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§ 4773. SEC. 9. No school officer, superintendent, School officers or teacher of schools, shall act as agent for any author, pub- not to act as lisher, or seller of school books, or shall directly or indirectly school book receive any gift or reward for his influence in recommending the purchase or use of any library or school book or school apparatus, or furniture whatever, nor shall any school officer School officers be personally interested in any way whatever in any contract with the district in which he may hold office. Any act or neg. lect herein prohibited, performed by any such officer, superintendent, or teacher, shall be deemed a misdemeanor.

(152.) § 4774. Sec. 10. All provisions of this act shall Where this apply and be in force in every school district, township, city apply. and village in this State, except such as may be inconsistent with the direct provisions of some special enactment of the legislature.

not to be
in contracts in
certain cases.

Johnston v. Mitchell, 120 / 589.



An Act to regulate the uniformity of, and to provide free school text

books in public schools throughout the State, and the distribution of the same, and to repeal all statutes and acts contravening the provisions of this act.

[Act 147, 1889.)

The People of the State of Michigan enact:

(153.) § 4775. SECTION 1. That from and after June When board thirtieth, eighteen hundred and ninety, each school board of to purchase the State shall purchase, when authorized, as hereinafter provided, the text-books used by the pupils of the schools in its district in each of the following subjects, to wit: Orthography, Subjects. spelling, writing, reading, geography, arithmetic, grammar (including language lessons), national and State history, civil government, and physiology and hygiene; but text-books once Change. adopted under the provisions of this act shall not be changed within five years: Provided, That the text-book on the subject Proviso. of physiology and hygiene must be approved by the State Board of Education, and shall in every way comply with section fifteen of act number one hundred and sixty-five of the public acts of eighteen hundred and eighty-seven, approved June ninth, eighteen hundred and eighty-seven: And provided Further

proviso. further, That all text-books used in any school district shall be uniform in any one subject.

The section above referred to is Section 58.

FREE TEXT-BOOKS: It has never been claimed that school boards have the power to furnish free text-books except by virtue of special legislation.Bd. of Education v. Detroit, 80 / 548.

TEXT-BOOKS : The provision of the law that books once adopted shall

not be changed within five years was designed to protect the public and not for the benefit of book publishers.

A resolution of the board directing the purchase of a specified text-book for use in the schools constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the book was completely installed in the school. A resolution of the board to purchase certain text-books for “supplementary use" shows no intention to adopt, and is illegal and void.--Att'y Gen'l. ex rel. Marr v. Bd. of Edu. Detroit; D. C. Heath & Co. v. same, 133 / 681.

Board to select the kind.


Books to be

(154.) § 4776. SEC. 2. The district board of each school district shall select the kind of text-books on subjects enumerated in section one to be taught in schools of their respective districts: Provided, That nothing herein contained shall re

quire any change in text-books now in use in such district. Notice to vote They shall cause to be posted in a conspicuous place, at least on question.

ten days prior to the first annual school meeting from and after the passage of this act, a notice that those qualified to vote upon the question of raising money in said district shall vote at such annual meeting to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters as above provided present at such meeting shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report to the superintendent of public instruction. The district board shall take the necessary steps to purchase such books for the use of all pupils in the several schools of their district, as hereinafter

provided. The text-books so purchased shall be the property property of district, etc.

of the district purchasing the same, and shall be loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, That nothing herein contained shall prevent any person from buying his or her books from the district

board of the school in which he or she may attend: Provided proviso.

further, That nothing herein contained shall prevent any district having once adopted or rejected free text-books from taking further action on the same at any subsequent annual meeting

(155.) § 4777. SEC. 3. It shall be the duty of the district publishers,

board of any school district adopting free text-books provided for in this act to make, a contract with some dealer or publisher to furnish books used in said district at a price not greater than the net wholesale price of such books: Provided, That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract.

(156.) § 4778. Sec. 4. The district board of every school make annual district in the State adopting free text-books under this act estimate of amount to be shall make and prepare annually an estimate of the amount of raised.

money necessary to be raised to comply with the conditions of this act, and shall add such amount to the annual estimates made for money to be raised for school purposes, for the next



Board to contract with



Board to


ensuing year. Said sum shall be in addition to the amount now provided by law to be raised; which amount each township clerk shall certify to the supervisor of his township to be assessed upon the taxable property of the respective districts as provided by law for raising the regular annual estimates of the respective district boards for school purposes, and when collected shall be paid to the district treasurer in the same manner as all other money belonging to said district is paid.

