General school laws : with an appendix of blank forms online

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every fourth year thereafter, whose term of office shall com-
mence on the first day of January next following his or her

Am. 1901, Act 35 ; 1905, Act 160.

(178.) 4810. SEC. 3. Persons eligible to hold the office Eligibility
of commissioner of schools must possess, besides an experi- office of -
ence of twelve months as teacher in the public schools of the
State, one of the following qualifications : Must be a graduate
of the literary department of some reputable college, uni-
versity or State normal school, having a course of at least
three years, or hold a State teacher's certificate, or be the
holfler of a first grade certificate, but said first grade certificate



shall only qualify the holder thereof to hold the office of com-
missioner in the county where such certificate was granted:
Proviso. Provided, That persons who have held the office of commis-
sioner of schools under the provisions of act number one hun-
dred forty-seven, public acts of eighteen hundred ninety-one,
shall be eligible. In counties having less than fifty districts
subject to the supervision of the county commissioner, a per-
son holding at the time of his or her election a second grade
certificate shall be eligible.

QUALIFICATIONS OF COMMISSIONER: A high school is not a college
within the meaning of this section. A special first grade certificate not
granted at one of the regular public examinations provided for by law, or
one granted without any examination, or one granted upon public examination
after election as commissioner, does not qualify. Holding the office of secre -
tary of the board of examiners under Act 266 of 1887 (amendatory of chap.
12 of the primary school law, now superseded) is not a qualification. People
v. Howlett, 94 / 165. The legislative intent is to keep up the standard of
teachers by requiring certain educational qualifications in the persons whose
duty it is to examine the teachers and determine their fitness for their work.
People v. Howlett, 94 / 169.

(179.) 4811. SEC. 4. The board of school examiners
shall, for the purpose of examining all persons who may offer
themselves as teachers for the public schools, hold two regular
public examinations in each year at the county seat, which ex-
aminations shall begin on the third Thursday of June and
the second Thursday of August in each year. From these two
examinations certificates of all grades may be granted. The
said board of examiners may also, in their discretion, hold one
other public examination, which shall begin on the third
Thursday of October and at such place as in the judgment of
the board the best interests of the teachers may require. From
this examination only certificates of the second and third
grade may be granted. It shall be the duty of the county com-
missioner to make out a schedule of the times and places of
holding such examinations and to cause it to be published
in one or more newspapers of the county, at least ten days be-
fore such examinations.

Am. 1901, Act 99 ; 1903, Act 95 ; 1905, Act 99.
People v. Howlett, 94 / 170.

(180.) 4812. SEC. 5. The board of school examiners
shall meet on the Saturday of the week following each public
examination held according to the provisions of section four of
this act and shall grant certificates to teachers in such form
as the superintendent of public instruction shall prescribe,
licensing as teachers all persons who have attained the age
of eighteen years, who have attended such public examina-
tions, and who shall be found qualified in respect to good
moral character, learning and ability to instruct and govern
a school, but no certificate shall be granted to any person who
shall not have passed a satisfactory examination in orthog-
raphy, reading, writing, grammar, geography, arithmetic,
theory and art of teaching, United States history, civil govern-
ment, and physiology and hygiene with reference to the effect

Examiners to
hold two
each year.

May hold one
other exami-

Duty of com-

who to grant,
form, etc.



of alcoholic drinks, stimulants and narcotics upon the human
system : Provided, That any commissioner may, upon the re- proviso, when
quest of any holder of a second or third grade certificate, send
the papers written by such person, properly certified and
under seal, to the county board of school examiners of any
other county for their examination, and such board of school
examiners may, in their discretion, receive such papers, and
if they accept them, shall treat them in the same manner as
if written at a public examination in their own county: Pro- proviso as to
vided further, That the board of examiners shall have the renewal>
right to renew without examination the certificates of any
persons who shall have previously attained an average stand-
ing of at least eighty-five per cent in all the studies covered
in two or more previous examinations and who shall have
been since such last named examination continuously and
successfully teaching in the public schools : Provided further, Further
That an indorsed first grade certificate may be renewed in C^re-
the county where issued, or in the county where the holder newed -
may be teaching at the time of its expiration. All certificates
shall be signed by the county commissioner and by at least
one of the members of the board of examiners. 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 Questions, by
furnished by the superintendent of public instruction to the furnished.
county commissioner, under seal, to be opened in the presence
of the applicants for certificates on the day of examination.

