf^ / nsfer 33 \> V * i i /• 1 i„ then 1 enforcement. such directions as it may see proper as to the branches ot stuuy which shall be taught. The State Board shall strictly enforce a uniformity of text books in all the public schools, and shall adopt a list thereof, which shall remain unchanged for four Textbooks: their years after such adoption. For satisfactory reasons shown to "^"a m * * y "** said board, it may change said list or adopt a list generally preferred by teachers and parents in certain localities, main- [2] taining as far as possible a uniformity of text books and with- out placing parents and guardians to further expense. The adoption of such list and apparatus shall be by contract to the lowest bidder, subject to the change aforesaid, and to the best advantage as to cost to pupils. Sec. 4. Be it jurther enacted, etc., That the State Board of Additional reports Education may require reports to be made by the parish super- teiKient* superm " intendent whenever the interest of the common schools indicate the necessity of other reports than now required. Sec. 5. Be it further enacted, etc., That the term of office of Term of office of the members of the parish school boards and of the parish boardi8 ei an d parish superintendents shall be four years from the time of their superintendents; appoiutment. If a vacancy occurs, the unexpired term shall be of office 6 " a s filled as hereinbefore provided. These officers shall take the usual oath of office, which oath shall be filed in the office of the State Superintendent of Public Education. ^ Sec. 6. Be it further enacted, etc., That the several s^wtl The several school boards are constituted bodies corporate, with power to sue spad Jorafe 8 hodies c ° r ' be sued > under the name and style of the " Parish Board $f Directors of the parish of ," as the case may be. Cita^ tions shall be served on the president of the board. ^ The resident and Sec. 7. Be it further enacted, etc., That the parish board of 8ecre°tary S and aux directors shall elect from their number a president. They shall teeF visitina tru8 ' elect or appoint a parish superintendent, who shall be ex-ofiicio secretary of the board. They are authorized, in their discre- tion, to appoint auxiliary visiting trustees for each ward or school district, or school in the parish ; such trustees to make quarterly reports to the parish board of the actual condition of, and shall make needful suggestions in all matters relating to the schools they have in charge as trustee. The parish board Duties of the di of directors shall report to the State Board of Education all bonds' ° f pai ' i8h deficiencies in the schools, or neglect of duty on the part of teachers, superintendent, or other officer. They shall visit and examine the schools in the several school districts of the parish, from time to time, and they shall meet and advise with the trustees when occasion requires (if auxiliary trustees be School funds; appointed by the board of the parish). They shall apportion how apportioned, the school fund to the several districts in the parish in propor- tion to the number of persons in the district between the ages of six and eighteen years, and shall determine the number of schools to be opened, the location of the school-houses, the number of teachers to be employed, their salary ; and the said school board is entrusted with seeing that the provisions of the law are complied with. They shall make such rules and by- laws for their own government (not inconsistent with the law) as they may deem proper. The regular meeting of each parish board shall be held on the first Saturdav of January, April, July and October, and it may hold such special and adjourned meetings as the board may determine, or as occasion may require. Each member shall receive payment for his attendance at school board meetings, when the board shall hold regular sessions on the days before mentioned ; provided, that the amount be not fixed by the said board at more than two dollars » per diem, and provided that the whole amount expended annually shall not exceed one hundred dollars. The school [3] boards shall exercise proper vigilance iu securing for the schools of the parish all funds destined for the support of the schools, including the State fund apportioned thereto, the poll tax School houaes: collectible, and all other funds. They shall keep a record of Spai re erectaon Md all their transactions and proceedings The school boards may receive land by purchase or donation, for the purpose of erect- ing a school-house, provide for and secure the erection of same, construct such outbuildings and euclosures as shall be conducive to the protection of the property, make repairs and provide the necessary furuiture and apparatus. All contracts for improve- ments shall be to the lowest responsible bidder, the board reserving the right to reject aoy aud all bids. They shall have power to recover for any damages that may be done the property in their charge ; they may, by a two-third vote of the whole board, after due notice, change the location of the school- house, sell or dispose of the old site, aud use the proceeds thereof towards procuring a new one. Sec. 8. Be it further enacted, etc., For sufficient cause, the Removals of par parish board of school directors may remove the parish super- i*i> superintendents intendent, subject to an appeal to the State Board of Education, and tl,e,r a PP eaK ♦provided this appeal be taken within ten days after his dis- missal. The appeal shall not have the effect of suspending the board's action of dismissal during its pendency, but the parish superintendent shall be reinstated if the State Board of Education decides that he was dismissed without cause, and reverses the decision of the parish school board. Sec. 9. Be it further enacted, etc., That the district attorney of the district, or any other attorney selected by the board, JPSJaras! ° f par shall act as counsel for the parish board. Sec. 10. Be it further enacted, etc., That the parish school board shall have the authority to establish graded schools, and an a' a ll^ h C s"hm r .is 1 to adopt such a system in that connection as may be necessary ami ordinances for to assure their success ; central or high schools may be estab- the,r,stabli8,,, " ent - lished when necessary. The ordinances establishing such schools adopted by the parish school boards shall be submitted to the State Board of Education, and no high school shall be opened without its sanction, and no such school shall be estab- lished uuless the amount be donated for the site and suitable buildings are provided for without any expense out of the school fund ; provided, that the board of directors of the parish of Orleans shall not require the sanction of the State Board for the purposes aforesaid. The school boards shall have the authority to assess and collect one dollar per annum on each how provided 3 . a ™ ; family, surviving parent or guardian, who actually sends a child or children to the common schools of the district, to be collected iu such manner as said board shall determine, which amount shall be used in providing the school-house with fuel, and defraying the expenses necessary for the comfort of the school. Sec. 11. Be it further enacted, etc., That it shall be the duty of the parish board with the parish superintendent to divide Scnool districts; the parish into school districts of such proper and convenient how created, area and shape as will best accommodate the children of the parish. The parish boards shall, as