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The general school laws of Michigan: with appendixes online

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UNIVERSITY OF CALIFORNIA.

OIKT OK




Received . , 790

Accession No. O-2 ^o 6 y.




/



AMENDMENTS



SCHOOL LAWS



SESSION OF THE LEGISLATURE, 1891




COMPILED AT THE OFFICE OF THE

SUPERINTENDENT OF PUBLIC INSTRUCTION

1891




BY AUTHOBITY



LANSING

ItOBEBT SMITH & CO., STATE PRINTERS AND BINDERS
1891



During the last session of the Legislature several amendments
were made to the school law, and new laws were enacted in regard
to the supervision of schools, the granting of teachers' certificates by
the University of Michigan, the introduction of the kindergarten
method into the public schools of the State, and the organization of
township school districts in the Upper Peninsula. The numbers refer
to the sections, chapters and pages of the compilation of 1889. It is
suggested that this copy be pasted in your copy of the school law,
and that some mark be made to indicate the sections amended. A
copy of this pamphlet will be furnished to any school officer or
teacher on application to the Superintendent of Public Instruction,
Lansing.

FEKEIS S. FITCH,
Superintendent of Public Instruction.



/



AMENDMENTS TO SCHOOL LAWS.




CHAPTEE III. SECTION 19.

[ ( 46.) Page 21. Amended by act No. 21. Takes effect Oct. 1, 1891.]

SEC. 19. The district board may admit to the district Non-resident
schools non-resident pupils, and may determine the rates of pup
tuition of such pupils and collect the same: Provided, That proviso,
when non-resident pupils, their parents or guardians, pay a
school tax in said district, the same shall be credited on
their tuition a sum not to exceed the amount of such tuition
and they shall only be required to pay tuition for the dif-
ference therein.



CHAPTEE X. SECTION 3.

[ ( 109.) Page 40. Amended by act No. 21. Takes effect Oct. 1, 1891.]

SEC. 3. It shall be the duty of the board of trustees in Du *y of
any graded school district:

First, To classify and grade the pupils attending schools TO classify
in such district and cause them to be taught in such schools pl1
ot departments as they may deem expedient;

Second, To establish in such district a high school when TO establish
ordered by a vote of the district at an annual meeting, and hli
to determine the qualifications for admission to such school,
and the fees to be paid for tuition in any branch taught
therein: Provided, That when non-resident pupils, their JJJ^JjjJJ^
parents or guardians, shall pay a school tax in said district, piisuuition. P '
the same shall be credited on their tuition a sum not to
exceed the amount of such tuition and they shall only be
required to pay tuition for the difference between the amount
of the tax and the amount charged for tuition;

Third, To audit and order the payment of all [of] the Toauditand pay
accounts of the director for incidental or other expenses
incurred by him in the discharge of his duties; but no
more than fifty dollars shall be expended by the director in
one year for repairs of the buildings or appurtenances of



AMENDMENTS TO SCHOOL LAWS.



the district property without the authority of the board of
trustees;

TO employ Fourth, To employ all qualified teachers necessary for the

teachers. several schools, and to determine the amount of their com-

pensation and to require the director and moderator to make
contracts with the same on behalf of the district, in accord-
ance with the provisions of law concerning contracts with
teachers;

TO employ Fifth, To employ such officers and servants as may be

officers, etc. necessary for the management of the schools and school prop-
erty, and prescribe their duties and fix their compensation^
other duties. Sixth, To perform such other duties as are required of
district boards in other school districts.



Duty of trustees



CHAPTEE X.

[Page 21. Amended by act No. 84, adding a nww section, to stand as section No. 6. Takes

effect May 20, 1891.]

