iRARY OF CONGRESS. Ciiap..L.^i!5 Copyright M, ShellLZiiiJ UNITED STATES OF AMERICA. SCHOOL LAW FOR Minnesota Teachers BY C. W. G. HYDE, Assistant State Superintendeyit of Public Instruction. V - ST. PAUL, MIHN. / ^ 1896. /^' Copyright 1896. BY C. W. G. Hyde. PREFACE. This little book is designed to give such informa- tion respecting the laws of Minnesota relating to the schools as must be possessed by eyery intelligent teacher. The exhaustive index at the end of the book will enable the learner to find readily any topic treated. Laws which haye no immediate relation to the teacher haye been omitted. Such are the laws re- lating to formation of new districts, change of boundaries, change of sites etc. The statutes of 1894 are referred to as authority in most cases where the law is stated, thus: (1894, § 3648.) In a few cases, the published yolume of laws for a giyen year is referred to thus: (1895, chapter 191.) The date of each ruling of the attor- ney general (A. G-.) and of the superintendent of pub- lic instruction (S. P. I.) is giyen, so that the rulings may be read entire by any so disposed and who haye access to them. ' TABLE OF CONTENTS. Chapter I. The Public Schools Section 1 » Chapter 11. State High Schools Section 22 Chapter III. The State University Section 27 Chapter IV. Teachers Section 29 Chapter V. Teachers' Certificates .... Section 42 Chapter VI. Education of Teachers . . .Section 52 Chapter VII. Free Text-Books Section 61 Chapter VIII. Libraries : Dictionaries . . Section 63 Chapter IX. School Funds Section 67 Chapter X. Miscellaneous Section 76 Index follows Chapter X. SCHOOL LAW MINNESOTA TEACHERS. CHAPTER I. THE PUBLIC SCHOOLS. 1. Defined. — All schools supported, Avholly or in part, by state school funds shall be st\ded the public schools, and admission to them shall be free and without charge to all persons between the ages of five and twenty-one years residing in the district. (1894, § 3648.) 2. Classes. — School districts are classified as: 1. Common school districts. 2. Independent school districts. 3. Special school districts. (Id., § 3649.) 3. Special Districts are those organized under special laws. In some communities the people wish to organize school districts in such a way as to confer special i)owers or impose special restrictions on the people or the school board, i. e., powers and restrict tions not found in the general school law. Until 1892 a special law might be passed by the legislature, proyiding for the organization and management of the schools of a particular city, yillage or com- munity. The city of St. Paul constitutes a special 6 INDEPENDENT DISTRICTS. school district, i. e., a district organized under a spe- cial law. The same is true of Minneapolis, Duluth and several other cities, as well as of a few smaller places, as Brown syille, Heron Lake etc. There are thirty-eight special districts in the state. It is im- possible to make a complete general statement of what the law is for special districts, as it varies for each district. The general school law applies, how- ever, in any given district when not inconsistent with the provisions of the special law. A constitutional amendment, adopted Nov. 8, 1892, prohibits the far- ther organization of special districts. 4. Independent Districts differ from special dis- tricts in being organized under a general law instead of special laws. They differ from common school districts mainly in being governed by a school board having greater power. In a common school district, the executive power is vested in a "Board of Trus- tees" having three members, while in an independent district it is vested in a "Board of Education" hav- ing six members. This board of education has cer- tain legislative powers also, which in a common school district belong either to the teacher, as the making of rules for government and instruction, or to the people, as the levying of taxes for the support of the school. Independent districts are usually found in the smaller cities and in villages and populous rural com- munities, as the law provides that no such district shall be organized with less than 500 inhabitants outside of an incorporated city, town or village. (1894, § 3790.) 5. The Board of Education in an independent district has six members, one of whom is chosen president, another clerk, and a third treasurer. The principal powers and duties of the board are: 1. To establish such grades of schools as they may deem expedient. BOARD OF EXAMINEES. 7 2. To provide rooms for school pur-poses; to pur- chase or erect schoolhouses and sites when author- ized by a vote of the district; to purchase apparatus, furniture, and fuel; to procure insurance and make ordinary repairs on district property. 3. To contract with, pay and discharge teachers. 4. To make rules for the organization, govern- ment and instruction of the schools, for the recep- tion, suspension, and discharge of pupils and for the protection of district property; to prescribe text- books and a course of study and to visit each school in the district not less than once in three months. 5. To vote taxes for paying the debts of the dis- trict and for the necessary expenses of the schools and to keep the schools in operation not less than twenty nor more than forty-four weeks in each year. (1894, §§ 3794, 3808.) 6. Superintendent. — The board of education in an independent district may elect a superintendent who shall hold his office during the pleasure of the board and' receive such compensation as shall be fixed by the board. He is ex-o£flcio a member of, but not entitled to vote with, the board. It is usual to employ as superintendent a teacher of eminent quali- fications, who deA'otes all or part of his time to the supervision of the schools, hearing some recitations if the number of teachers is small. The yearly sal- aries of superintendents in independent districts vary from |540 to |1,500. Sometimes a citizen of the district not a teacher is employed as superintend- ent at a nominal salary. (1894, § 3796.) 