LB IC-NRLF HO t,12 LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIRT OR o r-i . Accession ^^5441 Class PUBLIC SCHOOL LAW AS CONTAINED IN THE MARY! \ND EOD) . ' \ ! :. ' '." : ' is ' N' / / ' /" A MEND 3/N / SESSION, 19OO. iiALTIMORK; WIIJJAM J. C. DULANY COMPANY, No. 8 BALTIMORE STRKKT, EAST. TIHIIE PUBLIC SCHOOL LAW AS CONTAINED IN THE MARYLAND CODE, PUBLIC GENERAL LAWS, EDITION OF 1888, AND SUBSEQUENT AMENDMENTS -TO- SESSION, 19OO BALTIMORE: WILLIAM J. C. DULANY COMPANY, No. 8 BALTIMORE STREET, EAST. 1900. COPYRIGHT WIUJAM J. C. DUI.ANY COMPANY, 1900. State Board of JOHN WALTER SMITH, GOVERNOR, President. JOHN G. ROGERS, CLAYTON PURNELL, Z. P. WHARTON, JOSEPH M. GUSHING, E. B. PRETTYMAN, Secretary Ellicott City, Md Frostburg, Md. Stockton, Md. Baltimore , Md. Baltimore, Md. "85441 CONTENTS. 1. Providing free system of Public Education. CHAPTER I. Supervision. Educational Matters 2. Affecting State, under State Board, 3. Affecting County, under County Board, 4. Affecting District, under District Trustees. CHAPTER II. Formation of Boards. 5. Appointment of State Board, 6. Appointment of County Boards, Election of Garrett County Board, 7. Appointment of District Trustees; Oath of. CHAPTER III. Duties of the State Board of Education. 8. Meetings, 9. Office of, 10. Expenses of; how paid. 11-13. General duties and powers of, 14. To examine candidates for County Examiner, 15. May grant Professional Certificates to teachers, 16. To be ex-officio trustees of State Normal School; Principal, trustee of State Agricultural College, 17. All Schools receiving State aid report to. CHAPTER IV. Duties of the County School Commissioners. 18. Meetings; compensation; appointment of secretary, treasurer and examiner Garrett County Board to meet May first, 19. Are a body politic; powers of. 20. All property and money belonging to the Schools to be under their control. 21. General duties of, 22. County Commissioners to levy a tax, 23 Division of County into School Districts, 24. To report annually; also to publish statement of expenses and receipts. 25. Vacancies, how filled, How filled in Garrett County, 26. No teacher to be appointed on the Board, 28. To provide water-closets or out-houses; Counties exempt. CHAPTER V. Duties of the District School Trustees. 27. Duties of, 28. To see that each house has suitable out-houses, 29. For what purposes School-houses are to be used, 30 New School Districts; formation of; number of resident voters, 31. Vacancies; how filled. CONTENTS CHAPTER VI. School Houses and Sites. 32. By whom to be selected, 33. Board may receive donations for; title to, 34. Condemnation of land; proceedings, 35. Costs; how paid, 36. Board to furnish plans for houses CHAPTER VII. Schools. 37. School; how designated, 38. To be kept open; how long, 39. What studies shall be taught, 40. Nature of alcoholic drinks and narcotics to be taught, 41. Preceding section enforced; by whom, Civil Government shall be taught, 42. When assistants may be appointed, 43. Establishment of schools of different grades; division of school district; closing schools; kept open at expense of district, 44. Public examinations to be held, 45. Hours schools are to be kept open; how regulated, 46. Disturbing a school while in session; penalty, 47. Terms of schools; vacations and holidays; partial terms to close at end of term. CHAPTER VIII. Teachers. 48. Qualification of, 49. How appointed and removed, 50 Quarterly reports of; to contain what, 51. Charges against moral character of; how tried, 52. Life certificate; for what granted, 53. Salaries of; by whom fixed. CHAPTER YK. Pupils. 54. Who may be pupils, 55. Suspension and expulsion of, 56. When children living in one district may attend school in another, 57. Each pupil to produce certificates of vaccination, No teacher shall receive a pupil without; penalty for violation. Disposition of fines. CHAPTER The State Board of Education shall hold regular meetings on the last Wednesday in May, August, November and February of every year, and special meetings as occasions may require. office. 9. The office of the Board shall be in the State Normal School. NO salary. io. The members of the Board shall receive no salary, but their actual expenses incurred in attend- ing meetings of the Board shall be paid, and they are authorized to employ clerical assistance when neces- sary ; the Treasurer, upon the warrant of the Comp- pay president, troll er, is hereby authorized to pay the President of the Board such amount, not exceeding one thousand dollars per annum, as he shall show to be due for these necessary expenses. 1870, ch. 311 ; 1872, ch. 377, sub ch. 3, sec. 4; 1874, ch. 463 ; 1898, ch. 221. ii. The State Board of Education shall, to the best of their ability, cause the provisions of this Article to be carried into effect, and may, if necessary, institute legal proceedings for that purpose, with the direction and advice of the Attorney-General ; they shall enact by-laws for the administration of the Public School System, not at variance with this Article, which, when enacted and published, shall have the force of law. Duty of the They shall have the power to suspend or remove any examiner or teacher who may be found inefficient in or incompetent for the discharge of duties assigned him, or guilty of such moral delinquency as unfits him for the office he holds ; they shall explain the true intent and meaning of the law, and they shall decide, without expense to the parties concerned, all controversies and disputes that arise under it, and their decision shall be final. XTNiV-tlKSri OF MARYLAND. 1872, ch. 377. 12. They shall have the general care and super- Have general vision of the Public School interests of the State; shall v fsk>n per " act as assistants and advisers of the various County Boards; and shall, from time to time, issue circular letters to teachers and commissioners on topics con- nected with the administration of Public Schools. 13. In order to insure uniformity in the statistical iu r ^ n ^ mit y reports of the Public Schools, they shall issue a uni- form series of blanks for the use of teachers and of County Boards, and shall require all accounts to be kept and returns to be made according to these forms. 14. They shall, when requested by the Board of Hxamine can- County School Commissioners, examine candidates dldates - for the office of County Examiner, and give a certifi- cate of qualification. 15. They may grant to teachers of long experience Grant certm- and established reputation professional certificates, cates ' which shall be valid until revoked for cause. 1 6. The State Board of Education shall be, ex officio Trustees ex trustees of the State Normal School; and the Prin- mcio - cipal of the State Normal School shall be, ex officio, a trustee of the State Agricultural College. 17. All schools and colleges receiving any State TO report an- donation shall make a report on or before the nually> fifteenth day of November in each year of such matters and in such form as the State Board of Edu- cation shall require; and said reports, or an abstract therefrom, shall be published by the President of the Board in his annual report. CHAPTER IV .Duties of the County School Commis- sioners. 1872, ch. 377; 1886, ch. 293; 1888, ch. 58; 1890, ch. 268; 1892, ch. 341. 1 8. The Board of County School Commissioners shall meet for organization on the first Tuesday in organization. August next succeeding their appointment, or as soon thereafter as may be, and elect a person not a member of the Board, who shall serve as secretary, treasurer 1 4 PUBLIC SCHOOL LAW and examiner; and notice of such election, signed by the President of the Board, shall be transmitted to Me |a ings *ke Comptroller; provided, that in counties having proviso. more than eighty-five schools the Board may, at their discretion, appoint one assistant examiner and fix his salary. The Board shall meet once in every school term, and at other times if necessar}% for the trans- action of business; each Commissioner shall receive per day for each day of his attendance at the Board, or on committees appointed by the Board, the sum of four dollars; provided, that the aggregate amount paid in one year to Commissioners as per diem, or any other compensation, shall not exceed an average of one hun- dred dollars for each Commissioner. Shaber vs Cochrane, 53 Md., 544. 1898, ch. 445. GARRETT COUNTY LAW. Garrett coun- 1 8. That the Board of County School Commission- me B eT d Ma? ers shall n the first Tuesday of May next after its lst - election, meet at the county seat for organization, or as soon thereafter as possible. The Board shall meet once in every school term and other times, if neces- sary, for the transaction of business; and each Com- missioner shall receive the sum of four dollars per diem for each day of his attendance at the Board or on any committees appointed by the Board, provided that the aggregate amount to any one Commissioner shall not exceed the sum of one hundred dollars per annum; and the said examiner, before he proceeds to act as such, shall give bond as now required by law, and the duties of said commissioners and examiners shall be the same as are now, or may hereafter be pro- vided by law; and such examiner shall hereafter be paid by the said Board of Commissioners the same salary and in the same manner as are now being paid by the School Commissioners. 1872, ch. 377; 1892; ch. 538. incorporated. 1 9- The Board of County School Commissioners is hereby declared to be a body politic and corporate, by the name and style of the Board of County School Name and Commissioners of - county, and by that name shall have perpetual succession, and shall be capable to sue and be sued, to have and use a common seal, and the same at their pleasure to alter or break, and OF MARYLANs^CALIFO^> 1 5 to exercise all the powers and privileges hereby granted to or vested in them; and every County School Commissioner and County School Examiner shall have power to take affidavits and administer oaths in all matters pertaining to public schools, but without charge or fee. O'Neil vs. School Com., 27 Md , 229; School Com. of Wicom- ico vs. School Com. of Worcester, 35 Md., 202; Jones vs. Keating, 55 Md., 147. 20. All the property, estate, effects, money, funds, property claims, and State donations, heretofore vested by law transferred to - in the public school authorities of any county, for the use and benefit of public, primary, free or high schools, are transferred to and vested in the Board of County School Commissioners and their successors in office. 21. The Board of County School Commissioners General super. J[JmSoi "^ shall have the general supervision and control of all schools in their respective counties; they shall build, repair and furnish school-houses; they shall fix the salaries of teachers; they shall purchase and distribute text-books, and shall perform such other duties as may be necessary to secure an efficient administration of the public school system subject to the provisions of this Article. See Sec. 28. 