soon as practicable, pro- ceed to the work imposed upon them, and upon completing this [4] work, they shall make a report to the parish superintendent, which report shall contain the boundary and description of the said district designated by number. The parish superintendent shall record the same in a well bound book, kept by him for the purpose, which book shall be held by said parish superintend- ent, and be at all times open to inspection. The parish board, if they deem it to the best interests of the schools, may divide the parish into districts without reference to the wards in the parish. Sec. 12. Be it further enacted, etc., That the parish superin- school districts in tendent of two adjoining parishes, where the division line in- two adioimug par- . , , • *', , , ' . . , ishes; how laid out, tersects a neighborhood whose convenience requires it, may lay off a district composed of parts of both the parishes such dis- tricts shall be reported, together with the census of school chil- dren only as belonging to the parish in which the school-house may be situated, by the parish superintendent of the parish j and report shall be made by the assessor and parish superin- tendent as though it lay entirely in the parish. Sec. 13. Be it further enacted, etc., That where two school Option of school districts adjoin, it shall be lawful for the children in either of adjoining* 1 ! ch o Z°i t ne sa ^ adjoiuing districts to be taught in and at such school- * district*. house as shall be most convenient to them ; provided, that their tuition fees shall be paid to the district in which they are taught, and that no change be made without the assent of the school boards of the respective parishes. Sec. 14. Be it further enacted, etc., That the branches of or- ■hSiWteugt? fn thography, reading, writing, arithmetic, geography, grammar, every district, and United States history, and laws of health, shall be taught in ilsh hfthose r iocaii- every district. In addition to those, such other branches as the ties where French state board of education and the parish school board may re- lansjuage predonn- . -i-it i ' i . i i ii nates. quire ; provided, that these elementary branches may be also taught in the French language iu those parishes in the State or localities in said parishes where the French languaged redonii- nates, if no additional expense is incurred. DUTIES OF OFFICERS. Duties and pow- Sec. 15. Be it further enacted, etc., That the president shall IT parish P 8ch d o e oi preside at the meetings of the board, call special meetings when hoards/ necessary, advise with and assist the parish superintendent in promoting the success of the schools, and generally do and per- form all other acts and duties pertaining to his office of presi- dent of the board. All deeds and contracts for the schools, in- cluding those with teachers, are to be sigued by him ; the latter also by the parish superintendent. SECRETARY. of the secretary. The secretary shall keep full minutes of all proceedings of the board in a book provided for the purpose, and shall do and per- form all other acts and duties legally pertaining to the office of secretary of the board. STATE SUPERINTENDENT OF PUBLIC EDUCATION. * office for the state Sec. 16- Be it further enacted, etc., That an office shall be superintendent, and provided for the State Superintendent of Public Education at the therein. a e led seat of government, in which he shall file, each year separately, all papers, reports and public documents transmitted to him by [5] the board and officers whose duty it is to report to him, and hold the same in readiness to be examined by the Governor whenever he sees proper, and by any committee appointed by the General Assembly ; and he shall cause to be kept a record of all matters appertaining to his office. In case of vacancy in the office of Superintendent of Public Education, the Governor aajj^swle Jg shall fill the vacancy and submit the name of the appointee to perintendent; how the Senate for its confirmation at the first session held after the filled ' appointment. Sec 17. Be it further enacted, etc., That the salary of the Superintendent of Public Education shall be two thousand dol- pe^tradentToffice lars per annum, besides which he shall be entitled to office fix- fixtures. stationery, tures, stationery, books, fuel and lights, needed to carry on the Se^amVporter. 114 work of his office. He shall have the authority to appoint a olerk and a porter, and prescribe the duties of each ; provided, that the entire expenses of his office, including salaries, postage and incidentals, shall not exceed the specific appropriation therefor, payable in monthly installments, out of the current school fund, by the Treasurer of the State, upon the warrants of the State Superintendent. Sec. 18. Be it further enacted, etc., That the State Superin- tendent of Public Education shall have general supervision of all boards of education, and of all common, high and normal supervisory du- schools of the State, and shall see that the school system is car- p^tendenl!?* 6 BU " ried into effect properly. He shall visit the several parishes of the State whenever practicable, at least once a .year, and shall give due notice of the time of his intended visit to the parish superintendent, whose duty it shall be to meet and confer with the State Superintendent on all matters connected with tlie in- terest of the common schools of the parish ; while engaged in this duty, his actual expenses shall be paid out of the current school fund, but shall not in any case exceed the amount appro- priated per annum for the purpose. Sec. 19. Be it further enacted, etc., That he shall keep an account of all orders drawn or countersigned by him on the what account he Auditor, of all returns of settlements, and make note of all shall specially keep, changes, in the appointment of school treasurers ; whenever re- quired any part of this account -or note of change shall be fur nished by the Auditor. Sec. 20. Be it further enacted, etc., That he shall biennially, on or before the meeting of the General Assembly, make a re- ^st"^ "uperi^ port of the condition and progress made and possible improve- tendent and what it ments to be made in the common schools; the amount and condi- n umber of ta co P ie8 n to tion of the school funds; how its revenues, during the two pre- be printed and dis- vious school years, have been distributed; the amount collected changed? and disbursed for common school purposes from local taxation •or from any other source of revenue, and how the same was ex- pended. This report shall contain an abstract of the parish and city superintendents' reports. He shall communicate all facts, sta- tistics and information as are of interest to the common schools. He shall cause to be printed a copy for each school district in ithe State, two hundred copies for the use of the members of the iLegislature, and to exchange with the superintendents of public instruction of other States, and three hundred copies for distri- bution by the superintendent. [6] Sec. 21. Be it further enacted, etc., That the superintendent in his report shall set forth the objects, make suggestions which uiauf required alft'i mav be * interest and promote the success of the institution of the institution of the blind and the deaf and dumb. The superintendents of these dumbl ilKl ' deat au<1 institutions shall annually, by the first day of March, furnish the State Superintendent of Public Education such statements of their respective institutions as may