7. Board of Examiners. — The board of educa- tion is required to appoint three examiners, whose duty it is to examine persons proposing to teach in the district, and to issue certificates to them if found qualified. Such certificates are valid only in the district where issued. The county superintendent of schools may examine applicants and issue certifi- 8 INDEPENDENT DISTRICTS. cates at the request of the board of examiners, and such certificates are valid in the district only when countersigned by said board. The examiners may at any time annul such certificates, "and when so an- nulled and reported to the board of education the person holding the same shall be discharged as teacher." "To teach and draw money legally, the principal and all other teachers must hold certifi- cates." * * * (A. G., Oct. 15, 1884.) A state certificate or a normal school diploma, properly ap- proved or indorsed (see Chapter V., Teachers' Certifl- ^ cates) is a valid license to teach (that is, it legalizes a teacher's contract) in an independent as well as in a special or a common school district. A board of education may, however, decline to hire the holder of a state certificate or of a normal school diploma un- less such holder will take the examination given by the board of examiners. The number of independent school districts in Minnesota was 131 in the year 1891. The member^ of the board of examiners are required by law to "visit said schools as often as once in every three months." (1894, § 3810.) 8. Rulings of the Attorney General and of the Superintendent of Public Instruction relating to in- dependent districts. 1. A teacher may call a pupil to account for any conduct on the street or in any public place which is calculated to interfere with the discipline of the school. (S. P. I., Nov. 22, 1894.) 2. Boards of examiners may, at their discretion, issue certificates limited in time or good until re- voked. The board may annul its certificates at any time, and may renew limited certificates from time to time without further examination. (S. P. I., May 19, 1893.) 3. The board of education may employ a teacher holding a state certificate, without the intervention of the board of examiners. (S. P. I., Dec. 6, 1893.) SCHOOL MEETINGS. 9 4. The proAision of the general school law forbid- ding the making of a contract with a teacher who is related by blood or marriage to any member of the school board, save where such contract is concurred in bv all the members of such board, has application in independent districts. (A. G., May 27, 1893.) 9. Common School Districts. — The board of trus- tees consists of three officers, a director, a treas- urer and a clerk, who are required by law to "visit the school at least once in every term." Any two of the board may make any contract which the board is authorized to make, except with a teacher who is related by blood or marriage to one of them. No contract, however, can be legally made without due notice to all of a meeting called for that purpose. The board must provide a school or schools in their district for the number of months in a year voted by the legal voters at school meetings, provided the legal voters vote sufficient funds. If the legal voters neglect to vote sufficient tax to support a school for the time (five months), in each year, necessary to secure apportionments from the state school funds (see Chapter IX., School Funds), it is the duty of the trustees to levy such tax. (1894, §§ 3678-3694.) There were 5,942 common school districts in Minnesota in 1894. 10. Scliool Meetings. — In common school districts an annual meeting of the legal voters (includ- ing women) is held on the third Saturday of July to elect one trustee, to determine the length of time for which school shall continue in the ensuing year, to vote sufficient tax for the support of such school and to transact such other business as may properly come before it. (1894, § 3677.) In independent districts the annual meeting is held at the same time, but the business at such meeting is usually restricted to the election of two officers to serve on the board of edu- cation, as the power to determine the length of 10 COMMON SCHOOL DISTRICTS. scliool and to levy a tax for its support belongs to the board of education. 11. Hiring Teachers. — The authority of the board of trustees to hire a teacher, before the annual school meeting, for the ensuing year, has been called in question on two grounds : First, that the per- sonnel of the board may be changed by the annual meeting; second, that the power to fix the time for which the teachers shall be hired belongs to the legal voters in scliool meeting. In answ^er to this it is to be said: First, that a majority of the board is likely to consist of the same persons after as before the annual meeting; second, that it is the duty of the board (see section 9) to provide for opening and con- tinuing school five months whether the people vote for it or not ; third, that the opportunity to engage a good teacher would often be lost if the matter were deferred to a time after the annual meeting. With all these considerations in view, it has been held "that trustees may, either before or after the annual meeting and without express authority from the dis- trict, contract for the term required by law (five months), and no more." (A. G^., Feb. 17, 1863 ; May, 1870; July 13, 1880; Sept. 15, 1883.) Note. — A law as discussed in the remaining sections of this chapter and in Cbaptea-s IV., V. VI., VH., VIII., and X., applies, with a few exceptions which will be noted, to the three kinds of school districts, common, independent and special. 12. Pupils. — The "school age" in Minnesota is from the fifth to the twenty-first birthday. Admis- sion to the public schools is free to all persons of school age residing in the district. "The board of education and board of trustees shall have sole power to admit the attendance of persons of the age of twxnt^-one years, or non-residents of their districts, upon payment of such rates of tuition as may be de- termined by the board." (1894, § 3697.) Boards of trustees and boards of education may, PUPILS. 11 Lj a Tote of a majority of all the members, at any regular meeting, exclude children under six years of age. (Id., § 3698.) In common school districts the text-books and the instruction must be in the English language. Teach- ers are permitted, howeyer, to use a language that is the yernacular of any pupil to aid in teaching the meaning of English words, and may also gi^e in- struction in such language, not to exceed one hour each day, provided the trustees are unanimously in fayor thereof. (Id., § 3697.) Pupils may be suspended or expelled by school boards for three causes, insubordination, immorality, or infectious disease. (Id.) If any child of suitable age for attending the pub- lic schools is denied admission to any such school, or if any scholar is suspended or expelled from any such school without sufiflcient cause, or on account of color, social position, or nationality, the board by whose direction the oifense was committed shall for- feit and pay a fine of fifty dollars for each offense; and nothing in this act, or in any amendment of it, shall be so construed as to authorize any school trustees, board of education, or other school officer or authorities, to classify the scholars with reference to color, social position, or nationality, or to set apart the children so classified into separate schools with- out their consent and the consent of the parents or guardians of such children. And no town, city or school district which shall offend in this respect, or in which any child of suitable age shall be refused admission to any school in the proper locality or ward on account of color, social position or nation- ality, shall be entitled to any portion of the school funds of this state. (1894, § 3777.) 