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

Average daily attendance






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Such registers shall be furnished to the teachers by the school directors,
and each teacher shall, at the end of his term of school, return his
register to the clerk of the school board of the district. No teacher shall
be paid any part of the school funds unless he shall have accurately kept
and returned the register as aforesaid.

186. In all districts controlled by a board of directors, teachers
shall make schedules of the names of all pupils attending school, in the
form prescribed by this Act, and when pupils reside in two or more
districts, townships or counties, separate schedules shall be kept for
each district, township or county. Boards of education may require
teachers to make schedules, or statements, certifying the number of clays'
attendance for each month, as shown by their registers, which shall be



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certified by the board of education, and be subject to the same require-
ments as schedules. Schedules shall be certified by the teacher, and shall
be in the following form, to wit:

Schedule of a school taught by .<,...! , in

district No. ... .. . . .,, in the county of , in the

State of Illinois. Names and ages of pupils residing in district No ,

county, who have attended school during

the time beginning the. .,. . . .day of. ... ....... . . . . . ., 1 ,

during which time the school was in session .school

days.

Days
Name. Ages. attended.

John Smith 10 15

Isaac Meisler 13 11

Sarah Danforth 16 20

Mary Newman 18 18

Grand total number of days' attendance 64

Boys. Girls. Total.

Number of pupils ! 2 I 2 4

Average daily attendance 3.2

I hereby certify that the foregoing schedule is correct, to the best of
my knowledge and belief.

A B......

Teacher.

187. The schedule, or schedules, shall be delivered to one of the
directors, who shall, if requested, give the teacher a receipt for the
same. It shall be the duty of the director to examine carefully such
schedule, or schedules, with at least one other director, and correct any
errors, and if such schedule has been made according to law, they shall
certify to the same in the following form, to wit:
STATE OF ILUNOIS, ]

Us.
COUNTY. J

We, the undersigned, directors of district No in

county, certify that we have carefully examined the foregoing schedule and
find it to be correct, and that the school was conducted according to law;

that the teacher is paid according to contract dollars per ;

the sum of dollars is now due for services for

the month ending ; that the teacher has a legal certificate

of grade, and that the property of said district

in charge of such teacher has been satisfactorily accounted for

Signed this day of , 1 ...



Directors.

188. The school month shall be the same as the calendar month.
But a teacher shall not be required to teach on Saturdays or legal school
holidays, which are the first day of January, the fourth day of July, the



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twenty-fifth day of December, and any day appointed by the President
or Governor as a day of fast or thanksgiving, and no deduction shall
be made from the time or compensation of a teacher on account of such
days.

REVENUE.

189. For the purpose of establishing and supporting free schools
for not less than six nor more than nine months in each year, and
defraying all the expenses of the same of every description; for the
purpose of repairing and improving school houses, of procuring furni-
ture, fuel, libraries and apparatus, and for all other necessary incidental
expenses in each district, village or city, the directors of such district
and the authorities of such village or city shall be authorized to levy
a tax annually upon all the taxable property of the district, village or
city not to exceed one and one-half per cent for educational and one
and one-half per cent for building purposes, the valuation to be ascer-
tained by the last assessment for State and county taxes: Provided,
that the term incidental expenses herein used shall not include any
sum expended or obligation incurred for the improvement, repair or
benefit of the school buildings and property, but all such sums and
obligations shall be paid from that portion of the tax levied for building
purposes. No election or petition shall be necessary to authorize the
levy of a tax for the ordinary repair and improvement of school buildings
or grounds or for the payment of any special tax or special assessment
levied upon such property.

190. The board of directors or board of education of each district
shall ascertain, as near as practicable, annually, how much money must
be raised by special tax for educational and for building purposes for
the next ensuing year. Such amounts shall be certified and returned
to the township treasurer on or before the first Tuesday in August,
annually. The certificate shall be signed by the president and clerk, or
secretary, as the case may require, and may be in the following form,
to wit :

CERTIFICATE OF TAX LEVY.

We hereby certify that we require the sum of dollar

to be levied as a special tax for educational purposes, and the sum of

dollars to be levied as a special tax for building purposes, on the equalized
assessed value of the taxable property of our district, for the year,. 1 ...

Signed this day of 1 ...

A B President,

C D Clerk.

District No , County.

The township treasurer shall return the certificate to the county clerk,,
on or before the second Monday of August. A failure by the school
board to file the certificate, or of the treasurer to return it to the county
clerk in the time required, shall not vitiate the assessment.

