Class 1-3 2919 Book ■ H 7 Gopyri^lTt]^?^- COPOUGHT DEPOSm THE LEGAL STATUS OF THE CITY SCHOOL SUPERINTENDENT THE LEGAL STATUS OF THE CITY SCHOOL SUPERINTENDENT By JOHN CAYCE MORRISON Specialist in Educational Measurements The University of the State of New York The State Department of Education, Albany BALTIMORE WARWICK & YORK, Inc. 1922 *N^ COPYRIGHT, 1922, BY WARWICK & YORK, INC. 0)G!.A659585 MAR 10 (922 ACKNOWLEDGMENT I gratefully acknowledge my indebtedness to many sources — to members of boards of education, to public spirited citizens, to superintendents, to other educational leaders, who through written opinion or personal inter- view contributed to the thought and judgment recorded in this volume. More particularly, would I express my appreciation of the counsel and direction given by Pro- fessor George D. Strayer and Professor N. E. Engelhardt. J. C. M. TABLE OF CONTENTS Chapter I. Statement of the Problem 5 Chapter II. The Historical Development of the Office of City School Superintendent 9 Traced through the development of school legislation in two typical states. Chapter III. The Legal Status of the City School Super- intendent in the 48 States 40 A. The superintendent's relationship as defined by law to the — a. Board of education b. Public c. Municipal authorities d. Subordinates e. County officials f. State officials B. Classification of powers vested by law in the office of city superintendent of schools. a. Advisory b. Initiatory c. Independent C. Summary. Chapter IV. The Legal Status of the City School Super- intendent in 34 Representative American Cities 80 A. Criteria for the selection of cities. B. Special provisions made for the administra- tion of city schools. a. By State legislatures for cities of the first class (usually only one city affected) b. By city councils or commissions when given such power by legislative or constitutional enactment. Chapter V. The Judgment of Lay and Professional Leaders of Education as to the Legal Status that Should be Given to the City School Superintendent gg Chapter VI. Principles of Government Involved in City School Administration 124 a. The public interest or welfare the chief factor. b. The need for centralized responsibility in administering school affairs. c. Provisions for eliminating dual control. d. The value of clearly deiining the powers and duties of school oiificials. A Brief of a Proposed Legal Status for the City School Superintendent 15T Appendix 157 a. Charts showing the legal status of the city school superintendent in, a. The 48 states. b. Cities operating under special charters. b. Statistical tables. (Inserted in pocket in back of book.) Bibliography i6n Chapter I THE PROBLEM The 1918 census report of Financial Statistics of Cities stated that the 22^ cities above 30,000 population con- tained 34,000,000 people or 32.9 per cent, of the estimated population of the country. The same report also stated tliat 31.4 per cent, of the entire expenditure of this group of cities was for schools. That this was a considerable increase over the preceding decade is indicated in the fol- lowing figures : 1907 191 1 1915 1918 Per cent, of total city expense devoted to schools 2,'j.'j 28.6 30.2 31.4 Cost of Schools per capita. . .$4.42 $5.04 $5.58 $6.28 If in addition to the 227 cities mentioned above, the expenditure for schools made by the 1,200 odd cities with population of from 5,000 to 30,000 is taken into con- sideration, the immensity of the problem of city school administration, merely from the business standpoint, be- comes apparent. The widespread demand for better qualified teachers, for better school buildings and equip- ment, and for better exercise by the school authorities of nearly all functions that have been delegated to the schools promise that the cost of schools will not diminish, but will of necessity considerably increase during the next several years. Under the stress of changing economic and social con- ditions the American people are exceedingly interested not only in the expenditure of money for schools but 5 6 LEGAL STATUS 01' CITY SCHOOL SUPE;RINTe;nde;nT particularly in the results that are and will be obtained. As taxes increase and, as an ever larger proportion of ex- penditure goes for school purposes, the pressure on school administrative officials will increase and the demand for better results will be greater and ott times unreasoning. Accompanying this pressure and unrest will come a de- mand for change, for the trying of many and varied ex- periments — all of which will be merely outward signs of an underlying sense of need for such a reorganization of the school administrative machinery as will definitely fix responsibility and so produce the most and best re- turns on the investment. On those resj^onsible for the. administration of schools will largely fall the problem of reorganization. Today the typical American city school system is con- trolled by a board of education, elected by the people : the board appoints an executive or administrative officer, the superintendent, who is largely or altogether subject to the will of the board. From this general type there are many variations — all of them results of the operation of certain different but fundamental theories relative to city school administration. The first of these theories is in some sense a develop- ment from the spirit of the New England town meeting. In a present day and professionalized terminology it is embodied in the theory of "municipal home rule." In the educational field, it practically considers the city dis- trict as the chief if not sole authority over all questions concerning the local administration of schools. It as- sumes that the powers of administration are derived from the electorate and should be legally vested in officers whom the electorate may reach with their ballots. The logical sequence of this theory is that the executive head of the school should be an employee of the board of edu- cation with only such powers and duties as the board STATEMENT OE THE PROBLEM 7 may delegate to him ; and with the privilege of exercising such powers and performing such duties only in so long as it may suit the pleasure of the board. An entirely different theory stresses the fact that edu- cation is a function of the State ; and that, therefore, the State should make such provision for the local adminis- tration of schools as will best promote the interests of the State. It considers the city superintendent an official of the State, responsible for the administration of schools in a convenient subdivision of the larger unit. The cen- tralized authority determines the qualifications necessary for the office, appoints and removes the individual official, pays his salary and supervises or directs his activities while in office. This theory, when it grants the local community any voice at all in the conduct of its local school affairs, either delegates certain specific functions to certain civil authorities of the city, or creates a local board of education which operates primarily in an ad- visory capacity. Between these two theories, there is developing a third theory that attempts to coordinate the essential features of them both. It recognizes the value of local initiative and local responsibility ; it believes that the people of a city should be made to feel responsible for producing a school system superior to the minimum that the State can require ; and that to secure the full value of this local initiative the city must have a large control through its elective officials of the administration of its schools. On the other hand this theory recognizes the right of the people of a State to establish minimum requirements for the good of all the children ; and it denies the right of a local community to fall below these minimum standards. It recognizes the ever-increasing complexity of a modern city school system and the need of professionally trained 8 LKGAL STATUS OF CITY SCHOOL SUPERINTEJNDENT leadershi]) in the administration of such school systems. To secure such leadership, this theory accepts the right of the State to determine the qualifications necessary for filling the local office, to pass upon the fitness of the in- dividual for that office, to specify certain of his duties while in office, to supervise many of his activities and to protect in some measure his tenure during the term of his contract. Outside of these specified limits the locally elected or appointed board has full control of local afifairs. It is with an examination and evaluation of these three fundamental theories in their -application to city school administration that this study is concerned. Their ex- pression in the law admits of varied and complicated relationships — the relationships of public and board of education ; board of education and other civil authorities ; board of education and superintendent ; superintendent and other executive officers ; executive officers and teach- ers ; board of education and superintendent to State authorities, and so on. While it is necessary to consider all of these problems in searching for the best legal organization of city school administration, it is the super- intendent and board of education that the American people will hold responsible for satisfactory returns from their investment in the public schools. The relationship between these two agents of the people and their specific responsibilities in the law, then, constitute the problem for this study. The conclusions reached should result from considera- tion of the historical development of the problem, of the school laws now in force as set forth in state codes and city charters, of the principles and practices that have evolved in municipal administration, and of the best judgment of lay and professional leaders in school ad- ministration. Chapter II THE HISTORICAL DEVELOPMENT OF THE OFFICE OF CITY SCHOOL SUPERINTENDENT The city school superintendent is a product of many experiments. A pioneer people were confronted with the building of an educational system. At every turn they felt the need of improving their school facilities, and of having some agency in each governmental unit that they might hold responsible for bringing about such im- provement. Certain ideas were gleaned through their leaders' from the educational systems of the parent lands, and, for the rest, they used whatever agency seemed best suited to their purpose. After a century or more of trial and error, of conflict between ideals as widely contrasted as the highly centralized educational system of France and the New England town meeting, there has been crystalized the office of city school superintendent which is fairly definite in its concept, and common to the edu- cational systems in all the states. Since the development of the office in Connecticut and in Ohio has been typical in a large measure of its devel- opment throughout the country, the school legislation of these two states is taken as the basis of this chapter Ohio through its mass and variety of special, city charter legislation from 1829 to about 1870 and again under the guise of legislation for grades of cities from 1875 to 1904 seems to have tried in some city or another nearly every type of school administration that the American 'Hoyt & Ford, JAfe of John D. Pierre, pages 81-82. Barnard, The Old Hartford Grammar School, page 233. lO LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT mind has conceived ; and as a result of such experimenta- tion has from time to time reduced the principles thus tried to general legislation applicable to all of its cities. Connecticut, in some sense, the co-parent of the free public school system of America, through one hundred fifty years of experiment, evolved the concept of public duty and responsibility embodied in the office of school visitor, an office that has gradually developed through another century into that of city school superintendent. CONNECTICUT GENERAL SCHOOL LEGISLATION In 1650 the General Court of the colony of Connecticut enacted a "body of laws." Among the provisions for edu- cation is to be found the following: For as much as the good education of children is of singular behoof and benefit to any commonwealth and whereas many parents and masters are too indulgent and negligent of their duty in that kind : It is therefore ordered by this court and the authority thereof, that the selectmen of every town in the several precincts and quarters where they dwell, shall have a vigilant eye over their brethren and neighbors, to see. first, that none of them shall suffer so much barbarism in any of their families, as not to endeavor to teach, by themselves or others, their children and apprentices so much learning as may enable them perfectly to read the English tongue and knowledge of the capital laws, Apparently in this early day, those who framed the law realized the need of having some one responsible for seeing that the law should be enforced. This responsi- bility was given to the selectmen of the "several precincts and quarters ;" and further provisions of the law gave the selectmen ample authority to examine the children and to enforce the law. The actual result of the above provi- 'Barnard, Old Hartford School, p. 171. HISTORICAL DEVELOPMEINT OF THK Ol^flCfi II sion of the 1650 code may be surmised from the following, enacted in 1690: This court observing that, notwithstanding the for- mer orders made for the education of children and ser- vants, there are many persons unable to read the Eng- lish tongue, and thereby unable to read the holy word of God and the good laws of this colony, it is hereby ordained that all parents and masters shall cause their children and servants, as they are capable, to read dis- tinctly the English tongue, and that the grandjury- men in each town do, once in a year, at least, visit each family they suspect to neglect this order, and satisfy themselves that all children under age, and servants in such suspected families, can read well the English tongue or in good procedure to learn the same or not, and if they find any such children or servants not taught as their years are capable of, they shall return the names of the parents or masters of the said chil- dren, to the next county court, when the said parents or masters shall be fined twenty shillings for each child or servant whose teaching is thus neglected ac- cording to this order/ Here again, the colonial legislature reiterated the right of the State to enforce the education of the children of the State ; but, having become dissatisfied with the results obtained by the selectmen in their forty years trial, placed the responsibility for the local administration or super- vision of the law in the hands of the grand jurymen. A third scheme for placing responsibility for the over- sight of schools is indicated in an act of the court in 1690*. This court considering the necessary and great ad- vantage of good literature, do order and appoint that there shall be two good free schools kept and main- tained in this colony for the schooling of all such children as shall come there after they can distinctly read the psalter, to be taught reading, writing, arith- ^Barnard, Old Hai-tford School, p. 171. 12 LKGAL STATUS OF CITY SCHOOL SUPEjRINTENDENT metic, the Latin and English languages — the one at Hartford and the other at New Haven — the masters whereof shall be chosen by the magistrates and minis- ters of the said counties, and shall be inspected and displaced by them if they see cause ' What seems to have been the forerunner of the board of education is suggested in the appointment of a com- mittee by vote of the town of Hartford in 1664. This committee was to be responsible for the administration of a portion of an estate bequeathed by Governor Hopkins for school purposes. The record of the vote reads that the committee "are desired and empowered to employ that said sume — according to such instructions as shall be given them by this town or for want of, according to their own discretions."* Apparently the sole duty of this committee was the administration of the estate, or the business interests of the school fund. As late as 1749 the committee was men- tioned in the record of the town as the "school commit- tee," but the record quoted gives no intimation that the committee had any authority except as to the adminis- tration of the proceeds of the estate bequeathed nearly a hundred years before, and of such other funds as had been added. In 1753 the so-called Free School was changed to a Grammar School, a committee was appointed "to take into their hands and care, the said lands and moneys and all the interests appertaining to the said school, and apply the profits and incomes from the same to the setting up, maintaining and supporting of a Grammar School as aforesaid ; and the said committee are to have and take the care, charge, and oversight of the said Gram- mar School, and make and give such general orders as 'Barnard. Old Hartford School, p. 187. •Ibid, p. 176. HISTORICAL DEVELOPMENT OF THE OFFICE 1 3 they shall think best for the well ordering and managing said school.'" In the above statement we see probably the first at- tempt to make a committee or board elected by the peo- ple of the community responsible for the "care, charge, and oversight" of all the interests of the school'. Judg- ing from the records quoted by Mr. Barnard, this was a period when the people of Hartford were desirous of improving their school, and their attempts toward im- provement were marked by their placing greater respon- sibility on their school committee. The following record expresses very clearly the relationship that the people intended should exist between their committee and the "master or masters" of their school. ^J^^^^'rP^^- ^^^~^^ ^^ therefore voted that George Willys, Samuel Talcott, and William Pitkin, Jr., Esqs., or the major part of them, be and they are 'hereby appointed a committee in the room of the former com- mittee, to hire a schoolmaster, and to take into their care all the interests, moneys, and securities belong- nig to said school, and to manage, regulate and order the same for the best advantage thereof. That the said committee for the time being, do give written instructions to the master or masters that shall be employed to keep or teach in said school with regard to the rules he shall observe: — The method of teach- ing and admitting of scholars into the same ; and it is especially recommended that such masters be instructed to take (hie care of the morals, as well as of the learn- ing of the scholars * In 1766 this school committee was increased to six members and enjoined to "devise some method for the better regulating of the Grammar School, and lay the same before the next meeting of the town in order for 'Barnard, Old Hartford School, p. 191. "Barnard, Old Hartford School, p. 190. 14 LEGAL STA'fUS OP CITY SCHOOL SUPJ^RINTENDElN'r their approbation." A year later the committee reported it as their "opinion, that the following things and regu- lations are still further necessary in order to the pro- moting and advancing good literature and the interests belonging to said school, " The first four recommendations concerned the busi- ness or financial interests of the districts. The remainder of the recommendations are of peculiar interest in that they show the need felt by the committee for a more thorough oversight of the instructional activities of the school, and of the relation between the instructional activity and suitable building accommodations.' The fifth and sixth clauses follow : — Fifth — That said committee, as soon as may be, use their utmost endeavors to obtain some meet person, duly qualified to undertake the keeping of said school, and to settle therein; and for that purpose, if need be, to make such alterations, or erect and make sucli additions to the buildings belonging to said school as will best serve and promote the good ends and de- signs of the same. Sixth — That said committee, from time to time, give directions and prescribe rules to the master for the well ordering of said school; that they inspect and visit the same at least every quarter of each year, and hear and attend the exercises and performance of the youths belonging to said school, on said quarter days, and desire some or all the ministers of said town for the time being, to visit, assist, advise, and consult the best measures for the advancement of good literature in said school; and said committee, or the major part of them, do determine concerning the admission and number of scholars proper for said school. In 1789 the committee was reorganized by adding the pastors of the several churches in Hartford.' In the 'Barnard, Old Hartford School, p. 192. 