13. Rulings of the Attorney General and the Superintendent of Public Instruction, relating to pupils. 12 COMPULSORY EDUCATION. 1. The right to attend a public school does not depend on citizenship or nationality. (S. P. I., Jan. 16, 1893.) 2. The payment of taxes in a district does not confer the right to free tuition on a non-resident. (Id., Nov. 2, 1893.) 3. A teacher may, if necessary, detain a pupil after the expiration of the regular school hours, even against the wishes of the parents, but should be care- ful to do so only for the best of reasons. (Id., April 10, 1893.) 4. A pupil whose irregular attendance is unques- tionably a case of insubordination may, if incor- rigible, be expelled by the school board. (Id., Jan. 13, 1894.) 5. A pupil may be suspended for insubordinate conduct at eyening school exercises. (Id., March 3, 1894.) f). Pupils cannot be excluded from school on ac- count of not haying been yaccinated (A. G-., Dec. 13, 1890); but teachers must not admit to the school any child residing in a house where scarlet feyer, diph- theria, smaU-pox, or any dangerous, infectious, or contagious disease exists. (1894, § 7070.) 7. The right of children to attend school in a dis- trict depends upon their own and not their parents' residence. (A. G., Feb. 2, 1867.) If, however, they are staying in the district during the sessions of school for the sole and only purpose of attending the school, tuition may be required or they may be excluded. (A. G., March 15, 1884.) 14. Compulsory Education. — All children between eight and sixteen years of age are required to attend either a public or a private school at least twelve weeks every year, at least six weeks of which shall be consecutive. Children may be excused by the school board for the following reasons: (1) pov- erty; (2) weak mental or bodily condition; (3) instruc- SCHOOL HOLIDAYS. 13 tion at home, subject to the public school examina- tions; (4) proficiency in the ordinary branches; (5) residence at a distance of more than two miles by the nearest traveled road. Persons having control of children and failing to comply with these pro- visions are subject to a fine of from ten to twenty-five dollars for the first offense and from twenty-five to fiftv dollars for every subsequent offense. (1894, § 3778.) 15» Yaccination. — Teachers and others having the control of minors or other persons are required by law to exert such authority as they can properly use to have such minors or other persons "so prompt- ly, frequently, and effectively vaccinated that such minor or individual should not take, or be liable to take, the small-pox." (1894. § 7069.) 16. School Month.— In every contract between any teacher and the board of trustees or board of education, a school month shall be construed and taken to be twentv days or four weeks of five school davs each. (1894,^^ § 3695.) in reckoning attendance, all scholars enrolled are to be credited upon school holidays, whenever they occur within the school term, the same as if school had been held and all had been present. (Id., § 3696.) 17. School Holidays.— }so teacher is required to teach on Januarv 1st (New Years Day), February 12th (Lincoln's Birthday), February 22d (Washing- ton's Birthday), May 30th (Memorial Day), July 4th (Independence Day), the first Monday in September (Labor Day), the Tuesday next after the first Monday in November in even num- bered vears (General Election Day), Thanksgiving Dav or December 25th (Christmas Day). No deduc- tion from the teacher's time or wages can be made by reason of the fact that a school day happens to be one of these days, and any contract made in violation 14 GRADED SCHOOLS. of this provision shall have no force or effect as against the teacher. (1894, § 3695; A. G., March 14, 1888; Id., Sept. 11, 1893; 1895, chap. 352.) 18. Graded ScJiools. — The term "graded schools" is used but not defined in the statutes. More than ninetj^-seyen per cent of the public schools in the state are taught each by one teacher; many of these one-teacher schools include pupils whose ages vary from fiye to twenty -one years and whose studies range from primary reading to algebra and English grammar. In a certain way, such schools may be graded; that is, an orderly classification of the pupils may be made, with reference to their proficiency and attainments. As the term is generally under- stood, howeyer, it applies to schools haying separate departments, each managed by a teacher of its own. The list of graded schools published by the depart- ment of public instruction includes only those haying three or more departments. The high school board has, in the exercise of authority conferred b}^ law, made certain regulations relating to "public graded schools." One of these regulations requires that the schools shall have "not less than three distinct de- partments," and "not less than three full-sized, cheer- ful, well-kept rooms." Graded schools are found in all classes of districts, special, independent and common. In the list of 120 "graded schools not in- cluded in the high school list" issued by the Depart- ment of Public Instruction, four are in special, fifty- six in indei)endent, and sixty in common school dis- tricts. hK Aid to Graded ScJiools. — The state high school board is authorized to grant state aid, to the amount of |200, "to any tillage or town public graded school beloAy the rank of high school, which shall pursue a course of study laid down by, or meet- ing the approval of, said board, and the work of which is deemed good enough in quality by that body GRADED SCHOOLS. 15 to warrant such aid." The aid is not granted to any school having a state high school as part of its sys- tem. With the funds at the disposal of the board about forty schools can be aided. (1895, chapter 183.) 20. Regulations. — In order to secure the aid men- tioned in section 18, graded schools are required to conform to certain reguhitions issued by the high school board. The i)rincipal regulations are as fol- lows : 1. The schools must hold sessions of not less than nine months in each year. 2. They shall have not less than three distinct departments and at least three rooms. 3. The course of study shall be essentially that presented for the eight grades below the high school in the high school manual. 