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The school law of Illinois, enacted by the Forty-sixth General Assembly online

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be levied by section 189 of this Act. All school districts which have
heretofore organized under this section, elected a high school board of
education, and are maintaining a high school, shall be regarded as high
school districts distinct and separate from the common school district
having the same boundaries, and the high school board of education of
such high school district shall have the same power of taxation as
township high school boards of education organized under this Act.
A township or part of a township in which there is no township high
school may be annexed to an adjacent high school district organized
under this section in the same manner as near as may be as is provided
in sections 94, 95 and 96 of this Act for the annexation of territory
to a township in which a high school has been established.



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90. When any city in this State having a population of not less
than one thousand and not exceeding one hundred thousand inhabitants
lies within two or more townships, that township in which a majority
of the inhabitants of the city reside shall, with the city, constitute under
this Act a school township for high school purposes.

91. For the purpose of building school houses, supporting the school
and paying other necessary expenses, the territory for the benefit of
which a high school is established under any of the provisions of this
Act, shall be regarded as a school district, and the board of education
thereof shall, in all respects, have the power and discharge the duties of
school directors for such district.

92. When any district desires to discontinue the high school, the
treasurer, upon petition of a majority of the legal voters of the district
filed at least fifteen days preceding the regular election of trustees of
schools with the treasurer of such district, shall give notice of an elec-
tion, to be held on the day of the regular election of trustees, for the
purpose of voting "for" or "against" the proposition to discontinue the
township high school, which notice shall' be given in the same manner
and for the same length of time, and in substantially the same form, as
the notice provided for in section 85 of this Act. The ballots for such
election shall be canvassed in the manner provided for in section 85
of this Act. If a majority of the votes cast at such election shall be in
favor of discontinuing the high school, the trustees of schools shall
surrender the assets of the high school to the district fund of the town-
ship or townships interested in proportion of the assessed valuation of
the townships or parts of townships comprising such district.

93. When any township in any county under township organization
shall contain two political towns divided by a navigable stream as recog-
nized by the United States, each of which shall contain a city of not
less than one thousand nor more than one hundred thousand inhabitants,
each town shall constitute a township under this Act for high school
purposes.

94. A township or part of a township in which there is no township
high school may be annexed, in the manner hereinafter provided, to an
adjacent township in which a township high school has been established.
Upon petition of 5 per cent of the legal voters of the territory to be
annexed, and of the township to which annexation is desired, filed with
the treasurers of the respective townships at least fifteen days preceding
the regular election 'of trustees of schools, the respective treasurers shall
give notice to the voters concerned that an election for or against
annexing the township, or part of a township, as the case may be, will
be held at the next regular election of trustees of schools in each
township, by posting notices of such election in at least ten of the most
public places in the territory to be annexed, and in the adjacent township
at least ten days before the date of such regular election. Such notice
may be in the following form, to wit:

HIGH SCHOOL ANNEXATION.

Notice is hereby given that on Saturday, the day of April, 1 ,

an election will be held at for the purpose of voting "for" or

"against" the proposition to annex for township high school purposes the



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following territory, to-wit: (Here insert the number and range of the
township when the whole of the township is to be annexed, or when part
of a township is to be annexed insert the said part of said township), to

township number , range number (Township having an

established high school).

The polls will be opened at o'clock, m., and closed at

o'clock, m.

A B :

Treasurer.

When less than the whole of a township is to be annexed, only the
voters in the territory to be annexed shall have the right to vote, and
the trustees of schools shall provide a voting place for that territory and
the judges and clerks of such election.

95. If petitions request the township treasurers, respectively, to
submit said questions at a special election, it shall be the duty of the
township treasurers to call the respective elections, as provided in the
foregoing sections, for some day and hour not exceeding thirty days
from the date of the filing of the petition ; and to give at least ten days'
notice of the election, in which event the polls of the election shall be
open in at least two polling places and for at least four consecutive
hours, and the polling places in the respective townships shall be desig-
nated and fixed by the treasurers respectively. If a majority of the
votes cast in the township having an established high school,, and a
majority of the votes cast in the territory to be annexed, shall be in favor
of the proposition, the township or territory, as the case may be, shall
be and become so annexed, and the property in such township or territory
shall thereafter be subject to taxation for the support and maintenance
of the township high school, including the payment of any bonded
indebtedness of such township high school, and interest thereon there-
after falling due, as fully and to the same extent as is provided by
law for the levying of taxes upon property for the support and mainte-
nance of township high schools. The taxes collected from such township
or territory annexed for the support and maintenance of a township
high school shall be paid by the officer collecting the same to the township
treasurer of the township having the established high school.

