STATE NORMAL SCHOOL, &OS jSflGHLiES, ClSJLi. TABLE OF UNIFORM EXAMINATIONS STATE Experience, 2 years. Standing, 75 per cent in all except 12, not required for State examina- tion. Trials, may extend over 3 years. Time, life. Date, Aug. 1. 1. American 3d GRADE _'.! GRADE 1st GRADE history Experi- Experi- Experi- 2. arithmetic ence, none. ence, 10 ence, 2 yrs. 3. composition Standing. weeks. Standing, 4. geography 75 per cent. Standing, 75 per cent 5. grammar Trials, 4. 75 per cent except i n 6. orthography Time, 1 except i n drawing, 7. penmanship year. drawing, and 65 per 8. physiology and 65 per cent in that. and hygiene cent in that. Trials, 9. reading Trials, may extend 10. school law may extend over 3 ex- Date, after engagement over 2 yrs. aminations approved by commissioner. Time, 3 Time, 10 Renewals, none permitted. years. Date. Au- years. 11. civil govern- gust 1. ment Renewals, none per- Date,Ang. 1 of year of final exam- 12. current topics mi'tted. ination. 13. drawing TRAINING-CLASS Renewals, 14. methods and Experience, none. without ex- school economy Standing, 75 per cent amination. in all these subjects. Also in 18. history of education: 32. art of questioning. Time, 3 years. Renewals, without examination. 15. algebra 16. book-keeping 17. physics 18. philosophy and history of education 19. analysis (grammatical) 20. astronomy 21. botany 22. chemistry 23. geology 24. general history 25. geometry (plane) 26. literature 27. rhetoric 28. zoology 29. French, 30. German, 31. or Latin Alternatives (20. astronomy for V* ( 23. geology See pages 89 to 94. A MANUAL OP BY C. W. BARDEEN EDITOR OF THE SCHOOL BULLETIN 0th Edition, Revised to Jan.. 1, 19O5 SYRACUSE, N. Y. C. W. BARDEEN, PUBLISHER, 1905 Copyright, 1396, by C. W. BAUDEEN REFERENCES Heferences to the New York Consolidated School Law of 1894, are indi- cated by small figures in parenthesis, the Koman number giving the title, the first arable number the section, and the second arable number the subsection. Thus (i. 2) indicates 1st title, 2d section ; (xi. 1-7) indicates llth title, first seven sections ; (ii. 13, 5 ; xiii. 1) indicates 2d title, 13th section, subsection 5, and 13th title, section 1. When an arable number is separated from the proceeding by a comma instead of a period, it indicates an additional section or subsection. Thus, (vii. 13, 15) indicates 7th title, 13th and 15th sections ; r want of a bond ; the inhabitants are entitled to one as security in the future (511). 26 DISTRICT COLLECTOR Vacancy. A refusal to serve as collector creates a vacancy ill the office, which the trustees may fill by appointment (Sup't Rice, Letter, April 10, 1854). NOTE. A verbal appointment of a collector by the trustee is invalid; the appointment must be written and' filed with the district clerk. (Supreme Court 1876.) Delivery of warrant. A warrant for the collection of a tax voted by the district shall not be delivered to the collector till the 31st day after the tax was voted ; a warrant for any other tax may be delivered when it is completed (vii. 78, 79). Renewal of warrant. The collector's warrant may be renewed but once without the written consent of the supervisor to a renewal endorsed thereon (vii. 83 ; 744). Posting notices. On the receipt of a warrant, the collector shall post notices in at least three public places of the district, one of which shall be on the outside of the front door of the schoolhouse, that he has received such warrant, and that taxes may be voluntarily paid him during the next two weeks. He shall also give notice personally or by mail at least 10 days before the expiration of the two weeks, to the ticket-agent at the nearest railroad station of any railroad assessed, and to non-resident tax-payers where the amount of tax exceeds one dollar (vii. 81). Compensation. He shall receive 1 per cent on all sums paid within two weeks of posting the said notice, and 5 per cent on sums thereafter collected. DISTRICT COLLECTOR 27 Iii case of levy and sale, he shall be entitled to travelling fees at the rate of 10 cents a mile (vii. 81). Enforcement of tax levy. At the expiration of a collector's warrant, if the uncollected sums be pay- able by any person not residing in the district at the time of making out the tax list, or who shall not reside therein at the expiration of such warrant, or if the property assessed be real estate belonging to an incorporated company, and no goods or chat- ties can be found whereon to levy the tax, the trus- tees may sue for and recover the same in their name of office (vii. 85). May sell personal property, bid not real estate. Is under no circumstances authorized to sell real estate ; but he can keep levying on personal property till enough to satisfy the tax is secured. (Sup't Rice Letter April 23, 1866.) NOTE 1. No property is exempt from levy and sale under a tax-list and warrant, except certain military equipments. (Code of 18C8 ; p. 191.) NOTE 2. The collector may levy upon any goods or chattels lawfully in the possession of the person liable for the tax, although such person be not the owner. (Code of 1868 ; p. 191. Supreme Court-1835.) Money held in trust. He shall keep in his posses- sion all moneys received or collected by him, and pay them out upon orders from the trustees ; and he shall report in writing at the annual meeting of all his collections and disbursements, and pay over to his successor, when he gives bail, the moneys belonging to the district. He shall also report to the supervisor on or before the first Tuesday in 28 TREASURER March of each year the amount of school moneys in his hands (vii. 86). He must make good to the district any moneys lost by lack of proper effort to collect (vii. 87). Unpaid taxes. If at the expiration of a tax-war- rant, any tax of real estate, or taxes upon non-resi- dent stockholders in banks organized under the laws of congress, shall remain unpaid, the collector shall deliver to the trustees an account of the taxes remaining due, with a description of the lands upon the tax-list, with the amount of the tax thereon, and upon making oath before any officer authorized to administer oaths that, after diligent efforts, he has been unable to collect the same, he shall be credited by the trustees with the amount thereof (vii. 72). NOTE. The trustees, upon sending the account, affidavit, and their cer- tificate that such account is correct, to the county treasurer, shall be paid the amount of the returned taxes from the county treasury (vii. 73, 74). TREASURER An optional office. Any district may by a majority vote elect a treasurer, as custodian and disbursing officer of all ^chool moneys. He must be a qualified voter and taxable inhabitant of the district (vii. 14.5, 35 ; in. 4. 1). TRUSTEES Number. A district having three trustees may at any annual meeting decide by resolution to have but one ; no election of a trustee shall be held in sue?