22. The State school tax and free school fund are intention of primarily intended, under this Article, to pay the thls Article - salaries of the teachers of the several counties, and to provide school books and stationery for the children of the State. If, however, in apportioning the said State school tax among the different counties and the city of Baltimore, the share of any county should prove inadequate for the purposes aforesaid, then the County Commissioners of such county are hereby authorized, empowered, directed and required to levy and collect such a tax upon the assessable property contingency. of such county as the Board of County School Com- missioners shall designate as sufficient to make good the deficiency; provided, said taxes shall not exceed proviso. ten cents in the hundred dollars, unless the County Commissioners shall approve and sanction an addi- tional tax. The taxes so levied and collected shall be paid quarterly, on the day fixed for the payment 1 6 PUBLIC SCHOOL LAW of the State school tax to the several counties, (but the proceeds from special taxes may be paid oftener, upon the order of the Board of County School Com- missioners to the Treasurer of the said Board of County School Commissioners,) in order that the schools of said counties may be kept open for the time herein set forth, and said tax shall be levied and collected as other taxes. Any sums of money which may have been specially collected or levied on any election or school-house district, for educational pur- poses connected with these districts, shall be collected for and applied to the purposes so intended originally; and shall be used for no other purpose; and if said funds have been used otherwise they shall be returned and applied as aforesaid. Board of County Commissioners of Anne Arundel County vs. Gantt, 73 Md., 525. A Sittee todi 2 ^' ^ n a ^ cases wnere the county has not been vide. properly divided into school districts, and full records of the boundaries thereof have not been made and re- corded, the Board of County School Commissioners shall appoint a committee if, in their opinion, they deem it necessary, consisting of three persons of intel- ligence and sound judgment, who shall divide the county into suitable school districts, and define and proviso. describe the boundaries of each; provided, that no school district shall contain a greater area than four miles square, unless a part of it be located in a thinly settled region. In the formation of the school dis- tricts the committee shall take into consideration the most suitable site for the school-house, the general features of the country, and shall make each school district of such size and form as will best accommo- TO make ac- date the population within its bounds. The com- tion & of districts niittee shall make an accurate description of the bounds of the school districts, accompanied by a plat, and shall report the same to the Board of County School Commissioners, who shall thereupon give notice in all the newspapers of the county at what May change time they will meet to hear applications for a change les ' of boundaries, which applications shall be made in writing and within two months from the date of the first publication of such notice. When the applica- tions shall have been made and considered, the Board of County School Commissioners may then change OF, the boundaries of school districts, and revise the de- Description to scription; or they may, without application, make such changes as may be deemed important, or they may ratify and confirm the report of the committee. The description of the boundaries of school districts shall be reported in a book, kept for that purpose, by the Secretar} r of the Board of County School Commis- sioners. In those counties where no newspaper is published, the notice of application for a change of boundaries shall be published in such a manner as the Board of County School Commissioners may decide. Whenever it may be necessary, the Board of County School Commissioners shall employ a surveyor to aid Employ & sur- the committee in the performance of such duty, and veyon they shall allow the surveyor such compensation for his services as may be just and proper; and the com- mittee shall receive no compensation whatever for their services. The cost of dividing the county shall The cost of be paid by the County School Commissioners, out o f dividinff - the school fund of the county. If a county has already been divided into school districts, and it may be necessary to revise the same, the Board of County School Commissioners shall have full power to make such revision or alteration as may be necessary to accommodate the population and increase the effi- ciency of the schools. A full description of such changes and alterations shall also be made and re- corded as aforesaid. 1872, ch. 377; 1890, ch. 324. 24. The Board of County School Commissioners Make annual shall, on or before the first day of October in every teporti year, make a report to the State Board of Education, in such form as may be prescribed by the latter, of the schools and all matters affecting the educational interests of the county; they shall also publish an- publish state- nually, in the month of November, in such form and J^*,. an ^ _ manner as they may deem proper, a statement of their bursements. receipts and disbursements, including the money re- ceived and expended on account of text-books, and a statement of the indebtedness of the Board at the close of the fiscal year, and forward a copy to the State Board of Education. 1 8 PUBLIC SCHOOL LAW 1872, ch. 377; 1886, ch. 293; 1888. ch 58; 1890, ch. 268; 1892, ch. 341. vacancies, 25. In case of the death of any County School Corn- how fined. missioner, or his "resign ation or removal from the county, or disqualification from any legal cause, dur- ing the recess of the General Assembly, the Governor shall have power to appoint a qualified person to fill the vacancy for the unexpired term. In case of ineffi- ciency, refusal to act, or breach of trust, the Board may, by a vote of a majority of its members, declare Declare vacant the office vacant, and give notice to the party con- cerned. An appeal may be taken to the State Board of Education, whose decision shall be final, but if no appeal be taken within ten days, the vacancy shall be filled as hereinbefore provided. 1898, ch. 445. Garrett coun- 25. That in case of the death of any County School Commissioner or examiner or his resignation or re- moval from the county or disqualification from any legal cause, the Governor may and shall have the power to appoint a qualified person or persons to fill the vacancy in the Board of Commissioners; and said commissioners shall elect a qualified person, not a member of the board, to act as examiner, and said person or persons appointed or elected as aforesaid by the Governor or Commissioners shall fill such vacancy until the next general election, when a school com- missioner or examiner shall be elected, as aforesaid, to fill the unexpired term of said decedent or disqual- ified commissioner or examiner, and immediately upon his election and qualification, the said person appointed or elected as aforesaid by the Governor or commissioners shall cease to be one of the county school commissioners or examiner. In case of ineffi- ciency, refusal to act, or breach of trust of any com- missioner or examiner, the Board may, by a majority of its members, declare the office vacant, and give notice to the person concerned, and also to the Gov- ernor, who shall as aforesaid appoint some qualified person as commissioner; and the commissioners shall elect some qualified person as examiner, as aforesaid, to serve until his successor shall be elected, at the time and qualified in the manner aforesaid, for the unexpired term of the person removed as aforesaid; provided, however, that the commissioner or examiner removed for cause and in the manner as aforesaid. OF MARYLAND. ^CALiFQft* X 9 shall be entitled to appeal from the action and de- termination of the majority of the members of the Board aforesaid, within ten days to the State Board of Education, whose decision shall be final, and the Governor shall make no appointment nor shall the Commissioners elect to fill the vacancy unless said State Board of Education shall affirm the action and determination of the majority of the members of the County School Board, or unless said appeal shall not be taken within ten clays aforesaid. 26. No teacher, in actual employment as such, shall Teachers not fill the position of County School Commissioner. sioners m CHAPTER V. Duties oj the District School Trustees. 1870, ch. 311; 1872, ch. 377, sub ch. 5, sec. i; 1874, ch. 463 27. The Board of District School Trustees shall outies^of have the care of the houses and land connected there- frTc t 'schc/oi with intended for school purposes, also the furniture, Trustees, apparatus and other school property; they shall attend to all repairs, and charge the cost among the inci- dental expenses of the school, to be paid out of the tax levied upon the assessable property of the county, as herein provided for; provided, that when repairs proviso, are to be paid out of a county school tax, the amount to be expended for said repairs shall be determined by the Board of County School Commissioners before the repairs are made. The Board shall employ a teacher or teachers, subject to confirmation by the Board of County School Commissioners, from among those persons who hold the certificate required by this Article. They shall exercise a general supervision over their respective schools, and visit them fre- quently, and shall cause instruction to be given for ten months in the year, if possible. 1872, ch. 377. 28. The Board of District School Trustees, shall seeout-tmiidings. that every school-house site is provided with suitable out-buildings. Chapter 524, Laws of 1894, provides: SECTION i. That Commission- Boards of School Commissioners in every city and county of e r s provide the State shall provide suitable and convenient water closets w or out-houses tor each of the schools under their official 20 PUBLIC SCHOOL LAW jurisdiction, not less than two for each school or building, when both sexes are in attendance, in their respective scho districts, with separate means of access for each; and unless placed at a remote distance, one from the other, the approaches or walks thereto shall be separated by a substantial close fence; not less than seven feet high; and it shall be the duty of the said Commissioners to make provisions for keeping the said water closets or out-houses in clean, comfortable and healthful condition. Penalty. SEC. 2. Any failure on the part of the said Public School Commissioners to comply with the provisions of this Act shall make them liable to be removed from office by any Court of competent jurisdiction, either in the city of Balti- more or in any county where the schools may be located, upon complaint made to the Court, under oath or affirmation of not less than five taxable citizens resident in the said school Proviso. district in which the school complained of is located; pro- vided nothing in this Act shall affect the counties of Caroline, Kent, Dorchester, Somerset Baltimore, Worcester, Howard, Prince George's and Frederick. ?* t( ^ be 20. No school-house shall be used for any other used for other J . purposes purpose than public school purposes and school dis- trict meetings, unless by consent of the Board of County School Commissioners, or a majority of them. contiguous 30. Contiguous portions of two or more school- ??Vct n s S f M!iy house districts may, with the consent of the Board of combine. County School Commissioners, combine and form a new school-house district; and when thus formed the said new school-house district shall be invested with all the rights and powers hereinbefore set forth as proviso. pertaining to such districts; provided, that the new school-house district thus formed, or said district from which it may be formed, shall not contain less than thirty-five legal resident voters. 