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shall keep a minute of the proceedings of such meeting and
certify the same to the director, to be by him entered in the
records of the district;

Second, To adjourn from time to time as occasion may re-
quire ;

Third, To elect district officers as herein provided, and to
determine at what hour the annual meeting shall be held;

Fourth, To designate, as hereinafter provided, a site or such
number of sites as may be desired for schoolhouses, and to
change the same when necessary;

Fifth, To dirpot the purchasing or leasing of a site or sites,
lawfully determined upon ; the building, hiring or purchasing



GENERAL SCHOOL LAWS.



of a sdioolhouse or houses, or the enlarging of a site or sites
previously established ;

Sixth, To vote such tax as the meeting shall deem sufficient, May vote t
to purchase or lease a site or sites, or to Tbuild, hire or pur- llrmt L
chase a schoolhouse or houses; but the amount of taxes to be
raised in any district for the purpose of purchasing or build-
ing a schoolhouse or houses in the same year that any bonded
indebtedness is incurred, shall not exceed in districts con-
taining less than ten children between the ages of five and
twenty years, two hundred and fifty dollars; in districts hav-
ing between ten and thirty children of like age, it shall not
exceed five hundred dollars; and in districts having between
thirty and fifty children of like age, it shall not exceed one
thousand dollars;

Seventh, To vote such tax as shall be necessary for the fol- purposes for
lowing purposes : To keep their schoolhouse or houses in
repair, to provide the necessary appendages and school appa- tax.
ratus, to establish and support a district library, to pay and
discharge any debt or liabilities of the district lawfully in-
curred, to pay for the service of any district officers and to
pay for the transportation of pupils to and from school. The
tax herein authorized to be voted shall not exceed one-half of
the amount which the district is authorized to raise for build-
ing schoolhouses;

Eighth, To authorize and direct the sale of any school- Direct sale of
house, site, building or other property belonging to the dis- P r P ert y-
trict, when the same shall no longer be needed for the use of
the district;

Ninth, To give such directions and make such provisions Direct suits,
as they shall deem necessary in relation to the prosecution or etc -
defense of any suit or proceeding in which the district may
be a party or interested;

Tenth, To appoint, as in their discretion it may be neces- Appoint bmid-
sary, a building committee to perform such duties in super- ing committee -
vising the work of building a schoolhouse as they may by vote
direct;

Eleventh, At the first and the annual meeting only, to deter- Determine
mine the length of time a school shall be taught in their dis- S chS>i year,
trict during the ensuing year, which shall not be less than
nine months in districts having eight hundred children over
five and under twenty years of age, and not less than five
months in all other districts, on pain of forfeiture of their
share of the primary school interest fund; but in case such
matters shall not be determined at the first or annual meet-
ing, the district board shall determine the same; and in case
the district fails ta vote for at least the minimum length re-
quired herein, the district board shall make provisions for
said minimum length of school;

Twelfth, To appropriate the funds derived or to be derived HOW may use
from the one mill Tax, or such paj-t thereof as is deemea uecess- n
sary, for the purpose of transporting pupils to and from



20 GENERAL SCHOOL LAWS.



Proviso. school: Provided, That any district may appropriate any

surplus moneys arising from the one mill tax afier having
maintained a school in the district at least eight months in
the school year for the following purposes: purchasing or
enlarging school sites, building or repairing schoolhouses,
purchasing any school apparatus, purchasing books for
library, or for any incidental expenses of the school.

Am. 1903, Act 10.

Moiles v. Watson, 60 / 415.

FOURTH : See Section 106 as to designation of school sites.

FIFTH : A school district, contracting for the building of a school-house
within a stated time, is bound to furnish a suitable site therefor, within such
reasonable time that the contractors shall not be delayed on their part. Todd
v. Sch. Dist., 40 / 294. Sureties upon a bond for the performance of a con-
tract are released by an assignment of the contract and the grant of an ex-
tension of time to the contractors. Id.

SIXTH : A school district in its annual meeting may lawfully recognize and
pay equitable claims even though they are not strictly legal demands against
it. Stockdale v. School Dist., 47 / 226. Th'e provision that no land shall
be taxed for the building of school-houses, unless some portion thereof shall
be within 2% miles of the school-house site, does not apply to a graded
school district. Keweenaw Ass'n v. Sch. Dist., 98 / 437.

