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

and time for which the teacher is paid. It shall not be lawful for the
directors to issue an order until ihey have duly certified to the schedule ;
nor shall it be lawful for the directors,- after the date for filing schedules
as fixed by law, to certify any schedule not delivered to them before that
date, when such schedule is for time taught before the first of July pre-
ceding, nor to give an order in payment of a teacher's wages for the time
covered by such delinquent schedule.



35

119. It shall not be lawful for a board of directors to purchase or
locate a school house site, or to purchase, build or move a school house,
or to levy a tax to extend schools beyond nine months, without a vote of
the people at an election called and conducted as required by section 198
of this Act. A majority of the votes cast shall be necessary to authorize
the directors to act. If no locality shall receive a majority of the votes,
the directors may select a suitable site. The site selected by either
method shall be the school site for such district.

120. In case the compensation for the school house site cannot be
agreed upon, it shall be the duty of the directors to have such compensa-
tion determined in the manner provided by law for the exercise of the
right of eminent domain : Provided, however, that no tract of land out-
side the limits of any incorporated city or village, and within forty rods
of the dwelling of the owner of the land, shall be taken for a school site
without the owners consent.

121. Pupils may be transferred from one district to another upon
the written consent of a majority of the directors of each district, which
written consent shall be filed with the treasurer and shall be evidence
of such consent. The duty of collecting the amount due on account of
pupils transferred shall devolve upon the directors of the district in
which the school was taught.



BOARDS OF EDUCATION.

123. In all school districts having a population of not fewer than
one thousand and not more than one hundred thousand inhabitants,
and not governed by special Acts, and in such other districts as may
hereafter be ascertained by any special or general census to have such
population, there shall be elected a board of education to consist of a
president, six members and three additional members for every additional
ten thousand inhabitants: Provided, however, that in no case shall
such board consist of more than fifteen members. When such board of
education is the successor of the school directors, all rights of property,
and all rights regarding causes of action existing or vested in such direc-
tors, shall vest in it as fully and completely as they were vested in the
school directors.

124. Incorporated cities and villages, except such as have con-
trol of schools by special Acts, shall remain parts of the school townships
in which they are situated and be subject to the provisions of this Act.

125. The president of the board of education shall be elected an-
nually, at the time the members of the board are elected, and shall hold
his office for the term of one year. He shall preside at all meetings,
but shall have no vote except in case of a tie. He shall perform such
duties as are imposed by law upon presidents of boards of directors, or
such as may be imposed upon him by the board of education.

126. The election of boards of education shall be governed by the
provisions of this. Act relating to the election of boards of directors :
Provided, however, that boards of education shall have power to estab-
lish a suitable number of voting precincts, and fix the boundaries there-



36

of for the accommodation of the voters of the district in which such
election is held, in each of which voting precincts there shall be one poll-
ing place designated by the board. Whenever the board of education
shall establish more than one voting precinct for such election they shall
appoint two judges and one clerk for each polling place, assigning so
far as practicable at least one member of such board to each polling
place. When the time for the election of members of boards of educa-
tion or boards of inspectors is fixed by virtue of any special Act, such-
election may be held at the time provided for the election of school
directors.

127. The board of education shall have all the powers of school
directors, be subject to the same limitations, and, in addition thereto,,
they shall have the power, and it shall be their duty :

First To establish and support free schools for not less than six nor
more than ten months in each year.

Second To repair and improve school houses and furnish them with
the necessary fixtures, furniture, apparatus, libraries and fuel.

Third To examine teachers by examinations supplemental to any
other examinations, and to employ teachers and fix the amount of their
salaries.

Fourth To establish schools of different grades, to adopt regulations
for the admission of pupils into the same, and to assign pupils to the-
several schools.

Fifth To buy or lease sites for school houses with the necessary
grounds : Provided, however, that it shall not be lawful for such board
of education to purchase or locate a school house site, or to purchase,
build or move a school house, unless authorized by a majority of all the-
votes cast at an election called for such purpose in pursuance of a petition
signed by not fewer than five hundred legal voters of such district, or
by one-fifth of all the legal voters of such district : And, provided.,
further, that if no locality shall receive a majority of all the votes cast
at such election, the board of education may, if, in their judgment, the
public interest requires it, proceed to select a suitable school house site :
and the site so chosen by them in such case shall be legal and valid
the same as if it had been determined by a majority of all the votes cast ;
and the site so selected shall be the school house site for such district;
and said district shall have the right to take the same for the purpose of
a school house site, either with or without the owner's consent, by con-
demnation or otherwise: And, provided, further, that all school hou^e
sites heretofore located or selected by boards of education in cases in
which at an election duly called and held as herein provided, no site
received a majority of the votes cast, are hereby legalized and made valid
school house sites in and for the district for which they were so located
and selected.