96. Such election shall be held in the manner provided by law for
the holding of elections for township trustees of schools, and the ballots
of such election shall be canvassed, and the returns thereof made as in
other school elections. If a majority of the votes cast shall be in favor
of the proposition, it shall be the duty of the township treasurer of the
township which is annexed, or part thereof, as the case may be, to file a
certificate with the county clerk of the county in which such township is
located, or if such township is situated in more than one county, with the
respective clerks of such counties, certifying to the territory so annexed
and giving a description thereof.

97. Upon the petition of not less than fifty roters of any high
school district, filed with the township treasurer at least fifteen days
preceding the regular election of members of the board of education for
such high school district, it shall be the duty of the treasurer to notify
the voters of such district that an election "for" or "against" the
establishment of a manual training department for such high school will



52S)

be held at the next annual election of the board of education by posting
notices of such election in at least ten of the most public places through-
out the township for at least ten days before the day of such regular
election, which notice may be in the following form, to wit :

HIGH SCHOOL ELECTION.

Notice is hereby given that on Saturday, the day of April, 1 ,

an election will be held at , for the purpose of voting "for''

or "against" the proposition to establish a manual training department for

the high school in township No , range The polls

will be opened at o'clock, . . . .m., and closed at o'clock, . . . .m.



Township Treasurer.

The ballots for such election shall be canvassed as in other elections,
and may have on them the names of the persons voted for at such elec-
tion. If a majority of the votes cast shall be in favor of establishing
a manual training department for the high school in such district, it
shall be the duty of the board of education to establish and maintain
therein such department as a part of the high school.

COUNTY NORMAL SCHOOLS.

98. In each county adopting township organization, the board of
supervisors, and in other counties the county court, may establish a
county normal school for the purpose of fitting teachers for the common
schools. They shall be authorized to levy taxes and appropriate moneys
for the support of said schools, and also for the purchase of necessary
grounds and buildings, furniture, apparatus, etc., and to hold and
acquire, by gift or purchase, either from individuals or corporations, any
real estate, buildings or other property, for the use of said schools, said
taxes to be levied and collected as all other county taxes : Provided,
however, that in counties not under township organization, county courts
shall not be authorized to proceed under the provisions of this Act until
the subject shall have been submitted to a vote of the People, at a
general election, and it shall appear that a majority of all the votes
cast on the subject, at said election, shall be in favor of the establishment
of a county normal school. The ballots used in voting on this subject
may read : "For a county normal school/' or "against a county normal
school/'

99. The management and control of said school shall be in a
county board of education, consisting of not less than five nor more
than eight persons, of which board the chairman of the board of super-
visors, or the judge of the county court, as the case may be, and the
county superintendent of schools, shall be ex officio members. The
other members shall be chosen by the board of supervisors or county
court, and shall hold their offices for a term of three years. But at the
first election one-third shall be chosen for one year, one-third for two
years, and one-third for three years, and thereafter one-third shall be
elected annually. Said elections shall be held at the annual meeting
of the board of supervisors in September, or at the September term of
the county court, as the case may be.



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100. Said board of education shall have power to hire teachers,
and to make and enforce all needful rules and regulations for the man-
agement of said schools. A majority of the board shall constitute a
quorum for the transaction of business, and a meeting of the board may
be called at any time by the president or secretary, or by any three of
the members thereof. Said board shall proceed to organize within
twenty days after their appointment,, by electing a president, who shall
hold his office for one year. The county superintendent shall be &x
officio secretary of the board. Said board shall make to the board of
supervisors at their annual meeting in September, or to the county
court at the September term, as the case may be, a full report of the
condition and expenditures of said county normal school, together with
an estimate of the expenses of said school for the ensuing year.

101. Two or more counties may unite in establishing a. normal
school, in which case the per cent of tax levied for the support of said
school shall be the same in each county.

102. In all counties that have already established normal schools,
the action of the board of supervisors in so doing, and all appropria-
tions made by them for their support, are hereby legalized, and said
board of supervisors are hereby authorized and empowered to make
further appropriations for. the support of such school already established,
until such schools have been established under the previous sections of
this Act,

SCHOOL DIRECTORS.

103. In all school districts having a population of fewer than
one thousand inhabitants, and not governed by any special Act, there
shall be elected a board of directors to consist of three members.

104. The directors of each district shall be a body politic and cor-
porate, by the name of "school directors of district No county

of . . and State of Illinois/ 3 and by that name may sue

and be sued in all courts and places where judicial proceedings are had.

105. Any person not a treasurer, or a trustee of schools, who has
attained to the age of 21 years, who is a resident of the school district
and able to read and write the English language, shall be eligible to the
office of school director.