SEC. 6. Whenever the trustees of any organized graded
school district shall be presented twenty days before the
annual meeting thereof, with a petition signed by ten elect-
ors of said district, stating that it is the desire of said peti-
tioners that at the annual meeting of said school district
there shall be submitted to said annual meeting the prop-
osition to change from a graded school district to one or
more primary school districts the said trustees shall, in their
in case of vote notice of such annual meeting, state that the proposition
set forth in said petition will be presented to said meeting,
and if two-thirds of the qualified voters present at said
meeting shall vote to change to one or more primary school
districts such change shall be made, and it shall be the duty
of the board of school inspectors of the township or town-
ships in which such district is situated, upon being duly
notified of such vote, to proceed to change or divide
such district as determined by such annual meeting, and
they shall provide for the holding of the first meeting in
the or each of the proposed primary school districts in the
same manner as is provided for by law for the organization
of primary school districts, and whenever a fractional graded
school district shall be so changed, the township boards of
school inspectors of the respective townships where such
graded school district is situated, shall organize the said
district into one or more primary school districts, as pro-
vided for by law.



district to
primary.



AMENDMENTS TO SCHOOL, LAWS.



[NOTE. Page 69, second paragraph.]

Act 141 of the Public Acts of 1891 repeals Act No. 214,
Public Acts of 1889 providing that, if in any city and any
township or part of township adjoining thereto (the same
being within one county) any money remains in the fund
for payment of losses by killing of sheep by dogs " after
the payment of the orders payable out of the same and
the amount of said money shall exceed the sum of two
hundred dollars, the sum in excess of two hundred dollars
shall be apportioned by said county treasurer to the said
township or part of township and said city in proportion to
the amount contributed to said fund during the preceding
year, and the amount so apportioned to any said township
or part of township, or said city, shall be respectively appor-
tioned among the several school districts of said township
or part of township and said city, in proportion to the num-
ber of children therein of school age." The distribution of
the surplus will hereafter be made in accordance with the
provisions of section 6 of Act No. 198, Public Acts of 1877,
as amended by Act No. 283 of the Public Acts of 1881.



[ ACT No. 119. ]

[Takes effect Oct. 1, 1891.]

*AN ACT authorizing the introduction of the kindergarten
method in the public schools of this State.

SECTION 1. The People of the State of Michigan enact, Duty of district
That in addition to the duties imposed by law upon the bt
district board of every school district in this State, they
shall also be empowered to provide a suitable room or apart-
ment for kindergarten work, and to supply their district
respectively with the necessary apparatus and appliances for
the instruction of children in what is known as the kinder-
garten method.

SEC. 2. In the employment of teachers it shall be compe- Qualifications
tent for such district board to require qualifications for of
instruction of children in kindergarten methods, and the dis-
trict board may provide by contract with the teacher for
such instruction, specifying the kours and times therefor
under such rules as the district board may prescribe.

SEC. 3. All children residing within the district between what children
the ages of four and seven shall be entitled to instructions
in the kindergarten department of such district school.

SEC. 4. The powers and duties herein imposed or con-
ferred upon the district shall also be and the same are here- schools.
by imposed and conferred upon the school trustees or board

* This law permits the introduction of the kindergarten method, but does not make
it mandatory.



8



AMENDMENTS TO SCHOOL LAWS.



of education or other body, by whatever name known, man-
aging or controlling the public schools in each city and
village of this State; and this act is hereby made applicable
to every public school organized by special act or by charter
as fully as if they were named herein.



University may
issue certificate
to teach, etc.



Of annulling
certificate, ete.



[ACT No. 144. ]

[Takes effect June 19, 1891.]

AN ACT to authorize the faculty of the department of
literature, science and the arts, of the University of Michi-
gan to give teachers' certificates in certain cases.



SECTION 1. The People of the State of Michigan enact,
That the faculty of the department of literature, science and
the arts, of the University of Michigan, shall give to every
person receiving a bachelor's, master's or doctor's degree, and
also a teacher's diploma for work done in the science and the
arts of teaching from said University, a certificate, which shall
serve as a legal certificate of qualification to teach in any of
the schools of this State, when a copy thereof shall have been
filed or recorded in the office of the legal examining officer or
officers of the county, township, city or district. Such certifi-
cate shall not be liable to be annulled except by the said
faculty of the said University; but its effect may be suspended
in any county, township, city or district, and the holder thereof
may be stricken from the list of qualified teachers in such
county, township, city or district, by the legal examining officer
or officers of the said county, township, city, or district, for
any cause and in the same manner that such examining officer
or officers may be by law authorized to revoke certificates given
by himself or themselves, and such suspension shall continue
in force until revoked by tha authority suspending it.