1874. ch. 463. Neglect orre- 31. In case of neglect of duty, or refusal to act, on fusaitoact. the part of the mem b e rs of the Board of Trustees, their places shall be declared vacant by the Board of County School Commissioners, who shall fill the same by new appointments; but if it be found impossible to secure competent persons who will act in this capacity, then the duties of the Board of District School Trus- tees for the particular district shall devolve upon the Board of County School Commissioners. OF MARYLAND. 21 CHAPTER VI School-houses and Sites. 1872, ch. 377. 32. It shall be the duty of the Board of County select site for School Commissioners to select a suitable school- school-houses, house site in each district whenever the necessities of the public schools demand a change of site or sites already built upon, or a new school-house to be built. 1870, ch. 311; 1872, ch. 377, sub ch. 6, sec. 2; 1874, ch. 463. 33. The Board of County School Commissioners Receive dona- may receive donations of such sites or locations for p ?c 8 haM, school-houses, or of houses already built adapted to andlease - school purposes or suitably located, or may purchase the same; but in no case shall any site be built upon or any house be occupied until a good and sufficient title shall have been obtained for the same in the cor- porate name of the Board of County School Commis- sioners. In cases, however, where the property owned by the Board of County School Commissioners in any school district proves unsuitable for school purposes, the Board is authorized to sell or lease the same, and to appropriate the amount obtained by such sale or lease to the purchase or lease of a proper school-house at a suitable location for the said district. 1872, ch. 377. 34. When the lands shall be required for the site ofunabietocon- a school-house, or for enlarging a school-house lot, and the Board of County School Commissioners shall, from any cause, be unable to contract with the owner thereof, the Board of County School Commissioners may apply for a writ of ad quod damnum to the Clerk of the Circuit Court for the county, who shall forthwith issue the same, and the Sheriff shall execute the said writ and return an inquisition describing the land and stating the amount of damages to be paid to the owner; and the judge of the Circuit Court for the county may, at any time after the return of the inqui- sition, in term or during recess, hear a motion to con- firm such inquisition, on such notice to the parties as he may direct, and confirm or quash the same; and, if he quashes the inquisition he shall order a new one forthwith to be taken; but no lot so taken or enlarged 22 PUBLIC SCHOOL LAW shall exceed, in the whole, one acre, including the land occupied by the school building. The cost; how 35. In all cases when school-house sites are thus purchased or condemned the cost thereof shall be paid as other school -house property is paid for. HOW built and 36. Every school-house shall be built and furnished ed according to plans and drawings issued from the office of the County School Commissioners. CHAPTER VII. Schools. 1872, ch. 377. Designation. 37. The schools under the charge of the Board of County School Commissioners for each county shall respectively be designated school number one, two, three, and so forth, of their respective election dis- tricts. Time shall be 3 8 - ^ n ever Y school-house district in each county, kept open, established as hereinafter provided, there shall be kept for ten months in each year, if possible, one or more schools, according to population, which shall be free to all white youths over six and under twenty- one years of age. 1872, ch. 377; 1888, ch. 382; 1898, ch. 221 Branches to 39- In every district school there shall be taught be taught orthography, reading, writing, English grammar, geography, arithmetic, history of the United States, good behavior, algebra, book-keeping, natural philos- ophy, the Constitution of the United States, the Con- stitution and history of the State of Maryland, vocal music, drawing, physiology, the laws of health and domestic economy; and the elements of agricultural science may, in the discretion of the State Board of Education, be added to the branches required to be taught in the State Normal School and in the public schools of the various counties of this State. In districts where there is a considerable German popu- lation, the Board of County School Commissioners are authorized to cause the German language to be taught, if they think proper so to do. OF MARYLAND. 1886, ch. 495. 40. The nature of alcoholic drinks and narcotics, stimulants with special instruction as to their effects upon the aB human system, in connection with the several divis- ions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common schools, and shall be taught to and studied by all pupils whose capacity will admit of it, in all departments of the public schools of the State, and in all educational institutions supported wholly or in part by money from the State; and the said study shall be taught to and studied by said pupils in said schools as thoroughly and in the same manner as other like branches are there taught and studied, with text- books in the hands of pupils, where other like branches are thus studied; and said text-books must be pub- lished, printed and sold in the State of Maryland. 41. It shall be the duty of Boards of County School Duty to en- Commissioners, and of the Board of Commissioners of fo Public Schools of Baltimore City, County Examiners, Superintendents of Public Schools of Baltimore City, aud boards of all educational institutions receiving aid from the State, to enforce the provisions of the pre- ceding section. 1898, ch. 520. The State Board of Education and the Board of civil Govern- Public School Commissioners of Baltimore City are mentt required to furnish the public schools of this State with a text-book upon civil government in addition to the text-books now furnished them, and shall be included in the branches of study now taught in the public schools, and shall be taught to and be studied by all pupils whose capacity will admit of it, in all departments of the public schools of this State, and in all educational institutions supported wholly or in part by money from the State. 1872, ch. 377; 1892, ch. 538. 42. Whenever a school numbers more than forty Assistant may children in the average attendance, an assistant may be employed, be employed by the Board of County School Com- missioners in their discretion; and for every addi- ional forty children one teacher may be appointed, 24 PUBLIC SCHOOL LAW and the Board of County School Commissioners shall direct the division of the pupils so as to form a graded school. May grade 43. Whenever the number of children attending school in any school district is greater than one hun- dred, the Board of County School Commissioners may, with the consent of the Board of District School Trustees, establish schools of different grades, or the school district may be divided; and whenever the aver- age attendance in any school for any two consecutive terms is less than *ten pupils, the said school may May close be closed by the Board of County School Commis- sioners; provided, that the Board of District School Trustees may keep the school open in part at the ex- pense of the district, and shall receive their propor- tion of the school fund for said school, rating a full school at twenty scholars. *Chapter 459, Laws of 1894, reduces this number in Alle- gany county to seven. Examinations. 44. Public examinations shall be held in each school twice a year, of which due notice shall be given, that parents and others interested in education may attend. Hours for 45. Schools shall be kept open each week-day, ex- teaching. cept Saturday, for six hours; and the hours for teach- ing shall be regulated by the several Boards of County School Commissioners. penalty for 46. Any person who shall disturb any public school disturbing. j n session, shall, upon conviction thereof before a Justice of the Peace, be deemed guilty of a misde- meanor, and shall forfeit and pay twenty dollars, to be collected as other fines, to be paid to the Board of District School Trustees for the benefit of the school - house district; or said offender shall be imprisoned not exceeding thirty days, or both, in the discretion of the Justice of the Peace. 1872, ch. 377; 1890, ch. 324. Terms. 47- The school year shall be divided into four terms, which shall be designated the fall term, winter term, spring term and summer term; and the time of begin- ning and closing each term shall be regulated by the OF MARYLAND. 25 Board of County School Commissioners; provided, Proviso, that the financial reports of the schools of the State shall be made up and rendered to the thirty-first day of July, inclusive, of each and every year; and pro- vided further, that there shall be no change in or en- croachment upon the holidays and vacations set forth and established in the following paragraph. The month of August shall be vacation throughout Holidays, the whole State, and the following days shall be holi- days, viz.: Thanksgiving day, from Christmas eve to the first day of January inclusive, Washington's birthday, the fourth day of July, from Friday before Easter to the Monday after Easter inclusive, and the Monday of Whitsuntide; and the remaining month of vacation shall be fixed and designated by the Board of County School Commissioners, to subserve the convenience and advantage of their respective coun- ties. In case it may be necessary to open school for a fraction of a term, it shall close at the end of the term, and all accounts shall be settled at the meeting of the Board of County School Commissioners held at the close of the term. CHAPTER VIII. Teachers. 1872, ch. 377. 48. No person shall be employed as a teacher under Qualification* this Article unless such person shall hold a certificate of qualification issued by the Examiner of the county in which he or she proposes to teach, or from the Principal of the State Normal School, a diploma as graduate of said Normal School, or certificate from the State Board of Education, as hereinbefore provided. 49. Teachers shall be appointed by the Board of te jJ val ot District School Trustees, and may be removed at any time said Board may think proper, after thirty days' notice given to the teacher in writing. 1870, ch. 311; 1872. ch. 377, sub-ch. 8, sec. 3; 1874, ch. 463. 50. Teachers shall enter into their quarterly reports qu arfiy e "' an accurate account of the attendance of pupils, of ports, text-books used and branches taught, and such other statistics as may be required, and make due returns 26 PUBLIC SCHOOL LAW thereof to the Board of County School Commissioners at the end of each term; and no teacher shall be en- titled to receive payment for services until the quar- terly report, properly rilled up and completed, be so returned; the quarterly reports shall be filed by the Board of County School Commissioners for the pur- pose of making the annual returns to the State Board of Education. School Com. vs. Adams, 43 Md , 349. 1872, ch. 377. ch^ge e s xam pr n e e 5 1 - The Board of County School Commissioners ferred. shall examine any charge preferred against the moral character of any teacher within their county; they shall give the teacher reasonable notice of the charge in writing and an opportunity to defend himself; and if the charge be sustained they shall annul the teacher's certificate, and shall give notice thereof to Proviso. the State Board of Education; provided, that an ap- peal shall lie to the State Board of Education, whose decision shall be final. certificates. 