191. When a district lies partly in two or more counties the direct-
ors shall ascertain, as near as practicable, the amount to be raised by
special tax for educational and building purposes, and shall prepare a
certificate for each county in which such district may lie, and deliver



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the certificates to the township treasurer who receives the tax money
of such district, who shall return a certificate to each of the county clerks
of the counties in which a part of such district is situated. On the first
Monday of October, annually, or as soon thereafter as may be practicable,
the county clerk of each of such counties shall ascertain the total
equalized valuation of all the taxable property in that part of such dis-
trict as shall lie in his county, and certify the amount thereof to the
county clerk of each of the other counties in which such district may
lie; and from the aggregate of such equalized valuation, and from the
certificate of the amount so required to be levied, such clerk shall ascer-
tain the rate per cent required to produce in such district the amount
of such levy, and at that rate shall extend the special tax to be levied foi
educational and building purposes in that part of such district lying
in his respective county.

192. It shall be the duty of assessors, when making assessments
of personal property, to designate the number of the school district in
which the person assessed resides. Such designation shall be made by
writing the number of the district opposite each person's assessment of
personal property in the assessment roll returned by the assessor to the
county clerk. The officers preparing blank books and notices for the
use of assessors shall provide columns and blanks, so that the number of
the school district may be designated.

193. On or before the first day of April next after the delivery
of the tax books containing the computation and levy of the taxes, or
as soon thereafter as the treasurer shall present the certificate of the
amount of the tax, and make a demand therefor, the collector shall pay
to the treasurer the full amount of the tax certified by the county clerk,
or in case any part remains uncollected, the collector shall, in addition
to the amount collected, deliver to the treasurer a statement of the
amount of uncollected taxes for each district of the township, taking his
receipt therefor, which receipt shall be evidence in favor of the col-
lector as against the treasurer.

194. If any collector shall fail to pay the taxes or any part there-
of, the treasurer, or other authorized person, may proceed against him
and his securities in an action of debt upon his official bond in any
court of competent jurisdiction. The collector so in default shall pay
twelve per cent on the amount due, to be assessed as damages, which shall
be included in the judgment rendered against him. If he can show that
any part of the taxes could not be collected by law, he shall not be liable
for such taxes until he has collected, or may be able to collect them.

BONDS.

195. For the purpose of building or repairing school houses or
purchasing or improving school sites, the directors of any school dis-
trict, when authorized by a majority of the votes cast at an election held
for that purpose, may borrow money; and, as evidence of such indebted-
ness, may issue bonds signed by at least two directors, in denominations
of not less than $100.00, and bearing interest at a rate not exceeding
7 per cent per annum.



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196. All bonds issued by virtue of this Act, before being issued,
negotiated and sold, shall be registered, numbered and countersigned by
the treasurer who receives the taxes of the district. Such registration
shall be made in a book provided for that purpose, in which shall be
entered the record of the election authorizing the directors to borrow
money, and a description of the bonds issued, including the number,
date, to whom issued, amount, rate of interest and when due.

197. All moneys borrowed under the authority of this Act shall
be paid to the treasurer of the township wherein the bonds issued there-
for are required to be registered. Upon receiving such moneys, the
treasurer shall deliver the bond or bonds issued therefor to the person
or persons entitled to receive them, and shall credit the funds received
to the district issuing the bonds. The treasurer shall record the exact
amount received for each and every bond issued. When any such bonds
are paid, the treasurer shall cancel the same and shall enter, against the

record of such bonds, the words "paid and cancelled the day

of . . 1. . ." filling the blanks with the day, month

and year corresponding to the date of such payment.

198. When it is desired to hold an election for the purpose of
borrowing money, the directors of the district shall give at least ten
days 5 notice of the election, by posting notices in at least three of the
most public places in the district. Such notices shall specify the place
where such election is to be held, the time of opening and closing the
polls, and the question to be voted upon, which notice may be in the
following form, to wit:

NOTICE OF ELECTION.

Notice is hereby given that on day of

1 , an election will be held at school district No

in . v County, Illinois, for the purpose of voting "for" of

"against" the proposition to issue bonds of district No to the

amount of dollars due (here insert the times of payment,

giving the amount falling due in each year, if the bonds mature at different

days), which bonds are to bear interest at the rate of per cent per

annum, payable annually. 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.

199. Two of the directors shall act as judges of the election and
one as clerk. In case a director shall fail to attend or to act at such
election, the legal voters assembled shall choose from their number, at
the time of opening the polls, some person to act as judge or clerk, as
the case may be. The judges and clerk shall take and subscribe the oath
required of judges and clerks of an election held for State and county
officers. All votes shall be by ballot,

200. Within ten days after the election the judges shall cause the
poll books to be returned to the township treasurer who is required to
register such bonds, with a certificate thereon showing the result of the
election, which poll book shall be filed and kept by the treasurer, and
shall be evidence of such election.