* TRUSTEES 29 district till the expiration of the terms of those then in office. To change from one trustee to three trus- tees requires a two-thirds vote of those present at any annual meeting (vii. 26 ; J^18\ Office vacated. A trustee who publicly declares that he will not accept or serve in the office of trustee, or who neglects to attend three successive meetings of the board (where districts have more than one trus- tee) after due notice thereof, without a good and valid excuse to the others, vacates the office (vii. 30 ; 766). A duly qualified person appointed to a school district office who refuses to serve shall forfeit $5 ; or if he does not refuse but neglects to perform his duties he shall forfeit $10, for the benefit of the schools of the district. But if his resignation be offered and ac- cepted by the commissioner or the district meeting there shall be no forfeit (vii. 33). Removal. The superintendent may remove a trustee for neglect, or disobedience of orders (756 762), but not for immorality (761), or for failure to agree with his associates (760). Vacancies. In case of death, refusal to serve, re- moval from the district (787), or vacancy in the office of trustee by any other cause, and no election of a new trustee by a district meeting within a month there- after, the commissioner may, in writing, appoint a competent person, to serve until the next annual meeting (vii. 29 ; 192). 30 TRUSTEES: POWERS OF Other vacancies. Trustees may fill vacancies in other district offices by appointment (vii. 31). NOTE. Every appointment to fill a vacancy made by the commlsoner or trustees, is to be filed at once with the district clerk, who shall immediately notify the person appointed (vii. 32). Board meetings. Any trustee may call a meeting of the board by giving the others at least 24 hours' notice (vii. 45). NOTE. When all have been notified and two only meet, these two have the powers of all three (vii. 45). Where there is a vacancy, the two have the powers of all three, and if there are two vacancies, the remaining trustee has the powers of all three (vii. 46). But the acts of a majority are illegal when performed without notifying or consulting all three (Sup't Morgan, Nov. 1C, 1848). See h2S, bkl, 5kS, 569, 713-719, 727, 743. Powers and duties. The trustees shall : (1) Call special meetings when needed (vi. 47. 1 ; 183}. (2) In the absence of the clerk, give notice of meetings (vii. 47. 2). (3) Make out a tax list within 30 days after the tax is voted by a district meeting (328-377}. NOTE 1. The law is merely directory ; the tax list may be made out after the 30 days (32S). NOTE 2. The tax list shall contain as a heading a statement of the pur- poses for which the different items of the tax are levied (vii. 47.3, 62). NOTE 3. The valuation of taxable property shall be ascertained, so far as possible, from the last assessment roll of the town ; where it cannot be so determined, or where any person shall claim a reduction of his assessment, the trustees shall ascertain the true value of the property from the best evi- dence in their power, giving notice to the persons interested and proceeding the same as required by law of town assessors (vii. 64, 65; 50G-508). NOTE 4. Any person working land under contract shall be deemed the possessor, and any person in possession of property under contract to pur- chase shall be liable to taxation therefor (vii. 67). Every person owning real property who shall improve and occupy the same by his agent or his servant shall be considered a taxable Inhabitant of the district (vii. 68). A tenant TAXATION 31 may charge back to the owner the district tax for schoolhouse property (vii. 69). NOTE 5. Lands of non-residents liable to taxation In the district, not occupied by a tenant or Improved by 'the owner, his agent, or servant, are to be assessed as non-resident, and a description thereof entered on the tax- list (vii. 63, 71). NOTE 6. In making out a tax list where districts have more than one trustee, all of them must be notified In order to meet and act together in determining the assessments: without such notice a tax list is invalid. Sup't Van Dyck 1849 ; 662 .) NOTE 7. When trustees make an original assessment for a school tax, a 20 days' notice to the parties affected is required before the delivery of the tax list and warrant to the collector (680). NOTE 8. When a person appears before the trustees at the proper time and place to claim a reduction in an original assessment made by the trus- tees, it is the duty of such trustees to examine the person under oath, and to correct the assessments if they appear to be erroneous (CS4). NOTE 9. The tax list may be amended and corrected, with consent of the superintendent (vii. 84). Limit to tax for building. No tax exceeding $500, voted by a district meeting for building, hiring, or purchasing a , schoolhouse, shall be levied by the trustees without the written approval of such larger sum by the commissioner; and no schoolhouse shall be built in any district until the plan of such schoolhouse, so far as ventilation, heat, and light- ing is concerned, shall be approved in writing by the commissioner. But nothing herein contained shall invalidate any tax levied for building and repairing schoolhouses which in other respects com- ply with existing statutes (vii. 17 ; NOTE 1. Except in New York city and Brooklyn, all school buildings more than two stories high must have outside stair-cases (vii. 49). NOTE 2. A taxable inhabitant who has been within four years set off from another district without his consent, and who has within that period paid into that district a tax for building a schoolhouse shall be exempted from paying tax for building a schoolhouse (vii. 70). 32 TRUSTEES : POWERS OP Unfit schoolhouses. The school commissioner alone has the power to condemn a schoolhouse and school furniture when, in his judgment, it is unfit for use and not worth repairing. When the order reciting the reasons for this action, with a statement of the cost, not to exceed $800, of such new build- ing as is required, has been received by the trustees, they must immediately call a special meeting to con- sider the question of rebuilding (v. 13. 4 ; 265, 629- 637\ NOTE 1. The meeting shall have no power to reduce the commissioner's estimate of cost more than 25 per cent, and where no tax shall have been voted by the district within 30 days from the time of the first meeting held to consider the question, the trustees shall contract for the building of a schoolhouse to cost not more than the estimate of the commissioner and not to exceed 25 per cent less, and levy a tax to pay for the same (v. 13. 4). NOTE 2. A district cannot be compelled to rebuild where the school- house has been destroyed, but the district may be annulled (059). (4) Annex to the tax-list a warrant directed to the collector. See page 26. NOTE Within 15 days after the tax-list and warrant are returned by the collector, they must file the same with town clerk (vii. 89). (5) Purchase or lease a site for the schoolhouse. See page 23. NOTE. Trustees are the only legal authority by which the vote of a dis- trict can be carried into execution, and have sole power of making contracts and of accepting work done (G32, 745). (6) Have custody of the school property (vii. 47. 