52. Any person holding a first-grade teacher's cer- tificate, or the diploma of a respectable college or of a State Normal School, who has been a teacher for seven years, of which five shall have been spent i the State of Maryland, may apply to the State Board of Education for a life certificate; which, if granted, shall exempt him from any further examinations; said certificate may be annulled by said Board at any time on account of immoral or unprofessional conduct. salaries. 53. The salaries of teachers of each county shall be fixed by the Board of County School Commissioners. CHAPTER IX. Pupils. 1872, ch. 377. Adult pupils. 54- All white youths between the ages of six and twenty -one -years shall be admitted into the public schools of the State, the studies of which they may be able to pursue; provided, that whenever there are graded schools, the teachers and Board of District School Trustees shall determine to which school pupils shall be admitted. UNIVERSITY OF MARYLAND. 27 55. The Board of District School Trustees shall suspeudpupiis have power to suspend and expel pupils for cause; provided, that an appeal shall lie to the Board of County School Commissioners, whose decision shall be final. 56. Children living remote from the school of the Uving remote district in which they reside may attend school in an adjoining district, with the consent of the Boards of the respective school districts. 57. Every child, before being admitted to any pub- vaccinated. lie school, shall produce a certificate from a regular physician that he has been properly vaccinated. 1864, ch. 269, sec. 7. No teacher in any school shall receive into such school any person as a scholar until such person shall produce the cer tificate of some regular practicing physician that such appli- cant for admission into the school has been duly vaccinated. Any teacher so offending shall, on conviction thereof, forfeit Penalty, and pay a fine of ten dollars for each offense; and no Public School Trustee or Commissioner shall grant a permit to any child to enter any Public School without such certificate, under the same penalty. (Article 43, Section 31). Ibid, Sec. 8. All fines imposed under the provisions of the four preced-. Finesforuse ing sections shall be recovered before a Justice of the Peace of school fund, in the same manner as .small debts are recoverable, for the use of the school fund of the county or city in which such offense shall occur. (Article 43, Section 32). CHAPTER X. Text Books. 1872, ch. 377. 58. School books shall contain nothing of a sectar- Not partisan. ian or partisan character. 1870, ch. 311; 1872, ch. 377, sub-ch, 10 sec. 2; 1874, ch. 463; 1896, ch 135. 59. The Board of Public School Commissioners of P ^ c h k a s se text " Baltimore City and each Board of County School Commissioners shall adopt and purchase text-books for use in the Public Schools of said city and of the several counties of the State, as such new text-books 28 PUBLIC SCHOOL LAW are required, and when so procured, the necessary Free text- text-books shall be furnished free of cost for use in the Public Schools of the State, subject to the order of said Boards, on or after the first day of August next succeeding to the passage of this Act; but said Boards shall have the right at any time to change any series P o w e r to r 5 change text- or text-books already in use or hereafter adopted; provided, that text-books shall be furnished under the supply free provisions of this Act to the several grades in the grades. 8 b y Public Schools successively , beginning with the first grade; and provided, that said Boards shall not be Amount to required to expend during any school year for said be spent. text-books more than the several amounts of money received by said Boards respectively under the provi- indigent pu- s ^ ons ^ this Act, and provided that indigent pupils piis. ' of all grades shall receive text-books free of cost, as provided under the provisions of existing laws; and provided the said respective Boards shall adopt such competitive m ^ ans f r the purchase of text books by competitive bidding as far bidding as far as is practicable and at the lowest as practicable. .., . . -ii^i -1 possible price; and provided, that parents or pupils may purchase their own text-books when they may think proper; and provided further, that the several Report to Boards of School Commissioners shall furnish annually state Board, to the State Board of Education the title, the name of the publisher and the net price paid for each text- book so purchased, which information shall be set forth in full in the annual report made by the State Board of Education. See Civil Government under Section 41. TO provide 60. The said several Boards shall authorize the b r ok S s UiDgfree delivery of text-books to the various Public Schools under their supervision respectively, and shall pro- vide for the issuing, safe-keeping, care and return of the same under such rules and regulations as they may severally adopt. Account of 61. The said several Boards shall keep an account expenses. Q f a jj mone y S expended under the provisions of this Act, and report the same in the annual financial accounts, as required bylaw; and no money so re- ceived by them shall ever be used for any other pur- pose than for the purchase of school books, as pro- vided by the two preceding sections. OF MARYLAND. 2Q 1896, ch. 135. SEC. 2. And be it enacted, That the sum of one state appro- hundred and fifty thousand dollars be and the same prii is hereby appropriated to be paid by the State Treas- urer, upon the warrant of the Comptroller, on the first day of August, 1896, and annually thereafter, and to be expended, or so much thereof as may be necessary, for the purpose of text-books, as provided in this Act. SEC. 3. And be it enacted, That the whole of said men ^ pportion - sum shall be apportioned by the Comptroller in the month of July of each and every year, as the State School Tax is now apportioned, and he shall immedi- ately thereafter notify the Treasurer of the several Boards of County School Commissioners of the coun- ties and City of Baltimore of the amount thus found to be due to each, and the same shall be paid to the Treasurer of the Board of School Commissioners of Baltimore City, and the several counties, upon the draft of the President and Secretary of the several Boards of County School Commissioners and the City of Baltimore aforesaid. SEC. 4. And be it enacted, That all Acts and parts of acts inconsistent with the provisions of this Act be and the same are hereby repealed. CHAPTER 5d. County Examiner. 1872, ch 377. 62. It shall be the duty of the County Examiner to examine candidates for the profession of teacher, in the presence of at least one member of the Board of County School Commissioners, or one or more of the District Trustees, and to give such persons as are found qualified, under the sanction of the Board at its next meeting, a certificate setting forth the branches such persons are competent to teach ; but no certificate shall be granted without satisfactory evidence of the moral character of the applicant. 1870, ch 311; 1872, ch. 377, sub-ch. n, sec. 2; 1874, ch. 463; 1888, ch. 386. 63. The certificate issued by each County Exam- Registered, iner shall be numbered and registered in a book kept PUBLIC SCHOOL LAW Grades. Duration. Additions. certificates not granted, by the Board of County School Commissioners, and' be delivered to their successors in office, and shall be denominated first or second grade, as the case may be; and the State Board of Education shall keep a book in the same manner as the County Examiner. Cer- tificates of the first grade shall embrace orthography, reading, writing, arithmetic, geography, history, English grammar, book-keeping, algebra and natural philosophy; and those of the second shall embrace orthography, reading, writing, arithmetic, geography, history and English grammar; but the State Board of Education may add further requirements to those indicated for either grade, whenever the same may seem necessary. Such a certificate shall, however, not continue in force for more than six months, unless the person receiving the same shall satisfy the Exam- iner of his fitness for governing a school, and his ability to impart instruction in the various branches taught in the public schools; but when the Examiner shall satisfy himself upon these points he shall be em- powered to issue a certificate, which shall continue in force for five years, unless revoked for cause. The State Board of Education has added to the above-named requirements for the first grade, general history, including the Constitution of the United States and the Constitution of Maryland, physiology, plane geometry, theory and practice, of teaching, and the Laws and By-Laws of the Public School System of Maryland; for the second grade, History of Mary- land and of the United States, the Constitution of Maryland and the Constitution of the United States, physiology, alge- bra to quadratics, geometry, one book of Wentworth or an equivalent, theory and practice of teaching, the Laws and the By-Laws of the Public School System of Maryland 1872. ch. 377; 1894 ch. 378. 64. No certificate of qualification as a teacher shall be issued to any male under nineteen years of age, or to a female under eighteen years of age. Examinations. 65. The County Examiner shall hold regular exam- inations of teachers at such times as the Board may direct, of which due notice shall be given in the newspapers, or otherwise. No examiner shall be allowed to charge any fees for the issuing of certifi- cates to teachers; and if any Examiner shall be found guilty of charging or receiving any fee or reward, directly or indirectly, for issuing any certificate to a teacher, he shall be dismissed from office. OF MARYLAND. 31 66. It shall be the duty of the County Examiner, or Duty of coun- his assistant, at least three times in each school year, ly Kxammer - to visit the schools in his county, if it contains fifty schools or less, and twice a year in counties having more than fifty schools; he shall observe the method of the teacher and give him such practical suggestions as the circumstances may prompt; he shall, whenever possible, attend public examinations, and report quar- terly in detail the result of his observations to the Board of County School Commissioners. 1872, ch. 377. 67. The Secretary and Treasurer of the Board of officers to give County School Commissioners shall give bond to the bor)d ' State of Maryland, with at least two securities to be approved by the said Board, in such penal sum as the said Board shall determine, with the condition that he will faithfully perform the duties of Secretary and Duties of sec- Treasurer, pay over and apply all moneys that shall come to his hands or care as Treasurer, to such per- sons and in such manner as said Board may, under the provisions of this Article, direct; and that he will keep a full account of all moneys received and paid by him, and all matters relating to the duties of his office, and preserve the same and all vouchers relating thereto, and deliver up all books and vouchers relating to his office, to his successor, which said bond, when exe- Bond to be cuted, shall be filed in the office of the Clerk of the filed - Court of the county. He shall be present at every meeting of the Board, and may debate any question before them, but shall have no vote. He shall keep the minutes and conduct the correspondence, and shall duly file away and safely keep all letters, reports and other papers pertaining to the business of the Board. He shall prepare and submit to the Board for their adoption the annual report to the State Board of Edu- cation. 