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

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pension and retirement fund shall be entitled to cast at such election, one
vote for each trustee to be elected. Elections to fill vacancies may be
called by the board of education and held at the annual election : Pro-



43

ridcd, however, that the board of education may fill vacancies occurring
in the membership of said board of trustees elected from said board of
education at any regular meeting of the board of education.

153. Such board of trustees shall have charge of and adminis-
tration of the public school teachers' pension and retirement fund of
such city, and shall have power to invest the same in such manner as
it shall deem most beneficial to said fund,, but in the same manner
and subject to the same terms and conditions as township trustees are
permitted to invest school funds under the law, and shall have power
to make payments from said fund of pensions or annuities granted in
pursuance of this Act; and shall from time to time make and establish
such by-laws, rules and regulations for the administration of said fund,
as they shall deem advisable and shall have power to employ such as-
sistance and service as may, in their judgment be necessary for the
proper enforcement of the provisions of this Act and carrying into
effect valid by-laws, rules and regulations enacted by them, and they
shall have power to fill any vacancies occurring in said board of trus-
tees of members elected from the teaching force of said city, until the
next annual election, when said vacancies shall be filled as provided by
this Act.

154. The public school teachers' pension and retirement fund of
such city shall consist of moneys paid into said fund by persons desir-
ing the 'benefits thereof, under the provisions of this Act; of moneys
received from donations, legacies, gifts, bequests or otherwise on ac-
count of said fund, and of moneys paid into said fund in pursuance of
any law now in force or hereafter to be enacted.

155. Any person who shall be employed to teach in the public
school of any such city, after this Act shall take effect, shall be entitled
to the benefits of said fund upon complying with the provisions of this
Act, and for the purposes of this Act such persons shall be divided into
the following classes:

First Those who have taught five years or less.

Second Those who have taught more than five years and not more
than ten years.

Third Those who have taught more than ten years and not more
than fifteen years.

Fourth Those who have taught more than fifteen years.

After this Act shall take effect, there shall be set apart from the
salaries of all persons hereafter entering for the first time the employ
of the board of education of such cities $5.00 per annum, while they
remain in the first class; $10.00 per annum while they remain in the
second class; $15.00 per annum while they remain in the third class,
and -$30.00 per annum while they remain in the fourth class, which
amounts shall be deducted by the board of education in equal install-
ments from their respective salaries at the regular times for the pay-
ment thereof, and be paid into and constitute a part of the public
school teachers' pension and retirement fund of such city.

^ 156. Teachers employed by the board of education of any such
city, who shall become contributors to and beneficiaries of a public
school teachers' pension and retirement fund, under any provisions of



44

this Act, may count past service as a part of the period of twenty-five
years hereinafter specified, by paying into said fund -i sum equal to that
which he or she would have contributed under the provisions of this Act,
had he or she been a regular contributor to said fund, during said
period of past service, together with interest thereon at the rate of 4
per cent per annum from the time such payments would have been made
to the time such person shall by making such payment become entitled
to the benefit of such past service.

157. Such board of trustees shall have the power and it shall be
its duty to pass a resolution declaring the maturity of service and right
to the immediate benefits of said fund in favor of persons entitled to the
benefits thereof in the following cases :

First When any such persons shall have taught in the public schools
or rendered service therein for a period of twenty-five years within the
meaning of this Act.

Second When any contributor to the said fund shall have taught
fifteen years in the public schools within the meaning of this Act and
shall have been declared by three competent physicians, who have made
a physical examination of the teacher, at the request of a majority of
such board of trustees, to be suffering from a permanent disability :
Provided, however, that neither said board of trustees nor said board of
education shall declare any contributor entitled to the immediate bene-
fits of said fund until he or she shall have taught in the public schools
of such city three-fifths of the term of service of twenty-five or fifteen
years, as the case may be; and no person shall be entitled to the benefits
of said fund until he or she shall have retired from service as a teacher
in said city.

158. Each teacher so retired or retiring after twenty-five years of
service shall thereafter be entitled to receive an annuity of $400.00, and
each teacher so retired because of permanent disability after fifteen
years of service shall receive as an annual pension such proportion of the
full annuity of $400.00 as the sum contributed by such teacher so retired
bears to the total contributions required for a full annuity. Said
pensions and annuities shall be paid monthly during the school year
by said board of trustees out of the fund created in accordance with the
provisions of this Act in the manner provided by law for the payment
of teachers 5 salaries.