106. The annual election of school directors shall be on the third
Saturday of April. At the first regular election of directors after the
passage of this Act, a successor to the director whose term of office then
expires shall be elected, and thereafter one director shall be elected in
each district, annually, who shall hold his office for three years. When
vacancies occur by removal from the district or otherwise, the remain-
ing director or directors shall, without delay, order an election to fill
such vacancies, which election shall be held on Saturday.

107. Notice of all elections in organized districts shall be given
by the directors at least ten days previous to the day of election. Such
notice shall be posted in at least three of the most public places in the
district, shall specify the place where such election is to be held, the
time of opening and closing the polls, and the question or questions to
be submitted, and may be in the following form, to wit:



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NOTICE OF ELECTION.

Notice is hereby given that on Saturday, the day of April, 1 ,

an election will be held at for the purpose of electing

school director for district No in

county. The polls will be opened at o'clock, m.,

and closed at o'clock, m.

Dated this day of , 1

A B President,

C D Clerk.

Should the directors fail or refuse to order any regular or special
election, it shall be the duty of the township treasurer, or if the town-
ship treasurer fails to do so, of the county superintendent, to order such
election within ten days.

108. Two of the directors ordering an election shall act as judges,
and one as clerk. If the directors, or any of them, shall fail to attend
an election, or shall refuse to act when present, and in elections to fill
vacancies, the legal voters assembled shall choose such additional mem-
bers as may be necessary to act as judges and clerk of the election. If
the directors or judges- shall be of the opinion that on account of the
small attendance of voters the public good requires it, or if a majority
of the voters present desire it, they shall postpone the election until the
next Saturday, at the same time and place. If notice shall not have been
given as required, the election shall be held on any Saturday, notice
being given as required by law. In case of a tie, the judges shall decide
the vote by lot on the day of election.

109. Within ten days after the election, the judges shall cause the
poll book to be delivered to the township treasurer, with a certificate
showing the election of directors and the names of the persons elected;
which poll book shall be filed by the treasurer, and shall be evidence of
the election. In a district divided by a township line the poll books
shall be returned to the treasurer who receives the taxes of the district.

110. Within ten days after the annual election, the directors shall
meet and organize by appointing one of their number president, and
another of their number clerk. The clerk shall at once report to the
proper treasurer or treasurers the names of the president and clerk so
appointed.

111. The directors shall hold regular meetings at such times as
they may designate, and special meetings at the call of the president or
any two members. No official business shall be transacted by the direc-
tors except at a regular or a special meeting. Two directors shall con-
stitute a quorum for the transaction of business. If the president or
clerk be absent from any meeting, or refuse to perform his official duties,
a president or a clerk pro tempore shall be appointed.

112. The clerk shall keep in a punctual, orderly and reliable
manner, a record of the official acts of the board which shall be signed
by the president and the clerk, and submitted to the township treasurer
for his inspection and approval on the first Mondays of April and
October, and at such other times as the treasurer may require. On all
questions involving the expenditure of money, the yeas and nays shall
be taken and entered on the records of the proceedings of the board.



32

113. On or before the seventh day of July, annually, the clerk
shall report to the treasurer having the custody of the funds of his dis-
trict, such statistics and other information in relation to the schools of
his district as the treasurer is required to include in his report to the
county superintendent of schools.

114. The board of directors shall have the following additional
duties :

First To make, at the annual election of directors, to the voters
there present, a detailed report of receipts and expenditures, and trans-
mit a copy of the same within five days to the township treasurer.

Second To report to the county superintendent within ten days the
names of all. teachers employed, with the dates of the beginning and end
of their contracts.

Third To provide for the revenue necessary to maintain schools in
their district.

Fourth To determine, in case of a district composed of parts of two
or more townships, which treasurer is to receive the taxes of the district,
and to notify the collectors in writing accordingly.

Fifth To adopt and enforce all necessary rules and regulations for
the management and government of the public schools of their district.

Sixth To visit and inspect the public schools as the good of the
schools may require.

Seventh To appoint all teachers and fix the amount of their sal-
aries.

Eighth To direct what branches of study shall be taught, what text
books and apparatus shall be used, and to enforce uniformity of text
books in the public schools ; but they shall not permit books to 'be changed
oftener than once in four years.

Ninth To establish and keep in operation for at least six months in
each year, and longer if practicable, a sufficient number of free schools
for the accommodation of all persons in the district over the age of six
and under twenty-one years, and to secure for all such persons the right
and opportunity to an equal education in such schools.

Tenth To purchase, at the expense of the district, a sufficient num-
ber of text books used to supply children whose parents are unable to
buy them. Such text books shall be loaned only, and the directors shall
require the teacher to see that they are properly cared for and returned
at the end of each term of school.

