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No person shall be considered a qualified teacher within the meaning of this act, nor shall any school officer employ or contract with any person to teach in any of the public schools, under the provisions of this act, who has not a certificate in force granted by the board of school examiners or other lawful authority. All examination questions shall be prepared and furnished by the superintendent of public in- Superintendent

of public struction to the county commissioner under seal, to be opened instruction to in the presence of the applicants for certificates on the day nation quesof examination.

prepare

tions.

Am. 1893, P. 35; App. Apr. 18; Eff. Aug. 28; Act 34.-Am. 1895, p. 165; App. Apr, 8; Eff. July 4; Act 66.

People v. Howlett, 94 / 170.

.

where

used.

(4813) Sec. 6. There shall be three grades of certificates Grades of granted by the board of school examiners, in its discretion, and subject to such rules and regulations as the superintendent of public instruction may prescribe, which grades of certificates shall be as follows: The certificate of the first

First grade.

grade shall be granted only to those who have taught at least one year with ability and success, and it shall be valid throughout the State for four years: Provided, That all examination Proviso. papers for first grade certificates, favorably passed upon by the board of examiners, together with such certificate shall be forwarded to the superintendent of public instruction within ten days from date of examination for inspection: And provided further, That no first grade certificate shall be valid in proviso as to any county other than that in which it is granted, unless ap- grade to be proved and countersigned by the superintendent of public instruction and a copy filed with the county commissioner in the county in which the holder of said certificate desires to teach. The certificate of the second grade shall be granted only to Second grade. those who shall have taught at least seven months with ability and success, and it shall be valid throughout the county for which it shall be granted for three years. The certificates of the third grade shall be divided into two classes known as

Third grade, A and B. Third grade certificates of class A shall be granted only to persons who have taught successfully and continuously for at least three years next preceding the examination, in primary departments of graded schools, and the [certificate) certificates of this class shall entitle the holder to teach in primary departments of graded schools only. Third grade certificates of class B shall license the holder to teach in any school of the county in which it shall be granted, for one year; but no more than three certificates of this class shall be granted to the same person: Provided, That the county commissioner Proviso as to shall have power upon personal examination satisfactory to certificates. himself or herself to grant certificates which shall license the holder thereof to teach in a specified district for which it shall be granted, but such certificate shall not continue in force beyond the time of the next public examination and in no case

two classes.

shall a second special certificate be granted the same person, and it shall not in any way exempt the teacher from a full examination.

Teachers' certificates.

Am. 1893, p. 36; App. Apr. 18; Eff. Aug. 28; Act 34. CERTIFICATES: The general policy of the school law is that schools shall be taught by qualified teachers, but necessities may arise where this cannot be done. When such necessity arises, the district may employ a teacher without a certificate, if the board is satisfied of his qualifications and pay him out of any moneys except primary school money and mill tax.Hale v. Risley, 69 7°596. As to the liability of the district for such services, see Id.; Stockdale v. Sch. Dist., 47 / 226; Črane v. Sch. Dist., 61 / 299; Smith v. Sch. Dist., 69 / 589. See Sch. Dist. v. Cook, 47 / 112. A certificate issued to one who has not taken an examination at all and whose qualifications are not ascertained upon an examination, is not such a certificate as the law provides for.-People v. Howlett, 94 / 170-1. The action of the board of examiners in refusing a certificate cannot be questioned by the rejected applicant in a suit to recover wages she would have earned under her contract but for such adverse action.-Lee v. Sch. Dist., 71 / 361. A certificate, issued for three years, cannot be legally extended by the secretary, by being changed to read for four years, after the board of examiners who issued it have gone out of office.-Bryan v. Sch. Dist., 68 N. W. 74.

SPECIAL CERTIFICATES: The secretary of the board (under the old law) had no right, after the refusal of the board to grant a certificate, to issue a special certificate to the rejected applicant.-Lee v. Sch. Dist., 71 / 361. The object of a special certificate is to bridge over the time between the commencement of a school and the next meeting of the examiners and such a certificate has life only until the next regular examination.-Id.; People v. Howlett, 94 / 170.