159. The president and the secretary of said board of education
shall certify monthly to the city treasurer all amounts deducted from
the salaries of teachers, special teachers, principals and superintendents
of schools in accordance with the provisions of this Act, which amounts,
as well as all other moneys contributed to said fund, shall be set apart
and held by said treasurer as a special fund for the purposes hereinbefore
specified, subject to the order of said board of trustees herein created,
and shall be paid out upon warrants signed by the president and secretary
of said board of education, and countersigned by the president of the
said board of trustees.

160. The city treasurer, ex offido, shall be the custodian of -said
pension fund, and shall secure and safely keep the same, subject fe> $ie



45

control and direction of said board of trustees, and shall keep his books
and accounts concerning such fund in such manner as may be prescribed
by said board, and said books and accounts shall always be subject to the
inspection of said board or any member thereof. Said city treasurer
shall be liable on his official bond for the proper performance of his
duties and the conservation of the fund created by this Act. Any legal
proceedings which may be necessary for the enforcement of the provi-
sions of this Act shall be brought by and in the name of the board of
education for the use of the board of trustees of the public school
teachers' pension fund.

161. No teacher who has been, or who shall have been, elected by
said board of education, shall be removed or discharged, except for cause,
upon written charges which shall upon the teachers' written request, be
investigated and determined by said board of education, whose action
and decision in the matter shall be final. If at any time a teacher who-
is willing to continue is not reemployed or is discharged before the time
he or she would, under the provisions of this Act, be entitled to a pen-
sion, then such teacher shall be paid back at once the money he or she
may have contributed under, this law. Any teacher who shall retire
voluntarily from the service, prior to entering the aforesaid fourth class,
shall receive a refund of one-half of the money he or she shall have
contributed under this law.

162. All persons who shall be employed as teachers by the board
of education of any such city shall, by such employment, accept the-
provisions of this Act, and thereupon become contributors to said
pension fund in accordance with the terms thereof. Ajid the provisions
of this Act shall become a part of and enter into any such contract of
employment.

163. All pensions or annuities granted under the provisions of
this Act and every portion thereof shall be exempt from attachment or
garnishment process and shall not be seized, taken, subjected to, detained
or levied upon 'by virtue of any execution, or any process or proceedings
whatsoever issued out of or by any court of this State for the payment
or satisfaction in whole or in part of any debt, claim, damage, demand
er judgment against any pensioner hereunder, and no annuitant or
pensioner shall have the right to transfer or assign his or her pension
, or annuity or any part thereof either by way of mortgage or otherwise.

164. Neither the treasurer nor any other officer having the custody
of public school funds of any city having a population exceeding 100,000
inhabitants shall be entitled to retain any interest accruing thereon or
any part thereof, but such interest shall accrue and inure to the benefit
of such school funds respectively, become a part thereof and be paid
into the city treasury, subject to the purposes of this Act.

165. The board of education of any such city, as to such funds
raised by taxation, levied by such city for school purposes, whether the
same be for educational purposes or for building purposes, shall annually
set aside all interest so added to such funds and contribute the same
to the public school teachers' and public school employes' pension and
retirement funds now created or existing, or such as may be hereafter



46






created pursuant to any law. The amount of such interest so contri-
buted, however, shall not exceed in any year 1 per cent of the sums so
levied for such purposes.

NORMAL SCHOOL SCHOLARSHIPS.

166. There shall be awarded annually to each school townshi
fractional township, a scholarship which shall entitle the holder thereof
to gratuitous instruction in any State normal school, for a period of
four years: Provided, however, that any township 1 saving a population
exceeding one hundred thousand inhabitants, shall be entitled to five
scholarships.

167. The county superintendent shall receive and register the names
of all applicants for such scholarships, and shall hold an examination,
or cause an examination to be held, in each township, for the benefit
of graduates of the eighth grade : Provided, however, that when a
township is divided by a county line, the county superintendent in whose
county the sixteenth section is situated shall have charge of the exami-
nation in such township.

168. All examinations for normal school scholarships shall be
held on any Saturday between the first day of March and the fifteenth
day of May in each year, according to rules and regulations prescribed
by the Superintendent of Public Instruction, and the pupil found to
possess the highest qualifications shall be entitled to such scholarship :
Provided, however, that such pupil shall be a resident of the township
in which such examination is held: And, provided, further, that when
no application is received from any township, the county superintendent
shall assign the pupil found to possess the next highest qualifications to
that township.