'Barnard, Old Hartford School, p. 193. Historical de;vi;i,opm^nt of th^ officii 15 record of the first meeting of the reorganized committee we have a beginning of what is now known as the com- mittee system of school board organization. One com- mittee of three was appointed to examine the funds, ac- counts, and securities, to take such measures as might be necessary and to report back to the board. A second committee was "to digest a system of Rules and Regu- lations for the government of said school, and lay the same before said trustees at their next meeting." The third committee was "to examine candidates" for ad- mission, and for "examining S*^ school monthly.' " At this same meeting, the board selected a chairman, regis- ter, and treasurer. The records of the board give ac- count of two examinations. The report of the committee on rules and regulations was made and adopted January r>th, 1700. In 1798 the Board of Trustees was incor- porated by the General Assembly "under the name of the Trustees of the Grammar School in the town of Hart- ford." About this time (1795) the schools of the State were given over to ecclesiastical societies known as School Societies ; and the general assembly created a new group of officers whose sole official responsibility was the wel- fare of the schools. The outstanding feature of this legislative action was the creation in each school society of a board of school visitors. The effect of this change of responsibility for the admnistration ;of schools is described in the following extract from Mr. Barnard's report to the Board of Common Schools in 1842. Prior to 1798, these powers and duties devolved on the civil authority and select-men of each town, but in the revision of the school law, in that year, they were transferred to a distinct class of officers, denom- inated visitors, or overseers of schools, elected by each society, and charged exclusively with them. This l6 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT change proved highly advantageous, for some time, but from the want of a more specific enumeration, and some modification of their powers, to adapt them to the altered circumstances of the schools, and of society, the great object of their appointment from year to year in a measure failed. When first appointed, the com- mon school was the main reliance of all classes, for the elementary education of children, and there was, therefore, connected with the discharge of their duties, strong parental, as well as the ordinary official, and benevolent interest. The number of districts were not as large, the schools were kept for only one portion of the year, and the same teachers continued in the employment and in the same district, for a longer time ; a change in these particulars has more than doubled the demands on the time and attention of school visi- tors Formerly there was a high degree of public consideration attached to this office, as well as a lively interest in all that concerned the administra- tion of the school system. The result of the whole was ascertained to be, that the mode of discharging the duties of inspection and superintendence, which is the very life of a school system, and determines, in a great measure, the character of the schools, was inefficient, irregular, and formal at best. To remedy these de- fects and irregularities, the powers and duties of school visitors are more distinctly defined in the act of 1839. First — They may prescribe rules and regulations respecting the studies, books, classification and disci- pline of the schools. Secondly — They must withhold a certificate from such persons as are not found qualified to teach certain specified branches, and annul the certificates of such as shall prove, on trial, to be unqualified and unfaith- ful Thirdly — They must visit all the common schools at least twice during each season of schooling. HISTORICAL DEVELOPMENT OF THE OFFICE 1/ One of these visits must be made near the beginning of the term, and the other near the close, so that a right direction can be given to the school, and the final progress be judged of Fourthly — They can appoint a committee of one or two persons, to exercise all the powers, and perform all the duties of the whole board, under their advice and direction, and receive one dollar a day for the time actually employed Fifthly — They must prepare, when required by this Board, and annually for their several societies, a writ- ten report as to the condition of the schools, and plans and suggestions for their improvement ^ In 1840 Mr. Barnard became a member of the Board of School Visitors of Hartford and prepared a plan for the reorganization of the school districts of that city. In the third clause of the plan he stated clearly what he believed to be the proper organization and duties of the board of education and superintendent. The studies, books, discipline and supervision of the schools, and the management of the property and concerns of the district, are to be intrusted to a Board, two-thirds of whom shall be elected annually, and the other third hold over. It is also proposed, for the pur- pose of giving efficiency to the action of the Board, that they elect a superintendent who shall visit the schools, employ the teachers, meet with them for in- struction, visit the parents and guardians of such chil- dren as are not sent to school at all, or attend irre- gularly, see to the repairs and management of the schoolhouses ; in fine, to devote his whole time to the prosperity of the schools.* The plan was not adopted in Hartford ; but it was the essence of the scheme for city school organization which was widely advocated by Mr. Barnard in his ^Fourth Annual Report of the Board of Commissioners of Common Schools in Connecticut, Hartford, 1842. pp. 43-47. 'Barnard, Old Hartford SIchool, p. 240. l8 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT writings and public addresses. It is of interest to us now because its principal features were later written into the laws of many states and particularly into special city charters. In 1871 Mr. Barnard wrote: I have lived long enough to see clearly all the car- dinal features of city and State school organization advocated in this city from 1838 to 1842, and denounced "as the impracticable schemes of an enthusiast," in- grafted into the constitutions of fifteen States, and the school systems of thirty-five States, and upwards of one hundred cities including all having over forty thousand inhabitants, and many more with a smaller population.' The following extracts are taken directly from the revised "Act concerning Common Schools" of 1841 : they show the provision made by the General Assembly for the local administration and supervision of schools. SCHOOL LAWS, CONN, 184I. Page 4, Section 3. Every school society at the an- nual meeting shall choose a clerk, a school committee of one or three persons, a board of school visitors, not exceeding nine persons, a treasurer and a collector, who shall hold their respective offices until the next annual meeting, and until others are chosen or ap- pointed. Page 5, Section 5. The school committee shall have the care and management of any property or funds be- longing to the society, and shall lodge all bonds, leases, notes and other securities, with the treasurer, except so far as the same has been, or shall be, entrusted to others by the donor or grantor, or by the General As- sembly, or by the society. They shall pay to the treasurer all money which they may collect and receive for the use of schools ; They shall settle and describe the boundary lines of any new school district, or of any existing district, or 'Barnard, Old Hartford School, p. 241. HISTORICAL DE;vELOPME:nT 01^ THE OFFICE IQ parts of a district within their limits, where the lines are not now settled and described, when applied to by the district, and shall cause the same to be entered on the records of the society. They shall designate the time, place, and object of holding the first meeting of any new district ; They shall give due notice of all meetings of the society ; They shall make return of the number of person;^ over four, and under sixteen years of age in said society, to the Comptroller, and draw orders on the same for any portion of public money due to said so- ciety, as hereinafter prescribed; They shall draw all orders on the treasurer of the society, and perform all other lawful acts which may be required of them by society, or which may te necessary to carry into full effect the powers of the school societies. Pages 6 and 7, Section 8. The Board of Visitors shall prescribe rules and regulations for the manage- ment, studies, books, classification and discipline of the schools in the society; Shall themselves, or by a committee, by them ap- pointed for this purpose, examine all candidates as teachers in the common schools of such society, and shall give to those persons with whose moral charac- ter, literary attainments, and ability to teach they are satisfied, a certificate setting forth the branches he or she is capable of teaching: Provided, that no certifi- cate shall be given to any person not found qualified to teach reading, writing, arithmetic and grammar thor- oughly, and the rudiments of geography and history ; Shall visit all the common schools of said society twice at least during each season for schooling, once within four weeks after the opening, and again within four weeks preceding the close of the school, at which visits they shall examine the register of the teacher, and other matters touching the schoolhouse, library. 20 LEGAL STATUS OP CITY SCHOOL SUPE;rINTENDe;nT Studies, discipline, mode of teaching, and improvement of the school ; Shall annul by a major vote of said visitors, the cer- tificates of such teachers as shall be found unqualified, or who will not conform to the law and the regula- tions adopted by the visitors; Shall make out returns of the condition of each com- mon school within their limits, in such particulars, and at such time, as the board of commissioners of com- mon schools may specify and direct; And shall submit to the society at their annual meet- ing a written account of their own doings, and of the condition of the several schools within their limits for the year preceding. The board of visitors may appoint a committee of one or two persons, to exercise all the powers, and perform all the duties of said visitor, subject to their rules and regulations ; and such committee shall receive one dollar each per day for the time actually employed in performing said duties, and such other compensa- tion as the society may direct, to be paid out of the in- come of the town deposit fund, or in any other way which said society may provide. The foregoing extracts mark three distinct phases in the development of the law concerning local school ad- ministration : (i) a dual control, with a school com- mittee responsible for the financial or physical aspects of school affairs and a board of school visitors respon- sible for the instructional activities; (2) a detailed enumeration of the powers and duties of both the com- mittee and board; and (3) a greater emphasis upon cer- tification of teachers and supervision. The law was a forward step and was subject to much opposition during the next decade ; but the agitation for better school laws continued and in 1855 the General Assembly directed the Trustees of the State Normal School "to appoint a Com- HISTORICAL DEVELOPMENT OF THE OFFICE 21 mittee of three from their number to consider, during the recess of the General Assembly, the existing School Laws, with a view to their revision and simplification. .'" This committee prepared a draft of a revised law and submitted it to School Visitors and other friends of edu- cation throughout the state for their criticism. Among other things, they recommended that the management of the school affairs be restored again to the towns ; that a board of three, six or nine school visitors be elected to hold office three years, one-third being elected each year ; that this board perform all the duties heretofore per- formed by the School Committee and Board of Visitors ; that the board elect an Acting Visitor or Town Superin- tendent; and that teachers should be examined by a ma- jority of the Board or by the town superintendent. They further suggested the desirability of permitting the Board of Visitors to elect one outside their own num- ber "even a non-resident of the town" as superintendent. This proposed revision of the school law resulted in a new series of school legislation begining with the Act of 1856 which transferred to Towns the duties and pow- ers of School Societies with regard to schools." The school committee of certain districts organized under the Act of 1855 was changed to a "board of education consisting of three, six or nine persons.'" To this board was delegated most of the powers which to that time had belonged to the board of visitors. Three years later the law was amended to give the board of education all the powers and duties belonging to the boards of school visitors,* one of which was the "full power to appoint an ^Circular concerninfj Alterations in the School Laws to School Visitors and Others, 1856. ^PuliUc Acts reletting to Common Schools in force in the State ofi Conn. 1860. 'Ibid. "17 Sec. 10." p. 10. nbid. 1858, 21; Sec. 1, p. 12. 22 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT acting school visitor in said district, who shall possess within said district all the powers, and be subject to all the duties by law possessed by and imposed upon similar officers appointed by the board of school visitors of the several towns.'" The powers and duties of the board of school visitors were restricted to the "remaining portion of said town.'" However, for those towns which were single districts or which had school obligations outside of special districts within their borders there was a sharp division of authority" — roughly speaking, all responsibility for instructional activity was lodged in the board of school visitors, and the care and management of any property or funds "was vested in the town selectmen." A redraft of the law in i860 sets forth the dual respon- sibility for school supervision very clearly and is of pe- culiar interest because it defines more definitely the duties of the acting school visitor of the town. The law pro- vided that any town which included ten or more school districts within its limits might "appoint a sub-committee of one or more persons, of their number, to visit the schools." The duties of this sub-committee were defined thus: It shall be the duty of the acting school visitor or visitors of every town, to visit every common school in said town in company with one of the visitors, or of the district committee, if such attendance can be ob- tained ; and such visits shall be made twice at least during each session of schooling, in conformity with the provisions of this act. It shall be their duty, un- less otherwise directed by the school visitors, to spend at least half a day in each school visit; it shall be his or their duty to make a full annual report of the con- dition of the common schools of said town and of all •Ibid, 1858, 23, Sec. 3, p. 12. 'Ibid. 1858, 24. Sec. 4, p. 12. Tbid. Chap. 2, Sec. 1-6, 1856, pp. 13-14. HISTORICAI, DJ^VULOPMEINT Of THK OFFICE 2$ the important facts concerning the same, to the super- intendertt of common schools, on or before the first day of October, annually and to answer in writing all in- quiries that may be propounded to him or them on the subject of common schools by said superintendent. He or they shall also prepare an abstract of such report, to be read at the annual meeting of the said town." For time actually employed the acting visitor or visi- tors were to receive "the sum of one dollar twenty-five cents each, per day," the payment of this sum subject to his making the report required by law and the report's being approved by the board of visitors. In this law we see a movement away from the extremely decentralized district system to the increasing responsibility of town supervision. In 1865 a law was passed providing that any town at any time might consolidate all the school districts within its borders into one district;' such con- solidation depended upon a majority vote by a majority of the districts concerned. The next year this law was made mandatory.^ These consolidated towns or union dis- tricts were required to elect "six, twelve, or eighteen male residents of the town as a school committee."* Under this law the committee had in general the powers and was required to perform the duties that previous to the passage of the law had "devolved upon district commit- tees and boards of school visitors. "° The law not only did away with the dual control of district committees and boards of visitors but it also gave the new union district committee power to "appoint one or more acting visitors or superintendent under their direction to examine teach- 'Laws of the State of Conn., 1860, p. 32, Par. 96, Sec. 3. 'Laws of the State of Conn, relating to Education, 1868, p. 24, Sec. 61-62. 'Ibid, p. 31, "1866, Sec. 1." (The following year this mandatory con- solidation was repealed, 1867, Sec. 1.) «Ibld, p. 31-32, "1866, Sec. 2." •Ibid, p. 32, "1866, Sec. 3." 24 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT ers and visit schools." The old board of school visitors was gone ; but the concept of their chief member "the acting visitor" remained, although, from now on he was to be permitted a new title and would ultimately be clothed with additional powers and greater responsibility. Such are the milestones in the slow but sure development of the legal machinery and underlying causal conceptions which lead to the better legal organization of school administra- tion. The laws of the next fifteen years indicate a backward trend of public sentiment toward the decentralization of towns into the old district organization. However, the permissive features of the law of 1866 remained with two slight exceptions. The question of consolidation or de- centralization rested upon a majority vote of all the electors of the town,* and the term "superintendent"' was omitted from the wording of the act as quoted above. After a period of debate lasting twenty years the word "superintendent" again was written into the law — this time to stay — and with the additional provision that he might be "not one of their own number," i. e., one of the board or committee.' His salary was fixed at two dollars a day, each, for the time actually employed in the perform- ance of their duties — and "such further compensation as their respective towns may fix at an annual meeting."'' The slowness with which old ideas disappear and new "'Laws of the State of Conn, relating to Education, 1879." p. 21, also "1875, Sec. 1-2." 'Ibid, p. 22, "1875, Sec. 4." •Laws of the State of Connecticut, 1886, page 1, chap. 39. An Act Concerning Acting School Visitors. Section 1. Boards of Education, town committees and board of school visitors may appoint a person, not one of their own number, to be acting school visitor or superintendent of schools. Section 2. The acting school visitor or superintendent thus ap- pointed shall have all powers, perform all the duties and receive the pay now prescribed by law for acting school visitors. Section 3. Any town, at its annual town meeting, may fix the compensation of the acting school visitor or superintendent. nbid, 1886. Sec. 13, p. 24. IJISTORiCAL DEVELOPMENT OF THE OFFICE 2$ concepts gain a place in the law is shown in Chapter 195, paragraph i, of the Act of 1903 providing for "Super- vision of Schools." The town school committee or board of education or board of school visitors of any town may choose by ballot a superintendent of schools and may fix the sal- ary and prescribe the duties of acting visitor as now prescribed by law. A majority vote of all the members of the committee or board shall be necessary to an elec- tion." And it is well in this connection to note the persistence of the idea written in the original law of 1856 and re- iterated again in 1872 and 1888, namely, that the secre- tary of the board of school visitors should always be the acting visitor or one of the acting visitors.* Even in 1904 the election of a superintendent of schools was only permissive ; and boards still had the privilege of making their secretary the acting school visitor. But the law of 1903 definitely recognized the office of "superintendent" and did not make it synonomous with the term "acting visitor." The persistence of the old con- cept held over, however in that the superintendent's duties "shall always include the duties of acting visitor as now prescribed by law." This law of 1903 marked two great steps in the develop- ment of the superintendency. First, it stated minimum requirements for eligibility to the office of superintendent and the right of the State to approve each candidate for 'Conn. School Document No. 3, 1904, Laws relating to Schools, Chap 9. Sec. 115, p. 34. Ohio School Laws, 1904, p. 114, Sec. 4022-2. 