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201. When a school district has issued bonds, or other evidence
of indebtedness, for any purposes which are binding and subsisting legal
obligations, and remaining outstanding, the directors of such school dis-
trict may, upon the surrender of any such bonds or other evidences of
indebtedness, issue in liew thereof, to the holders or owners of the same,
or to other persons for money with which to pay the same, new bonds
or other evidences of indebtedness, according to the provisions of this
Act.

COUNTY CLERK.

232. Whenever the returns of an election for trustees of schools
are made to the county clerk, it shall be his duty to furnish to the county
superintendent of schools, within ten days after such returns have been
made, the names of the trustees so returned to him, and to specify the
townships in which they have been elected.

203. It shall be the duty of the county clerk to furnish the directors
of any school district, upon request, a certificate showing the last ascer-
tained equalized value of the taxable property of such district.

204. When a school district lies partly in two or more counties, it
shall be the duty of the county clerk of each county in which any part
of such district lies to furnish, upon request, to the directors of such
district, a certificate showing the last ascertained equalized value of the
taxable property in that part of such district lying in such county.

205. It shall be the duty of the county clerk, when making out
the tax books for the collector, to compute each taxable person's tax
in each school district upon the total amount of taxable property as
equalized by the State Board of Equalization for that year, lying and
being in such district, whether belonging to residents or nonresidents,
and also upon each and every tract of land, the larger part of which lies
in such district. Such compensation shall be made so as to realize the
amount of money required to be raised ii- such district, as shown and
set forth in the certificate of tax levy, made out by the directors of such
district, and filed with the township treasurer, as required by this Act.
The said county clerk shall cause each person's tax, so computed, to be
?et upon the tax book to be delivered to the collector for that year, in a
separate column against each taxpayer's name, or parcel of taxable prop-
erty, as it appears in said collector's books, to be collected in the same
manner, and at the same time, and by the same person, as State and
county taxes are collected. He shall number the school districts on the
maps in his office to correspond with the numbers of districts as returned
to him by the county superintendent of schools, and in making up the
tax books to be delivered to the collector of taxes, the county clerk
shall copy into such tax books the number of the school district set
opposite to each person's assessment of personal property by the assessor
making the assessment of such person, and shall extend the school tax
on each person's assessment of personal property, according to the rate
required by the amount designated b}^ the directors of the school district
in which such person resides, as shown by the certificate of tax levy. The
computation of each person's tax and the levy made by the clerk shall



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be final and conclusive. The rate shall be uniform, and shall not
exceed that required by the amount certified by the board of directors.
The said county clerk, before delivering the tax book to the collector,
shall make out and send by mail to each township treasurer of the
county a certificate of the amount due each district or fraction of a
district in his township, from the tax so levied and placed upon the
tax books.

206. The county clerk shall record and preserve the report of the
county superintendent made to the county board at the first regular term
of such board in each year relating to the sale of school lands, the
amount of money received, paid, loaned out and on hand, belonging to
each township fund in his control, and the statement copied from the
loan book of such county superintendent, showing all the facts in regard
to loans which are required to be stated in the loan book.

'THE COUNTY BOARD.

207. It shall be the duty of the county board of each county of
-the State:

First To provide for the county superintendent of schools a suitable
office with necessary furniture and office supplies, as is done in the case
of other county officers.

Second To examine and approve or reject the report of the county
superintendents of schools made to such board.

Third To audit at the regular meeting in September, and as near
quarterly thereafter as such board may have regular or special meetings,
the itemized bills of the county superintendent of schools for the expense
of his office.

Fourth To authorize the county superintendent of schools to employ
mich assistants as he needs for the full discharge of his duties, and to
fix the compensation thereof, which compensation shall be paid out of
the county treasury.

Fifth To examine the financial statements of the county superin-
tendent of schools required by section 11 of this Act and compare the
same with vouchers, and the county board, or so many of them as may
be present at the meeting of the board, shall be liable individually to the
fund injured and to the securities of the county superintendent, in case
judgment be recovered of the said securities, for all damages occasioned
by neglect of the duties, or any of them, required of the board by this
section : Provided, however, that nothing herein contained shall be con-
strued to exempt the securities, but they shall remain liable to the fund
injured the same as if the members of the county board were not liable
to them for neglect of their duty.

208. The county board of each county of this State shall have
power :

First To approve the bond of the county superintendent of schools,
-and to increase the penalty of such bond if. in the judgment of the
county board, such penalty should be so increased.

Second To require the county superintendent' of schools, after notice
given, to execute a new bond, conditioned and approved as the first



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bond, whenever in the discretion of the county board such new bond is
necessary: Provided, however, that the execution of such new bond
shall not affect the old bond or the liability of the security thereof.