6 ; 266). NOTE 1. They may permit the schoolhouse to be used for instruction in learning, or in music (vii. 5x1); and must allow it to be used for teachers' institutes or for teachers' examinations, when requested by the commis- sioner (v. 16 ; x. 31). But they must not allow it to be used for temjjerauce meetings (C.W) , and should use discretion in opening it for religious meetings ; no use should be permitted likely to occasion controversy (267). EMPLOYMENT OF TEACHERS 33 NOTE 2. The trustees are especially directed to take care of the code of public instruction, and deliver it to their successors (xv. 12). (7) Insure the school property (vii. 47. 7 ; 266). See also vii. 14. (8) Insure the school library (vii. 47. 8). (9) Employ teachers as needed (vii. 47. 9 ; 744)- Qualified teachers. No school moneys or money raised by tax may be paid to a teacher who is not 18 years old, and who does not hold either (a) a nor- mal diploma, (6) a State certificate, (c) a college certificate, (d) a uniform certificate, or (e) a tempor- ary license (vii. 38 ; i. 10 ; 378-394, 709, 732}. Any trustee paying public money to an unqualified teacher commits a misdemeanor, and any fine imposed upon him shall be for the benefit of the district (vii. 39, 40). NOTE. The teacher's license may be annulled for wilful failure to attend institute (x. 6), for refusal to fulfil a contract (vii. 47. 9), for immorality (v. 13. 6), or for incompetency (602-CSS, 702). The contract then ceases (712). The teacher may be discharged at any time on failure to produce certificate (735). Not limited by the wishes of the district. Trustees may hire whom they choose for teacher, and pay such wages as they may see fit, with no power by the district or vote of a district meeting to restrain them (728) ; however, the wishes of the inhabitants should not be disregarded (715). A sole trustee has all the powers of a board of three trustees (vii. 44). NOTE. Hence he can now employ a teacher for the ensuing year in advance of the school meeting, a power not conferred by the old law. 34 TRUSTEES : POWERS OF Relations]^. Trustees shall employ as teacher in a district school no one who is related by blood or marriage to any such trustee, except with the approval of two-thirds of the voters present and voting upon the question at an annual or special meeting. Nor shall the trustees of any district hire a teacher for more than a year in advance. Any person employed in disregard of these provisions shall have no claim for wages against the district, but may enforce the contract made against the trustees consenting to such employment, (vii. 47.9). NOTE l.Relationsfiip to trustees. Where the district has three trustees, a relative of any one of them cannot be hired by the other two unless a meeting of the district approve of it by a two-thirds vote (721). NOTE 2. The law formerly made the limit of relationship two degrees (395-599), but the amended law makes no limit as to relationship and it is to be construed literally. The trustee cannot hire a teacher who is related to him in any degree (Letter of Sup't Crooker, Aug. 15, 189V). NOTE 3. The prohibition regarding the employment of a relative as a teacher now applies to union schools, but may be waived upon consent in writing of two-thirds of the members of the board of education (viii. 11). NOTE 4. Relationship by marriage ceases upon the death of the wife or husband. (10) Make with teachers employed a written con- tract, with stipulation that wages shall be paid monthly (vii. 47. 10 ; xv. 17, 18 ; 395, 400, 4.05, 722.} NOTE 1. A contract with a teacher shall not be made for a shorter time than 10 weeks, or for more than one year in advance (vii. 47.9 ; 735). NOTE 2. Any failure on part of the teacher to complete an agreement to teach without good reason will be deemed sufficient ground for revoking the certificate (vii. 47.9), NOTE 3. The contract may be annulled if the teacher close school upon any school day (731). NOTE 4. If a teacher gives up his school because the trustees will not sustain him in enforcing reasonable rules, he may recover wages for the time taught (703). It is the duty of the trustees if they learn that serious DISMISSAL OF TEACHERS 35 disturbance at school Is threatened, to warn the teacher, and to be present themselves (733). NOTE 5. Where the teacher gives up the school voluntarily, even at the request of the trustees, she can recover wages only for the time taught (70i). A teacher giving up the school through sickness is to be paid for the time taught (723). NOTE G. When a teacher finds the schoolhouse locked against him, and without applying to the trustee goes away without making demand' till 15 days afterward for opportunity to continue, he is held to have abandoned his contract (705). NOTE 7. If the school is closed during his term through fear of an epidemic, the teacher is entitled to wages for the time (710) ; and if extra weeks are taught, to extra wages for the extra time (70S). The teacher cannot be compelled to teach an extra week to make up for the institute (711), and all holidays are allowed him without loss of wages (719). NOTE 8. A contract for a year includes the two months of vacation (707); but during these months the teacher may teach another school or otherwise employ his time (710). NOTE 9. When the contract states that it shall continue as long as the teacher keeps a good school, if the teacher is discharged it is for him to prove that he kept a good school (723, 726, 739). Dismissal of teachers. The annulment of the license dissolves all contracts entered into by virtue of its sanction, but until the license is revoked, the trustees are not bound to retain a teacher obnox- ious to the district through immorality, ignorance, or inefficiency (729-734}. NOTE. This would be subversive of the principles already enunciated as pertaining to the essential nature of contracts. It cannot be supposed that in case a charge of gross immorality, specifically urged, carrying with it a strong presumption of its truth, were brought against a teacher, the trustees must wait for the tedious delay of a formal hearing before a commissioner, and abide the event which may be determined through insufficiency of evi- dence, while the moral conviction of the truth of the charges preferred is still strong and abiding. The presence among pupils of a teacher against whom such suspicion should rest, must of itself, from the suggestions to which it would give rise, promote conditions of mind opposed to the develop- ment of virtue and purity of the heart. This consideration alone would justify the trustees in a summary dis- missal of the teacher. This, to be sure, is an extreme case, but it is sufficient to illustrate and to establish the principle advanced, that the trustees may 36 TRUSTEES : POWERS OF be justified in the discharge of a teacher before the close of the term specified in his contract. In determining what constitutes such justification, it is difficult, not to say impossible, to establish uniform rules (730). The power to dismiss the teacher rests with the trustees. For an abuse of their discretion, or an