Am. 1901, Act 99 ; 1905, Act 148.

People v. Hewlett, 94 / 170 ; O'Leary v. Sch. Dist., 118 / 469.

(181.) 4813. SEC. 6. There shall be three grades of
certificates granted by the board of school examiners, in its
discretion, and subject to such rules and regulations as- the su-
perintendent of public instruction may prescribe, which
grades of certificates shall be as follows : The certificate of the First grade
first 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 exam- Proviso,
ination papers for first grade certificates, favorably passed up ?oS'm etc
on by the board of examiners, together with such certificate, forwarded.
shall be forwarded to the superintendent of public instruc-
tion, within ten days from date of examination, for inspection :
Provided further, That any applicant for a first grade certifi- Further^
cate who feels that the county board of school examiners have Sieved 8
not given his papers the credit due them, may order them sent a Pi )llcant -
to the State superintendent of public instruction for in-
spection; and if the standings given by the State superin-
tendent of public instruction are sufficient for his indorse-



Third grade,
class A.

inent of the certificate, the county board of school examiners
shall issue such certificate, unless they shall give reasons sat-
isfactory to the superintendent of public instruction for
withholding the same: And provided further, That no first
grade certificate shall be valid in any county other than that
in which it is granted, unless approved and countersigned
by the superintendent of public instruction and a copy filed
w r ith the^couuty commissioner in the county in which the
second grade, holder of said certificate desires to teach. The certificate of
the second grade shall be granted only to those w ho shall have
taught at least seven mouths with ability and success, and it
shall be valid throughout the county for which it shall be
granted for three years, and such certificate may be trans-
ferred to another county as provided in section five of this act.
The certificates of the third grade shall be divided into two
classes known as A and B. Third grade certificates of class
A shall be granted only to persons who have taught success-
fully and continuously for at least three years next preceding
the examination, in primary departments of graded schools,
and the certificate 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, and such certificate may be transferred to another
county in the same manner that second grade certificates are
transferred as provided in section five of this act; but no more
than three certificates of this class shall be granted to the
same person: Provided, That the county commissioner shall
have power upon personal examination in the third grade
branches satisfactory to himself or herself, to grant certifi-
cates which shall license the holder thereof to teach in a
specified district for which it shall be granted, but such cer-
tificate shall not continue in force beyond the time of the
next public examination, and in no case shall a second special
certificate be granted the same person within three years.





Am. 1901, Act 99; 1905. Act 148.

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 d'strict 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,
G9 / 596. As to the liability of the district for such services, see Id. : Stock-
dale v. Sch. Dist., 47/226; Crane v. Sch. Dist., 61/299: Smith v. Sch. Dist,
69/589. See Sch. Dist. v. Crook, 47/112. A certificate issued to one who
has not taken an examination at all and whose qualifications are not ascer-
tained upon an examination, is not such a certificate as the law provides for.
People v. Hewlett, 94 / 170-1. The action of the board of examiners in refus-
ing 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, can-
not 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., Ill / 67.

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 com-
mencement of a school and the next meeting of the examiners and such a
certificate has life only until the next regular examination. Id. ; People Y.
Howlett, 94 / 170.