1. Tuition in the grammar school department shall be free to non residents, subject to entrance examination by the principal. 5. The school shall be well supplied with library and apparatus. 6. A class must be prepared each year for the examinations of the high school board in the com- mon branches. 7. The principal shall hold a s]3ecial certificate granted by the high school board, which, in addition to promise of professional success, will require one of the following in evidence of scholarship : a. The college diploma of a reputable college or university. 1). The advanced diploma of a state normal school. c. The diploma of a high school known for schol- arship and pursuing a full four years course. (I. A state certifi(-ate of the first or second grade. e. The diploma of pedagogy of the L^niversity of Minnesota, or of some other institution of equal rank. 16 THE BIBLE: PRAYEE. 21. Tlie Bible: Prayer. — In the state consti- tution it is provided : "Nor shall any man be com- pelled to attend, erect or support any place of wor- ship." The attorney general in commenting on this provision says: "In [Wisconsin] the supreme court * * * held that the reading of the scrip- tures in a public school was in violation of the con- stitution, in that it compelled one to support a place of worship. No distinction can in principle -be drawn between the opening of a school Avith prayer and the reading of the scriptures, so far as the question per- tains to the violation of the provision above named. * * * It is the purpose of the law of this state to permit no intrusion into our public schools of any re- ligious teachings whatsoever. They are to be kept purely secular in character and as j)laces where the children of parents of every shade of religious belief may assemble for purposes of instruction in author- ized subjects and incidental moral improvement. The judicious teacher will never attempt to institute such a practice in school against the wishes of the parents of his pupils. In view of the decision by the Wisconsin court [it is held] that the practice * * * is violative of the constitution." (A. G., Dec. 10, 1895.) CHAPTER 11. STATE HIGH SCHOOLS. 22. Defined. — A public school subject to the reg- ulations of and to inspection bv the high school board is a state high school. 23. High School Board. — This consists of the gov- ernor, the superintendent of public instruction and the president of the state uniTersitv ex-officio. (1S94, § 3865.) The board has power to establish rules re- lating to examinations, reports, acceptance of schools as state high schools, courses of study, and other proceedings under the law: to grant state aid to such schools as will, in its opinion, efficiently per- form the service required in the law; and to appoint a state high school inspector. The members of the board receive no salary. (1894, §§ 3868, 3869, 3870, 3871.) 24. State Aid. — Schools that have been accepted by the board and have complied with the law and the regulations receive aid from the state to the amount of flOO each. (1891. § 3868.) Eighty-six high schools received this aid in 1895. 25. Conditions of becoming state high schools: 1. The school must be a public graded school in a city, an incorporated villa.ge, or a township organized Into a district. 2. It must admit students from any part of the state without charge for tuition; but non-resident pupils may be subjected (as a condition of admission) to an examination in spelling, reading, writing, arith- metic, grammar, geography. United States history, and elementary hygiene. This examination may be (17) 18 HIGH SCHOOLS. given by the principal or other person designated by the board of education. 3. It must have regular courses of study calcu- lated to fit students for entering the freshman classes of the state university. (1894, §§ 3S66, 38G7.) 4. Its teachers must hold professional state cer- tificates. (See Chapter V.) 2(>. Examinations. — On the last Monday in Janu- ary and the last Monday in May, examinations are held in all state high schools under the direction of the high school board. Students who pass these examinations receive certificates, and certificates in the required subjects admit them to the state uni- versity as well as to the state normal schools. High schools and academies not under the inspec- tion of the high school board and not receiving state aid may make application for inspection, and being accepted, shall be entitled to the privileges of schools of this class, and subject to no rule of the board ex- cepting that of final examination. Upon application from any county superintendent, it becomes the duty of the high school board to grant the right to take the high school examinations to the schools under the supervision of such super- intendent; provided, that he shall, under the super- vision of said board, establish a regular course of study, including at least the subjects of arithmetic, geography. United States history, grammar, civil government, and physiology. (1895, chapter IT.) Questions for the examinations described in this section are prepared and papers are examined under the direction of the president of the state university, whose special office on the board is that of "Ex- aminer." CHAPTER III. THE STATE UNIVERSITY. 27. The Jieacl of the state educational system is the University of Minnesota. A pupil who com- mences his course as a student in the common school, who passes in succession through the graded and the high school and who graduates from the uni- versity, receives all the state can bestow upon him in the line of academic training. He may then continue his education in the college of engineering, the college of agriculture, the college of law, the department of medicine or the department of peda- gogy, all of which form part of the universitv. 28. Location, Etc. — The state university is lo- cated at Minneapolis. The total number of students in all departments in 1895 was 2,171. (19) CHAPTER IV. TEACHERS. 29. Contracts. — The contract of a school teacher with a board of trustees must, to insure its validity, possess the following characteristics: 1. It must be a written contract. (1894, § 3694.) Note. — ^WMle the statute requires written contracts and al- though verbal contracts are liable to result in trouble for both teacher and school board, a teacher whose contract was not reduced to writing might recover whatever compensation a jury finds to be just and reasonable. (S. P. I., Sept. 22, 1894.) 2. It must be made pursuant to action at a meet- ing of the board called for the purpose of hiring a teacher or teachers. (1894, § 3694.) 