Sixth To levy a tax to extend schools beyond a period of ten months,,
in each year, upon a petition of a majority of the voters of the district.

Seventh To employ a competent superintendent \vho may be required
to act as principal or teacher in such schools.

Eighth To divide the district into sub-districts, to create new
and to alter or consolidate them.



3* X

<

Ninth To dismiss and remove any teacher, whenever in their opinion
he is not qualified to teach, or whenever in their opinion the interests of
the school may require it.

Tenth To apportion the pupils to the several schools.

Eleventh To appoint a secretary who shall keep a faithful record of
all their proceedings.

Twelfth To prepare and publish annually in some newspaper, or in
pamphlet form, a report including the school attendance in the year
preceding, the program of studies, the number of persons between the
ages of 12 and 21 unable to read and write, and a statement of the
receipts and expenditures, with the balance on hand.

Thirteenth To request the trustees of schools, in writing, to convey
any real estate or interest therein used for school purposes, or held in
trust for schools.

BOARDS OF EDUCATION IN CITIES OF ONE HUNDEED THOUSAND.

128. In cities having a population exceeding 100,000 inhabitants,
the board of education shall consist of twenty-one members, to be
appointed by the mayor, by and with the advice and consent of the
common council, seven of whom shall be appointed for the term of one
year, seven for the term of two years, and seven for the term of three
years. At the expiration of the term of any members of said board, their
successors shall be appointed in like manner and shall hold their office
for the term of three years. Any vacancy which may occur shall be filled
by appointment of the mayor, with the approval of the common council,
for the unexpired term.

129. Any person having resided in any such <.-ity more than five
years next preceding his appointment shall be eligible to membership
of such board of education.

130. The board of education shall appoint one of its members
president. It shall also appoint a secretary and such other officers and
employes as it shall deem necessary, and shall prescribe their duties,
compensation and terms of office.

131. The board shall provide books in which shall be kept a faith-
ful record of all their proceedings. The yeas and nays shall be taken
and entered on the records of the proceedings of the board upon all
questions involving the expenditure of money.

132. The board of education shall have charge and control of the
public schools in such cities, and shall have power with the concurrence
of the city council:

First To erect or purchase buildings suitable for school houses, and
keep the same in repair.

Second To buy or lease sites for school houses with the necessary
grounds. If the board of education shall be unable to agree with the
owner or owners for the purchase of such site, then, with the concurrence^
of the city council, it may acquire the title to such site in the manner
provided by law for the exercise of the right of eminent domain. Such
proceedings to condemn shall be in the name of the t.i*y in trust for the
laee of schools.



38

Third To issue bonds for the purpose of building, furnishing and
repairing school houses, for purchasing school sites, iUid to provide for
the payment of such bonds; and to borrow money for school purposes
upon the credit of the city.

133. The said- board of education shall have power :

First To furnish schools with the necessary fixtures, furniture and
apparatus.

Second To maintain, support and establish schools and supply from
taxes the inadequacy of the school funds for the salaries of teachers.

Third To hire buildings or rooms for the use of the board or of
schools.
" Fourth To employ teachers and fix the amount of their compensation.

Fifth To prescribe the school books to be used, and the studies in the
different schools.

Sixth To divide the city into school districts, and to alter- them and
create new ones as circumstances may require, and generally to have and
possess all the rights, powers and authority required for the proper
management of schools, with power to enact such ordinances as may be
deemed necessary and expedient for such purpose.

Seventh To expel any pupil guilty of gross disobedience or mis-
conduct.

Eighth To dismiss and remove any teacher for cause in the manner
provided in section 161 of this Act.

Ninth To apportion the pupils to the several schools.

Tenth To lease school property and to lend moneys belonging to the
school fund.

Eleventh To grant the use of assembly halls and class rooms when
not otherwise needed, including light, heat and attendants, for public
lectures, concerts and other educational and social interests, free of
cost, but under such provisions and control as they may see fit
to impose.

134. It shall be the duty of the board of education :

First To superintend and control the schools in such cities.

Second To examine all persons offering themselves as candidates for
teachers, and, when found well qualified, to give them certificates gra-
tuitously.

Third To visit all the public schools as often as once a month.

Fourth To establish such by-laws, rules and regulations for the
establishment, maintenance and government of a proper and uniform
system of discipline in the several schools as may in their opinion be
necessary.

Fifth To determine from time to time how many and what class of
teachers may be employed in each of the public schools, and to employ
such teachers and fix their compensation.