SEVENTH : Publishing House v. Sch. Dist., 94 / 265. The word "append-
age" does not mean simply the apparatus to be used inside of the building, nor
is it limited to brooms, pails, cups, etc.", but must be construed to include
fuel, fences and necessary out-houses. Creager v. Sch. Dist., 62 / 108. A
director has authority, in the exercise of a sound discretion, to buy new seats
for a school-house under a resolution "to fit up the school-house for the
winter term." McLaren v. Akron Town Board, 48/190. Equitable claims.
See notes to subdivision Sixth. Certain charts, etc., held not to be necessary
appendages, such as the director is required to furnish. Gibson v. Sch. Dist.,
36 / 404 ; Publishing House v. School Dist., 94 / 265. A school district has
no power to levy a tax except for the purposes specified by statute. Hinman
v. Sch. Dist., 4/168. See Section 64, subdivision 6.

ELEVENTH : Tappan v. Sch. Dist., 44 / 500. The district board has power
to contract with a qualified teacher for such term during the ensuing year
as shall be determined by the qualified voters of the district at the annual
school meeting. Cleveland v. Amy, 88 / 374 ; Moiles v. Watson, 60 / 417.

TWELFTH: Gibson v. Sch. Dist., 36/404; Publishing Co. v. Sch. Dist.,
94 / 265.

Where a board of education erects a school building in such manner that
ice and snow must inevitably slide from the roof into plaintiff's premises, there
being no sufficient barrier to prevent, and fails, after notice, to remedy the
defect, it may be held liable to him for injuries sustained in falling upon ice
so precipitated, the trespass being the proximate cause of the injury. Ferris
v. Board of Education of Detroit, 122 / 315.

The neglect or refusal of the electors of a township to vote the amounts
necessary to be raised for township and school purposes is sufficiently shown,
within the statutes authorizing the township board and the board of educa-
tion, respectively, to vote the same in such case, by a recital in the resolutions
of the several boards voting such taxes, that the attention of the electors
present at the annual meeting was called to the matter of voting upon such
questions, and that they failed, neglected, and refused to vote such sums
as were necessary. Weston Lumber Co. v. Township of Munising, 123 / 138.

THIRTEENTH : Where the legislature divides a district and provides for
a distribution of orooertv. the new district is not entitled to share in primary
school interest fund at the following apportionment, though based upon re-
ports of previous year.

A district which does not maintain school for at least three months is not
entitled to share in annortionment of orimarv school interest, fund. Decker-
ville School District v. District No. 3 of Marion, 131 / 272.

FOURTEENTH : A school district which had provided by resolution for
the seating of a schoolhouse is estopped to question the validity of a con-
tract signed by the director only, where other officers paid the freight bills
and the seats had been in use fifteen months. Jones v. Sch. Dist. No. 3 of
losco, 110 / 363.

FIFTEENTH : District board bought furniture. At following annual meet-
ing voters made no objection. Held a ratification of the contract though act
of board was not authorized. Haney Sch. Fur. Co. v. Sch. Dist. No. 1 Crystal
Lake Twp., 133 / 241.

SIXTEENTH : School district cannot appropriate surplus one nail
to general purpose before end of year. Bonhagel v. Sch. Brd. of Dist. No.
1, Bronson & Bethel Twps., 134/455.



GENERAL SCHOOL LAWS. 21



OHAPTEB III.

DISTRICT BOARD AND OFFICERS.

(44.) 4666. SECTION 1. At the first meeting in each flection of
school district there shall be elected by ballot a moderator for officers.
the term of three years, a director for two years, and a treas-
urer for one year; and on the expiration of their respective Term of office,
terms of office, and regularly thereafter at the annual meetings,
their several successors shall -be elected in like manner for a
term of three years each. The time intervening between the
first meeting in any school district and the first annual meet-
ing thereafter shall be reckoned as one year.

NOTE. Act 165. 1901, amending Act 164, 1881, changes the word assessor
to treasurer; Eff. Sept. 1, 1902.

OFFICERS : The officers of a primary school district consist of a modera-
tor, director and assessor. These officers are created by statute and have
attached to them certain limited powers and particular duties. They have,
therefore, neither common law power, nor rights, but are strictly confined to
such as are conferred upon them by statute ; and as no compensation for their
official services has been provided [as the law stood prior to 1859] or in
any manner authorized by statute, none can be legally claimed or recovered.
Hinman v. Sch. Dist., 4 / 168. The provisions relative to the election of
school district officers by ballot are mandatory ; but where they were unani-
mously chosen by viva voce vote at a regular meeting, and qualified and acted
and no one else claimed the offices, a writ of quo warranto was dismissed.
People v. Gartland, 75 / 143. Parol evidence is admissible to show who are
the district officers. Crane v. Sch. Dist., 61 / 299.