(182.) 4814. SEC. 7. The board of school examiners Suspension of
may suspend or revoke any teacher's certificate issued by them Certificates,
for any reason which would have justified said board in with-
holding the same when given, for neglect of duty, for incom-
petency to instruct or govern a school, or for immorality, and
the said board may, within their jurisdiction, suspend for im-
morality or incompetency to instruct and govern a school the
effect of any teacher's certificates that may have been granted
by other lawful authority : Provided, That no certificate shall Proviso.
be suspended or revoked without* a personal hearing, unless
the holder thereof shall, after a reasonable notice, neglect or
refuse to appear before the said board for that purpose.

Carver v. Sch. Dist., 113/524.

IMMORALITY : A communication representing that a 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 persons teaching the school, is privi-
leged and is justified by proof that he is a blasphemer, habitually profane and
a Sabbath breaker. Wieman v. Mabee, 45 / 484.

(183.) 4815. SEC. 8. It shall be the duty of the coun-Dut^ of

ty commissioner: commissioner.

First, Immediately after his or her qualification as commis- Notices, to
sioner, 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 Record /.

. * , examinations,

board of school examiners and to sign all certificates and etc.
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, sus-
pended, revoked or transferred by the said board or com- etc.
missioner, showing to whom issued, together with the date,
grade, duration of each certificate and if suspended or revoked
with the date and the reason thereof ;

Fifth, To furnish, previous to the third Monday in July 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 during the current school year, and in such
township, with the date and term of each certificate, and if
any have been suspended or revoked, the date of such suspen-
sion or revocation;

Sixth, To visit each of the schools in the county at least Visit school
once in each year and to examine carefully the discipline,
the mode of instruction, and the progress and proficiency of
pupils : Provided, That in counties containing one hundred Proviso.
twenty or more districts the commissioner of schools is hereby
authorized to appoint such assistants as may be necessary,
who shall perform such duties as said commissioner shall di-
rect : Provided, That in counties containing less than one Proviso.
hundred twenty districts such assistants shall be appointed




Counsel with
teachers, etc.

Assistant con-
ductor of

As to reports
of school

reports. ]

Other duties.

Duty of

Supervision of
schools, etc.

To make
reports, etc.

of commis-
sioner, by
whom de-
termined^ etc.

with the consent of the board of supervisors:. Provided fur-
ther, That the whole expense incurred by such assistants shall
not exceed the sum of ninety dollars in one year in any
county ;

Seventh, To counsel with the teachers and the school boards '
as to the course of study to be pursued, and as to any im-
provement in the discipline and instruction in the schools,
and he may examine and audit the books and records of any
school district at any time when directed to do so by the su-
perintendent of public instruction or by application of any
school board;

Eighth, To promote, by such means as he or she may devise,
the improvement of the schools in the county, and the eleva-
tion of the character and the 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 superin-
tendent shall require ;

Ninth, To receive the duplicate annual reports of the sev-.
eral boards of school inspectors, examine into the correctness
of the same, requiring them to be amended when necessary,
endorse his or her approval upon them, and immediately
thereafter, and before the fifteenth day of September 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
superintendent of public instruction may prescribe; to re-
ceive all blanks and communications that may be sent to him
or her 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
labors, and of the schools of the county, together with such
other information as may be required;

Eleventh, To perform such other duties as may be required
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.

Am. 1901, Act 99 ; 1905, Act 148.

(184.) 4816. SEC. 9. It shall be the duty of the
chairman of the board of school inspectors of each township :

First, To have general supervisory charge of the schools of
his township, subject to such advice and direction as the
county commissioner may give;

Second, To make such reports of his official labors and of
the condition of the schools as the superintendent of public
instruction may direct or commissioner request.