(157.) S 4779. Sec. 5. On the first day of February next when director after the tax shall have been levied, the director of said dis- to purchase trict may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moderator, upon the treasurer assessor of the district for price of the books so purchased, including the cost of transportation.

(158) $ 4780. SEC. 6. If the officers of any school dis- Refusal or trict, which has so voted to supply itself with text-books, shall not be cat mai refuse or neglect to purchase at the expense of the district for demeanor. the use of the pupils thereof, the text-books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or member of such board so refusing or neglecting shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent Penalty. jurisdiction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court: - Provided, That any district Proviso. board may buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board: Provided further, That school districts in cities organ- Further ized under special charters shall be exempt from the provi

proviso. „sions of this act, but such districts may, when so authorized įn cities, by a majority vote of their district boards, submit the ques- submit question of free text-books to the qualified voters of said districts. tion to voters If a majority of the qualified electors vote in favor of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act.

SPECIAL CHARTERS: The action of the Detroit board of education, in including in its annual estimate a sum for free text-books, in the absence of authority from a majority of the qualified electors, as provided in this seciton, was held absolutely void.-Bd. of Ed. v. Detroit, 80 / 551.

An Act to prescribe and define a course of studies to be taught in the

district schools of this State which shall be known as the Agricultural College Course.

[Act 181, 1897.]

Who to pre

pare course of study.

The People of the State of Michigan enact: (159.) $ 4791. SECTION 1. That the superintendent of public instruction shall prepare for district schools a course of study, comprising the branches now required for third grade certificates, which shall be known and designated “the agricul. tural college course," and upon the satisfactory completion of this course of study, as evidenced by a diploma or certificate duly signed by the county commissioner of schools, pupils

shall be admitted to the freshman class of the agricultural colCollege lege without further examination. It shall be the duty of the catalogue to secretary of the agricultural college each year to send to each

rural school district in the State a college catalogue, and upon districts.

application to furnish to such schools such other information as may be desired relative to said college. Such catalogue and other information shall be kept in each school for reference.

to school

An Act authorizing the introduction of the kindergarten method in

the public schools of this State.

*[Act 119, 1891.]

The People of the State of Michigan enact: Duty of dis- (160.) § 4792. SECTION 1. That in addition to the duties trict board.

imposed by law upon the district board of every school district in this State, they shall also be empowered to provide a suitable room or apartment for kindergarten work, and to supply their district respectively with the necessary apparatus and appliances for the instruction of children in what is known as the kindergarten method.

(161.) § 4793. Sec. 2. In the employment of teachers it shall be competent for such district board to require qualifi

cations for instruction of children in kindergarten methods, Qualifications and the district board may provide by contract with the

teacher for such instruction, specifying the hours and times therefor under such rules as the district board may prescribe.

(162.) § 4794. SEC. 3. All children residing within the

district between the ages of four and seven shall be entitled What children 305.

*As to certificates, and payment of kindergarten teachers, see Comp. section entitled to instruction.


to instructions in the kindergarten department of such district school.

(163.) § 4795. Sec. 4. The powers and duties herein im- Act to apply posed or conferred upon the district shall also be and the same other schools. are hereby imposed and conferred upon the school trustees or board of education or other body, by whatever name known, managing or controlling the public schools in each city and vil. lage of this State; and this act is hereby made applicable to every public school organized by special act or by charter as fully as if they were named herein.

An Act to provide for teaching in the public schools the modes by

which the dangerous communicable diseases are spread, and the best methods for the restriction and prevention of such diseases.

[Act 146, 1895.]

The People of the State of Michigan enact: (164.) § 4796. SECTION 1. That there shall be taught in Methods of every year in every public school in Michigan the principal and prevenmodes by which each of the dangerous communicable diseases tionere are spread, and the best methods for the restriction and pre- diseases shall vention of each such disease. The State Board of Health shall public schools. annually send to the public school superintendents and teachers throughout this state printed data and statements which shall enable them to comply with this act. School boards are hereby required to direct such superintendents and teachers to give oral and blackboard instruction, using the data and statements supplied by the State Board of Health.

(165.) § 4797. SEC. 2. Neglect or refusal on the part of Penalty for any superintendent or teacher to comply with the provisions refusal to of this law shall be considered a sufficient cause for dismissal comply with

provisions of from the school by the school board. Any school board wil- this act. fully neglecting or refusing to comply with any of the provisions of this act shall be subject to fine the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in this state, including schools in cities or villages, whether incorporated under special charter or under the general laws.


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