1890, ch. 511 67 A. In lieu of the security provided for in the othersecurity. last preceding section, the said bond may have the security of any deposit or trust company or other similar company duly incorporated under the laws of this State, and having the power to act as such security. 32 PUBLIC SCHOOL LAW 1872, ch. 377. TO devote 68. The person or persons acting as Secretary, time!* Le Treasurer and Examiner, under the provisions of this Article, shall devote their whole time to Public School business, and shall receive such compensation as the Board of County School Commissioners may direct. Notify the 69. The Examiner of each county shall, on or before len the fifteenth day of January in every year, notify the Comptroller how many months the schools of his county have been kept open. CHAPTER XII. State Normal School. 1872, ch 377. Location of 70. There shall be located in the city of Baltimore Icho e oi N rmal a State Normal School for the instruction and practice of teachers in the science of education, the art of teaching and the mode of governing schools. It shall be under the control of the State Board of Education, who shall appoint a principal at a salary of twenty- five hundred dollars per annum; the principal of the Normal School shall not vote upon the subject of his appointment or removal. See State Normal School, No. 2, page 50 Faculty. 71. The faculty of the State Normal School shall consist of the principal and of as many teachers as may be determined by the State Board of Education, who shall be appointed by said Board, and have such salaries and perform such duties as said Board may direct. The State Board of Education shall appoint as a member of the faculty of the State Normal School a gentleman fully qualified, whose chief duty shall be to hold a Teachers' Institute in each county of the State for five days in each year, and who shall be paid such salary as the State Board of Education may determine. The said member of the faculty shall carry out the directions of the said Board, and be amenable to the Board. He shall be, when first appointed, not more than fifty years of age. Time shall be 72. The sessions of the State Normal School shall kept open. b e determined by the State Board of Education; provided that the school shall be open for not less than nine months in each year. OF MARYLAND. 33 73. Students of both sexes shall be admitted to the students. State Normal School females at the age of sixteen years, and males at the age of seventeen years. The students shall be appointed by the State Board of Education among the several counties and the city of Baltimore, in proportion to their respective representation in the General Assembly of the State. The students shall be selected by the several Boards HOW selected, of County School Commissioners, and the Board of Commissioners of Public Schools of the City of Baltimore, from among persons having scholastic qualifications hereinbefore required for teachers; before any appointment shall be made the applicants shall procure the certificate of the County Examiner TO procure or City Superintendent in testimony of their scholastic ce proficiency, and shall also file a written declaration that their object in obtaining admission is to qualify themselves as Public School teachers, and that it is their intention to engage in the profession of teaching within the State; and in case any students shall fail to fulfill the condition upon which they were admitted, they shall forfeit and pay thirty dollars for each session they have attended the Normal School, to be collected as other debts are collected, and to be ap- plied for the benefit of the Normal School. If there be not applicants sufficient from any county or the City of Baltimore, then the State Board of Education may fill all vacancies by selecting applicants possess- ing the requisite qualifications, from any other portion of the State, in the proportion aforesaid. 74. In addition to the students admitted from the stud ejj? s itional counties and the City of Baltimore, who shall enjoy all the privileges of the school and be furnished with the use of the text-books free of charge, there may be admitted in the proportion of one to two of the scholars selected by the Board of City and County . School Commissioners, other persons having the requisite qualifications, who shall pay the sum of twenty-five dollars per session, and purchase their own text-books, and be subject in every respect to the same rules and regulations as the other students; provided, that the number of students sent by the Proviso. State shall not exceed two hundred; and as long as this number is not exceeded by the State, or after it shall have been reached by the State, all remaining 34 , PUBLIC SCHOOL LAW Course study. Support of. vacancies may be filled by pay scholars to the full capacity of the school. of 75- The State Board of Education shall prescribe the course of study, and supervise the school in every particular not provided for in this article; they shall make provision for model and experimental primary and grammar schools, under qualified teachers, in which the students of the Normal School shall have an opportunity to practice the modes of instruction and discipline inculcated in the Normal School. The salaries of the teachers of the model and experimental schools shall be paid in part from the tuition fees de- rived from the pupils of said model schools. 1872 ch. 377; 1874. ch. 463; 1898, ch. 221. 76. The annual sum of twenty thousand dollars is hereby appropriated for the support of the State Nor- mal School, to be paid in quarterly instalments by the Treasurer, on the warrant of the Comptroller, to the State Board of Education and to be applied to the payment of teachers' salaries and the purchase of educational apparatus; for the salary of the principal of the Normal School, his traveling expenses in attend- ing meetings of the Teachers' Institute and superin- tending the schools throughout the State, and for such assistance as may be required in the State Normal School during his absence on duty; and for text- books, fuel, stationery, light and other incidental ex- penses of the school. 1872, ch. 377. 77. All donations or bequests of money or personal property, and all grants or devises of lands for the 1 benefit of the State Normal School, shall be held in trust by the State Board of Education. Report to the 78. The State Board of Education shall, on or be- iovemor. fore the fif teent h day o f January in each and every year, make a report to the Governor of the condition of the Schools of the State; a statement of the appor- tionment of money to the counties and the City of Baltimore for the support of schools; an abstract of the reports received from the Boards of County School Commissioners, together with such suggestions for the improvement of schools and the advancement of Donations. OF MARYLAND. ^^ 35 public education as the State Board of Education shall deem expedient. 79. The Governor shall cause three thousand copies Governor to of said report to be printed and distributed to the have P rinted - members of the legislature in those years in which there is no session of the Legislature. CHAPTER XIII. Teachers' Institute. 1870, ch. 311; 1872, ch. 377, sub-ch. 13, sec. i; 1874, ch. 463. 80. A Teachers' Institute, to continue five days, Teachers' m- shall be held in each county once a year, and the stitute - County Examiner shall be present, and shall give normal instruction to the teachers each day. 1872, ch. 377. 81. The principal of the State Normal School shall F time of fix the time of the meeting of the Institute, and it shall be the duty of the County Examiner to notify each teacher of the time and place of meeting. 82. These institutes being designed as temporary Design of. Normal Schools, shall be presided over by the Princi- pal or one of the Professors of the State Normal School, if he can be present, assisted by the County Examiner, and any member of the Board of County School Com- missioners who may choose to attend. 83. The President of the Board of County School select the Commissioners shall select the place of meeting. CHAPTER XIV. Teachers' Associations. 1872, ch. 377. 84. District, County and State Teachers' Associa- Teachers* AS- tions are recommended as important means of elevat- s ing the standard of public education by mutual con- ference, interchange of views and suggestions as to systems of teaching and discipline. 85. It shall be the care of the County Examiner to organization, aid in the organization of these associations, to encour- age attendance, to secure competent lecturers, and to 36 PUBLIC SCHOOL LAW impart such information as will encourage teachers in their work and fit them for the performance of their duties. May occupy 86. These associations may occupy any of the SChOOl build. school _ houses incorporation. Chapter 323, Laws of 1890, makes the Maryland State Teachers' Association a body politic and corporate, and provides: Reading Circle That the corporation created by this Act shall have power to organize, manage and direct a State Teachers' Reading Circle^ and adopt therefor a course of study in pedagogy, general lit- erature, etc., and to grant to such members as shall satisfac- torily complete the first year's course of study, and the second year's course of study, and the third year's course of study, a certificate to that effect; and to such members as shall satis- factorily complete the full course of study, the association Degree. may grant" the honorary degree of Master of the Science of Teaching; and to teachers of learning, merit and acknowl- edged professional skill, the association may grant, by and with the advice and consent of the State Board of Education, the honorary degree of Doctor of Pedagogy. CHAPTER XV. District Libraries. 1872, ch. 377. District Ubra- 87. For the further encouragement of education district libraries ought to be established in each school-house district, under the care of the teacher, as librarian. For this purpose the sum of ten dollars per annum is ordered to be paid by the Board of County School Commissioners out of the State School Fund to any school-house district as library money, as long as the people of the district raise the same amount annually. The books must be selected by the Board of District School Trustees. CHAPTER XVI. The City of Baltimore. 1871, ch. 377; 1884, ch. 2. The city of 88. The Mayor and City Council of Baltimore shall >re ' have full power and authority to establish in said city a system of free public schools, which shall include a school or schools for manual or industrial training, under such ordinances, rules and regulations as they may deem fit and proper to enact and prescribe; they may delegate supervisory powers and control to a OF MARYLAND. 37 Board of School Commissioners; may prescribe rules for building school-houses, and locating, establishing and closing schools, and may in general do every act that may be necessary or proper in the premises. M. & C. C. of Baltimore vs. Weatherby, 52 Md , 442. 1872, ch. 377. 89. The Board of Commissioners of Public Schools of Baltimore City, or by whatever name the body may be known that has supervisory powers and control over the Public Schools of Baltimore City, shall have power to examine, appoint and remove teachers, pre- power to ex- scribe the qualifications, fix the salaries, subject to amTrem^ve" 1 * the approval of the Mayor and City Council, and select text-books for the schools of said city; provided, proviso, such text-books shall contain nothing of a sectarian or partisan character. The Board of Commissioners of Public Schools of said city shall annually make a report to the State Board of Education of the con- dition of the schools under their charge, to include a ' statement of expenditures, the number of children taught, and such other statistical information as may be necessary to exhibit the operations of the schools. go. The Mayor and City Council of Baltimore shall Protection of , . school-houses. have power and authority to make all ordinances for the protection of the school -houses and property, and to punish any person who may disturb the ses- sions of said public schools. 