be necessary to enable him to make a full and satisfactory report. Sec. 22. Be it further enacted, etc., That certified copies of his reTOrds C and pa- record and papers in his office shall in all cases be evidence as pers admissible evi- admissible as the original. Sec. 23. Be it further enacted, etc., That it is made part of aii™e i^cfs*of 1m n ^ s duty to report all neglect of duty or any improper uses made and improper uses of school funds to the State board of education whenever it may of school funds. come tQ his k now i e( ]g e . Sec. 24, Be it further enacted, etc., That the State superin- intendent to decide tendent shall decide all controversies or disputes that may and\us^itesamon* ar ise or exist among the directors, or between the superin- the diiectors, su° tendents and the board, and between the superintendents and te e a«heM d subject n to teachers concerning their respective duties. The facts of appeal to the state these controversies or disputes shall be made known to him by he a p d 'o a f Attorney written statements by the parties thereto, verified by oath or Genera^ when he a ffl rm ation, if required, and accompanied by certified copies of all necessary minutes, contracts, orders or other documents. An appeal may be taken from his decision to the board of education* provided it be taken within fifteen days after his decision shall have been made. When called upon by the superintendent of public education, the attorney general shall give his opinion in regard to any controversy or dispute. The superintendent of public education shall, whenever required, give advice, explana- tions, constructions or iniormation to the district officers and superintendents and to citizens relative to the common school law; the duties of common school officers ; the right and duties- of parents, guardians, pupils and all officers : the management of the schools, and all other questions calculated to promote the cause of education. PARISH SUPERINTENDENT. Sec. 25. Be it further enacted, etc.. That there shall be a parish sahir^o^^rfih'l"! 1 superintendent in each of the parishes of the State, the parish perintendents. of Orleans excepted, who shall be possessed of moral character and ability to manage the common school interest of the parish. He shall be of age. His salary shall not be more than two hun- dred dollars per annum for his services as superintendent and secretary as herein provided. Sec. 26. Be it further enacted, etc., That he shall during the Their visiting du- ye ar visit, once at least, each district school in the parish, and he shall exert his best endeavors in promoting the cause of com- mon school education. Sec. 27. Be it further enacted, etc., Whenever his services Additional com- are quite efficient and highly satisfactory to the school board, it supCT^enfTenTs- is authorized in its discretion to allow an amount sufficient to when allowable. t j ie parish superintendent to defray his expenses in visiting all the schools in his parish. The amount allowed shall never ex- ceed one huudred and twenty-five dollars per annum. Prior to any payment for expenses in visiting the schools, he shall make I 7] a written report respecting the condition of each school exam- ined, and shall make it appear that he has devoted at least three hours in examining each school visiter'. The school board is also authorized to defray his expenses to attend annually the convention of superintendents. Sec. 28. Be it further enacted, etc.. That the president of the school board and* a member appointed by the board, also the seuSn^^dL* parish superintendent, shall constitute a committee, and shall era, how constita- as such appoint the teachers of the common schools for his par- tet ' ish, and till vacancies in the order of merit as hereinafter pro vided. At the first meeting of the board after the appointment, it shall be noted in each instance in the minutes of its proceed ings. Sec. 2!*. Be it further enacted, etc., That it shall be the duty Roport of s( . hool of each parish superintendent, on or before the 10th day of Jan- children in each uary of each year, to cause to be placed in the hands of the State SSSmS*^ wffij superintendent of public education a report showing the number r " be made, of children between the ages of six and eighteen years, residing in the parish, and the whole number residing in each district designated by its number. He shall take the items of his re- port Iron, the assessor's returns showing the said number of children, but he shall assure himself of its correctness, aud so attest before a competent officer. Sec. .'10. Be it further enacted, etc., That he shall, previously Annual reports of to the fifteenth day of January, mail to the State Superintend- §»™ h w ^"2ato ent of Public Education his official report, showing in tables an whom' made,- what aggregate of the school districts in his parish by number, the anofpe^aiiyfOTfaa- districts in which schools were taught and the length of time ure '" neglect to taught, the highest, the lowest and the average number of chil- mB dren at school, the cost of tuition of each child for the session and per month, number of private schools, academies and col- leges taught in the parish, and the length of session of same ; the number of teachers employed, male and female, for the common schools, the average wages of male teachers, female teachers, the amount of money raised for school purposes in the parish by local tax or otherwise, and for whose purpose it was disbursed ; the number and kind of school houses, and the value of each, the number built during the year preceding the report, the number of district libraries and the number of vol- umes in each, and the increase during the year, the amount re- ceived and expended, in case of his neglect or failure to make this report in time as required, he shall forfeit and pay the sum of twenty dollars of his annual salary. Sec. 31. Be it further enacted, etc., That each parish super- Their re ,. ( , rds of intendent shall keep a record of all the business transacted by business transac- him as parish superintendent, the names and numbers, and de- !?^Ljffd8£^ scription of school districts, and all other papers and documents and custody of pa- of value connected with his office, at all times subject to inspec- persa "' tion and examination by any school officer or other person in- terested in any question pertaining to the common school. Sec. 32. Be it further enacted, etc., That the parish superin- They may admin- tendent may administer the oath required of any of the officials i8tev «>« rta ™ oafcns - of the common schools, or of any person required to make oath in any matter relating thereto, except to qualify directors. [8] Keportaof teach- Sec. 33. Be it further enacted, etc., That he shall attend at era and others; his office, at the parish seat, on the first Saturday of January, be h receYvecL eie *° April, July and October, in each year, and at such other times as may be necessary for him to receive the reports of teachers and others, and to transact the business required of him. teachers' institute or association. Parish superin- Sec. 34. Be it further enacted, etc., The parish superintend- tendentstoWd m- eut may devote the first Saturday of each month, during the provemenTofteach- time the coiimioii schools are in session in the parish, to holding ers - institutes for the improvement of teachers in their qualifications and methods of teaching, and for the discussion of topics per- taining to the advancement of the public school