Sixth To take charge of the school houses, furniture, grounds and
other property belonging to the school districts, and see that they are
kept in good condition and not suffered to be unnecessarily injured or
deteriorated.



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Seventh To provide fuel and such other necessaries for the schools
i\$, in their opinion, may be required in the school houses or other
property belonging to the said districts.

Eighth To establish and maintain vacation schools and play grounds
under such rules and regulations as it shall prescribe.

Ninth To inquire into the progress of pupils and the government
of the schools.

Tenth To prescribe the method and course of discipline and instruc-
tion in the respective schools, and to see that they are maintained and
pursued in the proper manner.

Eleventh To prescribe what studies shall be taught, and what books
and apparatus shall be used.

Twelfth To report to the city council, from time to time, any
suggestions they may deem expedient or requisite in relation to the
schools and the school fund, or the management thereof, and generally
to recommend the establishment of new schools and districts.

Thirteenth To prepare and publish an annual report, which shall
include the receipts and expenditures of each school, specifying the-
source of such receipts and the object of such expenditures.

Fourteenth To communicate to the city council, from time to time,,
such information as may be required.

135. None of the powers herein conferred upon the board of
education of such cities shall be exercised except at a regular meeting.

136.. All conveyances of real estate shall be made to the city and
the title of all property acquired by condemnation shall be vested in the
city, in trust for the use of schools, and no sale of real estate or interest
therein used for school purposes or held in trust for schools shall be
made, except by the city council upon the written request of the board
of education.

137. All moneys raised by taxation for school purposes or received
from the State common school fund, or from any other source for
school purposes, shall be held by the city treasurer as a special fund for
school purposes, subject to the order of the board of education, upon
warrants to be countersigned by the mayor and city comptroller, or, if
there be no city comptroller, by the city clerk.

138. The board of education shall not add to the expenditures
for school purposes anything over and above the amount that shall be
received from the State common school fund, the rental of school lands
or property, and the amount annually appropriated for such purposes.
If the board shall add to such expenditure, the city shall not, in any
ca^e, be liable therefor. And nothing herein container] shall be construed
so as to authorize the levy or collection of any tax upon the demand or
under the direction of the board of education.

139. All schools in such cities shall be governed as herein provided
and no power given to the board of education shall be exerciser! by the
oitv council of such cities.



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PARENTAL SCHOOLS.

140. In cities having a population of 100,000 inhabitants or more,
there shall be established, maintained and conducted, one or more
parental or truant schools for the purpose of affording a place of confine-
ment, discipline, instruction and maintenance of children of compulsory
school age who may be committed thereto in the manner hereinafter
provided.

141. For the purpose of establishing such school or 'schools, sites
may be purchased and buildings constructed or premises rented in the
same manner as is provided for in the case of public schools in such
cities; but no such school shall be located at or near any penal institu-
tion. It shall be the duty of the board of education to furnish such
schools with such furniture, fixtures, apparatus and provisions as may
be necessary for the maintenance and operation thereof.

142. The board of education may also employ a superintendent
and all other necessary officers, agents and teachers; and shall prescribe
the methods of discipline and the course of instruction; and shall exer-
cise the same powers and perform the same duties as are prescribed by
law for the management of other schools.

143. No religious instruction shall be given in such school except
such as allowed by law to be given in public schools; but the board of
-education shall make suitable regulations so that the inmates may
receive religious training in accordance with the belief of the parents of
such children, either by allowing religious services to be held in the
institution or by arranging for attendance at public service elsewhere.

144. It shall be the duty of the truant officer or agent of such
board of education to petition, and any reputable citizen of the city
may petition, the county or circuit court of the county to inquire into
the case of any child of compulsory school age who is not attending
school, and who has been guilty of habitual truancy, or persistent viola-
tion of the rules of the public school, and the petition shall also state
the names, if known, of the father and mother of such child, or the
survivor of them; and if neither father nor mother of such child is
living, or found in the county, or if their names cannot be ascertained,
then the name of the guardian, if there be one known; and if there be
a parent living whose name can be ascertained, or ' a guardian, the
petition shall show whether or not the father or mother or a guardian
consents to the commitment of such child to such parental .or truant
school. ' Such petition shall be verified by oath upon the belief of the
petitioner, and upon being filed the judge of the county or circuit court
shall have the child named in the petition brought before him for the
purpose of determining the application in such petition contained. But
no child shall be committed to such school who has ever been convicted
of any offense punishable by confinement in any penal institution.