91. The said Mayor and City Council are hereby TO levy and authorized and empowered to levy and collect U pon c necttaxes - the assessable property in said city, as other taxes are levied and collected, such amount of taxes as may be necessary to defray all the expenses incurred for educational purposes by tlje said Mayor and City Council. CHAPTER XVII. High Schools. 1872, ch. 377. 02. It shall be the duty of the Board of County May accept , .. .*.. building for School Commissioners, when any election district or high school, any contiguous election districts shall present a building for a high school in said district or districts, to the Board of County School Commissioners, to 38 PUBLIC SCHOOL LAW accept the same (if in the judgment of the Board there is any necessity therefor), and thereafter pro- vide for maintenance of a high school in said district or districts, and pay the salaries of teachers out of the general school fund. Wiley vs. School Com., 51 Md., 403. Board ofHigh 93. If the high school be established by a dis- msioneri om ~ trict or districts, the Board of County School Com- missioners shall appoint three persons who shall constitute a Board of High School Commissioners, and exercise like authority over said school as here- inbefore provided for Boards of District School Trustees; but high schools established by the county shall be under the direct control of the Board of County School Commissioners. visited and 94. Bach high school shall be visited and ex- examined, amined annually by the Principal of the State Nor- mal School, or a professor thereof; such high school shall also be visited at least once in each school term by the County Examiner, who shall report quarterly to the Board of County School Commissioners the result of his observations. Military tac- 95. If practicable, military tactics may form a de- partment in every high school. CHAPTER XVIII. Schools for Colored Children. 1872, ch. 377; 1898, ch. 409. colored chii- 96. It shall be the duty of the Board of County dren - School Commissioners to establish one or more public schools in each election district for all col- ored youth between six and twenty years of age, to which admission shall be free, and which shall be kept open as long as the other public schools of the particular county; provided, the average attendance be not less than ten scholars for two consecutive terms. 1870, ch. 311; 1872, ch. 377, sub-ch. 18, sec. 2; 1874, ch. 463. Trustees. 97- Bach colored school shall be under the direction of a Special Board of School Trustees, to be appointed by the Board of County School Commissioners, and OF MARYLAND. 39 shall be subject to the same laws for its government, and furnish instruction in the same branches as the schools for white children. 1872, ch. 377. 98. The Comptroller shall apportion the sum ap- Appropriation propriated for the support of the colored schools of the several counties and the city of Baltimore, in pro- portion to their respective colored population between the ages of five and twenty years; said apportionment to be made at the time he apportions the levy for the white schools. 99. The total amount of taxes paid for school pur- Taxes . poses by the colored people of any county, or in the city of Baltimore, together with any donations that may be made for the purpose, shall also be devoted to the maintenance of the schools for colored children. CHAPTER XIX. Sources of Income. 1872, ch. 377. 100. A State tax of ten cents on each one hun- income, dred dollars of taxable property throughout the State shall be levied annually for the support of free pub- lic schools and the Maryland State Normal School, which tax shall be collected at the same time and by the same agents as the general State levy, and shall be paid into the treasury of the State, to be dis- tributed by the Treasurer to the Boards of School Commissioners ot the City of Baltimore and the several counties. 10 r. The Treasurer, on the warrant of the Comp- Treasurer to troller, shall pay to each of the counties and the City disburse - of Baltimore the proportion of the free school fund to which such city or county is entitled under the ap- portionment to be made by the Comptroller, as here- inafter provided; and he shall pay the same to the Treasurer of the Board of School Commissioners of Baltimore City and the several counties; and the several colleges and academies shall respectively re- ceive the donations granted to them by any laws or resolutions of the General Assembly, subject to the conditions annexed thereto. 40 PUBLIC SCHOOL LAW comptroller io2. As soon as the Comptroller shall have received from the City of Baltimore and the several counties re- turns to the amount of the State school tax levied in each county and the City of Baltimore, he shall im- mediately thereafter apportion the amount of the whole levy to the several counties and the City of Bal- timore, in proportion to their respective population between the ages of five and twenty years. Time of. IO ^ On the first day of January, the fifteenth day of March, the fifteenth day of June, the first day of October, in each year, the Comptroller shall ap- portion the amount of school tax received by the Treasurer among the several counties and the City of Baltimore, in proportion to the whole amount appor- Notify parties tioned to each by the Comptroller, and he shall notify whoaretore- the _ state Board of Education and the Treasurer of the several Boards of the County School Commis- sioners of the counties and City of Baltimore, of the amount of tax due to each county and the City of Baltimore, on the several days aforesaid, and the Treasurer shall pay the several amounts within ten days after said notification, upon the draft of the President and Secretary of the several Boards of proviso. County School Commissioners aforesaid; prozided, also, that if in any county the schools shall be kept open less than seven and a-half months of the year ending Dece'mber 3ist, the Comptroller shall with- hold from such county the March installment of the State School Tax. 1898, ch. 409. proviso as to Neither the city of Baltimore nor any county shall ls 'be entitled to any part of said public school tax or fund for white schools, in which city or county the colored schools shall not hereafter be kept open the same length of time as white schools; provided, however, this provision shall not be construed to require any county or the city of Baltimore to keep open any colored school in which the average daily attendance is less than ten pupils for two consecutive terms. 1878, ch. 91. 104. In making the apportionments required by the preceding section, it shall be the duty of the Comp- shaii equalize, troller to equalize, as far as may be possible, the sums OF MARYLAND. 4! to be apportioned, so as to apportion and distribute the same amount, as far as may be practicable, on each of said days; and until otherwise expressly directed by law, the Comptroller shall charge to said & what shall fund, and pay therefrom, the annual appropriations 011 that have been or may hereafter continue to be made for the education of colored children; and also the appropriations for the support of the State Normal School, and for the Colored Normal School, and the expenses of the State Board of Education. 1872, ch. 377. 105. When the levy of any year shall have been insolvencies and ments collected, the Comptroller shall apportion among the and abat e several counties and the City of Baltimore the amount allowed on the levy for insolvencies and abatements, and shall transmit a statement of the same to the State Board of Education. 1882, ch 429. 106. The Treasurer, upon the warrant of the Comp- troller, shall annually pay, on the first day of April, to the School Commissioners of Anne Arundel county, Anne Arun- the sum of four hundred dollars as an academy fund, d< in addition to the appropriation now received by them for such purpose; the said sum, when received by said Commissioners, to be paid to the Trustees of "Anne Arundel County Academy." CHAPTER XX. Manual Training Schools. 1898, ch 273 SECTION i . Be it enacted by the General Assembly of Maryland, That it shall be the duty of the Board of County School Commissioners, when a suitable build- ing, or room or rooms connected with one of the large graded schools or high schools, shall be pro- vided by the county, or money sufficient for the erec- tion of such building, or room or rooms, to accept the same (if, in the judgment of the Board, there is any necessity therefor), and thereafter to provide for the maintenance of a manual training school, or manual training department, for said county, and the salaries of teachers and manual training instructors, out of 42 PUBLIC SCHOOL LAW the general school fund and the State aid hereinafter provided. SEC. 2. And be it enacted, That whenever a manual training school, or manual training department, is opened in any .count)', the President and Secretary of the Board of County School Commissioners of said county shall report to the Secretary of the State Board of Education, and the State Board of Educa- tion shall without delay proceed to appoint the Prin- cipal of the State Normal School, or one of the teachers in said school, well qualified for such ser- vice, to visit the school and give a certificate of approval of its condition and the plan upon which it is conducted; and thereafter the President and 'Secretary of the Board of Count} 7 School Commis- sioners shall report to the Comptroller the condition of the school, the number of instructors, and the number of pupils enrolled, on or before the twentieth day of August in each year. SEC. 3. And be it enacted, That the Comptroller of the Treasury, after receiving the certificate of ap- proval concerning the county manual training school, or manual training department, according to the pro- visions of the second section of this Act, is hereby authorized and directed to issue his warrant upon the Treasurer of the State for the sum of fifteen hundred dollars, payable to the order of the Treasurer of the Board of County School Commissioners of the county filing the certificate of approval aforesaid, out of an}^ moneys in the State Treasury not otherwise appro- priated, on the first day of October in each year, for the support of said manual training school, or ma ua training department. SEC. 4. And be it enacted, That the county manual training school, or the manual training department, and the school to which it is attached, shall be under the management and control of the Board of County School Commissioners. SEC. 5. And be it enacted, That it shall be the duty of the Board of County School Commissioners of each county in this State, whenever a suitable build- ing, or room or rooms connected with one of the colored schools of said county shall be provided by OF MARYLAND. 