interest in the parish. Attendance of the Sec. 35. Be it further enacted, etc., That the teachers shall be teachers obligatory uotified of the time and place of the monthly institute meeting. Teachers failing to be present, or to take such part in the ex- ercises as the superintendent may assign or designate, shall forfeit one day's salary (which forfeited salary shall be paid to the parish institute fund), unless a good and sufficient reason for such failure to attend shall be given in writing to the parish superintendent within ten days thereafter. No teacher shall be bound to attend the institute who to do so shall have to travel a greater distance than ten miles each way, and other- wise than by land. Sec. 36. Be it further enacted, etc., Three hours' work shall Length of legal be required to constitute a legal session of one institute, and fettuTfor d no°n r "- the parish superintendent shall forfeit five dollars for each in- attendance. stitute that he fails to conduct as required by this act, unless physically unable to attend, or for other sufficient excuse, to the satisfaction of the school board. Sec 37. Be it further enacted, etc., These institutes may re- Honorary and ac ceive as members, honorary or active, the members of the t/Jse institutes. ° * board, all officers, and any citizen of good moral character as may desire to become a member, subject to the rules and regu- lations, and to the payment of such dues and fines as may be imposed by a quorum of the said institutes. Sec. 38. Be it further enacted, etc., That each parish super- Roii of members, mtendent, upon the assembling of the teachers's institute of his parish, shall cause a roll of members to be prepared, which roll shall be called at least twice a day during the session of the institute, and all absentees shall be carefully marked. He shall ascertain the number of teachers who were in attendance, and length of time each attended, and he shall keep a record thereof. Sec. 39. Be it further enacted, etc., That the parish superin- ParocMai maua- tendent, before the beginning of the free school term, shall ap- thefr VaUflcations point one of the best qualified teachers of his parish as institute and duties. manager for each institute district, should there be more than one institute district in the parish ; and such appointees shall each be paid for actual services two dollars and a half per day out of the institute fund as compensation for holding institutes, and for assisting the superintendent during the session. Sec. 40. Be it further enacted, etc., That all institute funds ho 1 ^ coiiected^kept sna ^ be collected and receipted for by the superintendent. He and expended.' shall keep a record of the amount received, hand them over to [9] the treasurer of the school board, who shall keep a separate account of these funds. He shall pay them out on the warrant of the superintendent, countersigned by the president of the school board. These funds shall be expended only in the interest of the institutes. The superintendent, for all services in connection with these institutes, shall be paid three dollars a day out of said fund for each day he will cause the said insti- tute to hold, under his personal superintendence, and for each day's attendance as provided for in section thirty-four (34). Sec. 41. Be it further enacted, etc., The foregoing sections having reference to parish institutes shall not apply to the par- ionsVot api/iic^bfe ish of Orleans, but the school board of said parish may inaug- * othe parish of Or- ^ ~ leans. urate and carry on such institute in the manner and with the power and authority set forth above. Sec. 42. Beit further enacted, etc., That other institutes may institutes ordered be held when ordered by the State board of education or under by the state board; special laws ordering - such institutes to be held. These shall dej be held at any time ordered by authority between the first day of April and the first day of October. Every teacher of a com- mon school must attend the sessions upon penalty for non- attendance, and if satisfactory excuse has not been rendered to the parish superintendent of forfeiting two days' pay. Those sessions, i. e., those provided for by this session, shall not be held during a longer time than four days ; during which there shall be vacation of the common schools of the parishes, to give opportunities to the teachers to attend, and no reduction of the teacher's salary shall be made during said vacation, provided he was in attendance the full time of the session of the insti- tute. These institutes, held under this section, shall, as far as possible, be held in some town centrally located, and teachers from as many parishes as can conveniently attend shall be noti- fied to attend. This notice they shall obey, under the penalty, if not obeyed, before mentioned. That at each session of the institute every subject embraced in the common school cause shall be brought before the institute ; also, shall be considered the whole work of the teacher, and the common school laws of the State shall be read and expounded. Sec. 43. Be it further enacted, etc., That the parish superin- tendent, in his annual report to the State superintendent, shall obligatory reports state the time and place teachers' institutes were held ; the ^ te ^° tb ° 8e instl names of the persons conducting the same ; the number of per- sons registered as in attendance ; the sums collected ; the num- ber and names of teachers of common schools in the parish who did not attend the institute, and such other information of the proceedings and results of the institute as he may deem of value and interest. Sec. 44. Be it further enacted, etc., That it shall be the duty of the parish superintendent to conduct or superintend in per- Examination o f son the examination of all persons offering themselves as can- candidates for post- didates for position of teachers of the common schools of his whom and ho'wcon 7 parish (except in cities and towns organized as one district by ducted special act of the General Assembly ; except also, when the applicant holds a certificate entitling him to teach without fur- ther examination, as provided for in this act,) in regard to their moral character, learning and ability to teach. For any viola- [10 j . tion of this duty he shall be liable to a fine of not less than twenty dollars, nor more than fifty dollars. The school board of the parish shall appoint a committee of two competent per- sons to assist him (the parish superintendent) in making these examinations. The superintendent and the committee must agree as to competency of the applicant before a certificate can be issued. Whenever two or more teachers apply for the same position or positions, a competitive examination shall be held, and the position or positions shall be given to the most com- petent. EXAMINATION FEE. Prerequisite fee Sec. 45. Be it further enacted, etc., Before being examined exa^nnTttot test ° r each applicant for\i certificate to teach shall pay a fee of one dollar for the parish institute fund, which shall be returned to him if a certificate be not issued to him. Duties aud pow- Sec. 46. Be it further enacted, etc., Before the examiners rnd penaMes m fo S r shall commence their examination of teachers, they shall take malfeasance. an oath that they will faithfully discharge their duties ; they shall not give to any person a certificate before they will have examined the candidate, touching his or her qualifications and fitness to teach, and who is not qualified to teach as required by the common school law. They shall be satisfied that the appli- cant is possessed of good moral character ; if at any time the teacher be found incompetent, inefficient or unworthy of the endorsement given him, the parish superintendent may revoke the same and notify the board of his action for its approval or disapproval. Any teacher may be discharged at any time under the above provisions, but he shall be entitled to receive pay- ment for services only up to the time of such dismissal. GRADES OF CERTIFICATES. Sec. 47. Be it further enacted, etc., To obtain a third grade Qualifications for certificate the applicant must be found competent to teach a third grade cer- ,,. . . *■ c . . .... . A . . „ tmcate. spelling, reading, primary mental arithmetic, rudiments ot prac- tical arithmetic through fractions and simple interest, elemen- tary geography, primary language lessons and laws of health. Sec. 48. Be it further enacted, etc., To obtain a second grade grades". 