'Ohio School Laws, 1915, p. 247, Sec. 7703. '•Advance Sheets, Ohio School Laws, 1919, p. 19, Sec. 4698. 34 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT OHIO. SPECIAL LEGISLATION In addition to the account of general city school legis- lation given above, certain experiments in local city school administration permitted through special charter legislation are of interest. The first special city charter* granted was to Cincinnati, February 12, 1829. This charter created three bodies responsible for city school administrative functions. The city council was the chief body and controlled all fiscal matters ; a board of trustees and visitors consisting of one member from each ward, elected by the voters, was vested with the appointing and organizing powers ; the "board of examiners and in- spectors" appointed by the board of trustees and visitors, examined teachers and inspected from time to time the instruction and government of the schools. In 1850 an act was passed which authorized the quali- fied voters of Cincinnati to elect annually one superin- tendent of schools. His duties were to visit all the com- mon schools in the city and establish under the direction of the board of trustees and visitors a course of study ; also to make rules and regulations to promote the progress of the school.'" Here again was vested in a single office filled by one man certain of the inspectorial or super- visory functions that had belonged to the "board of ex- aminers and inspectors" and certain administration func- tions that formerly had rested upon the "board of trustees and visitors." In 1853, "the functions of levying school taxes, providing school houses, and laying ofif school dis- tricts" were taken from the city council and vested in the school board which now consisted of two members elected from each ward. The following taken from "an abstract of the report of the Board of Education of the City of Cleveland," 1854, ^Hinsdale, The History of Ohio's School System, p. 141. nbid, p. 141. ttlStORICAL DElvEtOPMElNi: Ot" THE OFFlCBi 35 throws interesting light on the shortcomings of the Act- ing Manager provided for in the act of 1847, and the reasons given at the time for electing a superintendent. Superintendent of Instruction. — Tiiis is also a new feature in our system. The Acting Manager, assisted by the members of the Board, had exercised a general supervision and care over the school. Their attention, however, was necessaritly directed more to business than to instruction. There had been no one to super- intend this department, with special reference to intro- ducing the best methods of instruction and discipline. The want of superintendence had long been felt. To supply this want, to produce uniform classification, and to add to the general efficiency and usefulness of our schools, the office of Superintendent of Instruction was created/ At the same time there was "conferred upon the Secre- tary of the Board the duties and powers formerly exer- cised by the Acting Manager." The concept, embodied in the above statement, of the superintendent as solely a supervisor of instruction is embodied clearly in the enu- meration of the "Duties of the Superintendent" as set forth in the "School Rules and Regulations, revised and adopted, October, 1856.'" The "Manual of the Board'" as contained in the annual report of the Cleveland Board of Education for 1868-69 enumerates the following pow- ers and duties of the Superintendent: To be the Executive Officer of the Board, To supervise the work of Instruction, etc. To prepare Blanks and prescribe Rules for Reports. Inspect School Buildings, and report condition thereof. Keep the Board advised as to School Systems, etc. To fix and observe office hours. 'Annual Report of the State Commissioner of Common Schools in Ohio, 1854, p. 99-106. ■-'Cleveland, Annual Report, Board of Education, 1855-56, p. 84. •Cleveland, Annual Report, Board of Education, 1868-69, pp. 149-151. 36 tEGAL STATUS OF CITY SCHOOL SUPERINTENDENT* To make reports. To call Teachers' Meetings. To fill Vacancies and make Temporary Arrangements. To fix the Time, Mode and Standards of Examinations. To perform other Duties prescribed by the Board. The relative importance, in the judgment of the board, of their two chief officers, is indicated in their respective salaries :* Superintendent of Instruction, $4000 ; Super- intendent of Buildings, $1800. In the mass of special legislation enacted between 1880 and 1900 under the guise of general legislation for grades of cities in the first class we find Cleveland experimenting with an entirely different sort of city school administra- tion. "The legislative powers and authority" was vested in a school council consisting of seven members, and re- ceiving an annual salary of $260 each. The term of office was fixed at two years. The law also provided for the biennial election by the qualified voters of the dis- trict of a "school director" who should be the executive head of the school system, devote his entire time to the duties of his office, and receive an annual salary of $5000. Among his duties was the following : (Superintendent of Instruction; term, etc.) I. The school director shall, subject to the approval of and confirmation by the council, appoint a superin- tendent of instruction, who shall remain in office dur- ing good behavior and the school director may at any time, for sufficient cause, remove him ; but the order for such removal shall be in writing, ^specifying the cause therefor, and shall be entered upon the records of his office; and he shall forthwith report the same to the council, together with the reasons therefor. The super- intendent of instruction shall have the sole power to appoint and discharge all assistants and teachers au- thorized by the council to be employed, and shall report 'Cleveland, Annual Report Board of Education, 1868-69. HISTORICAL DEVELOPMENT OF THE OFFICE 37 to the school director in writing annually, and oftener if required, as to all matters under his supervision, and may be required by the council to attend any or all of its meetings ; and except as otherwise provided in this act, all employees of the board of education shall be appointed or employed by the school director. He shall report to the council annually, or oftener if re- quired, as to all matters under his supervision. He shall attend all meetinQ:s of the council and may take part in its deliberations, subject to its rules, but shall not have the right to vote. (89 v. J^i)^ This act seems to have been the culmination in Ohio legislation of an ideal of school administration that sub- ordinated the professional school executive to a lay execu- tive elected by the people : and it is typical of a scheme that has carried over into many cities of the country under a commission form of government. In Cleveland it did not last as was noted above in the general legis- lation of 1904. SUMMARY 1. The earlier school legislation delegated the local enforcement of the same to civil authorities, such as the selectmen and grand jurymen of Connecticut, and the township clerk of Ohio. 2. This principle of vesting local civil authorities with the local administration of schools has gradually lost force until in Ohio and Connecticut we find the only trace of it in the control that the town selectmen of Connecticut have over the question of building and the taxing power. 3. The first legislation that sought to create officials responsible solely for local administration and supervi- sion of schools, provided for the election of boards, usually by popular vote, such as the board of school 'Ohio School Laws, 1900, pp. 30-31, (3899-10), Sec. 10. 38 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT visitors in Connecticut and the board of trustees and visi- tors in Cincinnati (special charter 1829). 4. The next step was to empower these boards to ap- point a sub-committee which should be responsible for performing the duties assigned by law to the full board. In Connecticut these were known as the Acting School Visitors. In Cincinnati a similar committee from the functional standpoint was the "board of examiners and inspectors." 5. The powers and duties of these sub-committees gradually crystallized, in various forms, into one official position : — in Connecticut the "Acting Visitor ;" in Ohio the "Acting Manager." 6. In the earlier forms, this one position invariably included the clerical or secretarial duties of the Board. This is illustrated in the clause of the Connecticut law which provides that the board of visitors might appoint one or more of their number as acting visitors, one of whom should be the clerk of the board. The same prin- ciple is illustrated in the reorganization of the Cleve- land board in 1853, which delegated the powers of the former Acting Manager to the Secretary, and created the office of Superintendent of Instruction. 7. The supervisory and executive functions of the com- mittee of one dififerentiated into the office of superintend- ent of instruction. 8. In Ohio the executive functions further differen- tiated into two positions : a director of schools and a su- perintendent. The relative importance of the two is indi- cated in the fact that a director may be elected ; a super- intendent must be. 9. After some trial of almost every possible scheme of local school administrative machinery, in both states, the law recognized the value of small boards, elected at large — this board to appoint the superintendent. HISTORICAL DEVELOPMENT OF THE OFFICE 39 10. The law recognizes the superintendent as a State official, in that it — a. Empowers a centralized State authority to deter- . mine the qualifications for the office and to jud2:e the fitness of each individual. b. Specifies certain duties and responsibilities of the office. c. Assigns to the superintendent duties over which the board of education has no control whatso- ever. d. Holds the superintendent liable to penalty for non-performance of certain specified duties. 11. The Connecticut law has recognized the right of the state centralized educational authority to appoint and dismiss the local superintendent when said State authori- ty is responsible for payment of part of said superintend- ent's salary. Chapter III GENERAL SCHOOL LAWS CONCERNING CITY SCHOOL ADMINISTRATION "In law we have the persistence of parchment, of Latin terms, of obsolete phrases, of seals, of criers, of wigs and gowns." — Ross, Social Control, p. 193. Likewise in the school laws of toda\ we find inter- woven with new concepts old ideas that were written into the law during a pioneer period ; and we find principles of a modern day operating as best they can through an administrative organization that has long outlived its usefulness. The essence of this chapter is tabulated in Chart A of the appendix. The information is taken from the publica- tion of school laws of each state under the date given in the chart. In a few cases where the session laws of each session of the general assembly or legislature of the state were available in addition to the publication of the gen- eral school law, the date on the chart indicates that all laws in force up to and including said date were read and tabulated. Table one indicates the classification of districts in each state and the class or classes of districts to which the data of Chart A and of this chapter apply. Inasmuch as a separate chapter is given to the school laws of the larger and more populous cities of various states, this chapter is devoted to the general legislation applying to the smaller cities. However, in many of the states the class- ification varies for different purposes; and, occasionally, 40 STATUS OF SUPlCRlNTliNDliNT IN 48 STATKS 4I in this study, a principle is tabulated when it applies only to a certain group of the general class of districts under consideration. While certain of these variations are in- dicated in footnotes or in the general discussion of the law, the chief purpose of this chapter is to set forth the general principles embodied in the laws as they concern the relationships and particular responsibility of board of education, superintendent, teachers, municipal civil au- thorities, the public, county officials, and centralized state authority. It should be noted here, also, that certain of the states operate their schools altogether under the county sys- tem, the only schools which are exceptions being those of the cities under special charters. Florida, Georgia and Maryland are striking examples of this organization. They are omitted from this discussion because their coun- ty boards and county superintendents do not fit into a study of the relationships between city superintendent and city board of education. North Carolina, South Carolina and Tennessee constitute a second group whose general legislation for the administration of city schools is quite limited. Louisiana is included in the study, al- though its parish system belongs to the county type rather than to the city type. California, Arizona, and Missouri are typical of a number of states where the county system dominates and where the special needs of cities have been recognized largely through special charter legisla- tion. New York and Pennsylvania have evolved a classi- fication of cities that makes legislation for all cities of any designated class fairly satisfactory. CONSTITUTION AL PROVISIONS "The General Assembly shall establish and maintain an efficient system of public free schools throughout the State." — Virginia, State Constitution, Sec. 129. 42 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT The foregoing is a typical constitutional provision for the public school system of any of the states. For the pur- pose of this study a more specific provision is contained in the State Constitution of Arkansas, Article XIV, Sec. 4: "The supervision of public schools, and the execution of the laws regulating the same, shall be vested in and confided to such officers as may be provided for by the general assembly.'" An interpretation of clauses such as the above is set forth clearly in an opinion handed dow^n by the State Supreme Court of Texas. After quoting from Article VII, Sec. I, of the State Constitution, " It shall be the duty of the Legislature of the State to establish and make suitable provisions for the support and maintenance of an efficient system of public free schools," the court rendered the following opinion, — "This devolves the duty of establishing and maintaining public free schools upon the Legislature, and shows that the function of such es- tablishment and maintenance was to be performed by State agencies . . . . , Though, in a sense, a county officer, and though called 'county superintendent,' he is, in fact, the officer and agent of the State, the State having as- sumed the functions of maintaining public free schools for the education of the children throughout its domain, the counties being recognized with reference to that busi- ness merely as convenient subdivisions of territory, and some of their officers as proper agents for the administra- tion of affairs relating to the public free schools.' From the opinion rendered as stated above it was an easy and most logical process of reasoning that assigned to the city superintendent certain powers and duties there- 'Arkansas School Laws, 1914, p. 33 (7505). 'Texas School Laws, 1917, p. 20. STATUS OF SUPERINTENDENT IN 48 STATES 43 tofore vested in the county superintendent when cities were made free of all county control/ CEASSIEICATION OE CITY DISTRICTS Table I shows the basis used by different states for classifying city school districts ; and also indicates the smallest unit that the states have considered should em- ploy a superintendent of schools. A number of the states not included in the table operate under a county organiza- tion and so have made no provision in the general school law for the administration of city schools. A few. such as New York, classify for certain purposes, but group all of those classes into one class in legislation concerning the duties of the superintendent. The table does not include all states that have classified city districts : but it is typi- cal. It shows that for purposes of legislation city dis- tricts are classified on the basis of average daily attend- ance, pupils enrolled, school population of certain ages, number of teachers, and city population. In Delaware the willingness and ability of the district to meet certain speci- fied requirements determine its operation under the law. The table also shows, not only the classes of districts considered in this study, but, particularly, the minimum size of cities in the states permitted under the law to em- ploy a superintendent. Roughly, these minimum figures are : looo to 5000 population, 20 to 50 teachers, 350 to 500 pupils. If the states not included in the table are considered, also, there seems to be a tendency toward making population the basis of classification for school purposes. ^North Carolina, 1917, p. 59, Sec. 4137. "By and with the consent of the county board of education, the school committees of two or more contiguous districts in any city or town may, by a majority vote of the committee in each district, employ a practical teacher, who shall be known as the superintendent of the public schools of such district, and he shall perform all duties of the county superintendent of public instruction as to such districts. (Italics by the author.) 44 LEGAL STATUS OF CITY SCHOOL SUPE;RINTKNDE;nT TABLH 1. TLASSIFICATION OF CITY DISTRICTS Showiug the basis of classification in certain typical states, the classes of districts chiefly considered in this chapter, and indicating the minlmnm sized cities that are permitted to employ a city school superintendent. Names and definitions of classes considered State Basis of Population chiefly in this study Alabama Population 1st class, 6000 ; 2nd class, 2000-6000 Arizona Average Daily Attendance. 500 or more pupils Arkansas Schiool Pop. 6-21 yrs. of age .5000 or more Colorado School Population 2nd class, 350-1000 pupils Connecticut No. of Teachers ."liO or more Delaware Conforming to Statutory Provisions Special Districts Idaho "Wealth & No. of Teachers Independent, Class A, 20 or more teachers niinois Population 1000-100,000 Kansas ... Population 2nd class, 2000- 15,000 Kentucky . . Population 2nd, 3rd, 4th Classes 2500-100,000 Idaine No. of Teachers 50 or more Montana Population 1st Class, 8000 Nebraska Population 1st Class, 5000 ; 2nd Class, 1000-5000 Nevada No. of Teachers Graded Dist. 10 or more teachers New Hamp-hire ...No. of Teacher.s Supervising Unions, 20 or more teachers Ohio Population Cities : 3000-50,000, 50, 000-150,000, 150,- 000 — Oregon . School Population 1000 or more pupils Pennsylvania Population 1st, 500,000 ; 2nd, 30,- 000-500,000 : 3rd, 5,000-30.000 Utah Population 1st Class ; 2nd Class Vermont No. of Teachers Supervision Districts, 25 or more Virginia Population 1st Class, 10,000 or more Wyoming Population City, 1000 or more people THE SUPERINTENDENT — HIS RELATIONSHIP TO THE ELEC- TORATE — HIS TERM OE OEEICE AND TENURE Table II shows the provision that state legislative bodies have made for choosing city school officials, their term of office, and the authority for removal of the chief executive ofifcer. Omitting the three sta'tes already noted, all of the others have local city boards. In six STATUS OF SUPERINTENDENT IN 48 STATES 45 States these boards are appointed ; in the others they are elected by popular vote. In number they range from 3 to 15 members with the mode at 5 or 6. They serve from 2 to 6 years each with the mode at 3 years. In Virginia the State Board of Education appoints and may remove the city superintendent of schools.' In Delaware the city board appoints the superintendent subject to the approval of the state commissioner of schools.' In New Hamp- shire the city board nominates and the state board upon consultation with the local board appoints.' In Penn- sylvania the city board appoints ; but if one-third of the board and others of the city protest the appointment to the state commissioner he may refuse to confirm the appointment.* In Vermont and Connecticut the state boards of education appoint the local superintendent for certain classes of districts. The usual term for which a superintendent may be elected is one year ; but most of the states have recog- nized the value of a longer time. Four states have made the term definitely four years ; one, three years ; two, two years ; sixteen states permit boards to elect for terms not to exceed two, three, four, or five years, as the case may be; two or three have provided for initial terms of one or two years, and for terms of two, three or four years when reappointed. The underlying principle in de- termining the maximum length of term for which a super- intendent may be elected seems to be the length of term for which a member of the board is elected. In a few cases however the maximum term length is merely an arbitrary figure. 