169. The county superintendent shall certify the names and
addresses of all successful applicants, with the number and range of the
township to which each pupil is accredited, to the Superintendent of
Public Instruction, who shall issue to each pupil a certificate of scholar-
ship, which shall be accepted by the authorities of any State normal
school in lieu of any entrance examination, "and shall exempt the holder
thereof from the payment of tuition, or any term, matriculation, or
incidental fee whatsoever.



UNIVERSAL SCHOLARSHIPS.






170. There shall be awarded, annually, to each county, one univer-
sity scholarship, which shall entitle the holder thereof to gratuitous
instruction in the University of Illinois for a period of four years.

171. The county superintendent shall receive and register the
names of all applicants for such scholarships, and shall hold an exami-
nation on the first Saturday of June of each year, according to rules
and regulations prescribed by the president of the University, and the
student found to possess the highest qualifications shall be entitled to
such scholarship: Provided, however, that every applicant shall be at



4?

least 16 years of age, and a resident of the county in which such
examination is held: And, provided, further, that no student who has
attended the University of Illinois shall be eligible to such examination.

172. The county superintendent shall return to the president of
the University, within ten days after such examination, a list of the
names of all applicants examined, the grades obtained, together with
the examination papers submitted by them; and the president of the
University shall issue to the successful applicant a certificate of scholar-
ship as directed by the provisions of this Act: Provided, however ', that
in case no return is made from a county, the president of the University
may assign to that county from some other county the student found
to possess the next highest qualifications.

173. In addition to the scholarships provided for in section 170,
each member of the General Assembly is authorized to nominate and
appoint, annually, one person of school age and otherwise eligible, from
his district, who shall, by virtue of his appointment, receive a certificate
of scholarship in the University. Each member of the General Assembly
shall file with the president of the University on or before the first
Saturday in June, the name and address of the student nominated by
him to receive such scholarship. The candidate for such scholarship
shall present himself for nomination before the county superintendent
in the county where such student resides, at the time stated in section
171 for the competitive examination. The president of the University
shall prescribe the rules and regulations governing such examination:
Provided, however, that in case the person named fails to pass the
required examination for admission, the president of the University
shall at once notify the member making the appointment, who may
name another person for such scholarship : And, provided, further, that
if the member of the General Assembly shall so elect, the scholarship
under his control may be awarded by competitive examination conducted
under like rules as prescribed in section 171 of this Act.

174. Any University scholarship issued under the provisions of
this Act shall exempt the holder from the payment of tuition, or any
matriculation, term or incidental fee whatsoever, except for purchase of
laboratory supplies and similar fees for supplies and iiiaterials : Provided,
however, that such student shall be subject to all examinations, rules
and requirements of the board of trustees and faculty, except as herein
directed : And, provided, further, that the privileges of these scholar-
ships shall not be available in the professional schools and colleges of
the University : And, provided, further, that this Act shall not be con-
strued to prohibit the board of trustees from granting other scholarships.

175. Any student holding a University scholarship, who shall
make it appear to the satisfaction of the president of the University that
he requires leave of absence for the purpose of earning funds to defray
his expenses while in attendance, may be granted such leave of absence,
and may be allowed a period not to exceed six years to complete his
course at the University.



48

TEACHERS.

176. No one shall be authorized or employed to teach in the com-
mon schools of this State, or shall receive, for teaching, any part of
any public school fund, who is not at least 18 years of age, if a man r
or 17 years of age, if a woman, and who does not hold at the time he
enters upon his duties a certificate of qualification issued by the county
superintendent of schools or the Superintendent of Public Instruction 1
Provided, however, that in any county in which a county normal school
is established, under the control of a county board of education, the
diplomas of graduates in said normal school shall, when directed by said
board, be taken by the county superintendent as sufficient evidence of
qualification to entitle the holder to a first grade certificate if presented
within two years from such graduation.

177. Certificates of qualification issued by the Superintendent of
Public Instruction shall be valid in every district in the State during
the good behavior of the holder. Such certificates shall be granted only
upon a public examination, complete in itself, under such regulations-
and by such examiners as the Superintendent of Public Instruction shall
prescribe and appoint. The holder of any State certificate, while he
continues to teach, shall, annually, before entering upon his duties as-
teacher, present his certificate to the county superintendent for registra-
tion. A fee of one dollar shall be charged therefor and covered into
the institute fund.