1o1 sec ° nd certificate the applicant must be found competent to teach arithmetic, geography, Buglish grammar aud composition, United States history, elements of natural philosophy and ele- ments of physiology. Ditto for high Sec. 49. Be it further enacted, etc., To obtain a high school or school or first first grade certificate, the applicant must be found competent to teach elocution, spelling, grammar, rhetoric; and literature, his- tory, botany, philosophy, arithmetic, algebra, geography and geometry, and such other studies of high grade as local boards may deem necessary. A special certificate of this grade may issue on a satisfactory examination in the study or studies to be taugbt in any special academic department, which shall entitle the holder to special appointment in a department where such studies may be taught. Prerequisite of an Sec. 50. Be it further enacted, etc., That no person shall be annual license. appointed to teach who has not obtained a license for the schol- astic year in which the school its to be taught, and of a grade sufficiently high t«» meet the requirements of the school, or un- less he or she holds a certificate provided for by this act which [11] exempts him or her from examination ; provided, that all teach- Exception as to ers who have been teaching siuce three years are exempt from examination for ail .. , ..." *• l three' years teach- fnrther examination. evs. Sec. 51. Be it further enacted, etc., That it shall be the duty of each teacher of a common school to keep such a register of antmon^/reports the school as the parish superintendent may require, and prior ( "|!" eaca teacher to receiving his or her monthly salary at the end of each month, " he or she shall make a report of the entire number of pupils en- rolled, the highest, lowest and average number of pupils in at- tendance during the session ; the books used, branches taught, number of pay pupils, if any, and such other information as the parish superintendent may deem important, and shall fur- nish a copy of such report to the parish superintendent, and if he or she wilfully neglect or fail to do this, the parish superin- tendent shall withhold two dollars ($2) of his salary due, for the benefit of the parish institute. Sec. 52. Be it further enacted, etc.. That the teachers shall faithfully enforce iu school the course of study and the regula- pupurtoteachers? tions prescribed in pursuance of law, and if any teacher shall wilfully refuse or neglect to comply with such requisitions the parish superintendent, on petition or complaint which shall be deemed sufficient by the board may remove or dismiss him or her. Every teacher shall have the power and authority to hold every pupil to a strict accountability in school for any disorderly conduct on the play grounds of the school or during interims sion or recess, and to suspend from school any pupil for good cause ; provided, however, that such ^suspension shall be re- ported in writing as soon as practicable to the parish superin- tendent, whose decision of the case shall be final ; and, provided further, that iu the parish of Orleans the principals of schools shall suspend and report same to the superintendent for ap- proval or further action. REVENUE. Sec. 53. Be it further enacted, etc., That the State Superin- Uuai . teil , tendent of Public Education shall quarterly, on the first Mon- tionment of school day in March, June, September and December, in each year, funds- apportion the funds appropriated by the General Assembly for the support of the common schools of the State, among tire sev- eral parishes of the State, according to the number of children between the ages of six and eighteen years in each parish ; pro- vided, however, that all the poll tax collected in any parish shall be appropriated to said parish. The amount so appor- tioned shall be paid by the State Treasurer to the school Treas- urer of each parish upon the warrant of the State Superintend- ent of Public Education. Sec. 54. Be it further enacted, etc., That the police jurors of the several parishes, and the board of trustees, aldermen and boards Ce ot U uusu'«"s l legal representatives of cities, towns and villages (except the aldermen, and legal parish of Orleans), may levy for the support of the common ci£esf e to^s e and schools of their respective parishes not less than one and a hal f ^"f^o^orTeansI mills of the ten mills tax on the dollar of the assessed valuation of to levy one ami a the property thereof. This shall be provided for in their annual ™^ose^1ta S the?r budgets. On the refusal or neglect to levy said tax or to vote annual budgets. for such levy, the parish school board shall have the right, and it shall be its duty, to compel by mandamus, which may be [12] Compulsory pro tried in chambers or in open court, the levy of saM tax to be thefr D ilnure C or e re f col,ectpd as iu case of parish and corporation taxes, and shall fusai. be paid to the school treasury of the parish or town where col- lected, monthly, by the tax collector ; provided, towns not exempted under their charters from the payment of parish taxes, and subjected to the burden of taxation as the parishes are, shall not pay this tax, for same is i Deluded iu the taxes imposed by the parish in which the town is situated. _. , . ,. .. Sec. 55. Be it further enacted, etc., That all lines imposed by Fines and forfeit- , , i -> • , . n '.-,'. « , , , l J ed bonds applicable the several district courts for violation of law and the amount common schools. of collected on all forfeited bonds in criminal cases, after deduct- ing commissions, shall be paid over by the sheriff of the parish in which the same are imposed, and collected to the treasurers of the school boards iu said parishes, and shall be applied to the support of the common schools, as are applied the other funds levied for the purpose, the parish of Orleans excepted. SCHOOL TREASURER. The parish treas- Sec. 56. Be it further enacted, etc., That the parish treasurer nrer to be school in every parish (the parish of Orleaus excepted) shall be and is treasurer. constituted the treasurer of all school funds apportioned by the State to such parish, or raised, collected or donated therein for the support of the free public schools ; he shall receive and re- ceipt for all such funds to the treasurer of the State, and to the collector of parish taxes. His bond ae such: Sec. 57. Be it further enacted, etc., That immediately upon its obligations and the passage of this act, and thereafter before he enters upon the duties of his