'Virginia Scliool Laws, 1915, p. 7, Sec. 8. .'Delaware, 1919, p. 60, Sec. 137. *New Hampsliire, p. 5, Sec. 9-7. *Penn.. Tlie School Law, 1919, p. 73. Sec. 1141. 46 LEGAL STATUS OF CITY SCHOOL SUPERlN'fENDEN'I* Eh iz; Eh O CM fa o Q o H gS gP i-iO qS 7^ ;q tH £, h b. (3 08 rt k! > O O O o ■' CQ pq m ca CQm 'O 'O "^ ^3 'O *© *0 'O 00000000 c8c€cjcdpc8^tiMQic8c8c8tic8 ooooooooiSoooooo 'E 'r; M I rH Tf ^ r qj-C "O -O TS TS 13 CO CO I ^ I ( XI iH I N CO »OC0 I M 1 1 r ^ t- tH fc. t- (-■in CO CO >H O 6 oooooooo KpqcQCQMMmffl ■a-o-o ■d'a'cra'c!M_„T-,T3T3'a>o'o ooooQooO'Ooooooooo pqpqcQDqfflcQPSWfflHCQHWMWpsaa c3 S P oi 5 (u a> tj ° o o ccco cocococo-^tjhcdco CD —CO CO 10 10 CO CO CO CO CO CO CO CO -to 10 CC m CD CO CO ■<*<■* CO ^ -s o o ■>o OOoOOOOOt, a) (E o >i > tn t, u u o >> o o 3 p p. 0. o o OhPh C 3 o o Oh O Q. a o. cij o. o o o o o PH 111 (L, P3 PH P.P--C'0,D.0.fta3 00. ^000000 li,ft,0(i,pHCupL,(i,o wvjut-i.jOOOO'^O ooooo t,t,t.Ot.s-.t-^-<3«^^S'3f-^'" "*i5"JS.2^'*' o^ °^ "! "* 3 3 3 3 O 3 . W 3 3 3 3 acaaftna ap,aa OOOOC1.00>)0000 H St abama izona kansas lifornia lorado nnectici h-1 m <; „ - t- CO <> o a m "S ■S S '"• § £ S ggQ °^ a 2 « rf: o o cii b(l |-n|°;255§S|.SbS-3gsifl£^is^^Ps:tt.2^| STATUS OF SUPERINTENDENT IN 48 STATES 47 o CM < O Q O Eh H 6 P5 2^ P m Q < o h- 1 < O Q H O Q <: o m s Pi-H C ^ o cS I "O o I o o . ooOOoSoOoS n pq n M n !» pQ ffl c3 w J|;cD M CO CO M M CO CO M- in 50 t- .cococoi Of- h^ 0) .000 ■>>> So Oo CO w ciracSrt^nl'idj'-'cSoicStS '3333 Os'ss j-333 3 a p, o. P. . a a »£• a a ft a OOOO'OOOO— oooo (XOiPHCum&HP'aiOPHpHQHCu 2.5 c« 13 ■<-> C8 CO B C3 fcH »-! ^«Oo 2 3 'i' .a o w ■* i! J3 U) 3 a H rt •- u oj (U •- (>» r-t— a (a o a o on -^ a Ill ga 9 *^ •" (D o C6 6 41 >, •• *^c» 5 fl 0) S - m » -n — CO m <« a "o Ojl CO — o '^ =:2 .a s; o a n *5 . _ a; CD trt O CD CO fc, Z, ■t» 48 LEGAL STATUS OF CITy SCHOOL SUPERINTENDENT With the exceptions noted in Table II the power to remove the superintendent is vested in the city board of education. In South Dakota "he holds his office during the pleasure of the board.'" In Utah he "may be re- moved from his office for cause by the vote of two-thirds of the board. "^ In Minnesota "such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place and object he has been duly noti- fied, with the reasons of such proposed removal, and after an opportunity to be heard in his own defense."* In Massachusetts his removal from office must be by a two- thirds vote of the full membership of the committee (city board of education) and "with the consent of the (State) board of education to such dismissal.'" In Virginia he may be removed by the state board of education "for cause and upon notice."" The Montana law contains a tenure provision for the superintendent — "provided, that after his successive em- ployment he shall be deemed elected from term to term of three years each, thereafter, unless the board of trus- tees shall by a majority of the votes of its members give notice to such superintendent on or before the first of February of the last year of the term of his employment that his services will not be required for the ensuing term. "South Dakota School Laws, 1918, p. 93. Sec. 204. 'Utah School Laws, 1919, p. 945, Sec. 4669. ^Minnesota, 1915, p. 37. Sec. 76-4 (2752). 'Massachusetts, 1915, p. 31, Sec. 44. ^"Virginia, 1915, p. 7, Sec. 8. •'Montana School Laws, 1917, p. 89, Sec. 1500. STATUS 01? SUPERINTKNDKNT IN 48 STATES 49 RELATIONSHIPS OF BOARD OF EDUCATION AND SUPERIN- TENDENT IN THE EXERCISE OF CERTAIN ADMINISTRATIVE FUNCTIONS An examination of the general laws shows five funda- mental conceptions of the relationship that a superin- tendent should bear to the board of education in the exer- cise of the various functions of school administration. (i) First, the responsibility for the exercise of the func- tion is vested solely in the board of education which body has the privilege or is required to elect a superintendent who shall "have a general supervision of the schools. . . . subject to the rules and regulations of the board.'" This relationship is expressed by the figure I in Chart A ; and is the first step removed from the legislation which recog- nized only the one teacher school and the "committee of householders'" responsible for the conduct of school aflfairs. (2) A second fundamental concept is that the super- intendent should be the expert adviser to the board of education. This takes two forms. The first form sug- gests the right of the board to call on the superintendent for assistance or advice. The following from the Rhode Island Law is illustrative — "The superintendent shall give the school committee such assistance as it may direct in keeping its records and accounts and in making such re- ports as are required by law."^ The other form protects the right of the superin- tendent to advise. In a few states the right to advise ap- plies to all functions vested in the board. The Pennsyl- vania law is typical — "The district superintendent shall have a seat in the board of school directors of the dis- trict and the right to speak on all matters before the •South Dakota, 191S. p. 93, Sec. 204. 'Chapter 11, p. 24, The Ohio Law of 1821. ='Rhode Island, 1918, p. R, Chapter 1667, Sec. 1, 50 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT TABLE III. POWERS AND DUTIES OF THE SUPERINTENDENT Enumerating functions in which the superintendent is legally permitted or required to advise the board of education : the board is in no way obligated to follow the advice. FUNCTIONS STATES Attendance, Enforcement of Compulsory Laws Me.. Mass., Mont, N. H., Okla., Oreg., S. Car., S. Dak., Ut., Vt., Wash., Wis., Wyo. Budget, Preparation of Me., Penn. Course of Study, Preparation of Ky., Mass., Mich., Miss., N. Dak., Penn., R. I., Wis. Other Employees Appointment X. T., N. C. Dismissal N. H., N. J. Medical Inspection, Provision for N. D., R. T. Organization of Schools Mich., N. J., Ohio Reports : to County and State Authorities 111., R. I. To Public Mass. Supervision of : Schools in general Mass., R. I. Supplies : Selection of Vt., Wash., Wis., Wyo. Textbooks Idaho, Iowa, Mass., Mich., N. D., R. I. Instructional Penn., R. I., Vt. Other Penn.,R. I., Vt. Teachers Examination Kans., N. J., Ore, S. D., Ut. Wash. Certification Kans., N. J., Ore., S. D., Wash. Appointment Conn., La., Mass., Mich., N. J.. N. D., Penn.. R. I., W. Va. Transfer N. J., Penn. Promotion N. D., Penn. Dismissal La., Mich., N. H., N. J., Ohio. Ore., Penn. •Must have the approval of the superintendent. Pennsylvania, 1919. p. 104, See. 1607 (b). STATUS OF SUPERINTENDliNT IN 48 STATES 5 1 board, but not to vote."* Table III enumerates certain functions and names the states which specifically recog- nize the advisory duties of the superintendent in the exercise of those functions. (3) A third conception of relationship betv»'een the board and the superintendent differentiates their duties and powers on the basis of responsibility for official initiative in the exercise of certain functions. The in- tent of the law seems to be that, in these cases, the power of official initiative should be denied to the board ; and there is a growing tendency to safeguard the superin- tendent's position by expressly stating in the law a denial of the board's right to initiate. Table IV indicates the extent to which the principle has been written into the statutory law. (4) Table V shows that there are a few functions for the exercise of which the superintendent is responsible and over which the local board has little or no control whatsoever. In these cases, the superintendent is directly responsible to a centralized state authority. An interest- ing development of this principle, not indicated in Table V, is taking place in the New England States, which, in certain classes of districts, have made the local superin- tendent in some sense a state official. The following from the Vermont Law is indicative of the operation of the principle.* "The Superintendent shall ascertain whether the re- quirements of this chapter relating to the appropriations and expenditure of money from the town treasury for the support of schools under his charge are complied with; and, in case of noncompliance, he shall bring the matter to the attention of the state's attorney or grand] ury.'' ^Pennsylvania. 1917, p. 71, Sec. 1142. 'Vermont, 1915, p. 34, Sec. 171. 52 LEGAL STATUS 01< CITY SCHOOL SUPfiRINTliNDENT TABLE IV. POWERS AND DUTIES OF THE SUPERINTENDENT Enumerating those functions in the exercise of which the power of official initiative is vested in the superintendent: the board's responsibility being confined to action upon the super- intendent's recommendations. FUNCTIONS STATES Attendance, Enforcing Com- pulsory Attendance Laws Tnd., Kans.. Mich., N. J., N. Y. N. C, Pa., Tenn., Tex., W. Va. Appointment of Attendance Officers Del., Ky., Tenn. Teachers Del., Ky., Me., N. H., N. Y., O. Other Employees Del., Ky., N. H. Budget, Preparation of Del. Building Plans, Preparation of.. Del. Course of Study, Preparation of.. Del., N. Y. Pupils, Suspension of Idaho, Kans., Ky., Mont., Tenn., Vt., Wash. Reports to State or Countv Authorities. .. .Del., Miss. Public .' Del., Conn., Ky., La., Vt. Supervision General Supervision of Schools. N. H., N. Y., N. C, N. D., Ohio, S. D., Va., W. Va., Cal., Del., Kans., Ky., Mich., Mont., Nev. Of Classroom Instruction Del., Ky., N. H., N. Y., N. C, Ohio Supplies : Selection of Textbooks Del., Ky., Me., N. Y., Pa. Instructional Del., Ky., Me., N. Y. Other Supplies Del., Me. Teachers Examination Ark., K}'., N. Y., Ohio, Okla., Wis. Certification Ark., Ky., N. Y., Ohio, Okla., Wis. Transfer Del., Ky., N. Y., W. Va. Promotion Del., Ky. Suspension. Dismissal ..Del., Ky., Mass.. N, Y, STATUS OF SUPERIN^TENDKNT IN 48 STATES ^3 TABLE V. POWERS AND nUTlES OF THf, SUPERINTENnENT Enumerating those powers and duties delegated l)y the various states to the superintendent : the intent of the law apparently be- ing that in these matters tiie superintendent should be respon- sible to a state authority and not to the board of education. FUNCTIONS STATES Directing the activities of at- tendance officers Conn., Ky. Taking the Census Ala., Del., Me. Enforcing Compulsory at- tendance laws Del., Idaho, 111., Ky., Minn. Granting Working Papers Ala., Ark., Ariz., Cal., Conn., Ind., Kans., Ky., Me., Mass., Mich., Minn., Mo., Mont., Neb., N. H., N. Y., N. D., Ohio, Pa., Vt., Wash., W. Va. Reports to County Authorities Minn., Mont., N. J., N. C, Wash. Reports to State Authorities La., Me., Mass., Mich., Minn., N. H., N. J., N. C, Pa., Tex., Va., Vt., Wash., W. Va., Wis., Wyo. Reports to Public Me. Examination and certifica- tions of teachers (local service only) Pa., Wis. Transfer of Teachers Va. .\nother illustration is. "... .The superintendent may give written permission to a teacher to dismiss school for not more than two days whenever such dismissal seems to him necessary or proper.'" (5) A fifth relationship, that is, vesting the power of veto or approval over the actions of the board of educa- tion in the office of the superintendent, finds little place in the general school law of the various states. It would seem that this principle could actually operate only in those states where the superintendent's tenure is largely beyond the control of the board of education. •Vermont, 1915, p. 22, Sec. 111. 54 LEGAiv STATUS OF CITY scHooiv supe;rintb;ndent RELATIONSHIPS OF THE PUBLIC TO THEIR CITY SCHOOL OFFICIALS The older law gave the pubhc a very large control over the conduct of their school officials. As the New England influence moved westvi^ard, the town meeting became the annual school meeting and still holds a place in the law, particularly, in the law applicable to rural and village schools/ Table VI shows a few remaining influences of the earlier democratic control. TABLE VI. POWERS OF VETO AND APPROVAL VESTED IN THE PUBLIC Enumerating those functions, and the states concerned, in the exercise of v^^hich the school authorities must submit their pro- posals to the public for acceptance or rejection by popular vote. FUNCTIONS STATES Budget Ark., Me., Neb., N. H., R. I. Taxation, Increasing rate above statutory limits, or for some special service Kans., Ky., La., Miss., Mo., Mont., Neb., N. C, N. D., Ohio, Okla., Pa., Tex., Utah, Wash., W. Va., Wyo. Buildings and Grounds Purchase and sale of Ky., Mass., Mich., Minn., Mont, Neb., Nev., N. M., Okla., Ore., R. I., Vt., Wash., Wyo. An interesting illustration not given in the table is the New Jersey law, applicable to all districts employing supervising principals, which requires the board of edu- cation to submit their annual estimate or budget to the electors at the annual meeting.^ A form of immediate public control that has remained and in some respects has grown in favor is indicated in Table VII. This influence is usually exercised through the medium of a petition. An illustration of this principle is con- 'For example see Iowa School Laws, 1919, Annual Meeting, 2829, 2836, 2837. 2778, 2811, 2746, 2747. "New Jersey, 1918, p. 54. S«c. 109. STATUS OF SUPERINTENDENT IN 48 STATES 55 TABLE VII. INITIATORY POWERS OF THE PUBLIC Enumerating a few functions illustrative of the three degrees of action that public initiative, usually exercised through a peti- tion, may compel a board of education to take. Functions Initiative is Granted to the Public; and— (u w. p .- T) x .- s > 55 • M ^ 1/3 , , U5 H ^ '^ cj J- •- .Si .„' C o. rt Establishment of Evc- ing Schools Ind. O., Pa., N. H. la. Wis. Purchase or Sale of grounds Mont. Establishment of Com- munity Centers or Use of Schools for Community Center Work N. H. Ind., Mich., Ohio Wis. Okla tained in the Missouri law : — "Special school meetings for the transaction of business authorized, .... Shall be called by the board when a majority of the qualified vo- ters of the district sign a petition requesting the same, and designating the purpose therein for which said meet- ing is desired.'" In most cases a petition from a much smaller proportion of the voters registered at the last general election is sufficient to require action by the board ; in New Jersey a petition signed by 50 voters can bring action on any matter under the jurisdiction of the board ;' in other cases five per cent, of the voters/ 10 of the legal voters," "15 per cent, of the qualiHed electors"^ . . . .are sufficient. ^Missouri. Revised Statutes 1909, Vol. 3, Ch. 106, p. 3351, Sec. 10799. 2New Jersey, 1918, p. 58, Sec. 116X. ^Illinois, 1919, p. 36, Sec. 1-2. ^Colorado. 1917, p. 62, Sec. 123. ^Connecticut, 1916, p. 64, Sec. 205. 56 LKGAL Status of city school superintendent TAlll.i: \III. MKTHOUS OF KEEPING THE PUBLIC INFOKMED ]N RECARI) TO THE WORK OF THEIR BOARD OK EDUCATIOM Code for Interpretation of Tabic 1. The exercise of the function is required of the board. 2. Required of the board with the advice of the superintendent. Required of the superintendent subject to the approval of the board. Required of the superintendent. 3- 4- 5? Oh CQO ^ , -o ■ o-S •^ u O iS ll, sec. 1. STATUS OF SUPERINTlvNDENT IN 48 STATES 69 perintendent than in the earher law, — He "shall, under oath, file with the commissioner of education — each year — , a statement containing such data as may be neces- sary for the purposes of. .this act" '" The independ- ence of the city superintendent from the county super- intendent in making' reports is indicated in the Wisconsin law which requires that in all cities having a city super- intendent of schools and not under the jurisdiction of a county superintendent of schools, the city superintendent shall make the annual report required — directly to the state superintendent.^ Table VIII indicates the responsibility that has been placed on the superintendent for reporting to the public. The laws of Connecticut and Maine illustrate two de- grees of this responsibility : — The superintendent "shall, one week at least before the annual town meeting, submit to the board or to the committee, as the case may be, a full written report of his proceedings, and of the condition of the several schools during the year preceding, with plans and suggestions for their improvement."^ "At the annual town meeting, the superintendent shall make a written report of the condition of the schools for the past year, with a statement of the condition of school buildings, the proficiency made by the pupils, and the suc- cess attending the modes of instruction and government thereof."' Rules and Regulations Authority to formulate rules and regulations is, with one or two exceptions, vested in the board of education, usually with the proviso that they shall not be inconsistent with those established by the state authority.* A few of "Mass., 1916. p. 32. Sec. 8. p. 34. Sec. 15. 'Wisconsin, 1915, p. 288, Sec. 464. 'Connecticut. 1916, p. 41, Sec. 125. 'Maine 1917, p. 31, Sec. 59. 'Oregon, 1910, p. 51, Sec. 133. yo LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT the western states have definitely placed the power of initiative in the office of the principal or superintendent for making "such rules and regulations as he may deem proper in regard to the studies, conduct and government of the pupils under his charge.'" The superintendent's responsibility for enforcing the rules and regulations is specially expressed in the laws of a number of the states (See Chart A). Supcrvisioyi The Mississippi law requires the school trustees "To visit every school in their district at least once in each month, and examine carefully into its management, con- dition and wants."' Wyoming is less exacting in that the monthly visitation shall be done by a committee appointed by the board from their own number.^ The specific obli- gations of the board when they visited the schools and the intimation that they might need assistance in the per- formance of such duties is indicated in the following: — "Said board shall also, separately or collectively, to- gether with such persons as they may appoint or in- vite, visit the schools in the district at least twice a year, and observe the discipline, mode of teaching, progress of pupils, and. see that the teachers keep a correct register of the pupils .... the branches taught, and such other matters as may be required by law or by the instructions of the state superintendent."* Montana limits the supervisory duty of board members to one visit, each term, to every school." The requirement coordinates nicely with the provision that the superin- tendent shall have supervision of the schools of the dis- trict under the supervision of the board of trustees."" 'Kansas, 1917, p. 144, Sec. 411. See also Iowa, 1919, p. 85 Sec. 2732. Wyominr, 1919, p. 70, Sec. 228. •Mississippi, 1918, p. 39, Sec. 4525-g. ^Wyoming, 1919, p. 41, Sec. 123. ^Arkansas, 1914, p. 147, Sec. 7685. •Montana, 1917, p. 56. Sec. 508-18. iOMontana, 1909, p. 89, Sec. 150. STATUS OF SUPERINTENDENT IN 48 STATES 7I Whereas the laws of Montana and Arkansas indicate that the supervisory powers and duties of the superin- tendent developed as a means of relieving the members of the board ; the law of Pennsylvania indicates another process of development, — "The duties of district super- intendents shall be the same as those now required of county superintendents.'" The gist of his supervisory duties is : "To visit personally as often as practicable, the several schools. . . .under his supervision, to note the courses and methods of instruction and branches taught, to give such directions in the art and methods of teaching in each school as he deems expedient and necessary.'" In Delaware one of the requirements, in order that a town or city may be independent of the county superintendent, is that the superintendent of school shall have at least one- half of his entire time free for supervision.' The changing social conditions brought about by the Great War placed in the statutes of Nebraska a new and far-reaching power of the city superintendent." "The City Superintendent of the city where any private, denominational or parochial school is located, shall inspect such school and report to the proper of- ficers any evidence of the use of any text-books or of any activities, instruction or propaganda therein sub- versive of American institutions and republican form of government or good citizenship or of failure to observe any of the provisions of this act.'" While the above provision was the result of the tense feeling of a war period, it is indicative of the light in which city superintendents may be held by legislatures when there is urgent or strong need for supervision of educational procedure. iPenn., 1919, p, 73, Sec. 1143. apenn., 1919, p. 68, Sec. 1123. ^Delaware, 1919 p. 160, Sec. 122-5. ♦Nebraska, Session Laws, 37th Legislature, p. 7, Sec. 6. 