Suspension of (4814) Sec. 7. The board of school examiners may suspend roertificates, etc.

or revoke any teacher's certificate issued by them for any reason which would have justified said board in withholding the same when given, for neglect of duty, for incompetency to instruct or govern a school, or for immorality, and the said board may, within their jurisdiction, suspend for immorality or incompetency to instruct and govern a school the effect of any

teacher's certificates that may have been granted by other lawProviso.

ful authority: Provided, That no certificate shall be suspended
or revoked without a personal hearing, unless the holder there-
of shall, after a reasonable notice, neglect or refuse to appear
before the said board for that purpose.
Carver v. Sch. Dist., 71 N. W. 861.
IMMORALITY: A communication representing that certain person was
of bad moral character and unfit to have the care of a school, made in good
faith for the purpose of preventing such person's teaching the school, is
privileged and is justified by proof that he is a blasphemer, habitually pro-
fane and a Sabbath-breaker.-Wieman v. Mabee, 45 / 484.

Duty of commissioner. Notice of qualification.

Record of examinations, etc.

(4815) SEC. 8. It shall be the duty of the county commissioner: First, Immediately after his or her qualification as commissioner, to send notice thereof to the superintendent of public instruction and the chairman of each township board of school inspectors of the county;

Second, To keep a record of all examinations held by the board of school examiners and to sign all certificates and other papers and reports issued by the board;

Third, To receive the institute fees provided by law and to pay the same to the county treasurer quarterly, beginning September thirty, in each year;

Fourth, To keep a record of all certificates granted, suspended or revoked by the said board or commissioner, showing to whom issued, together with the date, grade, duration of

Of fees.

Record of certificates.

teachers, etc.

schools, etc.

assistant

teachers, etc.

of schools, etc.

each certificate and, if suspended or revoked, with the date and reason thereof;

Fifth, To furnish, previous to the first Monday in Septem- List of ber in each year to the township clerk of each township in the county, a list of all persons legally authorized to teach in the county at large, and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such suspension or revocation;

Sixth, To visit each of the schools in the county at least To visit once in each year and to examine carefully the discipline, the mode of instruction, and the progress and proficiency of pupils: Provided, That in case the county commissioner is unable to visit all the schools of the county as herein required, the said commissioner may appoint such assistant visitors as may be necessary, who shall perform such duties pertaining to the visitation and supervision of schools as said commis:sioner shall direct: Provided, That the whole expense in- Parsisiso as to curred by such assistant visitors shall not exceed the sum of visitors. ninety dollars in any one year;

Seventh, To counsel with the teachers and school boards as Council with to the courses of study to be pursued, and as to any improve'ment in the discipline and instruction in the schools;

Eighth, To promote by such means as he or she may devise, Improvement the improvement of the schools in the county, and the elevation of the character and qualifications of the teachers and officers thereof, and act as assistant conductor of institutes appointed by the superintendent of public instruction and perform such other duties pertaining thereto as the superintendent shall require; Ninth, To receive the duplicate annual reports of the sev. To receive

annual reports eral boards of school inspectors, examine into the correctness etc. of the same, requiring them to be amended when necessary, indorse his or her approval upon them, and immediately thereafter and before the first day of November in each year, transmit to the superintendent of public instruction one copy of each said reports and file the other in the office of the county clerk;

Tenth, To be subject to such instructions and rules as the Subject to superintendent of public instruction may prescribe; to receive superintendent all blanks and communications that may be sent to him or her of public by the superintendent of public instruction and to dispose of the same as directed by the said superintendent, and to make .annual reports at the close of the school year to the superintendent of public instruction of his or her official labor, and of the schools of the county, together with such other informa tion as may be required;

Eleventh, To perform such other duties as may be required Other duties. of him or her by law, and at the close of the term of office to deliver all records, books and papers belonging to the office, to his or her successor,

(4816) SEC. 9. It shall be the duty of the chairman of the Duty of board of school inspectors of each township:

chairmen, etc.

instructions of

instruction, etc. of commis

Of assistant visitors.

Supervision of First, To have general supervisory charge of the schools of schools, etc.

his township, subject to such advice and direction as the

county commissioner may give; To make

Second, To make such reports of his official labors and of the reports, etc.

condition of the schools as the superintendent of public in

struction may direct or commissioner request. Compensation

(4817) SEC. 10. The compensation of each commissioner sioner. shall be determined by the board of supervisors of each county

respectively, but the compensation shall not be fixed at a sum less than five hundred dollars per annum in any county where there are fifty schools under his or her supervision; at not less than one thousand dollars per annum where there are one hundred schools under such supervision; and not less than twelve hundred dollars where there are one hundred and twenty-five schools under his supervision; and in no case shall

such compensation exceed the sum of fifteen hundred dollars. Of examiners. per annum.

