Page images



of such judgment, with the name of the person in whose favor the same was rendered (4724). If the assessor fails to certify the judgment, it is lawful for

the party obtaining the same to file with the suCERTIFY JUDG- pervisor the certificate of the justice or clerk of

the court, rendering the judgment showing the facts which should have been certified by the assessor (4725). The supervisor receiving either of the certificates of a

judgment, shall proceed to assess upon the taxASSESSMENT able property of the district, the amount with

interest from the date of the judgment to the time when the warrant for the collection will expire, placing the same on the next township assessment roll in the column for school taxes; and the same proceedings shall be had, and the same shall be collected and returned, in the same manner as other district taxes (4726).


School House Sites.


The qualified voters of any school district, when lawfully

assembled, may designate by a vote of two-thirds of those present such number of sites as may be

desired for school houses, and may change the same by a similar vote at any annual meeting. When no site can be established by such inhabitants, the school inspectors of the township or townships in which the district is situated determine where such site shall be; and their determination shall be certified to the director of the district and shall be final, subject to alteration afterward by the inspectors, on the written request of two-thirds of the qualified voters of the district, or by two-thirds of the qualified voters agreeing upon a site, at a district meeting lawfully called (4732). Whenever a site for a school house shall be designated, de

termined, or established in any manner provided by law, and such district shall be unable to agree


with the owner or owners upon the compensation to be paid, or in case such district shall, by reason of any imperfection in the title to said site, arising either from break in the chain of title, tax sale, mortgages, levies, or any other cause, be unable to procure a perfect, unincumbered title, the district board of such district shall authorize one or more of its members to apply to the circuit judge, circuit court commissioner, or any justice of the peace of the city or township in which such school district is situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such school district for such site. The application must be in writing, state the necessity for using the same for school purposes, and describe the real estate in question (4729).


Suspension of Pupils. District boards have authority to make and enforce suitable

rules for the government and management of schools and the care of district property. Just

what shall be considered suitable rules must necessarily be left to the discretion of the board. Said board may authorize or order the suspension or expulsion from the school, whenever in its judgment the interests of the school demand it, of any pupil guilty of gross misdemeanor or persistent disobedience (4682) It will be observed that the power to suspend pupils, if

possessed by the teacher, must be delegated to BE DELEGATED him by the board. It sometimes occurs that

teachers feel obliged to suspend a pupil before the board can be advised with. Such suspension should be for the day only (45 Wis., 150; 32 Vt., 224; 48 Cal., 36; 133 Mass., 103). Some courts have held that, in extraordinary cases, a teacher may expel a pupil in order to maintain proper control; and that,in case the board reinstates the pupil who becomes a menace to the proper discipline of the school,




the teacher may quit the school and maintain an action for the amount of his wages (46 Vt., 452; 27 Vt., 755). Generally, the power to suspend rests with the board alone. The rules of the board should not be unjust and require

more than can legally be enforced. Suspension should be the last resort. A pupil cannot be

expelled or suspended for a careless act, no matter how negligent, if it is not wilful or malicious (77 Mich., 605).

Method of Voting.

The method of voting at district meetings, as well as the majority required, depends upon the question under discussion. Though referred to in Chapter IV, we herewith append a summary as follows:

VOTING BY BALLOT. This is necessary in the following cases : 1. To elect all school officers (4666, 4746). 2. To bond the district (4717).

At district meetings this is requisite, as follows:

1. To authorize the district board to use money for any other purpose than that for which it was raised (4676).

2. To raise money by issuing bonds (4717).
3. To designate sites for school houses (4728).

4. To request inspectors to alter location of school site (4728).

5. To organize as a graded school district (4746). 6. To unite two districts into one graded district (4750).

7. To change from graded district to primary district (4750).

* NOTE.- A measure requiring a two-thirds vote of a district meeting cannot after adoption be rescinded by a mere majority vote. (10 N. W. 349.

See 47 Mich. 226).

8. To establish a district library (4757).

Course of Study.


The arrangement of a course of study for the schools of the

district is within the jurisdiction of the school board. The law is not very explicit as to what

studies shall be included in established courses. The free text-book law and the law creating the office of commissioner of schools and defining his duties contain a mention of certain branches of study; and the law for the establishment of graded schools provides for high schools; but district boards must decide what branches shall be pursued in the schools of their districts. Having fixed a course of study, the board may require teachers and pupils to follow the same within reasonable limits. Music may be

included in the adopted course of study of a public school, and necessary apparatus for teach

ing music may be purchased without a vote of the district (67 Mich. 262). Sectarian instruction is abolished

from all public schools (4676); and, while the reading of the Bible may properly become a part

of the daily program of the public school, the comment thereon by the teacher should be of such a character that pupils and parents of all religious faiths may not detect the slightest traces of sectarian prejudice. (35 Wis., 59; 79 Ill., 567; 87 Ill., 303; 38 Me., 379; 95 Ill., 263; 23 Ohio, 211.)





TURE OF 1899.

[Act No. 176.]


This law provides that any district of the State may, under certain conditions, maintain separate schools for deaf children. The conditions are as follows: The superintendent of public instruction, upon application of the school authorities, grants permission to such school authority to maintain a school. The average attendance in such school must be at least three pupils. The board maintaining such a school must report to the superintendent of public instruction annually such facts as he may require. The State treasurer is authorized to pay out of the general fund to the school board maintaining a school for deaf children one hundred fisty dollars for each deaf pupil instructed for a period of nine months, or a proportioned sum for a shorter period. The money received from the State treasurer must be kept as a separate fund and used for no other purpose than the payment of salaries of teachers of deaf children and for school appliances. Sums not expended as above must be returned to the State treasurer and by him credited to the primary school interest fund. Teachers having had special training for teaching deaf children must be employed, and in addition to this one year's experience as teacher in a school for the deaf. The so-called oral-system must be

« PreviousContinue »