(185.) 4817. SEC. 10. The compensation of each coun-
ty commissioner of schools shall be determined by the board of
supervisors of eacli county respectively, and may be increased


or diminished at any October session of said board but the
compensation shall not be fixed at a sum less than five hundred
dollars per annum in any county where there are fifty school-
rooms under his or her supervision ; at not less than one thou-
sand dollars per annum where there are one hundred school-
rooms under his supervision; and not less than twelve hun-
dred dollars where there are one hundred twenty-five school-
rooms under his supervision, and in no case shall such com-
pensation exceed the sum of eighteen hundred dollars per
annum : Provided, That in estimating the number of school- proviso.
rooms in any county all graded schools operating under a
general charter shall be included. Each member of the board school ex-
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 assist- Assistant.
ant, when appointed as provided in this act, shall be deter-
mined by the county commissioner, but in no case shall it
exceed three dollars for each day employed. The compen- HOW paid,
sation of members of the county board of school examiners
and of any assistant shall be paid quarterly from the county
treasury, upon such examiner or assistant 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.
The compensation of the county commissioner shall be paid
quarter>y from the county treasury : Provided, That in no Proviso.
case shall the county commissioner receive any order for
compensation from the county clerk until he has filed a cer-
tified statement from the superintendent of public instruc-
tion that all reports required of the county commissioner
have been properly made and filed with said superintendent :
Provided further, That no county commissioner shall receive Further
an order for compensation until he shall have filed with the proviso -
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, nam-
ing the township and school district. The necessary contin- Expenses.
gent expenses of the commissioner for printing, postage, sta-
tionery, record books, telephone rental, rent of rooms for pub-
lic examination and grading registers shall be audited and
allowed by the board of supervisors of the county. The neces-
sary traveling expenses of the county commissioner of schools,
incurred while performing the duties required by this act,
may be audited and allowed by a two-thirds vote of the board
of supervisors; but no traveling expenses shall be allowed any
school examiner or assistant appointed by the county commis-
sioner of schools.

Am. 1905, Act 148.

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.



Who shall not
act as agent.

Of vacancies.

Licensing and
of teachers.

Provision as to
cities employ-
ing superin-
tendent and

Proviso as to
normal train-
ing depart-

When 'primary
school interest
fund shall be

(18(3.) 4818. SEP. 11. Xo superintendent of public in-
struction, instructor at institute, county commissioner or ex-
aminer, shall act as agent for the sale of any school furniture,
text-books, maps, charts or other school apparatus.

(187.) 4819. SEC. 12. Whenever by death, resignation,
removal 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 unexpired portion of the term of office.

(188.) 4820. SEC. 13. The officers of every school dis-
trict, except as hereinafter provided, which is, or shall here-
after be, organized in whole or in part in any city or village
in this State, which is incorporated under the general laws
or by special enactment, in which enactment special provisions
exist in regard to licensing teachers, shall employ only such
teachers as are legally qualified under the preceding sections
of this act: Provided, That in incorporated cities employing
a principal of the high school and also a superintendent of
schools who gives not less than one-half of his time to school
supervision, the superintendent of schools and the board of
education, or a committee thereof, shall be empowered to ex-
amine their teachers and grant certificates to such as are not
already legally qualified, at such times and in such form as
the superintendent of public instruction shall prescribe: And
provided further, That cities having a special and thoroughly
equipped normal training department, under control of a
special training teacher, such school 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 em-
ploying a teacher who is not legally qualified, shall forfeit
such a proportion of the primary school interest fund as the
number of unqualified teachers employed bear to the whole
number of teachers employed in the district. All school dis-
tricts organized by special enactments shall, through their
proper officers, make such reports as the superintendent of
public instruction may require.

Am. 1901, Act 99.

Section 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 admission to
the Agricultural College by county commissioners of schools.

[Act 101, 1895.]

The People of the State of Michigan enact:

(180.) 4821. SECTION 1. That it shall be the duty of Duty of state
the State superintendent of public instruction to secure, atgj^fjjggj
least twice each year, from the president of the Michigan ag- instruction,
ricultural 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 public instruction to
send a printed list of said -examination questions to each
county commissioner of schools.

(190.) 4822. SEC. 2. It shall be the duty of each coun- county com-
iy commissioner of schools to give public notice of this exam-J^^^SJ
i nation at the time of all regular teachers' examinations, and &ive noti ce of

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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 10 of 20)