Election of
county cominis



[ ACT No. 147. ]

[Takes effect Jane 19, 1891.]

AN ACT to provide for the election of a county commis-
sioner of schools, for the appointment of school examiners,
[and] to define the duties and fix the compensation for the
same, and to repeal all existing acts or parts of acts conflict-
ing with the provisions of this act.

SECTION 1. The People of the State of Michigan enact,
That at the meetings of the several boards of supervisors of
the different counties of the State, to be held on the fourth



AMENDMENTS TO SCHOOL LAWS. 9

Monday in June, eighteen hundred ninety-one, the said several
boards of supervisors shall elect a county commissioner of
schools for their respective counties, whose term of office
shall commence on the fourth Tuesday of August next fol-
lowing, who shall hold his or her office until the first day T erm or office.
of July, eighteen hundred ninety-three, or until his or her
successor shall be elected and qualified. Said boards of super- Appointment
visors shall also on said fourth Monday of June, appoint Sen? 001
two persons as school examiners, who, together with said
commissioner of schools, shall constitute a board of school
examiners. One of said school examiners shall be appointed Te rm of office
for a period of one year and the other for a period of two
years, from and after the second Monday of October next
after their appointment, or until their successors have been
appointed and have qualified; and thereafter such boards of Annual ap-
supervisors shall, at each annual session, appoint one examiner examiner. 1
who shall hold his office for a period of two years, or until
his successor shall have been appointed and qualified.
Within ten days after such commissioner or examiners shall Oa th of office,
have received legal notice of his or her election, he or she
shall take and subscribe to the constitutional oath of office
and the same shall be filed with the county clerk. The said
county commissioner, so appointed, shall execute a bond with Bond.
two sufficient sureties, to be approved by and filed with the
county clerk, in the penal sum of one thousand dollars, con-
ditioned that he or she will faithfully discharge the duties
of his or her office according to law, and to faithfully account
for and pay over to the proper persons all money which may
come into his or her hands by reason of his or her holding
such office; and thereupon the county clerk shall report the county cierk to

j , rr> i> -\ report address,

name and postomce address or such county commissioner to etc.
the State Superintendent of Public Instruction.

SEC. 2. There shall be elected at the election held on the Biennial election

-.g. j ., . , i-ii' i of commissioner.

first Monday in April, eighteen hundred ninety-three, and
every second year thereafter, in each county, one county com-
missioner of schools, whose term of office shall commence on Term of offlce -
the first day of July next following his or her election, and
who shall continue in office two years or until his or her
successor shall be elected and qualified. The county com- To flle tn

i i i j i j it pit' and bond,

missioner of schools elected under the provisions of this
section shall file with the county clerk for the county for
which he or she is elected his or her oath of office and bond,
the same as provided in section one of this act, and the
county clerk shall make the same report to the Superin-
tendent of Public Instruction in all respects as provided in
section one of this act.

SEC. 3. No person shall be eligible to the office of county Eligibility to

PIT -i ivi ii i j 1 office of, etc.

commissioner or schools who shall not be a graduate in the
literary department of some reputable college, university or
State normal school, or hold a State teacher's certificate, or
who shall not have held a first grade certificate, within two
years next preceding the time of his or her election, or shall
2



10



AMENDMENTS TO SCHOOL LAWS.



Proviso as to
certain counties.



Board to bold
regular exami-
nations, etc.



Special examina-
tions.



Proviso.



Schedule ef
examinations.



have held the office of county commissioner under this act:
Provided, That in counties having less than fifty schools sub-
ject to the supervision of the county commissioner, a person
holding at the time of his or her election a second grade
certificate shall be eligible.