3. The teacher must, at the time the contract is made, possess a certificate that is in force, authoriz- ing him to teach in the district. (Id.) 4. It must be made with one who is not '^related by blood or marriage to any member of the school board" unless it has "the concurrence of all the members of the board of trustees, by vote entered on the clerk's record of proceedings." (Id.) 30. RiiUngs in regard to contracts: 1. A teacher's contract extending beyond the life of his certificate is valid up to the expiration of the certificate, and may be legalized by renewal of cer- tificate at any time before said expiration. (A. G., Oct. 12, 1891.) 2. A contract with a teacher properly made by a majority of the board, is an act of the board, and is binding. (Id., March 23, 1871.) 3. A board of trustees may,, before annual elec- tion of school officers, contract with a teacher for (20) WAGES. 21 five montlis of the ensuing school year, but no longer. (S. P. I., May 29, 1893.) Note. — ^After ainiual election (third Saturdar in July) bO'ards of trustees may legally contract with teachers for five months (the time during which school must be held to entitle the dis- trict to apportionment of current school fund), and for such longer time as the legal voters shall authorize at school meet- ing. 31. Wages. — It is the duty of the clerk to draw orders on the district treasurer for the ]3ayment of teachers' wages, of the director to countersign or attest such orders, and of the treasurer to pay them when so drawn and attested. If there are no funds for the payment of any such order, it is the duty of the treasurer to indorse upon it a statement oyer his signature, showing the date of presentation and non-payment. Such order will thereafter draw interest at ten per cent until the treasurer notifies the clerk in writing that he is prepared to pay it. (1894, § 3711.) In case of absence, inability, or refusal of the clerk to draw authorized orders, they may be drawn by the director and paid by the treasurer. (Id., § 3712.) Teachers must be paid out of the first moneys in the treasury for that purpose and before the pay- ment of any teachers for seryices rendered subsequently; and no money deriyed from the current school fund (apportionment) can legally be applied to any other purpose. District treas- urers who yiolate this proyision are personally liable to the teacher. (Id., § 3713.) A teacher is not entitled to payment for the last month of seryice until he has deposited with the clerk the school register properly kept for the term. (Id. § 3711.) 32. Rulings relating to teachers' wages: 1. A teacher may recoyer pay for full time if the school is closed by order of the board of trustees 22 TEA.CHERS. or of tlie board of health, or if the closing is not due to any fault of the teacher, unless the district can show that, during the whole or a portion of the time, he was engaged in a similar employment or was offered such employment and refused it. (A. G., July 9, 1888.) 2. Teachers' wages are not necessarily payable every month unless so specified in the contract. (Id., Jan. 24, 1884.) 3. A teacher cannot collect pay for the services of an unqualified substitute. (S. P. I., Dec. 8, 1894.) 4. "It is a rule of law that a parent is entitled to the earnings of a minor child unless released; and I know of no i^rinciple of law which would change this rule in the case of the earnings of a minor emploved as a school teacher." (A. G., March 19, 1890.) 33. Relation to Board, Pupils, and Parents.- — It is made the duty of each member of the board, at least once in each term, to visit the schools, and give such advice to the teacher as ma^^ be for the benefit of the schools, and they are intrusted with the gen- eral charge of the interests of the schools and schoolhouses in their districts, and are specially authorized to employ teachers having the requisite certificate of qualification. These are the principal provisions bearing upon the question under consid- eration, and they seem to leave no doubt that, with the single exception of the power of expulsion for the causes specified in the statute, the authority of the trustees over the interior management of the schools is solel}^ advisory in its character. The responsibility for the correct government and dis- cipline of the school, as well as the adoption of such methods of teaching as seem best calculated to pro- mote the advancement of the scholars in their sev- eral branches of study, rests solely with the teacher. CORPORAL PUNISHMENT. 23 Of course, there ought to be, and always will be, a mutual interchange of Aiews, and a cordial co-opera- tion between teachers and trustees in all these mat- ters, whenever a regard is had to the important in- terests intrusted to their charge. The law pre- scribes what studies shall and what may be taught m our common schools; and in determining within this limit what particular study any pupil shall pur- sue, the teacher always ought to consult the wishes of its parent or guardian, and conform to them so far as practicable, having due regard to the present attainments and proficiency of the pupil and the general interests of the school. (A. G., Feb. 7, 1872.) It is for the teacher and not the school board to determine what book or books of a prescribed series shall be used by a pupil or class of pupils in school. (Id., Dec. 7, 1887.) A board of trustees and board of education may suspend or expel pupils for insubordination, im- morality or infectious disease. (1891, § 3697.) But a teacher may, in an emergency, temporarily sus- pend a pupil for one of these causes, reporting the case at once to the board. (A. G., April 15, 1885.) Corporal punishment is authorized in the follow- ing extract from the penal code: ^'To use, or at- tempt or offer to use, force or violence upon or towards the person of another is not unlawful * * * when committed by a * * * teacher, in the exercise of a lawful authority to restrain or correct his * * * scholar, and the force or vio- lence used is reasonable in manner and moderate in degree." (1891, § 6177.) M, Detalnmg Pupils after School. — The law does not prescribe the time for opening or closing school. If, in a teacher's judgment, it is necessary that a pupil should remain after the usual time of closing, in order to do work neglected in the regular school 24 TEACHERS. hours, the right to do so is unquestionable. The teacher, however, should not ignore altogether the wishes of the parents in such cases. (S. P. I., April 10, 1893.) 35. Infectious Diseases, Etc. — "No principal, su- perintendent or teacher of any school * * * shall permit any child or minor having scarlet fever, diphtheria, small-pox, or any dangerous, infectious or contagious disease, or an^^ child residing in any house in which any such disease exists, or has re- cently existed, to attend any public or private school until the board of health * * * shall have given its permission therefor." (1894, § 7070.) Teachers are required by law to use such power as they possess to have the children under their control vaccinated so promptly, frequently and effectively that they shall not be liable to take the small-pox. (Id., § 7069.) But children cannot be excluded from school on the ground that they have not been vac- cinated. (S. P. I., Aug. 20, 1894.) 