unwarranted exercise of their authority, they are of course responsible. On complaint of the person sustaining what he considers a grievance or wrong, the issue becomes one of fact, and it devolves upon the trustees to show by evidence that the teacher lacked the character, the ability, or the will essential to a proper discharge of his duties, and that he failed thus to fulfil the obviously implied conditions of his contract (730). NOTE. The mere fact of dissatisfaction on their part, or that of the in- habitants, is not sufficient to justify the discharge of a teacher employed for a definite period. The tribunal before whom the action is brought, as a court, a jury, or the superintendent, are the constituted judges of fact, and will determine, from the evidence presented, whether the incompetence of the teacher, as resulting from ignorance or indifference, is fully proved, and hence his discharge upon the ground of a violated contract clearly justified. In the case here presented, the trustees offer evidence bearing upon the management and general deportment of the appellant in the school-room, and his intercourse with his pupils, tending to show disregard cf the proper- ties and courtesies incident to his position. Trifling and irrelevant conversa- tion^ oft indulyed and long continued ivith pupils in school hours ; prying and impertinent questions in regard to domestic affairs; low, and at the least sug- gestively vulgar, remarks to the older ftmale pupils ; rude, boisterous, and harsh language, as a means of or substitute for discipline, are alleged and proved by the testimony of his pupils, with a circumstantial minuteness that requires emphatic denial or plausible explanation to invalidate or palliate. The appellant has failed to meet the issue. It is proper and just to remark, that the justification of the trustees does not proceed from any alleged or proved inability or immorality of the appellant ; his literary qual- ifications and his moral character stand unimpeached, and, it is to be hoped, unimpeachable. But his inefficiency appears to have been the result of gross negligence and indifference a debilitated will, rather than of inherent de- pravity or defective scholarship, a fault which is earnestly hoped the whole- some practical discipline of this experience will serve to eradicate. RULES : ATTENDANCE 37 Under the view of the case as above presented, therefore, I must decline to Interfere with the action of the trustees, and hold that they have pre- sented a sufficient justification therefor (730). The teacher may be dismissed for unjustifiable severity of punishment (7S2). but not for mere difference of opinion from the trustee as to disci- pline (732). (11) Establish school regulations and courses of study (vii. 47.-11). The principal regulations are the following : (a) ATTENDANCE. The schools are free to all per- sons over 5 'and under 21 years of age residing in the district (vii. 36). If there be a free kindergarten legally established, children over 4 years are counted as of school age. Otherwise the apportionment is made upon the attendance of children of from 5 to 18 years (ii. 13.6 ; 264: 1896). Children of school age, in the trustee's report, in- clude all children over 5 and under 21 years of age, who on the 30th of June last preceding the date shall have been actually in the district, comprising a part of the family of their parents, guardians, or employ- ers, residing, even but temporarily, in the district : but not including the children of a family residing in another district in which such children may be by law included in the report of its trustees ; nor any children supported at a county poor-house or orphan asylum, nor any Indian children on reser- vations provided with separate schools (vii. 36, 37, 60 ; 207, 209, 605, 608-611). NOTK 1. As a general rule, if the child whose parents or guardians live out of the district is residing, even if temporarily, in the district in good faith and not to avoid the payment of tuition, such child should be enumerated ; otherwise in the district where its parents or guardians reside. Children visiting or boarding are to be enumerated where they permanently reside. (1886 Sup't Morrison.) 38 TRUSTEES : POWERS OF NOTB 2. Non-resident puplla may be admitted Into school upon written consent of the trustees upon such terms as the trustees prescribe (vIL 36 ; 603- 605). When so admitted, the teacher may not refuse to Instruct them (60k). NOTE 3. Colored children must be admitted. NOTE 4. Fines cannot be Imposed upon pupils, and attendance suspend- ed tin paid (601). Suspension and expulsion. Trustees may expel pupils for open, gross immorality manifested by any licentious propensities, language, manners, or habits, though not manifested by acts of licentiousness, or immorality within the school,* or for such violent insubordination against reasonable and proper regu- lations of the school as to render it impossible to maintain necessary discipline and order, or when in their judgment the good order and proper govern- ment of the school demands it (770). Suspension for tardiness. In 1853, the superinten- dent decided that ''teachers have the right to close the doors of their school-room against all pupils who may claim admission fifteen minutes after the time of opening the school " (Decision No. 1687). Later decisions have ruled that the teacher should not keep tardy pupils in the entry, especially in cold weather NOTE In Wisconsin, the superintendent decides that " to lock the door against tardy pupils, say at ten o'clock, is of doubtful propriety. The schoolhouse is a public place. The tardiness may not be the fault of the child. It might be a serious discomfort to the child to be turned back home. Let the school be made attractive. " And again: " Tardiness is, of course , a great annoyance. It is difficult to say how far the courts would sustain rules excluding pupils from school for being late. It is doubtful whether it * 38th Mass. Report, p. 159. tSee also 111. a">6, 553 : 87 111. 303. RULES : ABSENCE AND TARDINESS 39 Is good policy to turn tardy scholars Into the street, perhaps to get Into mischief ; perhaps to suffer from cold, from waiting outside ; certainly to lose more time. Persuasion, attractive lessons in the morning, an attractive school, privation of recesses, final degradation to a lower class if all fails, would perhaps be better remedies." Wls. Journal of EtTn, 1877, p. 125. Suspension for absence. In 1875 the board of education of Honiellsville, N. Y., adopted a rule that in every case of absence of a pupil for more than five days during any term for any other cause than sickness or death in the family, or religious observance, the absentee should be suspended until the beginning of the next term. Its legality being questioned, the superintendent replied : Under the provisions of the law cited in your letter of the 19th inst., your board of education possesses the power to suspend pupils from school for causes which seem to merit such treatment. In my judgment, however, it would be unwise to enforce strictly the rule referred