BALLOT: All ballots cast under statutory requirements are formal and
final, if there Is an election, and cannot be repeated. There can be no "in-
formal" ballot. People v. Stone, 78 / 635 ; Sch. Dist. v. Root, 61 / 373.

(45.) 4667. SEC. 2. A school district office shall be- when district

, , . offices to be-

COine vacant upon any of the following events: come vacant.

First, The death of the incumbent;

Second, His resignation;

Third, HI-s removal from office;

Fourth, His removal from the district;

Fifth, His conviction of any infamous crime;

Sixth, His election or appointment being declared void by a
competent tribunal;

Seventh, His neglect to file his acceptance of office, or to
give or renew any official bond according to law ;

Eighth, His ceasing to be a taxpayer in the school district.

Am. 1903, Act 21.

(46.) 4668. SEC. 3. In case any one of the district of-
fices becomes vacant, the two remaining officers fhall imrue- filled.
diately fill such vacancy ; or in case tw r o of the offices become
vacant, the remaining officer shall immediately call a special
meeting of the district to fill such vacancies; in case any
vacancy is not filled as herein provided within twenty days
after it shall have occurred, or in case all the offices in a dis-
trict shall become vacant, the board of school inspectors of the
township to which the annual reports of such district are made



22 GENERAL SCHOOL LAWS.

*

Term of office shall fill such vacancies. Any person elected or appointed to

office?. inted fl11 n vacancy in a district office shall hold such office until the

next succeeding annual meeting, at which time the voters of

the district shall fill such office for the unexpired portion of

the term.

Johnston v. Mitchell, 120/589.

who are eiigi- (47.) 4669. SEC. 4. Any qualified voter in a school dis-
office hc trict whose name appears upon the assessment roll, and is the
owner in his own right of the property so assessed, shall be
eligible to election or appointment to office in such school dis-
trict, unless such person be an alien.

Am. 1899, Act 184.

TO file accept- (48.) 4670. SEC. 5. Within ten days after their elec-
tion or appointment the several officers of each school district
shall file with the director written acceptances of the office to
which they have been respectively elected or appointed, accom-
panied by an affidavit, properly acknowledged, that they are
qualified voters, that their name appears on the assessment
roll, and that they are the owners in their own right of the
property so assessed, and such acceptances and affidavits shall
be entered in the records of the district by said director.

Am. 1903, Act 21.

District board, (49.) 4671. SEC. 6. The moderator, director, and

of h ma? e be ings treasurer shall constitute the district board. Meetings of the

called. board may be called by any member thereof by serving on the

other members a written notice of the time and place of such

meeting at least twenty-four hours before such meeting is to

Necessity of take place ; and no act authorized to be done by the district

vSdSftion by board shall be valid unless voted at a meeting of the board.

board. ^ majority of the members of the board at a meeting thereof

board!" 1 f shall be necessary for the transaction of business.

Am. 1901, Act 165.

A teacher cannot be hired by two members of the board without the con-
currence of the third and without convening any meeting of the board.
Hazen v. Lerche, 47 / 626.

A school teacher can be employed only by the action of a district board
at a meeting of the board. Parol evidence is not admissible to show that
the record of the meeting made by the director is not true. Gowley v. Sch.
Dist. No. 3, Harrisville, 130 / 634.

Board to (50.) 4672. SEC. 7. The said district board shall pur-

? e u c r ord as books chase a record book and such other books, blanks and station-
ery as may be necessary to keep a record of the proceedings of
the district meetings and of the meetings of the board, the
accounts of the treasurer, and for doing the business of the dis-
trict in an orderly manner.

Am. 1903, Act 49.