Third To require the county superintendent of schools to make the
reports to such board provided for by law, and to remove him from office
in case of neglect or refusal so to do, or for any palpable violation of
law or omission of duty.

209. When the office of county superintendent of schools shall
become vacant, the county board shall fill the vacancy by appointment. If
by reason of a tie upon the vote to fill such vacancy, or from any other
cause, the vacancy shall not be filled by the county board within thirty
days of the time it occurs, it shall be the duty of the clerk of the county
board to summon the county judge of the county in which the vacancy
exists to meet with the county board at a time and place designated by
the clerk, of which meeting the members of the county board shall have
notice; and the county board and county judges, when so notified, shall
meet at the time and place designated, at which meeting the county judge
shall preside, and in case of a tie he shall give the casting vote. The
clerk shall notify the person so selected of his appointment.

SCHOOL FUND.

210. The common school fund of this State shall consist, until
otherwise provided by law, of the proceeds of a two-mill tax levied
annually upon each dollar of the equalized assessed value of all the
property in the State ; the interest on the school fund proper, which fund
is 3 per cent upon the proceeds of the sales of public lands in the
State, one-sixth part excepted; and the interest on the surplus revenue
distributed by Act of Congress and made part of the common school fund
by Act of the Legislature, March 4, 1837. The interest on the school
fund proper and the surplus revenue shall be paid by the State annually
at the rate of 6 per cent, and shall be distributed as provided by law.

211. On the first Monday in January, annually, the Auditor of
.Public Accounts shall apportion to each county the common school
fund, in proportion to the number of persons in each county under the
age of 21 years, as ascertained from the next preceding State or federal
census, and shall issue an order upon the county collector to pay to
the county superintendent of schools the amount of such order out of
the first funds collected by him and not otherwise appropriated by law,
and take the county superintendent's receipt for the same.

212. The orders issued by the Auditor of Public Accounts for the
common school fund shall be received by the State Treasurer in payment
of amounts due the State from county collectors. On presentation of
such orders the Auditor shall issue his warrants to the treasurer on the
school fund for the amount of the school fund tax orders, and on the
revenue fund for the amount of the orders for interest on the school
fund proper and the surplus revenue.

213. If a collector shall fail or refuse to pay the amount of an
auditor's order, or any part thereof, by the first day of March, annually,
or as soon thereafter as it may be presented, the county superintendent



58 .

shall begin an action for debt against the collector and his securities in
any court having competent jurisdiction,, and unless it shall appear to
the satisfaction of the court that on the first day of March,, or on the
day of presentation of payment thereafter,, the collector had not collected
funds sufficient to pay such order, interest at the rate of 12 per cent
per annum upon the amount due shall be assessed as damages and
included in the judgment against the collector.

214. On or before the 30th day of September of each year the
county collectors,, county superintendents of schools, township collectors,,
and all other persons paying money into the hands of school treasurers
for school purposes, shall notify in writing the presidents of school
trustees and the clerks of school directors of the amount paid into the
treasurer's hands and the date of payment,

215. The county superintendent of schools shall apportion and
distribute, under rules and regulations prescribed by the Superintendent
oi Public Instruction, the principal of the county fund to the townships
and parts. of townships in his county, accorumg to the number of persons
under 21 years of age returned to him. The principal of the county
fund so distributed shall be added to the principal of the township fund
of the townships and parts of townships in his county. The interest,
rents, issues and profits, arising and accruing from the principal of
the county fund shall be distributed to the townships and parts of
townships in his county, as required by the provisions of this Act.

216. All bonds, notes, mortgages, moneys and effects which have
accrued or may accrue from the sale of the sixteenth section of the
common school lands of any township, or from the sale of any real
estate or other property taken on any judgment or for any debt due to the
principal of any township fund, and all other funds of every description
which have been or may be carried to and made part of the principal of
any township fund, shall forever constitute the principal of the township
fund; and no part thereof shall ever be distributed or expended for
any purpose whatever, but shall be loaned and held to use, rent or
profit, as provided by law. The interest, rents, issues and profits arising
and accruing from the principal of any township fund shall be distrib-
uted in the manner and at the times provided by this Act; nor shall any
part of such interest, rents, issues and profits be carried to the principal
of any township fund, unless it shall appear on the .first Monday in
October in any year that there is rent, interest, issues, profits or other
innds not required for distribution. In such case the amount not
required for distribution may, in the discretion oi the trustees of schools,
be added to the principal of the township fund and loaned as such.

SCHOOL LANDS.

217. Section 16 in every township, and the sections and parts
of sections granted in lieu of all or part of such section, and also the