to in your letter. The object and intention of the law is to get pupils into the schools not to keep them out. In another case the same superintendent, Mr. Gil- mour, went still further. Among the regulations of District No. 2, Elling- ton, was this : Any scholar absenting himself from any examination or part thereof, appointed by the teachers, without necessity duly certi- fied beforehand, either by himself or his parent or guardian, shall not be admitted to the school afterwards, except by permission of the board and the approval of the principal. On Feb. 4, 1875, before the written examination, the mother of three boys asked by written note that they be excused from the last days of the term, and withdrew them from the school. On the opening 40 TRUSTEES : POWP:RS OF of the next term, the three boys were refused admis- sion under the above rule, the note not being accepted as a sufficient compliance with the regula- tion. This was over-ruled by Sup't Gilmour, who decided that boards of education have no right to make any regulation under which children are liable to perpetual exclusion from school for an act of the parent (603}. This view was carried still further under Sup't Ruggles. In September, 1884, the St. Johns ville board of education established the following rules : The principal and teachers of the different rooms may suspend pupils under their immediate control for: 1. Three cases of absence, unless the absence be caused by personal sickness, or serious illness or death in the family, or by some pressing emer- gency. But one case of absence can be counted in the same day. * * * The power of reinstatement shall be limited to the board of education or the principal. * * * Any pupil suspended for any cause shall not be entitled to any privileges of the school until reinstated. For four such absences the father of Clarence Sanders refused to give any reason ; and on Nov. 5, the boy was suspended, and on presenting himself at school the next day was refused admission. His father appealed to the State department, which on March 20, 1885, decided that the boy must be rein- stated, on the grounds (1) that the power of suspen- sion should not be delegated from the board to a teacher ; (2) that to require the parent to state the particular cause for a child's absence or detention is BULKS : ABSENCE AND TARDINESS 41 not only unnecessarily inquisitorial, but, logically carried out, would permit the teacher or trustees to pass judgment on the parent's exercise of authority over his child. This decision (reported in full in the School Bul- letin for May, 1885) caused wide and generally un- favorable comment. Superintendent Draper took a wholly different view, and gave to the author of this volume for publication a copy of the following letter, showing the ground afterward taken by the State depart- ment : That the school authorities have the power to exclude from the benefits of the schools, pupils who refuse to comply with reason- able regulations relative to attendance, I have no doubt. I con- sider a regulation to the effect that a pupil who is absent or tardy shall bring his teacher a written excuse from his parent or guard- ian, to be entirely proper, and the department will therefore sus- tain you in enforcing it. The letter addressed to one of your teachers is a highly improper and insulting one. If- this parent persists in sending his child to school with irregularity and in refusing to give any proper excuse for this course, you will be justified in excluding the child altogether. The schools are surely for the benefit of all and all have com- mon rights in them, but these rights must not be abused by any individual to the inj ury of others. If one parent can maintain the position which this one assumes, then all can, and if all can then the school system is liable to utter over-throw and destruc- tion. This of course we cannot concede. You are advised to notify the person writing the letter which you enclose to me of the contents of this communication ; to receive the child into the school if the parent manifests a disposition to comply with the law. Otherwise you will be upheld in excluding the child in question. 42 TRUSTEES : POWERS OF Here is a Missouri decision : Suppose rule 11 to be inverted, and instead of reading as it now stands should read thus : "Any pupil is at liberty to go a-flshing during school hours and be absent a half day or a whole day and as many days as he pleases, provided he conducts him- self decently when in attendance in school." And this is the point to which the argument of the plaintiff tends. The pupil, it is urged, is at liberty to be absent when he pleases, and such absence is a matter solely between him and his parents. But the studies in our public schools are, I presume, classified according to the ages and advancement of the scholars ; and the continued or repealed absence of one of a class not only is injurious to the absentee, but if allowed beyond a certain point is calculated to demoralize those who attend, and damage the orderly instructions of the teacher. Taxes are not collected to pay teachers to sit in front of empty benches, or to hunt up truant boys. Such absences, when without excuse, are the fault of the parents, whose business it is to see that the attendance of their child is regular, unless prevented by causes which will, of course, be an excuse under the rule now in question.* Vaccination. Trustees and school boards are directed and empowered to exclude from the benefits of the common schools any child or person who has not been vaccinated, until such time when they shall become vaccinated. (Chap. xxv. General Laws.) NOTE 1. Free vaccination. When such school board or trustees shall adopt a resolution to carry Into effect this provision, they shall post in two or mure public places In the district, at least 10 days' notice thereof, stating that due provision has been made for the vaccination of any child or person of suitable age who may desire to attend the common school, and whose parents or guardians are unable to procure vaccination for them. (Chap. xxv. General Laws.) NOTE 2. Provisions. The trustees or board may appoint some compe- tent physician and fix his compensation to be, with other necessary expen- ses, provided In the annual tax bill. * 71 Mo. 628. See also 116 Mass. 3G6 ; 13 Brad. 520. RULES I THIS COMPULSORY LAW 43 The Compulsory law (xvi) requires that : (a) every child between 14 and 18 not regularly employed, and (6J every child between 8 and 12 shall be in attendance upon in- struction as many days between Oct. 1 and June 1 as the public school shall be in session; and that (c) every child between 12 and 14 shall attend school upon at least 80 consecutive school days, and in addition upon all school days when not usefully employed, and be instructed in at least the common branches of reading, spelling, writing, arithmetic, English grammar, and geography (xvi. 3). Private schools. If a child attends a private school the character of the instruction and the number of hours a day shall be the same as in the pub- lic school, with