Officers having charge of school records are.required to furnish proper facili-
ties for the examination or copying of the same. See Act No. 76, P. A. 190

Before the enactment of this provision it was held that the board had
authority to purchase, nt thp expense of the d'strict. record books, blanks and
paper necessary for the use of the district in keeping the records required by
law, without any vote of the district therefor. Sch. Dist. v. Snell, 24 / 353-



GENERAL SCHOOL LAWS. 23

(51.) 4673. SEC. 8. The district board shall purchase Board to
or lease, in the corporate name of the district, such sites for ?e?amf bului i
schoolhouses as shall have been lawfully designated, and shall
build, hire, or purchase such schoolhouses as may be neces-
sary out of the fund provided for that purpose, and make sale
of any site or other property of the district when lawfully
directed by the qualified voters; but no district in any case Necessity of
shall build a stone or brick schoolhouse upon any site without ^Ste before
having first obtained a title in fee to the same, or a tease
ninety-nine years; nor shall any district build a frame school-
house on any site for which they have not a title in fee or a
lease for fifty years, without securing the privilege of removing
the said schoolhouse when lawfully directed so to do by the
qualified voters of the district at any annual or special meet-
ing, when lawfully convened.

TITLE IN FEE : A lease to a school district "during the time it is used
for school purposes" is a lease in perpetuity at the will of the lessee. Since
the lessee is a corporation and words of inheritance are not required, the
lease, if a present consideration is paid, operates as a bargain and sale and
conveys n base or determinable fee. This is sufficient to satisfy the provisions
of the school law. Sch. Dist. v. Everett. 52 /314.

LEASES: School-house on leasr-d land belongs to district and may be re-
moved within reasonable period. Hayward v. Sch. Dist. N. W. Rep. 102 / 999.

(52.) 4674. SEC. 9. Tt shall be the duty of the district Board to
board to estimate the amount necessary to be raised, in
tion to other school funds, for the entire support of such schools.
schools, including teachers' wages, fuel, and other incidental
expenses, and for deficiencies of the previous year for such
purposes. Rut in districts having less than thirty scholars,
such estimate, including the district's share of the primary
school interest fund and one-mill tax. shall not exceed the sum
of fifty dollars a month for the period during which school is
held in such district; and when such amount has been esti-
mated and voted by the district board, it shall be reported for
assessment and collection, the same as other district taxes.
When a tax has been estimated and voted by the district board when
under the provisions of this section, and is needed before it
be collected, fhe district board may borrow to an amount not
exceeding the amount of said tax.

(58.) 4675. SEC. 10. The district board, or board of School board
education, shall, between the; second Monday in July and the^jjen ^repor
first Monday in August in each year, make out and deliver to
the township clerk of each township in which any part of the
district is situated, a report in writing under their hands
of all taxes voted by the district during the preceding year,
and of all taxes which said board is authorized to impose,
to be levied on the taxable property of the district.

Am. 1905, Act 36.



(54.) 4676. SEC. 11. The district board shall
and pay over all school moneys belonging to the district, in a c- apply mon
cordance with the provisions of law regulating the same, and
no money raised by district tax shall be used for any other



eys



24



GENERAL SCHOOL LAWS.



purpose than that for which it was raised, without a consent-
ing vote of two-thirds of the tax-paying voters of the district;
and no moneys received from the primary school interest fund,
nor from the one-mill tax except as provided by law shall be
appropriated to any other use than the payment of teachers'
wages, and no part thereof shall be paid to any teacher who
shall not have received a certificate of qualification from
proper legal authority before the commencement of his school.
No school district shall apply any of the moneys received by it
from the primary school interest fund, or from any and all
other sources, for the support and maintenance of any school
of a sectarian character, whether the same be under the con-
trol of any religious society, or made sectarian by the school
district board.



Sectarian
schools barred
from public
moneys.



Board to
make annual
reports.



Contents of.



Board to hire
teachers.

Contracts.

School regis-
ter to be kept.



Record of
attendance.



Contract to be
filed.

Teacher must
have legal
certificate.



School month
defined.



Proof of qualification. Sch. Dist. v. Cook, 47 / 112.

(55.) 4677. SEC. 12. Said board shall present to the
district, at each annual meeting, a report in writing, contain-
ing an accurate statement of all moneys of the district received
by them, or any of them, during the preceding year, and of the
disbursements made by them, with the items of such receipts
and disbursements. Such report shall also contain a statement
of all taxes assessed upon the taxable property of the district
during the preceding year, the purposes for which such taxes
were assessed, and the amount assessed for each particular
purpose, and said report shall be entered by the director in
the records of the district.