72 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT Supplies and Textbooks The law governing the selection of text-books is closely parallel to the laws governing the preparation of courses of study (See Chart A). There is a tendency to give teachers and superintendent a good deal of responsibility in the selection of instrumental supplies ; and in only two states does the superintendent have other than advisory powers in the selection of supplies for non-instructional purposes. Those states that have state adoption usually make provision for local authorities to select from the state lists.' The superintendent has various relationships to the board in the selection of textbooks. In Iowa "The board of education may, to the end that they may be fully advised, consult with the city superintendent or other com- petent person, with reference to the selections of text- books.'" The Massachusetss law requires that the super- intendent shall recommend text-books to the school com- mittee.^ The Vermont law gives the superintendent a veto power in that "The board of school directors shall, subject to the approval of the superintendent, select the textbooks, appliances and supplies to be used in the public schools of the town.'"* The Washington law provides for a text-book commission in "each school district of the first division," which consists of city superintendent, ex- officio chairman, two board members designated by the board, and two lawfully qualified teachers employed in the district and designated by the board. It is the duty of the board of directors to require the introduction and use of all textbooks lawfully adopted by the commission.' The Pennsylvania law makes a dififerent provision for teacher •Wyoming, 1919, p. 12, Sec. 25. Colo., 1915, p. 151, Sec. 1750. Oregon. 1919, p. 98, Sec. 302-4. •Iowa, 1919, p. 79, Sec. 2828. ^ass., 1914, p. 3.3, Sec. 2. «Vt., 1915. p. 29, Sec. 139. 'Was-hlaEton, 1917, p. 106, Sec. 381. STATUS OF SL'PKKIXTENDKNT IN 48 STATES 73 initiative in their selection of textbooks and safeguards the superintendent's authority. The law provides that the "superintendent. .. .shall report in which subjects new textbooks are needed, and after consultation with the teachers under his supervision, what textbooks should be adopted or changed, and unless by a- two-thirds vote of the board an adoption or change of textbooks shall not be made without his recommendation." '" TEACHER® — EXAMINATION AND CERTIFICATION Of all the functions of city school administration, that of exatiining and certificating teadiers is farthest re- moved from the absolute control of the board of educa- tion. Chart A shows to what extent the state dominates and also the responsibility fixed by law in many of the states on the city superintendent. Only in the larger cities does the board have any degree of independence from the state authority. The Colorado law specifies that "School boards, in districts of first class, (1,000 or more pupils) have entire control of the examination and licens- ing of applicants to teach in their districts."" The tra- ditional influence of a law that once empowered local boards with the sole authority for the exercise of this function appears in the Illinois law which authorizes boards of education in cities of 1,000 to loo.ooo popula- tion "To examine teachers by examinations, supplemen- tal to any other examinations." * A procedure common to several of the state laws is given in the South Dakota code. . . ."The board shall also appoint two competent persons who, with the superin- tendent as chairman, shall be styled the committee of the board of education." ' In some cases the examining "Pennsylvania. :919, p. 56, Sec. "03. "Colorado. 1917, r. 12.?. illllnnfs, 1916, p. 10, Sec. 127-3. 'S"uth Dakcta. IPIS. p. ns. Sec. 204: Oklahoma, 1919, p. 2S Sec 133. 74 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT committee issues the certificate ;' but usually the exam- ining committee recommends to the board of education, which body issues the certificate. In certain of the states the law specifies that the members appointed by the board shall be residents of the city "having- practical experience as teachers * or teachers serving full time in the city schools/ In Oregon city districts of the first class the law requires that the board of examiners created by the board of education shall have the city superintendent as a member; and the county superintendent as ex-officio chairman." The transfer of the exercise of this function from the office of the county superintendent to the city superin- tendent is seen in the Arkansas law, — "The superintendent of the city schools in any such city, duly elected as such by the school board, shall have the authority and perform the duty of a county examiner as provided by law." ^ In Texas the city board of examiners consists of the superintendent and two teachers appointed by him.' A few states make the city superintendent practically inde- pendent of the board in the exercise of this function. In Wisconsin cities of the third and fourth class "It shall be the duty of the city superintendent of schools. . . .to examine and license teachers.^ In Pennsylvania "The . . . .superintendent shall conduct the examinations of teachers for provisional and professional certificates,"" and may issue such certificates subject to the provisions of the law." Usually, when the local city board of education has little or no control in this matter, the action of the ^South Dakota, 1918, p. 93, Sec. 204. ^Washington, 1917, p. 128-130, Sec. 396-401. "Ohio, 1915, p. 313. Sec. 7838. "Oregon, 1919, p. 98, Sec. 302-5. ^Ark., 1914, p. 76, Sec. 7559-u. 'Texas, 1917, .pp. 54-55, Sec. 103. 'Wisconsin, 1915, p. 277, Sec. 458-0. loPennsylvania, 1917, p. 72, Sec 1148. "Pennsylvania, 1917, p. 75, Sec. 1302; p. 76, Sec. 1300-1307. STATUS OF SUPERINTENDENT IN 48 STATES 75 superintendent is subject to review by the state executive officer." Usually the certificate issued by the local board authori- ties is valid only in the district where issued; and there is a growing tendency to further restrict the issuance of certificates by city school authorities. The Kansas law indicates two types of restriction. Quoting from the law : first, "Cities of the first and second class must recognize certificates and diplomas issued by the State Board of Education and the State Normal Schools ;" second, "After September i, 191 6, such certificates (those issued by city authorities) will be valid only in Elementary Schools." " TEACHERS — APPOINTMENT While the majority of the states merely authorize and empower city boards to employ teachers,' there is a con- siderable recognition of the need of vesting the initiative of this duty in the office of the superintendent. The Mass- achusetts law requires that "The superintendent of schools shall recommend teachers to the school committee."' Table III shows how many states have vested the super- intendent with this advisory power. Louisiana requires that, "The board shall select such teachers from nom- inations made by the parish superintendent;" but, pro- vides "That two-thirds of the full membership of the board may elect teachers without the endorsement of the superintendent." ' Table V enumerates the states which have attempted by law to vest the sole power of initiative for the selection of teachers, in the office of the city super- intendent. In North Carolina the superintendent "must meet with committee for election of teachers, and such "See references II above; also Ark., 1914. p. 76, Sec. 7559-u. "Kansas, 1917, p. 31, Sec. 55 ; p. 49-50, Sec. 117, >See Chart A. 'Mass., 1902-1914, p. 33, Sec. 2. 'Louisiana, 1916, p. 115, Sec. 7. •jd LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT election must have his approval.* A new venture of the State is seen in the provision of the Vermont law, — "The state board of education shall appoint the teachers for vocational courses in senior high schools." ° TEACHERS — TRANSFER AND PROMOTION On these two functions the law usually is silent ; and where the power is not specifically mentioned, it is as- sumed that such power is vested in the board of educa- tion to be exercised or delegated as the board sees fit. A few of the states" have specifically placed the power of initiative in these matters in the office of superintendent ; and in Virginia "Tlie division superintendent in cities shall have exclusive authority to assign to their respective positions all teachers and principals employed by the school board and to reassign them at his discretion ; pro- vided, that no change or reassignment shall affect the sal- ary of any teacher.' TEACHERS — SUPERVISION AND DISMISSAL Those states which vest the board of education with authority to dismiss teachers usually safeguard the teach- er's rights by requiring that the charges be reduced to writing and that the teacher have the right to be heard before the board, usually with counsel.* A further safe- guard is indicated in the Massachusetts law which pro- vides that a teacher cannot be dismissed unless "the super- intendent shall have given to the school committee his recommendations as to the proposed dismissal." ' Table IV names the states that have recognized the influence that the city superintendent should have in the control of the initial step of dismissing a teacher. The Oregon 'North Carolina, 193 7, p. 58. Sec. IX. 'Vermont, 191.5, p. 41, Sec. 11. •See Table IV. 'Virginia, 1915, p. 191, Sec. 92, 'Iowa, 1919, p. 42. Sec. 2782: Ohio, 1915, p. 246, Sec. 7701. 'Mass., 1914, p. 26, Sec. 2. STATUS OF SUPKRINTENDKNT IN 48 STATES 5^7 law introduces distinct features. Charges against a teacher on the permanent Hsf shall be preferred by the superintendent either upon his own motion or upon the complaint or criticisms made in writing and filed with him: these written complaints must be signed. In the latter case if the superintendent refuses to act, the com- plainant may take the case directly to the board. The board must notify the teacher in writing of the charges ; the teacher may require hearing to be public or private, and may have counsel ; and may appeal from the board's decision within 20 days to the Commission. This Com- mission consists of three members appointed by the pre- siding judge of the circuit court.'' In Missouri the board of education has no power to dismiss a teacher ; but may prefer charges against the teacher with the county superintendent who may revoke any county cer- tificate or recommend the revoking of any State certifi- cate.' In a few cases, the right of local officials to dis- miss a teacher is subject to appeal and final decision by a state authority." THE SUPERINTENDENT AND HIS ASSOCIATE EXECUTIVE Four states permit the board of education to appoint a second executive officer who shall have charge of the business affairs of the schools, who is largely independ- ent of the superintendent and whose powers and duties are defined by law." A few of the states specify that cer- tain of these duties may be delegated by the board to its ck(itk ;or secretary. The laws of several states an- yone who has served two full school years. Oreson, 1919 n 111 Sec 360. ^ i. . . ^'Oregon, 1919, pp. 111-112. Sec. 359-364. Data applies to cities of 2000 or more population. 'Missouri, 1917, p. 20, Sfc. 107S8 ; p. 132, Sec. 10945. '' ',"/■'"; '? ?^ P-'rchase of land, the directing ot the makins of repairs. "Appi^ovaf vliw-l. „ ^ includes (a) Approval of routine matters, e. g.. approval of bills. I'hi ItiKht of re- vIew-B.s a means of checking or guiding future action of executive ofBcers. (c) The settlement ..f (luestlons on appea . ■•Participate" Is uwd herein to Include any recorded judcinent of teachcis for the information and possible guidance ..f superintendent, of toard of c,lucati..n or both ™ '" '" JUDGMIJNT OF LEADERS AS TO LEGAL STATUS lOI The judgment was sought of members of boards of education, of superintendents, and of other educational leaders prominent because of their influence in shapini^: thought on school administrative problems. The "form" was mailed to 136 superintendents and other educational leaders ;' 105 replies were received. The first hundred to come in were tabulated, the last five were omitted ; their inclusion would have had little or no effect on the results as given. Of the 100 men whose replies were used, 91 were city superintendents, and the others were either university teachers of school administration or members of state departments of education. With possibly one or two exceptions all of the non-superintendents had at one time or another been city superintendents. The super- intendents represented cities in size from 2500 to nearly a million and from IJ states of the Union. The "form" was also mailed to 100 other superintendents with a re- quest that they ask their board of education or a member of the board to check it and return it ; also the Secretary of the State Federation of School Boards of Xew Jersey mailed copies to about 50 boards of education, asking that some member check the same and return to the writer. Forty-seven replies were received from the first group and nine from the second. These were tabulated to- gether. Only 51 were checked and one of these being checked only for "approval" was omitted ; the remainder wrote their opinions or judgment on the back of the "form." The replies received represent cities of varied size from 15 states. The data from professional and 'Three factors determined the selection of men asked to contribute to the study : — (a) Their experience and reputation for having helped build suc- cessful school systems. ('TO Representative cities from each of the 4S states. W) Representative cities ranging in population from 5000 to more than a million. I02 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT TABLE XXV. RESPONSIBILITY FOR OFFICIAL INITIATIVE Showing the per cent, of loo educational leaders who would vest the sole power of official initiative: (a) in the superintend- ent, (b) in the board of education, (c) in both board and superintendent, (d) in teachers, and (e) the per cent, not checking for initiative. Administrative Per cent, who would vest the sole functions power of official initiative in Supt. Bd. and and Appointment of : a. Assistant Supts. b. Business Manager c. Secretary to Board d. Principals e. Teachers f. Janitors g. Clerks h. Attendance Officers i. Health. Recreational Social Workers Transfer of: a. Teachers, Principals b. Health, Recreational Social Workers c. All other Employees Dismissal of: a. Teachers, Principals and Asst. Supts. b. Health, Recreational and Social Workers c. All other Employees Preparation of the Budget Attendance : a. Taking of Census b. Enforcing of Compulsory Attendance Laws Buildings and Grounds : a. Purchase and Sale of 45 b. Preparation of Plans for Construction 69 c. Supervision of Construction 42 d. Rent 48 e. Maintenance — Repairs 63 91 Bd.& Teach- Non- Supt. ers Class'd 93 62 28 "i 7 24 67 9 97 98 3 2 72 89 12 2 16 9 94 2 4 95 5 99 I 95 76 I 10 A. 14 89 3 76 6 3 82 2 I 78 16 88 6 2 35 It IS 15 I IS 41 I 16 32 I 19 .2 J 3 - 13 JUDGMENT OF LEADERS AS TO LEGAL STATUS I03 Administrative Per cent, who would vest the sole functions power of official initiative in Supt. Bd. Bd.& Teach- Non- Supt. ers Class'd 7. Curricula: Determination of: a. Subjects to be included Q5 . . i . . 4 b. Content of Subjects 85 . . 2 85 8. Making of Rules and Regu- lations Governing a. Routine Matters of School Procedure b. New Policies 9. Selection of : a. Textbooks b. Instructional Supplies c. Other Supplies ro. Direction and Supervision of a. Medical Inspection b. Class Room Instruction c. Civic Center Activites d. Evening Schools e. Continuation Schools lay leaders will be treated first separately, and then to- gether or in contrast. In using a questionnaire two difficulties are manifest: (i) the one who checks to show his judgment may not be entirely clear as to the meaning of any particular item of the "form;" (2) the author may not read aright the judgment or opinion which the person who checked wished to convey. In order to safeguard against this second danger as far as possible, an attempt was made to analyze the replies in as much detail as possible and in the terms or wording of the questionnaire. This analysis is contained in the Code for Tabulating Form i, and is given in the appendix with Table C which shows in de- tail the distribution of opinion of educational leaders con- cerning the responsibility for the exercise of each of the 35 fiinctipns named. 91 I I 2 5 79 9 12 87 6 7 87 7 6 79 '6 I 14 89 I 2 8 91 3 6 82 I 2 2 13 88 I I 10 87 I I I 10 I04 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT RESPONSIBILITY FOR OFFICIAL INITIATORY ACTION The first question to be considered is whether the re- sponsibiHty for officially initiating" action in the exercise of each function should be vested in the l)oard of educa- tion, in the office of the superintendent, in both, or in the teaching stafif. Table XXV gives the answer of the edu- cational leaders to this question for each of the sub-items in each of the ten functions listed on the questionnaire. The third column of Table XXV shows very little tendency to make both superintendent and board respon- sible for initial action ; the chief suggestion of such a ten- dency is in the initiating of new policies. With the exception of the appointment of business man- ager, secretary to the board, and janitors, and the various functions pertaining to "buildings and grounds" more than seventy-five per cent, would place the power of ini- tiating action solely in the office of superintendent. In fact, 90 per cent, or more would vest the superintendent with the sole power for officially initiating" action in the exercise of the following functions : — 1. Appointment of assistant superintendents, principals, teachers, attendance officers, health, recreational and social workers. 2. Transfer of teachers, principals, assistant superin- tendents, health, recreational and social workers. 3. Dismissal of teachers, principals and assistant super- intendents. 4. Determination of subjects to be included in the cur- ricula. 5. Making of rules and regulations governing routine matters of school procedure. 6. Supervision of classroom instruction. Table XXV-A gives special consideration to those JUDGMENT OF LEADERS AS TO LEGAL STATUS I05 TABLE XXV-A. INITIATORY POWERS OF THE BOARD OF EDUCATION Showing the apparent uncertainty that exists among education- al leaders as to where the responsibility should be placed for taking official initiative in the exercise of the eight functions on which there was less than 75 per cent, agreement. Per cent, of judges who would vest the power of official initiative in : vSupt. P.d. of Ed. Supt. & Unclass- Bd. ified Appointment of : b. Business Manager 62 28 I 9 c. Secretary to Board 24 67 9 f. Janitors 72 12 16 Buildings and Grouiuis a. Purchase and Sale of 45 35 5 15 b. Preparation of plans for Construction 6 73 T 26 b. Health, Recreational and Social Workers c. All otherEmployees 4. Preparation of the Budget 5. Attendance : a. Taking of Census b. Enforcing of Compulsory Attendance Laws 6. Buildings and Grounds a. Purchase and Sale of b. Preparation of Plans for Construction 3 34 ^-^ 14 49 S upt. Inil Bd.Init. ■>:- Bd. Ap. Supt.Ap. C After Before B'f Ex. V Exe. Exe. n (A) (B) (AB) '/•' 22 61 83 17 II 41 52 17 31 4 13 17 17 66 38 45 83 17 50 33 83 17 - 38 29 67 1 2 21 48 31 7') 5 16 39 38 77 1 22 and 41 40 81 19 and 60 14 74 26 and -5 47 72 2 26 25 37 62 5 33 10 53 63 2 35 36 22 58 8 34 48 13 61 3 36 20 20 24 56 JUDGMENT OF LliADERS AS TO LIvOAL STATUS IO9 Functions Administrative c. Supervision of Construction d. Rent e. Maintenance — Repairs 7. Curricula: Determination of a. Subjects to be included b. Content of subjects 8. Alaknig of Rules and Regu- lations governing a. Routine A'latters of School Procedure b. New Policies g. Selection of : a. Textbooks b. Instructional Supplies c. Other Supplies 10. Direction and Supervision of : a. Medical Inspection b. Classroom Instruction c. Civic Center Activities d. Evening Schools e. Continuation Schools The last column includes all c;i.ses where the sole exercise of a func- tion was vested in one party, either board of superintendent, and all other cases where there was no check for "approval" or where the idea of "approval" was not delegated solely to either the board or superin- tendent. In the exercise of three functions, half or more of the judges would give the superintendent power to initiate and execute subject to the board's approval after execu- tion. These are : the appointment of teachers ; the trans- fer of teachers, principals and assistant superintendents ; and the transfer of health, recreational and social work- ers. A majority would vest the superintendent with power to initiate but subject to the board's approval be- fore execution in the following : the appointment of as- sistant superintendents ; the dismissal of teachers, prin- cipals and assistant superintendents ; the preparation of Bd. . \p. Supt.Ap After Before ; B-f Ex. Exe. Exe. "^ (A) (B) (AB) Supt. Init. Bd.Init. ■T 9 25 34 21 45 4 32 36 17 47 11 29 40 ID 50 48 34 82 18 40 24 64 36 46 26 1^ 28 19 55 74 26 44 26 70 2 28 47 22 69 2 29 41 23 64 9 ^7 40 28 68 32 40 1-' 52 48 29 34 ')3 2 35 31 44 75 25 31 44 75 25 110 LEGAL STATL S OF CITY SCHOOL SUPERINTENDENT the budget ; the introduction of new poHcies. The com- bined figures of columns A and B show that, with the ex- ception of the appointment of secretary to the board and of the five items under buildings and grounds, a majority of the lOO would place the power of initiative in the office of superintendent ; and the power of approval in the board of education. RESPONSIBILITY FOR EXECUTIVE ACTION Table XXVIII shows the distribution of check marks for execution of each function. Neither board nor super- intendent has a majority of votes for executing the fol- lowing: Appointment of business manager, Preparation of the budget, Making maintenance-repairs. A majority would give the board of education power to execute in the : Appointment of secretary to the board, Purchase, sale and rent of buildings and grounds, Preparation of plans for new construction, Supervision of construction. For all the remaining functions a majority would vest the superintendent with all executive functions. • THE JUDGMENT OF MEMBERS OF BOARDS OF EDUCATION The returns from members of boards of education showed less consensus of opinion than the replies from superintendents and other educational leaders.