no more allowance for holidays and vacations. Parents or guardians of children between 8 and 16 must cause such chil- dren to attend school, or give notice to the trustees of their inability to do so, under penalty of fine of $5 to $50 and imprisonment. Employers. It is made unlawful, under penalty of fine of $50, to employ any child between 8 and 12 during the time the public school is in session; or to employ any child between 12 and 14 who does not present a certificate (rom the school superintendent or corresponding officer showing that the child has complied with the law respecting attendance. Attendance officers. Cities and union school districts shall appoint at- tendance officers to arrest children between 8 and 16 who are truants. In other districts these officers are appointed by the town board. See page 13. Truant schools. The trustees of any district may establish truant schools or truant rooms, and may send there with written consent of the parents, or without such consent upon conviction, for a period not extend- ing beyond the school year, children between 8 and 16 who are habitual tru- ants or who are insubordinate. Pupils suspended for more than one week must be committed to a truant school. The school authorities in cities and districts where there is no truant school may contract with any other city or district having a truant school for the confinement, maintenance, and in- struction therein of its truant children. Industrial training must be taught in all truant schools. In cities or villages the expense of commitment and maintenance at a truant school shall be a city or village charge; in all other districts a county charge (606:1896). Record of attendance. The teacher of every school shall keep a record of children between 8 and 16, showing each day of attendance by the year, month, day of the month, and day of the week, and the number of hours each day. Penalty. One-half the State moneys may be withheld from any city or district neglecting to enforce the provisions of this act. (6) COURSE OF STUDY. Trustees have the power 44 TRUSTEES: POWERS OF to select the branches to be taught, and to require pupils to pursue them (605, 606). NOTE 1. Pupils must be instructed in physiology and hygiene, witl) special reference to the effects of alcoholic drinks, stimulants, and narcotics (vii. 47. 11; xv. 19). Instruction in manual training may be prescribed (xv. 25), and advanced studies may be introduced (621). For the course of study required in high schools, see page 60. NOTE 2. Instruction in free-hand drawing must be given in all cities; and in all union schools districts unless excused by the superintendent (xv. 21). Evening schools for this purpose may be established when directed by the city authorities, or by district meeting (xv. 22). Vocal music may be taught in cities and in union schools (xv. 23). Kindergartens may be estab- lished in all districts (xv. 24; 264:1896. See page 66). Text-books. In district schools, the text-books to be used are to be designated by any annual meeting by a two-thirds vote of all the legal voters present and voting, and may not be changed within 5 years except by a three-fourths vote of those present and voting at an annual meeting. In union free schools, the board of education adopts the text-books, and no change may be made within 5 years of adoption except by a three-fourths vote of the board (xv. 9, 10). Changing text-books. Any person superseding a text-book adopted for use in any public school by the board of education in cities, villages, and union free school districts, or in other district schools by a two-thirds vote of any annual meeting, within 5 years thereafter, except on a three -fourths vote of such board of education or annual district meeting, shall be liable to a penally of not less than 50 nor more than $100, to be sued for by any tax payer before any justice of the peace for the benefit of the district (xv. 11). Religious exercises. In New York it has been uni- formly ruled that pupils cannot be compelled to at- RULES : COURSE OF STUDY 45 tend religious services, and that the law gives no authority, as a matter of right, to use any portion of the regular school hours in conducting any religious exercises at which the attendance of pupils is made compulsory (618-622}. NOTE 1. Some places, like the cities of Troy and Rochester, have for- bidden any religious exercises. But in most communities opening the school with Bible-reading and some form of prayer is considered unobject- able and desirable. It is the rule of the State department never to interfere in this matter unless some one in the community feels sufficiently aggrieved to appeal to the superintendent, in which case the law forbidding religious exercises in school hours is immediately enforced. NOTE 2. The practice of the department is the same with regard to the drawing of public money by Catholic schools. In some cuies and villages, schools conducted by Sisters wearing the usual garb of their order are admitted under the public school system, the teachers being examined by local officers, and drawing pay from the public funds. This the superinten- dent permits except where his attention is officially called to it by regular appeal, in which case he is obliged to decide that such are not properly public schools and cannot participate in the public money (622-625). NOTE 3. It has been held that Catholic children could be expelled for non-attendance on days when their church compelled attendance upon religious exercises ;* and in 1875 a Hebrew girl was expelled from the Sher- win school, Boston, for not attending the Saturday sessions. But the mod- ern current of decisions is the other way, and trustees are advised to respect the religious observances of their pupils so far as the welfare of the school permits. (c) CONDUCT OF PUPILS. According to decisions in New York, the authority of trustees over pupils ceases with the close of school and their departure from the school premises (602}. NOTE 1. The rule in other States is generally that the authority of the trustees is absolute on the school premises, and concurrent with the parent on the road home.t NOTE 2. A pupil may not be expelled for wearing her hair in a way dis- approved of by the trustees (COS). *43Vt. 414. 1 31 la. 568 : 8 Cush. 1GO ; 32 Vt. 114, 46 TRUSTEES : POWERS OF (12) Give to teachers for their wages orders on the supervisor, or on the collector or the treasurer for the public moneys, so far as they are in their hands ; and collect the rest of the wages by direct tax, but not to exceed four months in advance (vii. 47. 12). NOTE 1. It is a misdemeanor to give an order upon the supervisor, col- lector or treasurer unless there shall be on hand sufficient moneys belonging to the district to meet the same (vii. 47. 12, 15). NOTE 2. They may raise this tax even when it has not been voted by the district (vii. 47. 