(56.) 4678. SEC. 13. The district board shall hire
and contract with such duly qualified teachers as may be re-
quired; and all contracts shall be in writing and signed by a
majority of the board in behalf of the district. Said contracts
shall specify the wages agreed upon and snail require the
teacher to keep a correct list of the pupils, grading and the age
of each, attending the school, and the number of days each
pupil is present, the aggregate attendance average daily at-
tendance and percentage of attendance, and to furnish the di-
rector with a correct copy of the same at the close of school.
Said contract shall be filed with the director and a duplicate
copy of the contract shall be furnished to the teacher. No con-
tract with any person not holding a legal certificate of qualifi-
cation then authorizing such person to teach, shall be valid,
and all such contracts shall terminate if the certificate shall
expire by limitation and shall not immediately be renewed, or
if it shall be suspended or revoked by proper legal authority.
A school month within the meaning of the school laws shall
consist of four weeks of five days in each week, unless other-
wise specified in the teachers' contract.

Am. 1901, Acts 62 and 146.

HIRE AND CONTRACT : The district in its corporate capacity is a neces-
sary party to the contract. Wall v. Eastman, 1 / 270. A teacher can be law-
fully employed only by convening the board. Ha^en v. Lerche. 47/626. Con-
tracts may' be made before the beginning of the school year. Sch. Dist. v,



GENERAL SCHOOL LAWS. 25



Cook. 47/112; Tappan v. Sch. Dist.. 44/500: Cleveland v. Amy, 88/376:
Farrell v. Sch. Dist., 1)8 / 45. The power to employ teachers conferred upon
district boards of primary schools by this section is co-extensive . with that
conferred upon the boards of trustees of graded schools by Section 106. Id.
376. Where a contract was signed by the director and the! teacher, the modera-
tor wrote "approved" upon it and subscribed it as moderator, such approval
and signature was treated as, in legal effect, a signing of the contract.
Everett v. Sch. Dist., 30 / 249. When the contract is signed by a majority of
the board only. Crane v. Sch. Dist., 61 / 299. Simultaneous signing is not
necessary. Holloway v. Sch. Dist., 62 / 155 ; Everett v. Sch. Dist., 30 / 249.
It is the business of school districts to keep up public schools, and it is the
duty of the officers to provide teachers and to make contracts with them.
It is their duty to know under what conditions a teacher, whom they know
to be teaching, claims to act Holloway v. Sch. Dist., 62 / 155. A teacher
has a right to sunoose his contract to be a valid one when it is signed
by a sufficient number of officers and he is, with the personal knowledge of
the whole board, permitted and encouraged to go on. Id. 156. A contract
valid on its face, actually carried out in full with the acquiescence of all
concerned, cannot be subsequently repudiated. Id. The provision that the
contract shall require tne teacher to keep a list of the pupils, etc., is merely
directory- Its omission will not invalidate the contract. Everett v.
Sou. Dist., 30 / 249. A district school board cannot discharge a teacher for
incompetency, in the absence of a provision to that effect in the contract.
Carver v. Sch. Dist., 113/524. Where a contract has been terminated by
the board, mandamus will not lie to review the board's action and compel
payment of salary claimed under the contract. Coffin v. Detroit Bd. of Ed.,
114 / 342 ; Langston v. Sch. Dist. No. 3 of Springwells, 121 / 654. A resolu-
tion to hire does not constitute a contract. All contracts must be in writing.
Laugston v. Sch. Dist. No. 3 of Springwells, 121 / 654.

QUALIFIED TEACHER: A teacher suing for his wages need not make
profert of his certilicate, but the granting of it may be proved by parol.
Sch. Dist. v. Cook, 47 / 112. Normal school certificate not tiled or recorded in
the proper office (see How. 4969) until after contract made. Smith v. Sch.
Dist., 69/591. Since the statute makes invalid a contract, where the teacher
holds no legal certificate, such contract cannot be made the basis of a re-
covery of salary. Bryan v. Sch. Dist., Ill / 67.

HOLIDAYS AND INTERRUPTIONS : Teaching contracts for stated per-
iods, are subject to the observance of recognized holidays and there can be
no deductions for such occasions from a teacher's wages. Sch. Dist. v. Gage,
39 / 484 ; Holloway v. Sch. Dist., 62 / 156. Suspension of school during the
prevalence of smallpox is no defense to the payment of the teacher's wages


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Online LibraryMichiganGeneral school laws : with an appendix of blank forms → online text (page 3 of 20)