SEC. 4. The board of school examiners shall, for the
purpose of examining all persons who may offer themselves
as teachers for the public schools, hold two regular public
examinations in each year at the county seat, which exam-
inations shall begin on the first Thursday of March and
August in each year; and for a like purpose the board of
school examiners shall hold not to exceed four special public
examinations at such times and places as in the judgment
of the board of school examiners the interests of the
schools and teachers of the county may require: Provided,
The first and second grade certificates shall be granted only
at the regular public examinations provided for in this sec-
tion. It shall be the duty of the county commissioner to
make out a schedule of the times and places of holding
special examinations and to cause it to be published in one
or more newspapers of the county at least ten days before
each special examination, and he or she shall send a copy
thereof to the chairman of each township board of school
inspectors in the county at least ten days previous to the
time of holding any special examination.

SEC. 5. The board of school examiners shall meet on the
Saturday following such public examination held by the
county commissioner and shall grant certificates to teachers
in such form as the Superintendent of Public Instruction
shall prescribe, licensing as teachers all persons who shall have
attained the age of sixteen years, who have attended said
public examinations and who shall be found qualified in
respect to good moral character, learning and ability to instruct
and govern a school, but no certificate shall be granted to
any person who shall not pass a satisfactory examination in
orthography, reading, writing, grammar, geography, arith-
metic, theory and art of teaching, United States history, civil
government and physiology and hygiene with reference to
the effects of alcoholic drinks, stimulants and narcotics upon
the human system. All certificates shall be signed by the
county commissioner and by at least one other member
of the board of examiners. No person shall be considered
a qualified teacher within the meaning of this act, nor shall
any school officer employ or contract with any person to
teach in any of the public schools, under the provisions
of this act, who has not a certificate in force, granted by
the board of school examiners or other lawful authority.
All examination questions shall be prepared and furnished
by the Superintendent of Public Instruction to the county
commissioner under seal, to be opened in the presence of
the applicants for certificates on the day of examination.

SEC. 6. There shall be three grades of certificates granted
by the board of school examiners, in its discretion, and



Meeting of board
to grant certifi-
cates, etc.



Signing of cer-
tificates.



Who deemed
qualified teacher.



Of exauii nat iui
questions.



tirades of cer-

ttficate*.



AMENDMENTS TO SCHOOL, LAWS. 11



subject to such rules and regulations as the Superintendent
of Public Instruction may prescribe, which grades of cer-
tificates shall be as follows : The certificate of the first First grade,
grade shall be granted only to those who have taught at
least one year with ability and success, and it shall be valid
throughout the State for four years: Provided, That no Proviso,
first grade certificate shall be valid in any county other
than that in which it was granted, unless a copy of said
certificate, certified by the county commissioner who issued
the same shall be filed with the county commissioner in the
county in which the holder of said certificate desires to teach.
The certificate of [the] second grade shall be granted only second grade,
to those who shall have taught at least seven months with
ability and success, and it shall be valid throughout the
county for which it shall be granted for three years. The Third^grade.
certificate of the third grade shall license the holder thereof
to teach in the county for which it shall be granted for one
year: Provided, That the county commissioner shall have Proviso.
power upon personal examination satisfactory to himself or
herself to grant certificates which shall license the holder
thereof to teach in a specified district for which it shall be
granted, but such certificate shall not continue in force
beyond the time of the next public examination and it shall
not in any way exempt the teacher from a full examination:
Provided further. That in case the holder of a special cer- Further proviso,
tificate does not appear for examination before the board
at the next public examination succeeding the date of such
special examination, a second special certificate shall not be
granted to such person, except when it appears to the com-
missioner on good evidence that the absence was occasioned
by sickness or other unavoidable cause.

SEC. 7. The board of school examiners may suspend or suspension or
revoke any teacher's certificate issued by them for any reason m
which would have justified said board in withholding the
same when given for neglect of duty, for incompetency to
instruct or govern a school, or for immorality, and the said
board may, within their jurisdiction, suspend for immorality
or incompetency to instruct and govern a school the effect of
any teacher's certificates that may have been granted by
other lawful authority: Provided, That no certificates shall proviso.
be suspended or revoked without a personal hearing, unless
the holder thereof shall, after a reasonable notice, neglect
or refuse to appear before the said board for that purpose.