Each member of the board of school examiners other than the county commissioner shall receive four dollars for each day actually employed in the duties of his office. The compensation of any assistant visitor, when appointed as provided in this act, shall be determined by the county commissioner, but in no case shall it exceed three dollars for each day employed. The compensation of the county commissioner,

members of the board of school examiners and of any assistant To be paid

visitor shall be paid quarterly from the county treasury, upon quarterly.

such commissioner or visitor filing with the county clerk a certified statement of his or her account, which shall give in separate items the nature and amount of the service for each day for which compensation is claimed: Provided, That in no case shall the county commissioner receive any order for compensation from the county clerk until he has filed a certified statement from the superintendent of public instruction that all reports required of the commissioner have been properly

made and filed with said superintendent: Provided further, proviso. That no commissioner shall receive an order for compensation

until he shall bave filed with the county clerk a detailed statement under oath showing what schools have been visited by him during the preceding quarter and what amount of time

was employed in each school, naming the township and school Of contingent district. The necessary contingent expenses of the commis.

sioner for printing, postage, stationery, record books and rent of rooms for public examinations shall be audited and allowed by the board of supervisors of the county, but in no county shall the expenses so allowed exceed the sum of two hundred dollars per annum and no traveling fees shall be allowed to the commissioner or to any assistant visitor or school examiner.

Proviso.

Further

ASSISTANT VISITOR: Mandamus to compel the payment of an assistant visitor of schools, for services rendered under this act, was denied, when the commissioner had not determined the compensation, as required.-Hicks. v. Wayne Co. Auditors, 97 / 611.

expenses.

Limit of.

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CALIFORNIA

GENERAL SCHOOL LAWS.

75

act as agent.

(4818) SEC. 11. No superintendent of public instruction, Who shall not instructor at institute, county commissioner or examiner, shall act as agent for the sale of any school furniture, text-books, maps, charts or other school apparatus. Am. 1895, p. 165; App. Apr. 8; Eff. July 4; Act 08.

tendent.

(4819) SEC. 12. Whenever by death, resignation, removal Of vacancies. from office or otherwise a vacancy shall occur in the office of the county commissioner of schools, the county clerk shall issue a call to the chairman of the township board of school inspectors of each township in the county, who shall meet at the office of the county clerk on a date to be named in said [notices] notice not more than ten days from the date of the notice, and appoint a suitable person to fill the vacancy for the

а. unexpired portion of the term of office. (4820) SEC. 13. The officers of every school district which Licensing and

employment is or shall hereafter be organized in whole or in part in any in- of teachers. corporated city in this state where special enactments shall exist in regard to the licensing of teachers, shall employ only such teachers as are legally qualified under the provisions of this act: Provided, That in cities employing a superintend- Proviso as to

cities employent, the examination of teachers shall be conducted by such ing superinsuperintendent or by a committee of the board of education of such school district, and certificate issued at such time and in such a manner as the superintendent of public instruction and board of education in such city shall prescribe. Cities having a special and thoroughly equipped normal training depart. Provision as to

normal training ment, under control of a special training teacher, such school department. having a course of not less than one year, shall be exempt from the provisions of this section as to the examination of teachers. Any board of education that shall violate the provisions of this act by employing a teacher who is not legally qualified, shall forfeit such a proportion of the primary school interest When primary fund as the number of unqualified teachers employed bear to fund shall be the whole number of teachers employed in the district. school districts organized by special enactments, shall, through their proper officers, make such reports as the superintendent of public instruction may require. Am. 1895; p. 165; App. Apr. 8; Eff. July 4; Act 66.

Sec. 14 repeals "all acts or parts of acts conflicting with the provisions of this act.” As to one effect of this repeal, see Perrizo v. Kesler, 93 / 284.

An Act to provide for the EXAMINATION OF CANDIDATES FOR Act 101, 1895, PADMISSION TO THE AGRICULTURAL COLLEGE by county 2,10; App. Apr. commissioners of schools.

26.

(4821) SECTION 1. The People of the State of Michigan enact, Duty of state That it shall be the duty of the state superintendent of public of public in

superintendent instruction to secure, at least twice each year, from the presi- struction. dent of the Michigan agricultural college, a set of examination questions in all the studies required for admission to said college. It shall also be the duty of the state superintendent of

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