* A few of the replies came unchecked. One of these ex- pressed clearly and tersely an opinion that seems to be held quite generally and is still a basic principle in the laws of many of the states. The paper reads,. . . ."I. . . . return the blank with the observation that I think the superintendent should legally be the employee of the 'Compare tables D and C (appendix). JUDGMENT OF LEADERS AS TO LEGAL STATUS III TABLE XXVIII. RESPONSIBILITY FOR EXECUTIVE FUNCTIONS Showing the per cent, of lOO educational leaders who would: (a) vest the superintendent with sole executive powers; (b) vest the board of education with sole executive powers: (c) who did not check blank for executive phase of the function. Administrative Executive powers arc Non- 'Functions vested in : Classified Supt. Board 1. Appointment of a. Asst. Supts. 63 12 25 b. Business Manager 43 28 29 c. Secretary to Board 13 63 24 d. Principals 68 12 20 e. Teachers 70 11 19 f. Janitors 56 15 29 g. Clerks 66 11 23 h. Attendance Officers 64 15 21 i. Health, Recreational and Social workers 68 n 21 2. Transfer of : a. Teachers, Principals and Asst. Supts. 86 3 II b. Health, Recreational and Social Workers 82 5 13 c. All other Employees 65 12 23 3. Dismissal of: a. Teachers, Principals and Asst. Supts. 56 23 21 b. Health, Recreational and Social Workers 57 21 22 c. All other Employees 53 21 26 4. Preparation of the Budget 41 24 35 5. Attendance: a. Taking of Census 58 24 18 b. Enforcing of Compulsory Attendance Laws 66 20 14 6. Buildings and Grounds a. Purchase and Sale of 17 68 15 b. Preparation of Plans for Construction 27 50 23 c. Supervision of Construct. 29 54 17 d. Rent 27 51 22 e. Maintenance — Repairs 33 46 21 112 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT Administrative Ex( jcutive power are Non- Functions vested Supt. in : Board Classified 7. Curricula: Determination of a. Subjects to be Included 8i I i8 b. Content of Subjects Si I i8 8. Making of Rules and Regu- lations Governing a. Routine Matters of School Procedure 78 5 17 b. New Policies 66 3 31 9. Selection of : a. Textbooks 71 8 21 b. Instructional Supplies 74 6 20 c. Other Supplies 6o 14 26 10. Direction and Supervision oi t : a. Medical Inspection 70 8 22 b. Classroom Instruction 78 I 21 c. Civic Center Activities /I 6 23 d. Evening Schools 70 7 23 e. Continuation Schools 70 5 25 School Committee and should act as its agent in per- forming the functions placed under his management by the School Committee, and that neither the superintend- ent nor the teachers should perform any functions ex- cept as directed generally or specifically by the School Committee." The statement implies what another mem- ber puts in words, namely, "It is well, however, for the board to give the Superintendent a wide scope of au- thority with the privilege of withdrawing same if abused." POWERS EXERCISED INDEPENDENTLY Twenty-five per cent, or more of the board members would make the board of education solely responsible for:— 1. The appointment of business manager, secretary to the board of education, janitor and clerks. 2. Taking the census. JUDGMENT 01' LEADERS AS TO EEGAL STATUS II3 3. Buildings and grounds : — Purchase and sale of Preparation of j^lans for new construction Supervision of new construction Rent and repairs. The functions enumerated above are with one addition the same as enumerated in Column B, Table XXIX which shows the judgment of a majority of board mem- bers as to where the responsibility for official initiative should be placed. POWERS OE APPROVAL An analysis of the data of Table D shows that from 34 to 88 per cent, of the board members failed to check the respective items for approval. Twenty-eight per cent, would make the board responsible for "preparation of plans for new construction" subject to the approval of the superintendent. But in no other function was there any tendency on the part of the board members to make their action subject to the superintendent's approval. Table XXX enumerates the functions for the exercise of which a majority of board members would make the superintendent responsible for taking the ofificial initia- tory action subject to the board's approval either before or after execution. RESPONSIBILITY FOR EXECUTIVE ACTION Current educational literature assumes that the super- intendent is the executive head of the school system ; but as yet the assumption is an ideal that is only partially verified by fact or practice. The truth of this latter statement is indicated in Table XXXI which shows that the majority of members of boards of education consider the superintendent as being responsible for executive action in the exercise of onlv certain functions 114 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT TABLE XXIX. RESPONSIBILITY FOR OFFICIAL INITIATIVE Enumerating the functions, in the exercise of which, 50 per cent, or more of the 50 school board members would place the power of official initiative in (A) the superintendent's office, (B) with the board of education. (A) Per Cent Appointment of: Assistant Superintendent 66 Principals 82 Teachers 84 Clerks 54 Attendance Officers 74 Health Recreational and Social Workers 52 Transfer of : Instructional Staff 88 Health, Recreational and Social Workers 74 Dismissal of: Instructional Staff 84 Health, Recreational and Social Workers 72 All other Employees 54 Enforcing Comn. Att. Laws 66 Curricula: Determination of Subjects to be In- cluded 86 Content of Subjects 78 Making of Rules and Regu- lations Governing: Routine Matters 88 New Policies 62 Selection of : Textbooks 84 Instructional Supplies 86 Other Supplies 76 Direction and Supervision of Medical Inspection 68 Classroom Instruction 88 Civic Center Activities 86 Evening Schools 82 Continuation Schools 74 (B) Per Cent. Appointment of : Business Manager 60 Secretary to Board 74 Janitors 50 I^uildings and Grounds Purchase and Sale of 76 Preparation of Plans 50 Supervision of Construc- tion 66 Rent 60 Maintenance Repairs 54 JUDGMENT OF LEADERS AS TO LEGAL STATUS II5 TA.BLE XXX. POWERS OF APPROVAL Enumerating those functions for whose exercise 50 per cent, or more of the board members would give the board of education power to approve the action of the superintendent either before or after execution of the act. (A c h 4J u c ♦i bc.^ ^ > 'C ^ 'V y. fl*> C.3 ? a. a. U 0. !hi initi xec a. 3 s .,_. 0; "' -^ 4) Function • 03 u a •a u nS ore snden es. tingui ween and '■J bef inti cut C <« -ir! 00 be Appointment of : Principals 14 40 54 Teachers 20 32 52 Transfer of: Teachers, Prin., etc. 24 34 58 Health Workers, etc. 20 30 50 Dismissal of: Teachers. Principals 8 46 .54 Curricula, Determination of Subjects to be included 28 30 64 Content of Subjects 26 30 56 Selection of : Textbooks 30 32 62 Instructional Supplies .10 22 52 Supervision of: Civic Center Activities 28 36 64 Evening Schools 20 32 52 The following" table shows, first, that for 15 of the 35 functions enumerated in the questionnaire, the majority of the 50 board members have no clearly defined attitude as to where executive responsibility should be placed. Sec- ondly, the data show that the majority would limit the superintendent's executive responsibility to certain func- tions closely related to instructional activities ; and would hold the board of education responsible for execu- tive action concerning all functions closely related to financial or material aspects of the school activity, e. g.. appointment of janitors, preparation of the budget and Il6 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT TABLE XXXI. RESPONSIBILITY FOR EXECUTIVE ACTION Enumerating those functions for which 50 per cent, or more or the 50 board members would make (A) the superintendent or (B) the board of education responsible for executive action. Functions Per cent, who would vest executive responsibilitv in (A) Supt. (B) Bd. of Ed. Appointment of: Business Manager Secretary to Board Janitors Clerks Transfer of : Teachers, Principals, etc. Preparation of Budget Taking of Census Building and Grounds Purchase and Sale of Preparation of Plans Supervision of Construction Rent Maintenance — Repairs Curricula, Determination of • Subjects to be Included Content of Subjects Making Rules and Regulation- Governing Routine Matters Selection of : Textbooks Instructional Supplies Supervision Classroom Instruction Civic Center Activities Evening Schools repairing of school property. Insufficient as the data from only 50 board members are, yet they are enough to indicate the necessity of determining just where respon- sibility for such action should be placed. TEACHER PARTICIPATION The questionnaire defined Participate — "to include any' recorded judgment of teachers for the information and' possible guidance of superintendent, of board of educa- 62 68 50 S6 .54 5- 90 76 68 74 62 54 58 58 74 70 56 ■ JUDGMENT or LKADERS AS TO LEGAL STATUS II7 TABLE XXXII. TEACHEK PARTICIPATION. Naming the functions in the exercise of which, 25 per cent, or more of either group would approve teacher participation. Per cent, of pro- Per cent, of lay ["unrtinns fessional leaders leaders favoring favoring partici- Teacher Participa- pation lion Preparation of the Budget -'' GOVIvRNMENT INVOLVED I3I responsible for appointing the membership of the board. Such an arrangement would relieve school authorities from the necessity of year after year fighting for the es- sentials that the school must have or to save programs that are definitely established and accepted ; on the other hand, it eliminates the danger of an extravagant board's levying a tax that would seriously handicap the city ad- ministration, and confines argument concerning school ex- penses to the questions of new extensions or to the reten- tion of services which have had time to prove their worth or defects. RELATIONSHIP OE BOARD AND SUPERINTENDENT TO THE PUBLIC Too much legislation in America has been directed through fear of public officials rather than toward help- ing such officials give a maximum service to the public. We need legislation that will create a tradition of con- fidence in public servants and at the same time protect such confidence from exploitation. Such traditional faith in public servants can be built up only through a scheme of complete publicity that will remove all doubts on the part of the public, and all temptation toward questionable or secretive dealings on the part of officials. The ideal will be difficult to attain ; but certain legal provisions will tend to build up such public confidence. ( I ) All board meetings should be open to the public — all regular meetings should be held at a place and time known generally to the public. Special meetings should be limited to specific purposes stated clearly in the an- nouncement of meeting — such announcement to be pub- lished or posted in public places at least 24 hours before such' meeting. Limitations on such meetings should provide for temporary solutions by executive officials that would hold only till the next regular meetings. It is 132 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT doubtful, in the majority of instances, whether "executive sessions" of the board are of real value. (2) All official proceedings of the board should be pub- lished. (3) Minutes of the board should be kept in the super- intendent's office and should be open during office hours to the public. This provision should require that all questions passed upon by the board be presented in writ- ing; and that the vote of each member be recorded. (4) The superintendent should be required to report, subject to the board's approval, annually or oftener, as to the (a) Condition and needs of the school. (b) Progress of the school.- (c) Proposed policies or programs. (d) Achievement of programs previously proposed. (5) Financial reports, and proposed budgets in de- tail should be published on or before a certain specified date, and hearings held at which any citizen might speak, or be informed concerning any item of the proposed bud- get. (a) When the board is elected by popular vote, any proposed expenditure requiring tax rate beyond fixed limits, should be submitted to public vote for approval. (6) Removal. Where elected by public vote, board members should be subject to removal through the "re- call." (7) A petition signed by 10 per cent, of the registered voters of the city should be sufficient to cause board and superintendent to take action on any proposal submitted to them through such petition. PRINCIPLES OF GOVERNMENT INVOLVED I33 RELATIONSHIP OF BOARD AND SUPERINTENDENT TO EX- ECUTIVE AND SUPERVISORY OFFICERS, TEACHERS, AND OTHER EMPLOYEES There is no argument except tradition for a dual ex- ecutive authority over the schools. Such dual authority is due to the fact that municipal authorities gave over last of all to the board of education control of material aspects of the schools, and in turn, board members have maintained their hold on these school affairs long after they realized that they could not perform the duties de- volving from instructional affairs. When cities grew too large for board members longer to attend to the execu- tive duties, it was but natural that they should delegate the work they looked upon as specially theirs to a desig- nated official directly responsible to the board itself. An- other factor contributing to such a development, no doubt, was the fact that superintendents received no training for the purely business affairs of the school other than what they learned from actual experience. This being the case, board members usually had quite as broad and oft- times a broader experience than the superintendent, with the result that they discounted his ability successfully to direct the purely business affairs of the schools. These conditions, however, are giving way to a new order. The purely business affairs of school administration affect directly the instructional activities of the school. The quality of supplies, every detail of the school build- ing, the character of soil, size and form of the school site, the character and quality of clerical help employed, the efficiency of janitor work — in fact every detail of the varied and intricate administration of the physical school plant affects directly or indirectly the quality of class- room instruction. Educational leaders, cog-nizant of these facjs, have developed graduate eourses in univer- 134 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT sities for training superintendents and others for the ad- ministration of these purely physical aspects of the school plant. Such courses go into every aspect of school finan- ces, buildings, equipment and supplies, forming of the budget, and preparing plans for new construction. The result of this development is that the superintendent can now obtain technical training in every phase of school administration, and ultimately the public will choose men who have the technical training in addition to the prac- tical experience. Since the business affairs of the school are intimately a part of the instructional affairs, since the training of school superintendents includes both business and in- structional technique, the desirability of having all execu- tive authority centered in one officer is apparent. The officer now known in some states as business manager, should be made an assistant superintendent in charge of business affairs. The office heretofore known as secre- tary to the board of education should be abolished and the duties of said office be transferred to the office of secre- tary to the superintendent. The superintendent and the board constitute one body or authority ; their powers are not dual but unified ; therefore their secretarial duties should be unified and under one head. The only reason for existence of a secretarial force is directly or indirectly to promote the instructional work of the school ; directing such secretarial force is primarily an executive function, therefore the chief secretary of the schools should be con- sidered an executive officer, responsible directly to the superintendent of schools and through him to the board of education. The work of all executive and supervisory officers of the school should be coordinated and under the direction and supervision of the superintendent. Through him, should pass all communications between the board PRINCIPLES OF GOVERNMENT INVOLVED 135 on the one hand and school officers, teachers, and em- ployees on the other. Such centralization of authority, however, does no n.ean creating- the possibility of an ^^'^'/^''l '^'^^''''2 school administration. The powers and duties of each office or type of position should be dehned m outline by law and in detail by rules and regulations of the board, (chlnging- such rules should be possible only under care- fully specified conditions). The superintendent should have a council composed of members representing executive and supervisory of- ficers teachers, and other employees. These representa- tives should be in close contact with every member o the school group. Its power should be advisory only , bu eveiT quesrion of policy formulated by the supenntenden should be the result of conference with his council. The lutes of the meetings should be --f d and its min^ ority reports should be filed and should go to the board with the majority report if the minority so desired. Tenure ought to be secured without the alternate dange of fixing incompetent people in important positions. Alter a probrtional term, reappointment should be autornatic. Notice of non-appointment should be subject to the de- mand for a hearing based on written charges. The term for all executive officers should be for the same period as superintendent and board members. RELATIONSHIP OF BOARD AND SUPERINTENDENT TO EACH OTHER — THEIR POWERS AND DUTIES I Appointive. In late years, school law has recog- nized the necessity for making the superintendent respon- sible for finding and recommending suitable teachers^ to ihe board. This means that no candidate for a teaching position can be considered by the board unless first nom- inated by the superintendent. The boards power is con- 136 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT tilled to approval or rejection of the superintendent's re- commendation. This plan has certain advantages over the older law that placed the appointive power directlv in the board of education, (i) It relieves board mem- bers from the necessity of having- to consider many ap- plications of persons totally unfit for teaching positions. (2) It insures the public that the one person most direct- ly responsible and, all things considered, the best fitted, namely, the superintendent, shall pass favorably upon every candidate before there is any possibility of that candidate's being appointed. (3) The superintendent knowing that he, and not the board, must assume respon- sibility for any failure on the part of teachers will naturally exercise greater care than if he could shift the blame to the board of education. When it is admitted that the superintendent can and should be held responsible for the direction and super- vision of all activities pertaining to the schools, then it is necessary that his appointive powers be extended to include all workers in the school system. Obviously, he cannot secure most efficient service un- less his control aiTects the original appointments, trans- fers, dismissals and promotions. The application of this principle includes in addition to principals, supervisors and teachers, the appointment of all officers and employees concerned with the physical school plant ; attendance, health, recreational, social and clerical workers. The question arises as to whether the same relation- ship in appointive powers should hold between the board and superintendent for all grades of positions. Three main grades of positions have developed in the law: (i) executive and supervisory, (2) teachers and positions of equivalent grade, (3) other employees. The first includes assistant superintendents, btisiness manager, PRINCIPLES OF GOVERNMENT INVOLVED 137 secretary, chief engineer, principals, heads of medical in- spection, nursing, recreation, attendance, etc. Positions equivalent in grade to teachers include all positions re- quiring equivalent experience and training. All remain- ing positions are classified under "other employees." The first responsibility for administration of any policy or program recommended by the superintendent and adopted by the board, rests with executive and super- visory officials : these should be most responsive to need of change of policy as dictated by public opinion ex- pressed at the polls or through appointment to the board of education. For this group of appointments, respon- sibility should rest on the board and superintendent. The superintendent should nominate, and after the board's approval of such nomination should appoint. The same rule or procedure should apply to the appointment of teachers with this exception — boards should be permitted to delegate the full power of appointment of teachers to- thc superintendent, subject only to his reporting all such appointments to the board at its next regular meeting. All other employees should be appointed by the super- intendent and a full report of such appointments made to the board at its next regular meeting. Civil service rules should apply to this class of employees ; where civil service does not apply, the superintendent should pre- pare rules concerning all phases of the appointive powers ; such rules should be approved by the board of education and by the state centralized educational authority. Transfer — The power to transfer officers, teachers, and other employees, to positions of the same grade, rank and salary should rest solely with the superintendent. Transfers to positions of diflferent rank, grade or salary should be subjejct to the same requirements as those gov- erning original appointments or to the rules and regula- tions of the civil service. 