43 the county to accept the same, if in the judgment of said Board there is any necessity therefor, and there- after to provide for the maintenance of such number of separate colored industrial schools as in their judg- ment may be needed, and the salaries of such teachers as may be required for the purpose shall be paid out of the general school fund and the State aid herein- after provided. SEC. 6. And be it enacted, That whenever any such separate colored industrial school or schools are opened in any county, the President and the Secre- tary of the Board of County School Commissioners of said county shall report the fact to the Secretary of the State Board of Education, and the State Board of Education shall without delay proceed to appoint a proper person well qualified for such service, to visit the said school or schools and give a certificate of approval of its condition and the plan upon which it is conducted, and thereafter the President and Secre- tary of said Board shall report to the Comptroller of this State the condition of said schools, the number of instructors, and the number of pupils enrolled during school year last ended, on or before the twen- tieth day of August in each year. SEC. 7. And be it enacted, That the Comptroller of the Treasury, upon receiving the certificate of ap- proval concerning the county industrial school or schools as aforesaid, according to the sixth section of this Act, is hereby authorized and directed to issue his warrant upon the Treasurer of the State for the sum of fifteen hundred dollars, payable to the order of the Treasurer of the Board of County School Com- missioners of the county, upon the filing of the cer- tificate of approval aforesaid, out of any moneys in the State Treasury not otherwise appropriated, on the first day of October in each year, for the support of said colored industrial school or schools, and there- after the said industrial school or schools shall be under the management and control of the said Board of County School Commissioners. SEC. 8. And be it enacted, That no entire appropria- tion for the benefit of any Manual Training School, provided for under this Act, shall be paid as author- ized, after the first annual appropriation, unless said 44 PUBLIC SCHOOL LAW school shall have an average daily attendance of thirty scholars for the preceding year; and in case said attendance shall fall short of said number, then there shall only be paid towards the maintenance of said school at the rate of fifty ($50.00) dollars for each scholar for its daily average annual attendance, to be determined by the report hereinbefore required to be made to the Comptroller. SEC. 9. And be it enacted, That no appropriation for the benefit of the Colored Industrial Schools of any county, previded for under this Act, shall be paid, after the first annual appropriation, unless the average daily attendance at such school or schools, shall have been, for the preceding year, at least thirty scholars; and in case said attendance shall fall short of said number, then there shall be paid to the Treasurer of the Board of County School Commissioners maintain- ing said school or schools, only at the rate of fifty ($50.00) dollars a scholar, for the daily average attend- ance at the same, to be determined by the report here- inbefore required to be made to the Comptroller. Miscellaneous. 1872 ch. 377. 107. Schools on or near the dividing line of two Free to each counties shall be free to the children of each county; county. an( j ^g B oar d of County School Commissioners of the respective counties shall have power to provide jointly for the maintenance of said schools. 108. Real and personal estate granted, conveyed, devised or bequeathed for the use of any particular Held in trust, county or school district, shall be held in trust by the Board of County School Commissioners for the benefit of such county or school district, and such grants and bequests shall be exempt from all State and county taxes. Chapter 41, Laws of 1894, provides: SECTION 120. That the County Commissioners of each county in this State, in their capacity of corporations, shall be and are hereby invested with full power to receive in trust, and to hold and control, for the purpose of such trusts, all money or other property of whatsover description which may hereafter be bestowed upon such corporations by will, deed or in any other form of OF MARYLAND. 45 gift or conveyance, in trust for purpose of education, and to provide, by resolution or otherwise, for the execution of said trusts in the mode prescribed by the will, deed or other in- strument creating the same. SEC. 121. That the State's Attorneys for the several coun- ties be and they hereby are charged with the duty of seeing that such trusts are carried into effect in their respective counties; and in case of any neglect on the part of the County Commissioners, it shall be the duty of the State's Attorney in the county in which such neglect occurs to cause proper pro- ceedings to be instituted in the Circuit Court for said county to compel the execution of the said trust. 109. Moneys invested in trust for the benefit of the Exempt from, Public Schools of any county or city, shall be exempt taxat10 *' from State, county or local tax. 46 PUBLIC SCHOOL LAW FREE SCHOLARSHIPS. ST. MARY'S FEMALE SEMINARY, ST. MARY'S CITY, ST. MARY'S COUNTY. 1868, ch. 193; 1896, ch. 61; 1898, ch. 379. One scholar shall be taken from each of the counties and each of the three legislative districts of Baltimore city, and shall be selected by the e*xaminer and Boards of County School Com- missioners of the respective counties, and the Board of Commis- sioners of Public Schools in Baltimore city, for the three legisla- tive districts of said city respectively, without recourse to a competitive examination, so that the most worthy and charitable may be selected ; each pupil as selected to remain for the space of three years, if not dismissed by the Trustees. ST. JOHN'S COLLEGE, ANNAPOLIS. 1878, ch. 315. One scholar from each senatorial district of the State shall be educated free of charge for tuition, board, fuel, lights and wash- ing, and shall be appointed by the Board of School Commission- ers of the several counties and City of Baltimore, by and with the advice and consent of the senator in their respective counties and senatorial districts, after a competitive examination of the candidates for such appointments, who shall produce before the said commissioners satisfactory evidence of their moral character, and of their inability or the inability of their parents or guar- dians to pay the regular college charges ; provided, that no one of the said appointments shall be held by the same student for more than four years, unless the time of holding such appoint- ment be extended by the faculty of the college, and that each student receiving such appointment shall pledge himself upon entering the college that he will continue a student thereof for the full term of four years, unless prevented by unavoidable necessity, and that he will teach school within the State for not less than two years, immediately after leaving college, or as soon thereafter as may,be practicable. WESTERN MARYLAND COLLEGE, WESTMINSTER. 1878, ch. 239; 1898, ch. 106. One male student from each senatorial district of the State shall be educated free of charge for tuition, board, fuel, lights, 'MX "UNIVERSITY OF MARYLAND. 47 and washing, and shall be appointed by the School Commis- sioners in said senatorial district, by and with the advice and onsent of the senator in their respective senatorial districts, after a competitive examination of the candidates; provided, that the said appointment shall not be heldby the same student for more than four years, and that each student receivingsuch appointment shall give his bond to the State of Maryland for such amount with such security as may be approved of by the president of said college, that he will teach school within this State for not less than two years after leaving college. 1898, ch. 106. One female student from each senatorial district of this State shall be educated free of charge for board and tuition, and shall be appointed by the School Commissioners in said sena- torial district, by and with the advice and consent of the senator in their respective senatorial districts, after a competitive examination of the candidates; provided, that the said appoint- ment shall not be held by the same student for more than four years, and that each student receiving such appointment shall give bond to the State of Maryland for such amount with such security as may be approved by the president of said college, that she will teach school within the State for not less than two years after leaving college. MARYLAND INSTITUTE, BALTIMORE CITY. One free scholar shall be received from each county of the State and one from each legislative district of Baltimore city, to be selected by the School Commissioners of the counties and Baltimore city respectively. WASHINGTON COLLEGE. 1896, ch. 63. The Visitors and Governors of Washington College, in the State of Maryland, shall have full power and authority to estab- lish in said college or seminary of learning a department of ped- agogy for the instruction and practice of teachers in the science of education, the art of teaching and the mode of governing schools, to which department students of both sexes shall be admitted. The Visitors and Governors of Washington College may prescribe such a course of instruction, to be completed in not 48 PUBLIC SCHOOL LAW less than three scholastic years, as the principal, vice-principal and professors of Washington College, in the State of Maryland, shall deem necessary for carrying into effect the true intent and meaning of this Act the education of competent teachers for the State of Maryland. The Visitors and Governors of Washington College may, in their discretion and in accordance with the provisions of Sec- tions ii and 12 of the original Act of Incorporation, of which this Act is intended to be a supplement, authorize the issuing to the graduates of this department who may have satisfactorily completed the prescribed course and who have attained the age which now is, or may be hereafter prescribed for teachers under the Public School Law of Maryland, a certificate authorizing the said graduate to teach for two years from the date thereof, in any of the public schools of the State established under the authority of the Public School Law of Maryland; and at the expiration of two years, upon the recommendation of any public school examiner under whose supervision the graduate may have taught for eight months, to grant a permanent diploma authorizing the recipient to teach in the public schools of the State, the said diploma to be subject to revocation, in the discretion of the said Visitors and Governors of Washington College. 1896, ch. 188. The Visitors and Governors of this college shall supply free tuition and books in the normal department to one indigent female student from each county of the Eastern Shore of Mary- land, and such student shall present a certificate of appoint- ment from the Board of County School Commissioners of the county from which she comes, and that she is a graduate of a public school, and that she enters the college for the purpose of qualifying herself for a teacher in the public schools, and that she intends to engage in teaching within this State; and she shall sign an agreement to pay said college the sum of twenty-five dollars for each session she attends the normal department of said college, should she fail to teach in the public schools of this State after having received a Normal School Education at said college. Any female graduate of any public school on the Eastern Shore of Maryland shall have the privilege of competing for appointment to said scholarship by filing her written applica- tion to the Board of County School Commissioners for such appointment, together with a certificate that she is a graduate OF MARYLAND. 