Eleventh To deliver to the township treasurer on or before the
seventh day of July, annually, all teachers' schedules made and certified
as required by law.

Twelfth To pay no public money to any teacher unless such teacher
at the time of his or her employment shall have held a certificate of
qualification obtained under the provisions of this Act, and shallhave
kept and furnished schedules as required by this Act, and shall have
satisfactorily accounted for books, apparatus and other property of the
district that he may have taken in charge.



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Thirteenth To cause a copy of the township treasurer's report of
the financial condition of the district to be entered upon the records of
the district, and to post the same at the front door of the building where
the annual election of directors is held.

115. The board of school directors shall be clothed with the fol-
lowing powers :

First To purchase a suitable book for their records.

Second To allow the clerk a reasonable compensation for his ser-
vices, payable out of money not otherwise appropriated.

Third To dismiss a teacher for incompetency, cruelty, negligence,
immorality or other sufficient cause.

Fourth To assign pupils to the several schools in the district; to
admit non-resident pupils when it can be done without prejudice to the
rights of resident pupils; to fix rates of tuition, and to collect and pay
the same to the township treasurer for the use of the district.

Fifth To suspend or expel pupils guilty of gross disobedience or
mis-conduct, and no action shall lie against them for such expulsion
or suspension.

Sixth To provide that children under twelve years of age shall not
be kept in school more than four hours daily.

Seventh To appropriate school funds for the purchase of libraries
and apparatus, after provision has been made for the payment of all
necessary school expenses.

Eighth To sell at public or private sale any personal property be-
longing to the school district, and not needed for school purposes.

Ninth To grant special holidays whenever in their judgment such
action is advisable, but no deduction shall be made from the time or
compensation of a teacher on account of such days.

Tenth To have the control and supervision of all public school houses
in their district, and to grant the temporary use of them, when not occu-
pied by schools, for religious meetings and Sunday schools, for evening
schools and literary societies, and for such other meetings as the direc-
tors may deem proper.

Eleventh To decide when a site or building has become unnecessary,
unsuitable, or inconvenient for a school.

Twelfth To borrow money, and issue bonds for the purposes and in
the manner provided by this Act.

Thirteenth To furnish each school with a flag and staff, as provided
by law.

Fourteenth To establish classes having an average attendance of
not fewer than fifteen pupils for the instruction of crippled children
over the age of six and under twenty- one years.

Fifteenth To establish classes for the instruction of deaf children
over the age of three and under twenty-one years : Provided, however,
that no person shall be, employed to teach the deaf who shall not have
received instruction in the methods of teaching the deaf for a term of
not less than one year.



3 S T,



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Sixteenth To establish kindergartens for the instruction of children
between the age of four and six years,, when authorized by a majority
of the votes cast at an election held for that purpose under the pro-
visions of section 198 of this Act: Provided, however, that the tuition
or other expenses of such kindergartens shall be defrayed from the
local tax and from the special school revenue of the district : And, pro-
vided, -further, that no one shall be employed to teach in a kindergarten
who does not hold a certificate issued as provided by law certifying that
the holder has been examined upon kindergarten principles and is com-
petent to teach the same.

116. Every order issued by the school director shall state for
what purposes or on what account it is issued, and shall be in the fol-
lowing form, to wit:

$ STATE OF ILLINOIS, , 1 ...

THE TREASURER OF TOWNSHIP.

No Range No , in County,

Pay to the order of

the sum of Dollars,

100

for

By order of the Board of Directors of

District No. in said County.

President,

Order No. Clerk.

An order paid in full and properly endorsed shall be a sufficient re-
ceipt for the purposes of this Act. The school directors shall issue no
order, except for teachers' wages, unless at the time there are sufficient
funds in the hands of the treasurer to pay it.

117. When there is no money in the treasury to defray the or-
dinary and necessary expenses of the district, the directors may issue
warrants against and in anticipation of any taxes levied for the payment
of the ordinary and necessary expenses of the district, to the extent of
75 per cent of the total amount of the tax levied. Such warrants shall
show upon their face that they are payable solely from the taxes when
collected, and shall be received by any collector of taxes in payment of
the taxes against which they are issued. And such taxes shall be set
apart and held for their payment.

118. The directors shall pay the wages of teachers monthly. f Up-
on the receipt of a schedule properly certified the directors shall forth-
with issue and deliver to the teacher an order on the township treasurer
for the amount named in the schedule. Such order shall state the rate


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Online Librarystatutes Illinois. LawsThe school law of Illinois, enacted by the Forty-sixth General Assembly → online text (page 4 of 12)