138 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT Promotion — Should be controlled by the rules govern- ing original appointments. Suspension — Should rest with the superintendent on his own motion or in approval of motion made by re- sponsible subordinate officer. Dismissal — For officers and teachers, final power of dismissal should rest with the board. All charges should come before the board through the superintendent and in writing. Such charges should be made by the superin- tendent on his own motion ; or, if made as an appeal from the superintendent's decision, they should be accompanied by a brief setting forth his reasons for such decision. A copy of said charges and notice of leaving should be pre- sented to the party concerned ; said party should decide whether or not each party should have counsel at such hearing. If the board sustains the superintendent's recommendations, the decision should be final. If the board does not sustain the superintendent's recommenda- tion, said party should have the right to appeal to the state commissioner of education whose decision should be final. Dismiss.al of "other employees" should be subject to rules and regulations of the civil service ; or such sub- stitute rules as are suggested above under rules for ap- pointment. All appointive powers of the superintendent should be exercised by and with the advice and consultation of sub- ordinate executive officers responsible for the immediate direction and supervision of such teachers, workers or employees. (2) Budgetary Powers. This power afifects the efficiency of every single phase of the school activity. An older theory assumed that direct representatives of the people should control the purse strings ; and that ex- ecutive officers should make the best of whatever amounts PRINCIPLES OF GOVERNMENT INVOLVED I39 might be allotted to them. Certain conditions and fac- tors have tended to counteract this older theory, (i) Board of education members when appniaching the bud- get problems are under many and different forms of pressure, so that they are not always able to give unbiased thought and judgment to the many problems involved. (2) City schools are so expensive and their work so far- reaching, that any party responsible for preparing the school budget, needs the most accurate and technical in- formation possible to attain. (3) The state now requires certain minimum essentials for each city school system and needs one official on the grounds technically equipped to safeguard the state's interest. (4) Cities have found that short-sighted and bungled budgetary or financial programs have proved most costly in the end, and are dis- posed to obtain the best advice and fullest publicity for the same. The superintendent should be responsible for prepara- tion of the budget. As expert and professional advisor of the board the superintendent is in position to collect and obtain the facts which the board needs for exercising their best judgment. Likewise he is best fitted to know and to plan for meeting the requirements of the state. The ad- vice and cooperation of all groups of workers should be utilized by the superintendent in developing his budgetary program. Such advice and cooperation should be ob- tained through the superintendent's council. Minority reports of this council should be available for the consid- eration of the board. The budget prepared by the superintendent should itemize the appropriation required for each service, and compare the same with the appropriation and expenditure for the two preceding years, and for any other years that might be deemed advisable. It should also give reasons 140 IvEGAt STATUS OF CITY SCHOOL SUPERINTENDENT for increase or decrease, or for inclusion or exclusion of any item as compared with the two previous budgets. (i) Such information gives the board a sound basis- for exercising their judgment. (2) It compels the superintendent and his associates to think ahead, plan far-reaching programs, and to check scientifically the results of each school program under- taken. (3) It is the basis for full publicity, and when pub- lished keeps the public informed, interested and in sym- pathy with the varied school program. When the budget as presented by the superintendent is not approved, the advice and objections of the board should be reduced to writing; and the budget should be revised by the superintendent with the advice and cooper- ation of his associates. While the necessity for final decision rests on the direct representatives of the people, the above provision reduces the probability of hasty ac- tion, and gives all parties concerned the advantage of having the best thought and advice of those directly re- sponsible for the administration of the budget. (3) Compulsory Education. Responsibility for en- forecement should rest entirely on the superintendent. The board of education should be responsible for appoint- ing such officials and employees as will enable the super- intendent to perform his duties. Enforcement of com- pulsory education is strictly an executive function. Suc- cess of administration depends upon promptness. School law generally has designated the superintendent as the local agent who should exercise this power. Continuation school programs and child labor legisla- tion make it all the more necessary that the local admin- istration of school attendance should be centered in re- sponsible offices and subject only to the appellate jurist PRINCIPLES OF GOVERNMENT INVOLVED I4I diction of state centralized educational authority or ad- ministrative courts. The state is directly responsible for the education of all children and for the eradication of illiteracy. State officials obviously cannot cover ef- fectively and efficiently every district of the state without enormous expense. Consolidation of enforcement of all phases of school attendance in local offices means econ- omy and efficiency in execution. The basis of all compulsory attendance enforcement should be a continuous school census. Either the super- intendent should be given assistance needed to keep such a census in connection with the school attendance bureaus, or the law should require police departments and health bureaus to obtain and supply such information to the office of city school superintendent. (4) Direction and Supervision. Responsibility for direction and supervision should be lodged in the superin- tendent of schools and his associate executive and super- visory officers — their action subject to the approval of the board. To place, legally, the responsibility for direction and supervision of any school activity in the board of edu- cation, implies giving the board an executive function, for which it is neither fitted or prepared, nor capable of exercising. The superintendent and his associate executive and su- pervisory officers should keep the board fully informed and advised as to policies, programs, needs, conditions, and progress of their various activities ; and should at regular board meetings, give through the superintendent, such additional information as the board might request. Such full reports give the board members a more intelli- gent background for judging the directive and supervi- sory work of their appointed officials than they could gain from occasional visits. Further, such reports give the 142 LEGAL STATUS OP' CITY SCHOOL SUPERINTENDENT board opportunity to advise as to continuance, or redirec- tion of policy, and to give directly expression to such pub- lic opinion as they may be in contact with. In extreme cases, this provision would give the board a veto power over such directive and supervisory activity as it might consider questionable from the standpoint of the best in- ests of the school. (5) Rules and Regulations — New Policies — Deci- sion as to rules and regulations concerning details of school procedure should rest with the superintendent, ad- vised by his executive council, in so far as such decisions concern primarily executive phases of policies already adopted. New policies or change of policy should come about in either of two ways: (i) The superintendent acting with the advice of his council should recommend in writing such change of policy to the board of education ; with the approval of the board such policy should become a part of the school procedure. (2) The board should have the privilege of proposing new policies. Such pro- posal should be submitted to the superintendent who, with the advice of his council, should report in writing to the board at its next regular meeting his recommendations concerning such proposal. After due consideration, final decision should rest with the board. Such a provision safeguards the public in three ways: (i) It looks to the superintendent, the best pro- fessional authority of the city, for the formulation of all school policies. (2) It gives the representatives of the people power to formulate and enforce new policies in conformity with public opinion, in case the superintendent should seem to stand in the way of progress. (3) It re- duces the possibility of haste and lack of thought in grafting new policies on to the school system and re- quires that the proposal shall pass under the scrutiny and I'RIXCIPLliS OF GOVERNMENT INVOLVED I43 Stand the recorded judgment of those responsible for ad- ministering it. RELATIONSHIP OE CITY DISTRICT TO THE COUNTY The county superintendent and city superintendent should be, in the law, officials of equivalent grade and re- sponsibility. In the older law, before cities were con- solidated and city superintendents considered strong ex- ecutives, the county superintendent was considered a state official responsible for administration of state law in a limited section of the state. His chief function was the administration of state funds. His other functions, ap- plicable to cities, have largely been given over to the city superintendent. Distribution of state funds for cities should be made directly to cities through the city super- intendent or treasurer of city schools. RELATIONSHIP OF STATE TO CITY SCHOOL ADMINISTRATION Superintendent. The state board of education should approve rules and regulations for determining the qualifi- cations and qualities necessary for certification and en- dorsement of superintendents for dififerent grades of su- perintendencies. The state is definitely interested to know that the schools of each city shall be administered as well as they can be. The people of each city want to know that the quahfications of the man or woman who shall head their school system has been adjudged satisfactory by an authority competent for such responsibility. The state commissioner should have the power of veto or ap- proval of all appointments of superintendents made by boards of education. The state is responsible for the education of the chil- dren of the state. There must be an agent in each dis- trict of the state responsible in some measure to state authority. Historically and logically, the superintendent meets the requirement. Yet, the provision still leaves the 144 tK(JAL STATUS OF CITY SCHOOL SUPERINTENDENT local representatives responsible for selection and initial approval of the appointee. Approval of local initiative. The state educational de- partment should have power of approval over: school sites, plans for new construction, curricula, and new de- velopment of school activity. Such procedure provides: (i) that local initiative is safeguarded and that each city has opportunity to develop along lines that are best suited to its own peculiar con- ditions ; (2) that the people of each city are assured that in the development of all fundamentally essential school programs, their local officials will have the advice and counsel, and if necessary the check, of a more respon- sible educational authority. Certification of Teachers. The state should have power to certificate all teachers; and such certificate should be valid in any school district of the state. The city super- intendent should have the privilege of adding an oral examination as a further means of selection. (i) The state is interested, first, to assure itself that each teacher of the state meets all requirements set by the state. (2) To make teaching a profession, to insure that capable men and women enter and remain in the profes- sion, it is necessary that teachers be relieved from the petty annoyances of taking varied and ofttimes unreliable sorts of examinations. The oral examination, amounting to a systematized form of interview, permits local au- thorities to select from a list of applicants according to their special needs. The state centralized educational authority should have appellate jurisdiction over all legal questions provision for whose settlement is not definitely placed on local officials. Many disputes that now disrupt local administrative PRINCIPLES OF GOVERNMENT INVOLVED I45 organizations could be settled happily, if legal procedure required the participants to place their case before an authority capable of making a wise decision. Decision in such cases becomes a question of administrative law, so that a judge versed thoroughly in school law and its administration should prove a better adjudicator of such questions than the general courts. The state commissioner or superintendent should have power to remove local officials after a hearing; and should have power to withhold state funds where fault is due to public negligence. If the state is responsible for compelling cities, if need be, to maintain certain specified minimum standards, then the state authority must needs have some means of enforcing such requirements. The removal of officials who are incompetent, wilfully negligent, or who refuse to enforce the law, is one means that should rest with the state commissioner. Where the public opinion of a community forces its representatives to adopt a school program that does not meet the mini- mum requirements set by the state for cities of that class, the state commissioner should be empowered to withhold funds and to compel the levying of a local tax that would meet the requirements of the school. CONCLUSION "Public law is the body of rules inherently necessary to the organization and management of certain services. Statute. .. .is the organic rule of a service or body of men. An administrative act is always an act made in view of the rule of service Social evolution is of infinite complexity and indefinite duration : law is no more than its protective armament. The generation that went before believed that its system of law was definite and final. Let us not commit a like mistake. Our own system represents but a moment of history ; and before it has been finallv builded the keen observer will 146 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT note its transmutation into a newer code. The genera- tion that is to come will be happy in so far as it is able in better fashion than ourselves, to achieve freedom from its dogmas and prejudices." — Duguit, Laiu in the Modern State* In America, the various states are responsible for edu- cation within their borders. The laws of a state deter- mine in a large measure, the machinery, the responsibility and the limitations of school administration in its cities. The study of the development of school law in Connecti- cut and Ohio and the review of the late school laws of the 48 states reveals the fact that much of the present school law is the result of experience in days gone by and does not meet the needs of our modern cities. The entire dis- cussion of this study has aimed solely at the public wel- fare, at the formulation of an organic rule of service that will tend to mould public opinion and enable school ad- ministrators to perform their administrative acts always and only in view of the rule of service. A review of the facts set forth shows that : — a. Responsibility for local administration of schools was first vested in municipal or civil officers who had been chosen primarily for the performance of other duties. b. Gradually, as schools developed, responsibility for direction and supervision of instructional activities was vested in officials whose sole public responsibility was limited to the schools. c. These lay boards were given power to delegate their responsibility to small committees or to a committee of one. d. This one official developed into the professionally trained executive known in every state as the city school superintendent. ♦Translation by Laski. PRINCIPLES OF GOVERNMENT INVOLVED 14? e. As society adds more and more responsibility to the public school system, the need of better trained and more responsible administrative leadershii) of schools is recog- nized. f. This responsible leadership should extend to all phases of school activity ; all dual responsibility should be eliminated. g. The laws governing school administration should be formulated to build up this responsible leadership and so safeguard the public interest. It, then, behooves all interested in public education, both laymen and professionally trained school men and women to lead public thought in regard to schools, out of the thought channels cut by the necessities of the log school house and the exigencies of ward politics into the formu- lation of a new set of rules whereby every school admin- istrative act shall be judged solely by the service it ren- ders the public. These new rules of service formulated— they should receive the sanction and protective armament of the public law. The service rendered by the schools of tomorrow will be directly proportional to the ability of the schools of today to achieve freedom from the limita- tions and prejudices bequeathed from the schools of yes- terday. BRIEF OF A PROPOSED LEGAL STATUS FOR THE CITY SCHOOL SUPERINTENDENT A. CONTROL OF SCHOOLS Responsibility