178. Certificates of qualification granted by the county superin-
tendent shall be of two grades:

A certificate of the first grade shall be valid in the county for two-
years and shall certify that the person to whom such certificate is issued
is of good character and qualified to teach orthography, reading in Eng-
lish, penmanship, arithmetic, English grammar, modern geography^
civics, the elements of the natural sciences, the history of the United
States, the history of Illinois, physiology and the laws of health.

A certificate of the second grade shall be valid for one year, and shall
certify that the person to whom such certificate is issued is of good char-
acter and is qualified to teach orthography, reading in English, pen-
manship, arithmetic, English grammar, modern geography, civics, the
history of the United States and the history of Illinois.

Such certificates may be in the following form, to wit :

ILLINOIS, , 1 ...

The undersigned having examined in orthography,

reading in English, penmanship, arithmetic, English grammar, modern geog-
raphy, civics, the history of the United States, the history of Illinois, and

methods of teaching, and being satisfied that is of good

character, hereby certifies that qualifications in these

branches are such as to entitle to this certificate, being of the

grade, and valid in this county for year from

the date hereof, renewable at the option of the county superintendent by his
endorsement hereon.

Given under my hand and seal at the date aforesaid.

A B

County Superintendent of Schools.



OF T Mfe -

49

OF



Teachers of music,, drawing, penmanship, bookkeeping,
other special study, exclusively, shall not be required to be examined
except in reference to such special study, and in such cases it shall not
be lawful to employ such teachers to teach any branch of study except
such as they have been examined upon and which shall be stated in such
certificates. The county superintendent may, in his option, renew cer-
tificates at their expiration by his endorsement thereon, and may revoke
a certificate at any time for immorality, incompetency or other just
cause.

179. Every school established under the provisions of this Act shall,
be for instruction in the branches of education prescribed in the qualifi-
cations for teachers, and in such other branches, including vocal music
and drawing, as the directors, or the voters of the district at the annual
election of directors may prescribe.

180. Examinations for teachers' certificates shall be held by the
county superintendent quarterly, and oftener, if necessary, on such days
and in such places as will accommodate the greatest number of persons
desiring such examination. Notice of such examinations shall be pub-
lished a sufficient length of time in at least one newspaper of general
circulation. A fee of one dollar shall be charged for the examination
and also for the renewal of a certificate.

181. The county superintendent shall hold an annual institute,
not fewer than five days, for the instruction of teachers and those who
may desire to teach. With the concurrence of the Superintendent of
Public Instruction he shall employ such assistance as may be necessary
to conduct the institute. Two or more adjoining counties may hold an
institute together. At every institute instruction shall be free to holders-
of certificates good in the county or in any of the counties holding the
institute, and to those who have paid an examination fee and failed to
receive a certificate. All others attending shall be required to pay a
registration fee of one dollar.

182. All examination and registration fees, and fees for renewals,
shall be transmitted monthly to the county treasurer, with a list of
the names of the persons paying such fees. Such fund shall constitute
the institute fund, and shall be paid out only upon the order of the
county superintendent, to defray the expenses of teachers' institutes.
When the institute fund in any county exceeds the average annual cost
of the teachers' institute for the next preceding three years, such excess
may be drawn upon by the county superintendent of schools for the pur-
pose of defraying the expense of any general meeting of the teachers of
the county.

183. Five days in any school year, spent by a teacher, during
term time, in attendance upon a teachers' institute, held under the
direction of the county superintendent of schools, ^hall be considered
time lawfully expended in the service of the district, and no deduction
of wages shall be made for such attendance. It shall be the duty of
the school directors to close the schools for such institute.



4 S L



50






184. It shall be the duty of every teacher to see that the school
property of the district, under his care and control, is not unnecessarily
damaged or destroyed. No teacher shall be paid any part of the school
funds unless he shall have furnished schedules, when required by law,
and shall have satisfactorily accounted for all books, apparatus and other
property belonging to the district.

185. Teachers shall keep daily registers, which shall exhibit the
name, age and attendance of each pupil, the day of the week, the month
and the year. Registers shall be in the following form, the absence of
each scholar being indicated by a mark, the presence by a blank, to wit :

Register of a common school kept by A B in district No .,

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Online Librarystatutes Illinois. LawsThe school law of Illinois, enacted by the Forty-sixth General Assembly → online text (page 6 of 12)