36. Control of Pupils Outside of Scliool. — The au- thority of teachers and parents over pupils on their way to and from school is concurrent, and the courts have held that a teacher may call a pupil to account for Sinj conduct on the street or in any public place which is calculated to interfere with the discipline of the school. (S. P. I., Nov. 22, 1894.) 37. Janitor Work. — "You inquire whether it is the duty of a school teacher to prepare kindlings and build the fires. While such provision might l)erhaps be inserted in the contract and be binding, yet in the absence of such provision in the contract, a school teacher is not required bv law to prepare kindling nor build the fires." (A. G., Oct. 17, 1889.) "Where it becomes necessary for the teacher to temporarilj' suspend the school for the reason that no provision has been made for heating the school- SUBJECTS TAU&HT. 25 room, he being ready and willing to teacli, and thereby comply with his contract, * * * he would not be required to make up for such lost time, but might recoyer upon his contract." (A. G., Feb. 16, 1875.) It is not always best, howeyer, for a teacher to insist upon all the rights to which he is entitled on a strict construction of the law. (S. P. I., Noy. 27, 1891.) 38. TeacMng on Saturdays and Holidays. — By ar- rangement with the board of trustees, a teacher may teach on Saturdays in order to enable him to close his term at an earlier date. (A. G., April 20, 1888.) A teacher has no right to teach school on Satur- day in order to make up lost time, without permis- sion from the school board. "In eyery contract be- tween any teacher and a board of trustees, a school month shall be construed and taken to be twenty days, or four weeks of fiye school days each." (1894, § 3695.) The law of custom requires that these fiye days shall be all the days of the week except Satur- day and Sunday, and as this is implied in the con- tract, both parties must consent to any change. With the permission of the board — but not without — ^the teacher may make up time on Saturdays and legal holidays. It would not usually, howeyer, pro- mote the best interests of the school to haye this done, as some of the pupils would probably be ab- sent on such days. (S. P. I., April 25, 1893, and June 23, 1894.) 39. Suhjects Taught. — All school officers in the state may introduce as part of daily exercises of each school in their jurisdiction, instruction in the elements of social and moral science, including in- dustry, order, economy, punctuality, patience, self- denial, health, purity, temperance, cleanliness, hon- esty, truth, justice, politeness, peace, fidelity, phi- lanthropy, patriotism, self-respect, hope, perseyer- ance, cheerfulness, courage, self-reliance, gratitude, 26 ENGLISH LANGUAGE. pity, mercy, kindness, conscience, reflection and the will. It may be the duty of the teachers to give a short oral lesson every day upon one of the topics mentioned above, and to require the pupils to furnish illustrations of the same upon the following morning. It shall be the duty of all teachers in public schools of the state to give sys- tematic and regular instruction in physiology and hygiene, including special reference to the effects of stimulants and narcotics upon the human system; and any neglect or refusal on the part of such teach- ers to provide instruction as aforesaid shall be deemed sufficient cause for annulling his or her cer- tificate by the county superintendent or other com- petent officer. (1894, §§ 3889, 3890, 3893.) Note, — Except as above indicated, tlie laws of Minnesota do not prescribe the subjects to be taug-ht in the public schools. The ultimate authority to determine what studies shall be pur- sued in a given school is in the school board. It may be as- sumed, however, that a teacher may not be required to give in- structions in branches other than those above named, together with those in which he is required to be examined for the grade of certificate he holds. 40, English Language. — "In the schools of com- mon school districts, the books used and all instruc- tion given shall be in the English language; but teachers able to speak any other language that is the vernacular of any pupil, may use that language to aid in teaching the meaning of English words, and may also give instruction In such language not to exceed one hour in each day; but no such instruc- tion shall be given unless the trustees of such dis- trict have expressed themselves unanimously in favor thereof." (1894, § 3697.) 41. Dealing in School Supplies. — Teachers who are interested in the sale of books, apparatus or furniture used in any school with which they are connected are liable to a fine of from fifty to two hundred dollars. (1894, § 3788.) CHAPTER V. TEACHERS' CERTIFICATES. 42. By Whom Issued: Kinds. — Teachers' certiii- cates are issued by: 1. The state superintendent of public instruc- tion, valid in all parts of the state, for two or five years or for life. (1894, §§ 3748, 3749.) 2. The state normal school board, valid in all parts of the state for two years. (Id., § 3840.) 3. A normal school president and the superin- tendent of public instruction, good in all parts of the state for five years or for life. (Id., § 3841.) 4. County superintendents of schools, good in the county where issued. (Id., § 3747.) 5. Boards of examiners in independent districts, good in the districts where issued. (Id., § 3810.) 6. Superintendents or other authority in special districts under the provisions of special laws, good in the districts where issued. 7. The state university, valid in all parts of the state for two years. (1895, chapter 181, § 1.) 8. The president of the university and the super- intendent of public instruction, good for life. (Id., § 2.) , These eight kinds of cercificates are further ex- plained in the following sections. A teacher who does not hold one of the above cannot make a valid contract with a board of trus- tees or a board of education. (Chapter IV., section 29, subdivision 3.) 43. Superintendent of Piiblic Instruction. — This officer is authorized: (27) 28 CERTIFICATES. 1. To approve the diploma held by a graduate of a state normal school of another state, making it valid in any district in Minnesota. (1894, § 3748.) The approval makes the diploma valid as a profes- sional state certificate. 