office, the parish treasurer of each parish who shall be elected after the passage of this act, shall, in addition to the bond required by existing law, execute a bond in favor of the Governor of the State, with good and solvent security, in a sum equal to the amount annually apportioned to the parish; the sureties on taid bond shall be residents of the parish, and shall own therein real estate worth over and above all incum- brance the amount of their obligations thereon ; said bond must be accepted by the president of the board of directors, and the clerk of the district court, who shall record the same in the mortgage book of the parish, and shall forward to the State Superintendent of Education and to the State Treasurer a copy of said bond with a certificate of its acceptance and registry endorsed thereon. Sec. 58. Be it further enacted, etc., That said treasurer, •chool funds? er ° immediately upon the acceptance of his bond, shall demand of his predecessor iu the office of the treasurer of the school funds, the custody of all books aud papers and of all balances of school mouey in his hand as custodian of the school funds of the parish. Sec. 59. Be it further enacted, etc., That said treasurer shall are disbursabie" 11 8 pay out the school funds intrusted to his charge only on war- rants drawn by the president and couutersigned by the secretary of the parish school board, aud shall state against what school district fund it was drawn, which warrants shall be drawn by these officers only in virtue of appropriations regularly made by the parish board ; the parish board shall make annually an estimate of the amount of revenue for the year, appropriating the same as above required, and no warrant beyond the amount L 13] estimated shnll be drawn for any year. These warrants shall Annual estimate he numbered and shall specify ou their face to whom and for of revenues. what they are given, and the date of the appropriation made by the school board; tbe treasurer shall pay these warrants only to tbe extent of the amount to the credit on his books and in tbe order in which they are presented, of school districts, in behalf of which the warrants shall have been drawn, and said warrants sball be filed in h ; s office as vonchers, and with the account book kept by him as treasurer of the school fund shall always be subject to examination by any one who chooses to examine them. SEC. 60. Be it further enacted, etc., That the compensation compensation of of the treasurer shall be a sum to be fixed by the State Board. the treasurer, of Education, for each parish, according to its territorial area and the amount of fund to be disbursed; but in no case shall it exceed two and a half per cent, on the amount disbursed by him as shown by his vouchers. Sec. 61. Be it further enacted, etc., That it shall be the duty Annual accounts of the treasurer to furnish to the parish board accounts of his blme^ents, 811 when receipts and disbursements as often as required by them, and required and h«»« before the 10th day of January annually he shall forward to m the State Superintendent of Public Education, in such form as he shall prescribe, a full report of his receipts and disburse- ments for the year, and of the balance on hand to the credit of each ward or school district, and the indebtedness outstanding on the first day of January ; provided, the foregoing sections do not apply to the treasurer of the board for the parish of Or- leans. CITY SCHOOLS. Sec. 62. Be it further enacted, etc., That all the public schools school board of of the parish of Orleans, and the property and appurtenances directors of the par- thereof, shall be under the direction and control of a board of constituted? 8 lerm directors. Said board shall consist of twenty members, eiffht , toffi(l ' : division of . . i n i i i j.i / i l i , .', 5i the members into oi whom shall be appointed by the (governor, by and with the classes; vacancies; consent and approval of the State board of education, and how tlll,<1 ' twelve members thereof shall be elected by the city council of New Oilcans. The members of said board shall hold office during four years after their appointment and election, except as hereinafter provided, and until their successors are appointed or elected and qualified. On the first organization of said board by the members thereof, who shall be appointed and elected on the passage hereof, and in the manner aforesaid, the members shall be divided into four classes, by such method as they may choose, each class to consist of three members elected by the city council, and two members appointed by the Governor, by and with the consent and approval of the State board of edu- cation, whose terms shall expire respectively in one, two, three and four years, and whose successors shall be elected and ap- pointed for four years, and in the manner set forth above; so that one-fourth of the membership of said board shall expire, and be elected and appointed annually. Vacancies in member- ship shall be filled by the appointive or elective power, as herein provided. [14] Sec. (>3. Be it further enacted, etc., That said board of said board, when directors of the public schools of the parish of Orleans shall be dutiLTndpowers! a body corporate in law, with power to sue and be sued. and its attorney. Eleven members shall constitute a quorum for the transaction of business. ' Legal process shall be served on the president ; in his absence or inability to act, on the vice president. The city attorney shall act as attorney for the board. The board shall be organized within ten days after its appointment,, with a president and vice president chosen from among its members, and a secretary, who shall not be a member of the board. The Salary and duties salary of the secretary shall not exceed the sum of eighteen of the secretary. h un d rec i dollars ($1800) per annum. In addition to the duties of his office, which may be fully prescribed by the board, he shall make a quarterly report to the State Superintendent of Education of the cost of maintaining the city schools, and shall keep the accounts of said board in such manner as to be in strict accordance with such budget as they may adopt, certify- ing to said board at each monthly meeting the expenses of said board for each current month. Said board shall have control of all buildings, records, papers, furniture and property of any kind pertaining to the administration of the schools, and shall have the management of all the public schools within the limits Limitation of ex 0I the c i*y °^ ^ ew Orleans. The expenses of said board for its penses as to sta- stationery and other purposes shall not exceed twelve hundred dollars per annum, this limitation not to apply to the schools or teachers, but simply to the expenses of the board. The salary of the secretary shall be paid in the same manner as hereinafter provided for the payment of the salary of the superintendent. Additionaipowers Sec. 64. Be it further enacted, etc., That in addition to the rfctorsofthep°arish powers and duties hereinbefore granted to and imposed upon of oneans. parish boards, the powers and duties of said board of directors of the parish of Orleans shall be as follows : Th e adjustment First. It shall adjust and fix equitably the salaries of teachers of the salaries of and porters or portresses employed in the schools, and of the aud C pOTtreL°eI ters secretary and employees and of such assistant superintendents as it may deem necessary for an efficient supervision of the schools. Limitation of