12). NOTE 3. The order can be drawn only in favor of the teacher. If he desires to apply the proceeds to the payment of a private debt, for board or other consideration, he can endorse it to his creditor, but it is for him and not for the trustees to distribute his wages (400, 704, 707, 70S). NOTE 4. A contract compelling the teacher to board with the trustee is null and void (597). NOTE 5. No order shall be given for wages till the teacher has verified the school report (vii. 53 ; h21). Payment of unqualified teacher. Trustees commit a misdemeanor by paying an unqualified teacher from the public moneys, or moneys raised by dis- trict tax, and any fines imposed on them shall be for the benefit of the schools of the county (vii. 40). (13) Divide the public moneys into as many por- tions as there are terms, and raise the needed ad- ditional tax by terms (vii. 47. 13). (14) Draw upon the supervisor, collector, or treas- urer for the school and library money (vii. 47. 14). See iii. 4. 1, 2. (15) After having paid toward teachers' wages PAYMENT OF TEACHERS 47 the public moneys applicable, raise the rest by tax (vji. 47. 15 ; 4.02, 403). Allowance. In case a district shall have been excluded from its share of the public money by omitting to make any report (ii. 15), or to comply with any other requirements, if it shall be shown to the superintendent that such omission was acci- dental or excusable, he may make such district an equitable allowance (ii. 8). Loss of school money. The loss of any school moneys to a district through wilful neglect of duty by any school officer, renders such person liable for the whole amount with interest (xv. 1). (16) Call special meetings, when requested by a respectable number of inhabitants (565-568, 584, 742, 743}. (17) Sue for and recover any moneys in the hands of any former trustees and apply the same to the use of the district (vii. 58). (19) Outbuildings. They shall provide at least two suitable water-closets or privies for every school under their charge, entirely separated from each other, and having separate means of access ; the approaches thereto shall be separated by a substantial close fence not less than 7 feet in height (vii. 48 ; 269}. HOTB 1. It Is the duty of such officers to keep these buildings In a clean and wholesome condition j and if they fail to comply with these require- ments, it shall be sufficient ground for their removal from office, and the withholding from the district of any share of the public money (v. 4g). 48 TRUSTEES : POWERS OF NOTE 2. Any tax to provide for the expenses thereof may be levied without a vote of the district when such expense shall have been approved by the school commissioner (vii. 48). The expense for the erection of neces- sary out-buildings when the district is unprovided with them, and the com- missioner or superintendent has directed that they be built, is limited after- ward to $50 (vii. 50). But no limit is placed to the expenditure to abate nuisances under direction of the commissioner (vii. 50). (19) Purchase of apparatus. Trustees may expend, without a vote of the district, a sum not to exceed $50 a year for necessary and proper repairs of the schoolhouse ; and a sum not to exceed $25 a year for a dictionary, maps, globes and other school apparatus (vii. 50 ; 193}. NOTE. Trustees may also provide fuel, stoves, or other heating appa- ratus, pails, brooms, etc., when not voted by the district (vii. 50). (20) Libraries. The trustees shall appoint a teacher of the schools under their charge as libra- rian, who with the trustees shall be responsible for the safety and proper care of the books, and make such reports as the superintendent requires (xiii. 2). NOTE. Any books or other library property which have not been in direct charge of a librarian duly appointed within one year may be taken and shall be hereafter owned by any public library under State supervision which has received permission from the regents (xiii. 6). No portion of the library money (see page 11) shall be expended except for books approved by the superintendent : which shall consist of (a) reference books for use in the schoolroom ; (6) suitable sup- plementary reading books for children ; (c) books relating to branches being pursued in the school ; or (d) pedagogic books as aids to teachers (xiii. 1). NOTE 1. All districts may raise money by tax for their libraries, or receive gifts or bequests to maintain them (xiii. 4). LIBRARIES 49 NOTE 8. It is not necessary that the approval of the superintendent be secured before the purchase of the books, but the books must be su' h as he Is likely to approve of. A list of suitable books may be obtained from the publisher of this volume, or from the superintendent. The library is to be a part of the school equip- ment and kept in the school building at all times ; but teachers, school officers, and pupils may borrow not more than one at a time of the volumes not needed for reference, and keep the same not to exceed two weeks (xiii. 2). NOTE. The board of education in a city or union free school district, or the school meeting in an ordinary district may give all its books to any township or other free public library under State supervision, provided it is free to such city or district (xiii. 5). (21) Branch schools. Whenever necessary, the trustees may open branch schools at the expense of the district (vii. 50 ; 598\ (22) Contracts with city schools. Trustees may be empowered by majority vote of the district to make written contract with the board of education of any adjoining union school to permit the children of such district to be taught in the schools of such union school. Such district shall receive its district quota(xv. 141. Seepage24. They may also be empowered to provide for the conveyance of children to such union school (2(34, 1896). (23) Records. The trustees shall keep in a blank book a record of all movable property belonging to the district, and their accounts of money received and expended. In another the teachers shall keep a record of all the pupils attending school, their ages, etc., and until the teacher has verified the entries by 50 UNION FREE SCHOOLS oath the trustees shall not give an order for wages (vii. 53 ; 4.27). The teacher is responsible for the register, and must make affi- davit, and may make affidavit before school commissioner or dis- trict clerk. See page 122. Payment to themselves. Trustees cannot receive pay for their services (750), and must not employ them- selves as teachers (74-h 765). They may not receive pay for services as workmen for the district, since they would thereby place themselves in position to act officially with personal bias (D. 3753, 3897, 4039). See 8. B. xv. 104, 105. They may employ a person to do the clerical work in making out the tax -list (756). (24) Reports. Shall, on the 1st day of August in each year, make in writing a report to the school commissioner, and deliver the same to the town clerk (vii. 59 ; 203-215, 763). Shall also once a year make full reports to the district (vii. 53, 55 ; 203-215, 763) ; and when their office expires pay to their suc- cessors all unexpended district moneys (vii. 56). Shall transmit amount of bonded indebtedness to clerk of board of supervisors on or before Nov 1 (274:1895). Failure to make report. Any trustee refusing