2. To issue professional state certificates to ''per- manent teachers of high character and broad schol- arship and who have a successful experience/' upon examination in the branches named below. (Note 5 below.) (Id., § 3749.) 3. To issue professional state certificates "with- out further examination" to "graduates of colleges and universities of good standing, who have re- ceived a certificate of the first grade in this state and who shall have taught in any public school in the state with ability and success for at least one year." (Id.) Note 1. — Tlie time limitations and the grading of the above are left to the judgment of the supenintendent of public instruc- tion. Under his regulations, normal school diplomas from other states are, on presentation, approved for two years. At the expiration of this time, the approval may be renewed, on rec- ommendation of a board consisting of the presidents of the Min- nesota normal schools, for tAVO or five years, or for life, accord- ing to success as a teacher. Note 2. — Circulars are sent by the superintendent of public instruction, on application, giving times, places and conditions of examinations for professional state certificates. Note 3. — The expression "colleges and universities of good standing" used in the law is interpreted as meaning institu- tions Avhich require a full four years' high school preparatory course, and in addition a full four years' college course,— in- stitutions whose requireu-ents for entrance and for graduation are as high as those of the University of Minnesota, Carleton Colleg-e, or Hamline University. Note 4. — Professional state certificates issued on examina- tion or tO' college or university graduates are of twO' grades: 1. First grade, valid for two years, for five years, or for life. 2. Second grade, valid for two years, for five years, or for life. The time depends upon age, scholarship, experience, success, character, etc., and cannot be regulated by precise rules. Note 5. — The papers written upon the regular state questions for a first-grade county certificate will be accepted for the sub- jects in section 1 below. DIPLOMAS. 29 Section 1. Arithmetic, United States liistory, reading and elocution, English grammar, geography (physical, mathematical and political), with map drawing, theory and art of teaching, physiology, algebra, plane geometry, ciyil goyernment. Sec. 2. School economy, psychology, school law, his,tory of edu- cation, solid geometry, plane trigonometry, hooJc-leeping, general history, English literature, composition. Sec. 3. Rhetoric, political economy, moral philosophy, logic. Sec. 4. Physics, chemistry, geology, zoology, botany, astron- omy. Candidates for first grade professional state certificates are examined in all subjects named above, and are required to show a thorough understanding of all subjects in sections 1 and 2 and of at least two subjects of their own selection in each of the sections 3 and 4. Candidates for second grade professional state certificates are examined in all subjects named above, and must receive satisfactory standing in (a) all subjects in section 1, (b) such subjects in section 2 as are printed in italics, (c) the elements of any two subjects in section 4 which the candidate shall choose. 44. State H^ormal Board. — This body confers upon graduates of the normal schools diplomas which are ''valid as certificates of qualification of the first grade to teach in the public schools of the state * * * for * * * ^^^q years from date of graduation.^' (1S94, § 3840.) 45. Indorsement of Diplomas. — "At the expiration of two years of actual teaching service, the diploma of such graduate may be indorsed by the president of the normal school from which it was issued, and by the state superintendent of public instruction, upon satisfactory evidence that such service has been successful and satisfactory to the suj)ervising school authorities under whom it has been rendered. Such indorsement shall make the diploma of the elementarj^ course a valid certificate for five years from its date, and the diploma of the advanced course a permanent certificate of qualification." (Id., § 3841.) "Any count}' or city superintendent of schools under whose supervision such graduates may be employed shall have authority to suspend such cer- 30 CERTIFICATES. tificates for causes duly shown, such suspension to be subject to the same approval as is provided in the case of certificates issued by such county or city superintendents." (Id., § 3842.) 4(>. County Superintendents of schools are re- quired to hold, each spring and fall, meetings for the examination and licensing (i. e., issuing cer- tificates to) teachers. ''No certificate * * * shall be given by any county superintendent except upon 7m oion personal examination." (Id., § 3744.) "County superintendents shall examine persons proposing to teach common schools in the county in orthography, reading in English, penmanship, arithmetic, grammar, modern geography, history of the United States, and the practical, elementary facts of hygiene, asking questions to test the gen- eral knowledge of candidates and their ability jto— impart oral instruction relating to the subjects treated in the text-books. If satisfied that the can- didates are of goo4 moral character, and qualified to teach in all the aforesaid branches, certificates shall be granted, the grade of which shall be de- termined by the examination. County superintend- ents are authorized to issue three grades of cer- tificates, viz., first grade, valid in the county for two years; second grade, valid in the county for one year; third grade, valid in a given district only, for six months. County superintendents may renew certificates at their expiration by indorsement there- on. Provided, that in addition to the above branches prescribed in this section all applicants for first grade certificates shall be examined in ele- mentary algebra, elementary plane geometry, phys- ical geography, physiology, natural philosophy, civil government, and the theory and practice of teach- ing; and no person shall receive a first grade cer- tificate who has not taught with success at least REVOCATION OF CERTIFICATES. M one term of school not less than three months in length." (Id., § 3747.) A county superintendent may cite to re-examina- tion any person holding a license and under a con- tract to teach any common school in the county, and being satisfied, upon such re-examination, or other- wise, that such person is not of good moral charac- ter, or has not sufficient learning and ability to teach a common school, or if such person shall refuse or neglect to attend upon such re-examination, the su- perintendent shall revoke the license held by such person, filing in the office of the district clerk a statement that he has made such revocation, and shall deliver a copy thereof to the party whose license is revoked, and such revocation shall take effect and be in force from and after the filing of such statement, as aforesaid, and the teacher's con- tract with the district shall become void therefrom. Provided, that the wages of the teacher, for the time taught, and at the contract price or rate, shall be paid on or before the time at which it would have been due had the contract been continued in force. (Id., § 3753.) 