an Second. It shall limit the annual expenses of maintaining the nuai and monthly schools to the annual revenue, and the expense for any one expenditures. month shall not exceed the one-ninth part of the whole amount provided for the schools. Third. It sball prescribe rules for subjecting teachers, or can- itive l examinaSons ( lidates for teacherships, to a careful competitive examination on all such branches as they are expected to teach, and no person shall be elected to a position as teacher without a favor- able report on his or her moral and mental qualifications by an organized committee of examiners appointed by the board. Teachers regularly examined and elected shall not be removed from the schools during the time for which employed, except on written charges of immorality, neglect of duty, incompetency or malfeasance, of which he or she shall have been found guilty by majority of the members of the board, at a regular monthly meeting. The said board may except from such examination any person who has passed a satisfactory examination, as required by Act No. 23 of eighteen hundred and seventy-seven, [15] approved March twenty-sixth (26th), eighteen hundred and seventy-seven (1877). and who holds a certificate of qualifica- tion, and who has had two years or more experience as a teacher, so that the calling of a teacher shall be elevated to a profession, and that a system of life certificates shall be issued to all such teachers iu the city of New Orleans by the board, of directors of city schools; any persou who is a graduate of a State normal school, or of any college or university duly author- ized to confer degrees, certificates of qualifications shall be given to all persons who successfully pass such examination. Fourth. It shall elect all teachers from among the candidates ,. holding certificates in the order of their merit, as shown by are from°among can- such examination, including graduates of normal schools, as l^ Uu, ' s hol< V n "':. er ' i i .li li . i ..-.., ,. ' tihcates and gradu shown by the averages attained at their final examinations, or »tes of normal from among persons excepted from examination as hereinbe- st ' h " ols - fore provided. Fifth. All certificates to teachers granted hereafter, shall Certificates to stand good for three years; upon a second examination at the thr^'ornvTVr'' end of three years certificates of a higher grade shall be given, to be good for five years, if the applicant is found competent to teach a higher grade school than the one for which the first certificate issued. Sixth. It shall hold regular monthly meetings, on a day Regular mouthy fixed by it. ' meetings. Seventh. It shall declare vacant the position of any of its members who shall have failed to perform the duties assigned to him, or have absented himself from two successive monthly Va ^ atin s seats ot ,. ' n .1 i i -,i , , i , .. * momber.s or board meetings of the board without leave, or have been guilty of any for absence from breach of decorum, or of any other act inconsistent with ..the ££&££? Va I Vor dignity of a school director; and it shall report each vacancy othet causes. to the body by which the delinquent member shall have been previously elected or appointed ; it shall be the duty of the board of directors of city schools elected and appointed under the provisions of this act to examine and scrutinize personally the accounts of their predecessors in order to find out if their administration of the school funds, committed to their charge for disbursement, has been in accordance with law, so that in the future a proper administration of the city schools may be had. Eighth. It may establish, when practicable, evening or night „„ „„-u i j? ^.l • n i .li ° , -. , The establishment schools tor the instruction of such youths as are prevented by of evening and their daily vocations from receiving instructions during the day. night 8CB0018 - Ninth. It may establish, when deemed advisable, one or more normal schools or departments for the professional training aud ?j£ B e S? m 5S£ improvement of candidates for teacherships, including, iu the »»*i schools, and the course of instruction and training, lectures in the natural ^^ ation " f theU: sciences, and on the method of teaching and disciplining chil- dren, aud the practical exercise of non-teaching students in model classes organized for that purpose by the faculty of the institution. To graduates of these normal schools or depart- ments, and also to proficient students in other city schools of an academic grade, the board may, iu its discretion, award diplomas ; and the graduates of the normal schools or depart- ments who shall have been examined aud found profiicent in all the branches required to be taught in the public grammar his duties and pow- [16] schools, may be deemed preferred candidates for vacant posi- tions in the city public schools, and the diplomas awarded to such graduates shall be deemed equivalent to teaching certifi- cates of the highest grade for common schools; provided, that the final examinations for graduation from said normal schools, and upon which diplomas may be awarded, shall be conducted in the same manner and include the same subjects as the public competitive examinations required by paragraph three (3) of this section. Sec. 65. Be it further enacted, etc., That no school director au^wabiT^T^ew °^ tue G ^ °^ ^ ew Orleans shall receive compensation for his Orleans school di- services as a school director. Sec. 06. Be it further enacted, etc., That the said board is superintendent tor authorized to appoint for the constant supervision and periodi- parish of Orleans; cal examination of the public schools of the parish of Orleans, a competent and experienced educator to be designated as su- perintendent. He shall aid the directors in organizing the schools and in improving the methods of instruction therein, in examining candidates for teacherships, and in conducting peri- odical examinations of pupils for promotion through the re- spective grades of the schools, and in maintaining general uni- formity and discipline in the management of all the schools- He shall make semi-annual reports on the condition and needs of, the schools, to the said board, and an annual report, on or before the first of January, to the State board of education, as herein- before required ; and, whenever notified to be present, he shall attend meetings of the State board of education. The superin- tendent shall receive an annual salary of two thousand dollars, payable in equal monthly installments, payable on the roll of the board of directors of city schools in the same manner and at the same time that the employees and expenses of said board of directors are paid. He shall hold his office for the term of four temTof office?' ' "* years, subject to removal by the board for neglect of duty or malfeasance, of which, after an impartial hearing by the board, he shall have been adjudged guilty. He shall be ex-officio a member of said board and entitled to participate in its delibera- tions and debates, and in the examinations of candidates for teacherships, but he shall not cast a vote in the board. Sec. 67. Be it further enacted, etc., That the Treasurer of His salary and The treasurer of New Orleans ex- New Orleans shall ex-officio be the treasurer of said board, and th^hoardfhishond shall receive all funds apportioned by the State to such city, or and tiling thereof, received or collected for the support of the free public schools from any and all sources. He shall give bond, with