49 of a public school of that county, and that she desires such scholarship for the purpose of qualifying herself for a teacher in the public schools, and her intention to engage in the pro- fession of teaching within this State ; and in case any such scholar should, after having received such Normal School Kducation, fail to fulfill the conditions upon which she was admitted, she shall forfeit and pay the sum of twenty-five dollars for each session she attended the normal department of said college, to be collected as other debts are collected, and to be applied for the benefit of the normal department of said college. 189^, ch. 293. That the Visitors and Governors of Washington College are authorized and directed to supply free tuition and free books to one male or female student from each and every county on the Western Shore of the State of Maryland, either in the Norinal or Collegiate Department of said college. Students wishing to secure the benefit of this Act shall file a written application for such scholarship with the Board of County School Commissioners of which county he is a resident, together with a certificate of his or her good physical health and good moral character. And said Board of County School Com- missioners shall cause all such applicants to be examined on such subjects or studies as the Principal of Washington College may suggest, and shall make the appointment after such com- petitive examination is held, and shall certify such appointment to the principal of said college in writing. CHARLOTTE HALL SCHOOL. 1898, ch. 321. Charlotte Hall School shall receive and give board and tuition, free of charge, to at least one student from each legislative dis- trict of the State during each scholastic year after the first day of September, in the year 1898, all such students to be received subject to the rules and regulations of said school, and subject to dismissal therefrom for cause, in the discretion of the Board of Trustees thereof. On or before the first day of September, in the year 1898, the several Boards of County School Commissioners shall each select one student from their respective counties, and the Board of Commissioners of Public Schools of the City of Baltimore shall 5O PUBLIC SCHOOL LAW OF MARYLAND. i select one student from each legislative district of Baltimore City, all such selections to be made by competitive examinations from among the youths who reside in the legislative districts for which they are respectively chosen, and who are or have been students in the public schools of such district, and the students so selected shall be entitled to the scholarships above provided for in Charlotte Hall School for terms of three years; and when the terms of such appointee, or any of them, have expired, or for any cause a vacancy occurs, or vacancies occur in said scholarships, said respective Boards shall in like manner and from like classes choose other students to fill such vacancy or vacancies. STATE NORMAL SCHOOL, No. 2. In the appropriation bill for 1899, there appears the following appropriation "for the erection of a building at Frostburg, Alle- gany County, to be known as State Normal, No. 2, the sum of twenty thousand dollars, and for the support of said school when established, five thousand dollars annually, provided that the people of the town of Frostburg furnish the ground for the site of said building and deed the same to the State; provided that none of the appropriations to colleges, academies and schools shall be paid to any of said institutions, except to such as shall have made a full report as required by Section 17, of Article LXXVII, of the Code of Public General Laws." CHAPTER 29. AN ACT to repeal and re-enact, with amendments, Section six of Article 77 of the Code of Public General Laws, title "Public Education," sub-title "Formation of Boards." SECTION i . Be it enacted by the General Assembly of Repeal and Maryland, That Section six of Article 77 of the Code re enactment, of Public General Laws, title "Public Education," sub-title "Formation of Boards," be and the same is hereby repealed so as to read as follows: 6. The Governor, by and with the advice and con- sent of the Senate, if in session, and without said Appointment advice and consent when not in session, shall appoint schoo u com- a Board of County School Commissioners for each county in this State, to be composed in the Counties of Baltimore, Carroll, Frederick, Dorchester and Washington, of six persons, and in each of the other counties of three persons, two of whom in the Counties of Baltimore, Carroll, Frederick, Dorchester and Wash- ington, and one of whom in each of the other counties shall hold their office for the term of two years; two of whom in the Counties of Baltimore, Carroll, Frederick, Dorchester and Washington, and one in each of the other counties shall hold their office for the term of four years; and two of whom in the Counties of Balti- more, Carroll, Frederick, Dorchester and Washington, and one of whom in each of the other counties, shall hold their office for the term of six years from the first Monday of May next succeeding their appoint- ment and until their successors shall qualify. The Governor shall, at the time of making said appoint- ments, designate the terms of years of each of the said commissioners when first appointed under this Act. The term of office of the said commissioners after the expiration of the term for which first appointed shall be a term of six years; said persons shall be men of high character, integrity and capacity. Two of said appointees for the Counties of Baltimore, Carroll, Frederick, Dorchester and Washington and one of said appointees for each of the other counties shall be selected and appointed by the Governor from the political party which at the last preceding election for Governor cast next to the highest number of votes 52 PUBLIC SCHOOL LAW in the State, so that said minority party shall always have proper representation upon each of said boards. HOW removed. Trig Governor may remove for incompetency, neglect of duty, or misconduct any person so appointed by him as Commissioner of Public Schools, after giving due notice to such person of the charges made against him, and a reasonable opportunity to be heard in his own defense. In case of vacancy by death, removal from the county, removal from office by the Governor, resignation, or disqualification from any cause, the Governor shall fill such vacancy with an appointee from the same political party as that of the person whose position shall have become vacated. SEC. 2. And be it enacted, That this Act shall take effect from the date of its passage. Approved March i, 1900. CHAPTER 389. AN ACT to repeal and re-enact with amendments, Section nineteen, of Article 77, of the Code of Public General Laws, title "Public Education." SECTION i. Be it enacted by the General Assembly Repeal and f Maryland, That Section nineteen of Article 77, of re enactment, the Code of Public General Laws, title "Public Edu- cation," be and the same is hereby repealed and re- enacted with amendments so as to read as follows: 19. The Board of County School Commissioners school * s nere by declared to be a body politic and corporate commissio'rsby the name and style of the Board of County School tic ' Commissioners of - - County, and by that name shall have perpetual succession, and shall be capable to sue and be sued, to use and -have a common seal and the same at their pleasure to alter or break, and to exercise all the powers and privileges hereby granted to or vested in them; and every County who may School Commissioner and County School Examiners ad oaths ter anc * assistant examiners shall have power to take affidavits and administer oaths in all matters pertain- ing to public schools, but without charge or fee. SEC. 2. And be it enacted, That this Act shall take effect from the date of its passage. OF MARYLAND. 53 CHAPTER 428. AN ACT to add certain additional sections to Article 77 of the Code of the Public General Laws, to come in after Section seventeen, to be know as Sections 1 7 A, 176 and i7C, and to repeal and re-enact with amendments Section seventy-one of said article. SECTION i. Be it enacted by the General Assembly of Maryland, That certain additional sections be and New sections they are hereby added to Article 77 of the Code of Public General Laws of Maryland, title "Public Education," providing for a Superintendent of Public Education, and determining his duties, to come in after Section seventeen, and be known as Sections 17 A, Repeal and i7B and I7C, respectively, and to repeal and re-enact reenactment with amendments, Section seventy-one of said article so as to read as follows: 1 7 A. That the Governor, by and with the advice Appointment and consent of the Senate, shall appoint a competent tendentf person as Superintendent of Public Education for the State of Maryland, who shall serve for a term of four years, beginning on the first Monday in May next ensuing his appointment, and until his successor has been appointed and qualified according to law; pro- vided that the Governor at any time may remove such person from office for misconduct or inefficiency, upon submitting his reasons for such removal in writ- ing to such person, and provided further, that such removal be approved and ratified by two-thirds of the members of the State Board of Education. 176. That said Superintendent of Public Education shall receive a salary from said appropriation for public schools, the amount of which salary shall be fixed by the Board of Education, provided it shall not exceed the sum of three thousand dollars per annum, in addition to an allowance of five hundred dollars per annum for travelling expenses; and the said Super- intendent shall further be provided with a clerk, who shall also act as clerk to the Board of Education, and who shall be paid a reasonable salary, to be fixed by said board, out of its allowance for contingent or ent's office. necessary expenses; provided, further, that the office of said Board in the State Normal School shall also be the office of said Superintendent. Term. Removal. salary. cierk 54 PUBLIC SCHOOL LAW OF MARYLAND. ryC. It shall be the duty of the Superintendent of D erint S endfnt P " Public Education to inform himself and the Board of Education as to the condition of the public schools throughout the State; to diffuse information as to the best methods of instruction; to receive and present to the Board of Education the reports of the various Boards of County School Commissioners; to examine said county boards' statements of expenditure of school funds, and submit his judgment on the same to the Board of Education; to remove, by and with the consent of two-thirds of the Board of Education, any county examiner who shall be guilty of miscon- duct or inefficiency, except that no examiner shall be so displaced without the privilege of being heard in his own defense before said Board of Education, and in every way to conserve the interest and promote the efficiency of the public schools of this State. It shall also be the duty of the said Superintendent of Public Education, to hold a teachers' institute in each county of the State for five days in each year. 71. The Faculty of the State Normal School shall s?ate U Normai consist of the principal and as many teachers as shall school. foe determined by the State Board of Education, who shall be appointed by said Board, and have such salaries and perform such duties as said Board may direct. , > HI