for local control and administration of city schools should be vested in a superintendent and board of education. B. THE BOARD OF EDUCATION Membership. The board should consist of five mem- bers, chosen from the city at large. Term. Their term should be five years, one member being elected or appointed each year. Removal. Board members should be subject to re- moval, under specified conditions by : a. The "recall" when elected by popular vote. b. The mayor when appointed by him. c. The state commissioner of education upon wilful and intended violation of the law or rulings of the state board of education. Organization. The board should have a president and vice-president elected from its membership ; there should be no standing committees ; all business transacted should be by the board as a whole. General powers and duties. The veto and approval of administrative acts and policies should be vested in the board of education. C. THE SUPERINTENDENT Qualifications. The superintendent should have had ex- perience as teacher and principal or supervisor under a county or city superintendent ; should be a graduate of a four-year approved college and have had at least one year of graduate training, — such work to have consisted of 148 PROPOSED LEGAL STATUS OF SUPERINTENDENT I49 courses in school administration, supervision and kindred educational courses. Appointment. He should be appointed by the board of education subject to the approval of the state commssion- er of education. Term. His term should be for not less than three nor more than five years.' Tenure. After his second appointment to the same position, the superintendent's reappointment should be automatic unless either the board or superintendent should serve notice to the other at least six months pre- ceding the date of the close of contracted term that said party proposed to terminate such relationship. Powers and duties — general. The initiatory and execu- tive phases of all administrative functions should be vested in the superintendent and his subordinate executive officers. The superintendent should have power under rules and regulations approved by the board to delegate any of his powers and duties to his associate or subordi- nate executive and supervisory officers. D. POWERS AND DUTIES OE THE BOARD AND SUPER- INTENDENT Appointment. — Executive and Supervisory Officers. The superintendent should nominate to the board, and when the board approved, should appoint, or should appoint subject to the board's approval: Teachers, and other workers of equivalent training — The above provision should hold with two exceptions : ( I ) the board of education should have the legal right to delegate the power of appointment to the superintend- ent, subject only to his reporting such appointments to the 'Board members are elected for five years. The superintendent's term should not be longer than that of a board member. Three years is (he time required to change the majority of the board mem- berthip. t50 LEGAL STATUS 0? CITY SCHOOL SUPERINTENDENT board at its regular meetings; (2) in nominating or ap- pointing, the superintendent should first consult and ad- vise with the principal or other executive officers chiefly responsible for directing the work of such appointee. Other emploj-ees. Should be appointed by the super- intendent, either on his own motion, or in approval of recommendations made by responsible subordinate execu- tives, — such appointments to be reported to the board at its next regular meeting. Transfers. In all positions of the same grade or rank — to be made by the superintendent; — transfers to posi- tions of different grade or rank to be subject to the rules governing original appointments. Promotion. To higher positions under same rules as for original appointment. To higher salary schedules, under such rules controlling salary schedule and budget as had been adopted by the board upon the written re- commendations of the superintendent. Dismissal. For officers and teachers power of dismis- sal should be vested in the board. All charges should come before the board through the superintendent and in writing, accompanied by the latter's recommendations. In case of disagreement between board and superintend- ent, the final power of decision should rest with the state commissioner of education. Budget. The superintendent, with the advice and as- sistance of his subordinate, should be responsible for pre- paring the budget, submitting it to the board for approval, and for formulating any revisions that the board might find necessary. Buildings and Grounds. Purchase and sale of build- ings and grounds should be negotiated by the superin- tendent in person or through his assistant superintendent PROPOSED LEGAL STATUS Ot SUPERINTENDENT Igl in chargfe of business affairs, subject to the advice and approval of the board. Maintenance repairs should be made under the direc- tion of the superintendent or his assistant superintendent in charge of business affairs. Repairs requiring" capital outlay should be made upon the written recommendations of the superintendent sub- ject to the approval of the board. The superintendent should be responsible for having drawn up under his direction all plans for new con- struction, such plans to be subject to the approval of the board and of the state commissioner of education. The superintendent either in his own person or through his assistant superintendent in charge of business affairs should be responsible for supervision of new construction. Attendance. The superintendent should be respon- sible for directing a continuous census, and for enforcing the compulsory attendance and child labor laws ; the board of education should be responsible for providing such help and assistance as is needed for carrying on these duties. Rules and regulations governing routine matters should be determined by the superintendent by and with the ad- vice and assistance of his associates. New policies involving capital outlay or radical change of school procedure should be prepared by the superin- tendent with the advice and assistance of his associates, subject to the approval of the board of education. Curricula. The various curricula including the sub- jects to be taught in each, the time to be allotted, and the credit to be given, should be determined by the superin- tendent with the advice of his associates, subject to the advice and approval of the board of education and the approval of the state commissioner of education. 152 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT The content of each subject should be determined by teachers and supervisory officers subject to the approval of the superintendent. Textbooks and Supplies. Textbooks and instructional supplies should be chosen by the superintendent with the advice and assistance of teachers and supervisory officers. All other supplies should be chosen by the assistant superintendent in charge of business affairs, with the ad- vice and assistance of his subordinates, and subject to the approval of the superintendent. Direction and supervision. Subject to rules and regu- lations prepared and submitted by the superintendent and approved by the board, the superintendent should be re- sponsible in person or through his assistant executive and supervisory officers for the direction and supervision of: a. Health work in the schools. b. Civic center or recreational and social activities. c. Evening and continuation schools. d. Classroom instruction. e. Research work. E. RELATION OF BOARD AND SUPERINTENDENT TO EXECU- TIVE AND SUPERVISORY OFFICERS, TEACHERS AND OTHER SCHOOL EMPLOYEES Unified executive control. Executive control of all school affairs, e. g., secretarial, business, health, recrea- tional, research and instructional activities, should be vested in the superintendent. There should be no dual executive authority. The superintendent's Council. The council should consist of such representatives from supervisory, teach- ing and other employee groups, as might be determined by those groups with the approval of the superintendent and board of education. The members of the council, not PROl'OSKD LKCAL STATUS OF SUPCRINTUNDIvNT 1 53 ex-officio, should be selected from the respective groups by the majority vote of those groups. The superintendent should advise with this council in determining all questions of policy, but the ac- tion of the council should be advisory only, and in no way compulsory as to the superintendent's decision. The minutes of the meetings of the council should be recorded and should be open to all school officers, teach- ers, other employees, and board of education. Concerning questions going before the board of educa- tion both the majority and minorit}' recommendations of the council should go to the board, when such majority or minority so desire. F. REI.ATIONSHIP OF BOARD AND SUPE;RINTE;NDENT TO OTHER MUNICIPAL OFFICERS Within reasonable tax limits fixed by legislative enact- ment, the board of education and superintendent should have complete control of the school budget and fixing of the tax rate. New building programs or extensions of school service requiring a tax rate in excess of the limits fixed by law should be subject to the approval of the mayor or com- mission only in those cities where the board of education is appointed by said mayor or commission. G. RELATION OF BOARD AND SUPERINTENDENT TO THE PUBLIC All board meetings, regular or special, should be open to the public. Minutes of the board should be kept on file in the superintendent's office and open to the public. All official proceedings of the board should be published" Where the board of education is elected by popular vote the board and superintendent should have full responsi- bility for the budget within limits fixed by statute. Amounts in excess of these limits required for extensions 154 LEGAL STATUS OF CITY SCHOOL SUPEIRINTENDENT of school plant of service should be subject to the approval of the public at a regular or special election. The proposed budget, each year, should be printed and distributed to all voters and taxpayers, and a public hear- ing should be held by the superintendent and board. Reports. The superintendent and board should keep the public thoroughly informed as to the policies of the school, its conditions, needs and progress. Petitions. A petition signed by ten ( lo) per cent, of the legal voters of the city should be sufficient to require the superintendent and the board to take action on the subject of the petition. H. RELATIONSHIP OF BOARD AND SUPERINTENDENT TO CENTRALIZED STATE EDUCATIONAL AUTHORITY It should be the duty of superintendent and board to enforce the state school laws and the rules and regulations of state educational authorities which have the force of law. The state authority should have the right to prescribe minimum essentials for the state at large or for cities or schools of the same class or type: but in every case the centralized state authority should encourage local initia- tive, and should exercise its power primarily through veto or approval of local plans. The board and superintendent should have complete control of the city schools subject to the state laws, and rulings of the state commissioner and board of education having the force of law. APPENDIX CODE SHOWING LEGAL RESPONSIBILITY FOR THE EXERCISE OF THE FUNCTIONS OF CITY SCHOOL ADMINISTRATION (As stated in the laws of the 48 states of the Union). See Charts A and B in pocket in back of book. 1. The exercise of the function is delegated solely to the board of education. 2. Initiative is permitted to or required of the superin- tendent ; but the board of education is free to act in- dependently of his advice. 3. Initiative is required of the superintendent ; the board of education can act only on the superintendent's re- commendation. 4. The exercise of the function is delegated solely to the superintendent. ip, 2p, 3p, or 4p — Provision i, 2, 3, or 4 above, subject to the approval of the people. im, 2m, 3m, or 4m — Provision i, 2, 3, or 4 above, sub- ject to the approval of some phase of the municipal government. ic, 2c, 3c, or 4c — Provision i, 2, 3, or 4 above, subject to the approval of county authorities. IS, 2s, 3s, or 4s — Provision i, 2, 3, or 4 above, subject to the approval of the state authorities. It, 2t, 3t, or 4t — Provision i, 2, 3, or 4 above, but also providing for participation by teachers in the exer- cise of the function. C. The exercise of the function is delegated solely to the county authorities. 5. The exercise of the function is delegated solely to state authorities. T. The exercise of the function is delegated solely to the teachers. P. Initiative is granted to the public. CODE FOR TABULATING FORM NO. i See Tables C and D in pocket in back of book. o. Blank, No answer. *i. Supt. is solely responsible; board of education has no responsibility. . 2. Supt. initiates, executes, subject to board's approval after execution. 3. Supt. initiates, executes, subject to board's approval before execution. 4. Supt. initiates and approves ; board executes. 5. Supt. initiates ; board executes, or approves and ex- ecutes. 6. Supt. initiates ; board approves before execution — no provision for execution. 7. Supt. initiates ; board approves after execution — no provision for execution. 8. Supt. executes ; board approves before execution — no provision for initiation. 9. Supt. executes; board approves after execution — no provision for initiation. 10, Supt. initiates — no provision for approval or exe- cution. *ii. Board is solely responsible; supt, has no responsi- bility, 12, Board initiates and approves; supt. executes, 13, Board initiates and executes; supt. approves. 14, Board initiates ; supt. approves and executes. ♦Includes Ihose cases where only mark after a function was placed in "execute" column. N. B. — When both columns for approval by board were checked, credit was given for "approval before execution" only. 156 APPENDIX 157 15. Board initiates; supt. approves— no provision for execution. 16. Board executes; supt. approves— no provision for initiation. 17. Board initiates— no provision for execution or ap- proval. 18. Teachers initiate; supt. approves or approves and executes; board has no responsibiUty. 19. Teachers initiate; supt. and board approve; supt. executes (or execution blank). 20. Board and supt. initiate ; supt. approves ; board exe- cutes, 21. Board and supt. initiate; board approves; supt. ex- ecutes. 22. Board and supt. initiate; board executes— no pro- vision for approval. 23. Board and supt. initiate: supt. executes— no provi- sion for approval. 24. Board and supt. approve— no provision for initia- tion or execution. 25. Miscellaneous. a — Teachers may initiate. b — Teachers may participate, ab— Teachers may initiate and participate. BIBLIOGRAPHY HISTORICAL DEVELOPMENT OF CITY SCHOOL ADMIN- ISTRATION Cousin. Public Instruction in Prussia, 1835. (Translated by Sarah Austin) Hoyt and Ford. John D. Pierce. A Study of Educa- tion in the North West, 1905. Barnard. The Old Hartford Grammar School. Mead. The Devclopmetit of free Schools in the United States. Connecticut Common School Laws, 1841, 1843, 1846, i860, 1868, 1879, 1886, 1896, 1904, 1910, 1912. Connecticut, Fourth Annual Report of the Secretary of the Board of Commissioners, 1842. Common School System of Connecticut. Reprint from North American Review, April, 1842. Circular concerning Alterations in the School Laws, to School Visitors and Others. New Haven, 1856. Prize Essay on the necessity and means of improving the common schools of Connecticut. The Consolidation of School Districts. A tract for the times in Connecticut. Educational Tracts, No. i. Hinsdale, M. L. Legislative History of the Public School System of Ohio, 1902. Washington, Government Printing Office. Ohio School Laws, 1865, 1880, 1900, 1904, 1915. Advance Sheets of Ohio School Laws, 1919. Ohio, 1854. Annual Report, State Commissioner of Com- mon Schools. 158 DIBUOGRAPIIY 159 Cleveland, Board of Education, Annual Report of, 1855-56. Cleveland, Board of Education, Annual Report of, 1868-69. Freese, Andrew, Early History of the Cleveland Public Schools, 1876. Suzzallo. The Rise of Local Supervision in Massa- chusetts. STATIi SCHOOL LAWS Alabama 191 9 Arizona 1919 Arkansas 1914 California 1915 Colorado 191 7 Connecticut 1916 Delaware 191 9 Florida 191 5 Georgia 1919 Idaho 1 91 7 Illinois 1919 Indiana 191 7 Iowa 1919 Kansas 191 7 Kentucky 191 8 Louisiana 1916 Maine 1917 Maryland 191 8 Massachusetts 1919 Michigan 191 7 Minnesota 191 5 Mississippi 1918 Missouri 1917 Montana 191 7 Nebraska 191 9 Nevada 191 9 New Hampshire 1919 New Jersey 1918 New Mexico 191 5 New York 1918 North Carolina 1917 North Dakota 191 5 Ohio 1 91 5 Oklahoma 1919 Oregon 1919 Pennsylvania 191 9 Rhode Island 1918 South Carolina 1918 South Dakota 191 8 Tennessee 191 7 Texas 191 7 Utah 1919 Vermont 1918 Virginia 191 5 Washington 191 7 West Virginia 1919 Wisconsin 19 19 Wyoming 19 lO l6o LKGAL STATUS OF CITY SCHOOL SUPKRINT^NDENT CITY CODES AND SPECIAL, CHARTERS Alhambra, California, Charter 191 5. Ashtabula, Ohio, Charter 1914. Atlanta, Georgia. The Charter and Ordinances of the City of Atlanta, 1910. Baltimore, Maryland. Charter of, Revised Edition 191 5. Berkeley, California. Charter of the city of, 1969. Berkeley, California. General Ordinances of the City of, 1918. Birmingham, Alabama. Code of the City of, 1917. Buffalo, New York. Charter of the City of, 1916. ' Cedar Rapids, Iowa. Commission Plan of Government of City of 1908-10. Dallas, Texas. Charter of the City of, 1907. (Including amendments of 1909). Denver, Colorado. Charter of the City and County of, 1914. Greensboro, North Carolina. Charter of the City of, 1912. Houston, Texas. Charter and Revised Code of Ordi- nances of City of, 1914. Lincoln, Nebraska. Charter of the City of, 1917. Los Angeles, California. Charter of the City of, 1913. Milwaukee, Wisconsin. Code 1914. Supplement 1916. Minneapolis, Minnesota. The Charter of the City of, 1913. (Prepared and Proposed.) Nashville, Tennessee. Charter of City of, 1909. New Haven, Connecticut. Charter and Ordinances of City of, 1914. Portland, Oregon. The Charter of the City of, 1913, revised 1914. Providence, Rhode Island. Charter and Special Laws of the City of, 1916. BIBLIOGILXPHY l6l Providence, Rhode Island. Ordinances of the City of, 1912, 1914. Richmond, Virginia. City Code and Charter, 1910. Rutland, Vermont. Charter of the City of, 191 5. San Francisco, California. Charter of the City and County of, (as amended in 1903, 1907, 1911). Seattle, Washington. Charter as amended 1900- 191 5. Tacoma, Washington — Charter and General Ordinances, 1913- Toledo, Ohio. Charter 1914. Toledo, Ohio. The Toledo Code of 1919 (containing charter as amended to November 4, 1919). Waco, Texas. Charter of the City of Waco. 1914. STATUTES Missouri, Revised Statutes, 1909. Art. XIII. Laws 1911, 1915, 1917, 1919. Maryland, Bagby, Maryland Code, 1914. Laws of Maryland, 1916, 1918. Oklahoma, Bunn, Revised Laws 1910. Supplement to Revised Laws of 1910, 1918. Session Laws 1919. • Texas, Vernon Sayles' Civil Statutes, 1914. Georgia, Park's Annotated Code of 1914 . Session Laws 1870 (Acts and Resolutions of the General Association) . Session Laws 1897. Session Laws 1916, 1918. Minnesota, Tiffany, General Statutes, 1913-1917, Session Laws, 1919. LAW AND G0VERNME;NT IN CITY AND STATE Bradford, E. S. Commission Government in American Cities. Bryce. The American Commonwealth. l62 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT Duguit. Law in the Modern State. (Translation by Laski and Laski.) McBain, Howard Lee. The Law and the Practice of Municipal Home Rule. McBain. The Delegation of Legislative Powers to Cities. Political Science Quarterly, XXXII, pp. 276-391. Munro. Government of American Cities. Massachusetts. Bulletins for the Constitutional Con- vention, 1917-1918. Vols. I-II. ADMINISTRATION OF SCHOOLS IN CITIES Cubberly, Public Education in the United States, 1919. Cubberly, The History of Education ; Educational Prac- tice and Progress Considered as a Phase of the Development and Spread of Western Civilization, 1920. Cubberly and Others. School Organization and Admin- istration, 191 7. Engelhardt, A School Building Program for Cities, 19 18. Evenden, Teachers' Salaries and Salary Schedules in the United States, 1918-1919. Judd and Others, Survey of the St. Louis Public Schools, Part I ; Organization and Administration 1918. Ortman, Teachers' Councils, 1921. Neale, School Reports in American Cities, 1921. Strayer and Bachman, The Gary Public Schools ; Organ- ization and Administration, 1918. Strayer and Others. Report of a Survey of the School System of St. Paul, Minnesota, 1917. Theisen, The City Superintendent and the Board of Edu- cation, 1 91 7. 3> Tt< r-( (M GO OS 00 CO CO (N 1> CO ■* CO i ! •— 1 73 73 a a ta 03 rr ^—1 03 C3 p +3 a