good and solvent security, in the sum of ten thousand dollars ($10,000), in favor of the president of said board and his successors in office, to be accepted and approved by said board and recorded in the mortgage office of the parish, and which bond shall then be filed and kept on record in the office of the said board. The filing of said bond and taking and filing the usual oath of office before any officer authorized to administer the same, shall qualify the treasurer to act. Sec. 68. Be it further enacted, etc., That said treasurer shall removai ra and°eiec- hold his office for four years, or during his term of office as saiar°' f a S1icces80r; City Treasurer, unless sooner removed after due trial and hear- ing by the said board, for neglect of duty or malfeasance in [ 17] office ; and in case of removal by the board, it shall elect a treasurer who shall not be a member. He shall receive the sum of six hundred dollars per annum for the trouble and expenses which may be incurred by him in the discharge of the duties imposed under this act, payable monthly on his own warrant, as hereinbefore provided for the payment of tbe superintendent's salary. He shall keep his office open at all such times as may be prescribed by said board, for the payment of pay-rolls or checks in favor of teachers and other employees of the board. Sec. 69. Be it further enacted, etc., That the Mayor, Treas- Exofficio mem urer and Comptroller of the city of New Orleans shall be ex- {j^. d of city sch ° o1 officio members of the said board and entitled to take part in all the debates and deliberations in said board on the ways and means for maintaining the public schools of said parish, but they shall not have the right to vote. Sec. 70. Be it further enacted, etc., That in addition to the . , t .. , . . , J . , ,.,,",. , , i, i , Annual report ot duties imposed upon boards or school directors,, it shall be the the board; when duty of said board for the parish of Orleans to present to the and wh^tTtThau Common Council, of the city of New Orleans, on the first day of embrace. December, of each year, a full report of the condition of the city schools, showing the number of teachers and other em- ployees and their salaries ; the number and location of school- houses, with the condition thereof, and the estimated cost of keeping all appurtenant grounds in good repair during the en- suing year; also a detailed exhibit of all receipts and expendi- tures of the board for the schools during the previous twelve months ; said report shall be accompanied with a statement cer- tified by the officers of the board of the average daily attend- ance of pupils during the aunual session, and the average ex- pense per capita of their instruction. Sec. 71. &e it further enacted, etc., That it shall be the duty what city council of the common council of the city of New Orleans, in making up of the city of New their budget of annual expenses, to include therein the amount dude D for 8 the 1 'sup- necessary to meet the expenses of the schools, as shown by the port of the schools statement of the actual attendance and cost of instruction re- budget Tf U annual quired by the preceding section, with such additional allow- expenses. ance for probable increased attendance and contingent expenses as may seem just and reasonable to the city council, and to keep in good repair all school houses and school grounds be- longing to the city ; provided, that the sum appropriated with the probable receipts from the State school fund and poll tax, shall not exceed aggregate amount required for the main- tenance of the schools during the year, and for the keeping in good repair all school houses and school grounds belonging to the city, as shown by the statement of the school board ; and, provided further, that the amount to be appropriated by said city shall not be less than the sum of two hundred and fifty thousand dollars ; of said amount so to be appropriated by said city council, not less than the sum of one hundred and seventy- five thousand dollars shall be provided for in the annual city budget of expenditures, and the balance out of the reserve fund of twenty per cent., constituted by Section 66 of Act No. twenty, approved June twenty -third, eighteen hundred and eighty- two, and by act No. one hundred and nine, of eighteen hundred and eighty-six, and said balance is hereby constituted a first lien [IS] and claim against said reserve fund, and shall be paid out of the first collection made on account of the same and by prefer- ence over all claims whatsoever ; provided further, that out of the amount so appropriated by said city, said board of directors shall, in the year eighteen hundred and eighty-nine (1889) and annually for five years thereafter, appropriate a sum sufficient to extinguish at least one-sixth of the unpaid claims against unpail^cia^mVof sa >^ board for the years eighteen hundred and eighty, eighteen i8so, i88i, 1882 and hundred and eighty-one, eighteen hundred and eighty-two and 1884 ' eighteen hundred and eighty -four, so that said claims shall be entirely paid by the beginning of the year eighteen hundred and ninety-five. The board of directors for the parish of Orleans are hereby authorized to enforce the provisions of this section b7 the application to a court of competent jurisdiction, by a writ of mandamus or other effective remedy. Sec. 72. Be it further enacted, etc., That for the purpose of foKiin^ 1S propOT r evi- affording proper evidence of said claims aforesaid (and for no dence of claims. other purpose whatsoever), said board shall issue certificates of indebtedness to an amount equal to the total amount of said claims and maturing in six equal installments on the first day of January, eighteen hundred and ninety, eighteen hundred and ninety-one, eighteen hundred and ninety- two, eighteen hundred and ninety-three, eighteen hundred and ninety-four and eighteen hundred and ninety-five. Sec. 73. Be it further enacted, etc., That the different boards Limitations as to of directors shall not be empowered to make contracts or debts contracts and debts. ^ Qr aQ y one year g rea £ er tla an the amount of revenue provided • for according to this act, it being the intent hereof that parties contracting with said board shall take heed that due revenue shall have been provided to satisfy tbe claim, otherwise they may lose and forfeit the same, and no action or execution shall be allowed in aid thereof, and that the board shall not exceed their powers in incurring the debt. Restraining and Sec. 74. Be it further enacted, etc., That this act shall go repealing clauses, j n to effect from and after its passage; and nothing in this act shall be so construed as to vacate tbe office of any teacher until the expiration of the term for which he or she shall have been appointed under existing laws, nor as requiring such persons now teaching in the public schools of the city ot New Orleans to qualify in accordance with this act, or to pass such examina- tions as are otherwise demanded by paragraph five of sectiou sixty-four, and that all laws in conflict with the provisions of this act be, and the same are hereby repealed, except acts passed at the present session of the General Assembly. S. P. HENRY, Speaker of the House of Eepresentatives. JAMES JEFFRIES, Lieutenant-Governor and President of the Senate. Approved July 12, 1888. FRANCIS T. NICHOLLS, Governor of the State of Louisiana. A true copy from the original : Jos. Gebelin, Assistant Secretary of State. Ij'BRARY^orcONGRESS^ 020 313 072 7