145. Upon the filing of such petition the clerk of the court shall
issue a writ to the sheriff of the county directing him to bring such child
before the court, and if the court shall find that the material facts set
forth in the petition are true, and if, in the opinion of the court, such



41

child is a fit person to be committed to such, parental or truant school,
an order shall be entered that such child be committed to such parental
or truant school, to be kept there until he or she arrives at the age of
fourteen years, unless sooner discharged in the manner hereinafter set
forth. Before such hearing notice in writing shall be given to the
parent or guardian of such child, if known, of the proceedings about
to be instituted, that he or she may appear and resist the same if either
of them so desire.

146. It shall be the duty of the parent or guardian of any child
committed to this school to provide suitable clothing upon his or her
entry into such school and from time to time thereafter as it may be
needed, upon notice in writing from the superintendent or other proper
officer of the school. In case any parent or guardian shall refuse or
neglect to furnish such clothing, the same may be provided by the board
of education, and such board may have an action against such parent or
guardian of the child to recover the cost of such clothing with 10 per
cent additional thereto.

147. The board of education of such city shall have power to es-
tablish rules and regulations under which children committed to such
parental or truant school may be allowed to return home upon parole,
but to remain while upon parole in the legal custody and under the
control of the officers and agents of such school, and subject at any time
to be taken back within the enclosure of such school by the superinten-
dent or an authorized officer of said school except as hereinafter pro-
vided ; and full power to enforce such rules and regulations to retake any
such child so upon parole is hereby conferred upon said board of educa-
tion. No child shall be released upon parole in less than four weeks
from the time of his commitment, nor thereafter until the superin-
tendent of such parental or truant school shall have become satisfied
from the conduct of the child that, if paroled, he or she will attend regu-
larly the public or private school to which he or she may be sent by
his or her parents or guardian and shall so certify to the board of educa-
tion.

148. It shall be the duty of the principal or other persons having
charge of the school to which such child so released upon parole may be
sent to report at least once each month to the superintendent of the
parental or truant school, stating whether or not such child attends
school regularly and obeys the rules and requirements of said school;
and if such child so released upon parole shall, be regular in his or her
attendance at school and his or her conduct as a pupil shall be satisfac-
tory for a period of one year from the date on which he or she was re-
leased upon parole, he or she shall then be finally discharged from the
parental or truant school, and shall not be recommitted thereto except on
petition as hereinbefore provided.

149. In case any child released from said school upon parole, as
hereinbefore provided, shall violate the conditions of his or her parole
at any time within one year thereafter, he or she shall, upon the order
of the board of education, as hereinbefore provided, be taken back to
such parental or truant school and shall not be again released upon parole



42

within the period of three months from the date of such re-entering,
and if he or she shall violate the conditions of a second parole he or she
shall he recommitted to such parental or truant school and shall not be
released therefrom on parole until he or she shall remain in said school
at least one year.

150. In any case in which a child is found to be incorrigible and
his or her influence in such school to be detrimental to the interests of
the other pupils, the board of education may authorize the superinten-
dent or any officer of the school to represent these facts to the circuit
or county court by petition, and the court shall have authority to com-
mit said child to some juvenile reformatory.

151. Boards of education in cities having a population of over
25,000 and less than 100,000 may establish, maintain and operate a
parental or truant school for the purposes hereinbefore specified, and in
case of the establishment of such a school, the boards of education shall
have like power in their respective cities as hereinbefore expressed:
Provided, however, that no board of trustees or board of education under
this section shall put this law into effect until submitted to a vote of the
people and adopted by a majority vote at some general election.

TEACHER'S PENSION FUND.

152. In every city in this State having a population exceeding
100,000 inhabitants, there shall be elected a board of trustees to have
the administration and control of a public school teachers 7 pension and
retirement fund, to be created and maintained in the manner provided
by this Act. * Such board of trustees shall consist of nine members. The
secretary of the board of education of such city shall be ex officio a mem-
ber of said board of trustees; in addition thereto there shall be elected
annually at the first meeting of the board of education in the month of
October of each year two of its members to serve on said board of trus-
tees; and at the first election there shall be elected six members to said
board of trustees from the teachers' force employed in said city; two
for the term of one year, two for the term of two years and two for the
term of three years. On the date of the first meeting of said board of
education in the month of October of each year thereafter there shall
in like manner be elected two members to said board of trustees, who
shall hold their office for a term of three years. The election of the
members of said board of trustees by the board of education, shall be by
a majority vote in such manner as they, the board of education, shall
provide. The election of the members to said board of trustees by the
teaching forces of such city shall be by ballot at an election held by the
board of education, which shall conform as nearly as may be to the pro-
visions of the law in relation to school elections, and each person being
a member of the teaching force of such city, and a contributor to said