SEC. 8. It shall be the duty of the county commissioner :

First, Immediately after his or her qualification as com-
missioner, to send notice thereof to the Superintendent of Mention.
Public Instruction and the chairman of each township board
of school inspectors of the county;

Second, To keep a record of all examinations held by the
board of school examiners and to sign all certificates and
other papers and reports issued by the board;

Third, To receive the institute fees provided by law of tees.



12



AMENDMENTS TO SCHOOL LAWS.



Record of cer-
tificates.



Uat of teachers,
to.



To visit schools,
tc.



Proviso as to

assistant

visitors.



and to pay the same to the county treasurer quarterly,
beginning September thirty, in each year;

Fourth, To keep a record of all certificates granted, sus-
pended or revoked by the said board or commissioner, show-
ing to whom issued, together with the date, grade, duration
of each certificate and, if suspended or revoked, with the date
and reason thereof;

Fifth, To furnish, previous to the first Monday in Sep-
tember in each year to the township clerk of each township
in the county, a list of all persons legally authorized to
teach in the county at large, and in such township, with the
date and term of each certificate, and if any have been sus-
pended or revoked, the date of such suspension or revoca-
tion;

Sixth, To visit each of the schools in the county at least
once in each year and to examine carefully the discipline,
the mode of instruction, and the progress and proficiency
of pupils: Provided, That in case the county commissioner
is unable to visit all the schools of the county as herein
required, the said commissioner may appoint such assistant
visitors as may be necessary, who shall perform such duties
pertaining to the visitation and supervision of schools as
said commissioner shall direct: Provided, That the whole
expense incurred by such assistant visitors shall not exceed
the sum of ninety dollars in any one year;

Seventh, To counsel with the teachers and school boards as
to the courses of study to be pursued, and as to any improve-
ment in the discipline and instruction in the schools;

Eighth, To promote by such means as he or she may
devise, the improvement of the schools in the county, and
the elevation of the character and qualifications of the
teachers and officers thereof, and act as assistant conductor
of institutes appointed by the Superintendent of Public
Instruction and perform such other duties pertaining thereto
as the superintendent shall require;

Ninth, To receive the duplicate annual reports of the
several boards of school inspectors, examine into the correct-
ness of the same, requiring them to be amended when neces-
sary, indorse his or her approval upon them, and imme-
diately thereafter and before the first day of November in
each year, transmit to the Superintendent of Public Instruc-
tion one copy of each of said reports and file the other in
the office of the county clerk;

Tenth, To be subject to such instructions and rules as
the Superintendent of Public Instruction may prescribe; to
receive all blanks and communications that may be sent to
him or her by the Superintendent of Public Instruction
and to dispose of the same as directed by the said Superin-
tendent, and to make annual reports at the close of the school
year to the Superintendent of Public Instruction of his or
her official labor, and of the schools of the county, together
with such other information as may be required;



Counsel with
teachers, etc.



Improvement
of schools, etc.



To receive
annual reports,
tc.



Subject to in-
structions of
Hupi. Public In-
struction, etc.



AMENDMENTS TO SCHOOL LAWS. 13

Eleventh, To perform such other duties as may be other duties.
required of him or her by law, and at the close of the
term of office to deliver all records, books and papers
belonging to the office, to his or her successor.

SEC. 9. It shall be the duty of the chairman of the Duty of chair-
board of school inspectors of each township : men ' etc -

First, To have general supervisory charge of the schools supervision of
of his township, subject to such advice and direction as the Sc
county commissioner may give;

Second, To make such reports of his official labors and TO make reports,
of the condition of the schools as the Superintendent of etc '
Public Instruction may direct or commissioner request.

SEC. 10. The compensation of each commissioner shall be compensation of


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