47. Boards of Examiners in independent districts may issue certificates as explained in section 7 of this book. These certificates may be permanent or limited in time, and may be renewed on expiration, in the discretion of the board of examiners. (S. P. I., May 19, 1893.) 4:8. Department of Pedagogy. — The teachers' uni- versity certificate issued by the University of Min- nesota to graduates of the department of pedagogy shall be valid as a certificate of the first grade to teach in the public schools of the State of Minne- sota for a period of two years from the date of graduation. At the expiration of two years of actual teaching, the certificate of such graduate may be indorsed by 32 APPEALS. the president of the university and the superintend- ent of public instruction upon satisfactory evidence that such service has been successful, and such in- dorsement shall make said certificate a permanent certificate of qualification; provided, that said in- dorsement may be canceled and its legal effect an- nulled by the superintendent of public instruction upon satisfactory evidence of disqualification. (1895, chapter 181.) 49. Stimulants and Narcotics. — "l^o certificate shall be granted any person to teach in the public schools of this state * * * who has not passed a satisfactory examination in physiology and hygiene; with special reference to the effects of stimulants and narcotics upon the human system." (1894, § 3894.) Any neglect or refusal on the part of a teacher to provide systematic and regular instruction in physiology and hygiene, including special reference to the effects of stimulants and narcotics, is suf- ficient cause for annulling his certificate. (Id., § 3893.) 50. Appeals. — Any person feeling aggrieved by the decision of the county superintendent, after examin- ation, in refusing to grant a license or in refusing to grant a certificate of the grade applied for, may appeal to the state superintendent of public instruc- tion. The person desiring to appeal shall, within ten days after notice of such decision, serve on the county superintendent a notice of appeal from such decision, which shall specify the grounds upon which an appeal is taken. The county superintendent shall, within ten days after service upon him of a notice of appeal, trans- mit to the state superintendent of public instruc- tion a certified transcript of the examination of such CERTIFICATES. 33 applicant, and stating the grounds upon which he refused to grant such license, and that an appeal has been taken from his decision. The state superintendent of public instruction shall, within ten days after receiving the transcript and notice, appoint a time and place of hearing, which shall be not less than six nor more than twenty days after receiving notice, and he shall notify the county superintendent of schools, and also the appellant, by mail, of the time and place fixed upon for hearing such appeal. The superintendent of public instruction, or such person as he may designate, at the time and place fixed upon by him as aforesaid, shall proceed to hear and determine such appeal, and his decision therein shall be final. Jf it shall be found, after hearing and an examina- tion, that the appellant is in all respects qualified to teach school in the grade applied for, he shall reverse the decision of the county superintendent and grant to such person such certificate as he shall be entitled to, or in the event that he shall find that the appellant is not entitled to any certificate, he shall so dec'de. An'd if he finds that the decision of the countj^ superintendent should be affirmed, he shall dismiss said appeal. (1805, chapter 182.) 51. Rulings relating to teachers' certificates. 1. A county superintendent may, for cause, sus- pend the operation of a normal school diploma of another state, which has become a state certificate by approval of the superintendent of public instruc- tion. (A. G., Dec. 11, 1894.) 2. A certificate issued by the superintendent of public instruction in an appeal case cannot be an- nulled by a county superintendent. (Id., Oct. 28, 1895.) 3. Certificates cannot be arbitrarily revoked; causes must be stated. (Id., June 19, 1882.) 34 GEIITIFICATES. 4. A public school teacher who, in violation of law, teaches to his pupils the doctrines of any church, shows a lack of ability to teach which would authorize the revocation of his certificate. (S. P. I., April 12, 1894.) 5. Indorsement by a county superintendent when certificate was issued m another county is not sufficient license. (Id., April IS, 1893.) 6. County superintendents may use their own discretion as to giving private examinations. (A. G., Sept. 13, 1894.) CHAPTER YL EDUCATIOX OF TEACHERS. 52. Normal *S'c/7 Prayer in School ■.>! Private Examinations 51 Public Schools 1 Punishment, Corporal ^3 Pupils — Age 12 Disorder Out of School 8, .18 Keeping After School yi Suspension or Expulsion 12 Ee-Examiuations 46 Revocation of Certificates 46 Saturdays, Teaching on 38 School Age 1. 12 School Funds- Current 69, 72, 75 General 68 Local One-Mill Tax 70 Permanent 67 Special Taxes 71 State One-:^Iill Tax 69 School Libraries 63-65 School Meetings 10 School Month 16 Schools — G-raded 18 Model 55 Normal 52 Teachers' Training 59 Special Districts 2, 3 Special Taxes 71 State Certificates 8, 42, 45 State One-Mill Tax 69 56 INDEX. Sections. Stimulants and Narcotics 89, 4i> Subjects Taught '^ Superintendent in Independent District . 6 Suspension of Pupils 1^, l^j ^^ Tax— Local One-Mill 70 Special • 71 State One-Mill 69 Teasellers Contract witli 9, 29, 80 Dealing in Books, Etc 41 Hiring of 11 Janitor Work 87 Relations to Board, Pupils and Parents 8, 88 Wages 81, 82 Teachers' Oertiflcates— Appeals 50, 51 By Whom Issued 42 County 46 Department of Pedagogy _ 48 Kinds 42 Normal School Diplomas 44, 45, 51 Revocation of 46, 51 Teachers' Institutes - 60 Teachers' Training Schools 59 Temperance Hygiene 39, 49 Text Books 61, 62 Tobacco, Sale of to Pupils 77 Trustees, Board of 4, 9 University — Department of Pedagogy 48, 57 Location Etc 27, 28 Training School for Teachers 59 Vaccination 15, 85 Wages of Teachers 31, 82 Webster's International Dictionary 66 '>v KfiSSLSLCON^RESS ^ U20 312 105 r i