or neglecting to render an annual account of moneys received and paid shall forfeit any unexpired term of office, and become liable to the trustees for any district moneys in his hands (vii. 57). UNION FREE SCHOOLS Establishment. When 15 persons entitled to vote at any district meeting shall sign a call for a meet- ing to determine the establishment of a union free school in the district, it shall be the duty of the trus- FORMATION 51 tees within 10 days after the call shall be presented to them to give such public notice as is required by law that a meeting of the inhabitants will be held for such purpose at a suitable place, and at a time not less than 20 nor more than 30 days thereafter (viii. 1). Union meeting. When 15 such persons from each of two or more adjoining districts, shall unite in a call for a meeting of the inhabitants of such districts, to determine whether the districts shall be consoli- dated by the establishment of a union free school therein, it shall be the duty of the trustees of those districts, or a majority of them, to give the notice as above for a meeting to be held within the districts at some convenient place (viii. 4 ; 776780). NOTE 1. When such district corresponds wholly orln part with an incor- porated village, the notice shall be published once a week for 3 consecutive weeks before the meeting in all the newspapers in the district, and at least 5 copies shall be posted conspicuously in said district 80 days prior to the meeting (viii. 2). NOTE 2. In other districts the notice shall be thus posted, and the trus- tees shall require some taxable inhabitant to notify every other taxable inhabitant (viii. 2). NOTE 3. The expense of these notices shall be borne by the district If the union free school is established, but if not, by the inhabitants signing the call Mil. 3). NOTE 4. The qualifications of voters are the same as at district meetings (vii. 11 ; viii. a See page 20.) NOTE 5. When one or more districts adjoin a union free school district whose limits do not correspond with those of an Incorporated village or city, the commissioner may upon written consent of the trustees of all the dis- tricts affected dissolve such district or districts, and annex the territory to the union free school district (viii. 30). Election of trustees. Whenever any such meeting, or any adjournment thereof for a period not longer 52 UNION FREE SCHOOLS than 10 clays from a previous meeting, at which not less than 15 persons entitled to vote thereat shall, by the affirmative vote of a majority present and voting, determine to establish a union free school in said district, it shall be lawful for such meeting to pro- ceed to the election by ballot of not less than 3 nor more than 9 trustees, in place of the existing trus- tees, whose terms shall cease when the others assume office, for a board of education (viii. 5). NOTE 1. Copies of the call for, and the minutes of meetings, duly certi- fied by the chairman and secretary thereof, shall be by them transmitted to and deposited with the town clerk, the school commissioner, and the superintendent, respectively (viii. 5). NOTE 2. If it shall be decided not to establish a union free school, no other meeting for such purpose shall be called within a year thereafter. Nor shall a union free school district thus formed be dissolved within the period of one year from the first Tuesday of August following such meeting (viii. 5). For proceedings for dissolution, see viii. 32-42. NOTE 3. Neither a supervisor nor a school commissioner may be a mem- ber of a board of education, and a member elected to either of these offices vacates his office as a member (viii. 5). Compare vii. 22. NOTE 4. The trustees so elected shall be, by order of such meeting, divided into three classes to serve one, two. and three years respectively (viii. 9). NOTE 5. When the limits of such constituted district correspond with those of any incorporated city or village, their term of service shall be com- puted from the date of the next charter election in such city or village, and new members shall be elected at such annual elections thereafter, in place of those whose terms expire (viii. 6). In other districts their term of service shall be completed the first Tuesday of August following (viii. 5; 7GJ>). Change in number of members. The qualified voters may determine by a majority vote to increase or diminish the number of members of the board of education, but no board shall consist of fewer than 3 or more than 9 members (viii. 31). Dissolution. It shall be the duty of the board of 1USSOLUTION 53 education of tiny union free school district, estab- lished not less than one year (viii. 5), upon the ap- plication of 15 resident taxpayers of the district, to call a special meeting, in the manner prescribed by law, for the purpose of determining whether applica- tion shall be made for the dissolution of such dis- trict, and its reorganization as a common school district or districts (viii. 32). NOTE 1. lie-division into districts. If such dissolved district shall have been established by the consolidation of two or more districts, it shall be lawful for the commissioner to direct that its territory be divided to corre- spond as far as practicable, with the districts that were consolidated (viii. 34). NOTE 2. Time for annual meeting. The animal meeting shall be held In the district or districts, after the dissolution, on the first Tuesday of August' and officers shall be elected as required by law (viii. 38). NOTE 3. Report to superintendent. It shall be the duty of the board of education of the district affected forthwith to furnish the superintendent cop- ies of the call, notice, proceedings of the meeting, and proceedings of the commissioner taken thereon (viii. 40). NOTB 4. Not to lie related within 3 years. Whenever, at such meeting, it shall be determined by a majority vote not to dissolve such district, or If the school commissioner shall not approve the proceedings of such meeting, no other meeting for a similar purpose shall be held in the district within 3 years from the time the first meeting was held (viii. 33, 39). Notice to commissioner. If it shall be determined by a two-thirds vote of the legal voters, as above, to dissolve such district, it shall be the duty of the board of education to present to the school commis- sioner a certified copy of the call, notice, and pro- ceedings. If he shall approve of the proceedings of such meeting, he shall certify the same to the board of education ; and on the day preceding the first Tuesday of August next thereafter such district shall cease to be a union free school district (viii. 33). 54 UNION FREE SCHOOLS Annual meeting. The annual school meeting of a union free school district when limits do not corre^ spond with those of an incorporated village or city shall be on the first Tuesday of August (viii. 13). NOTE 1. In districts whose limits correspond with those of an incor- porated village, the election shall be by separate ballot at the charter elec- tion (viii. 6). NOTE 2. The meeting has the right to choose its own chairman (784). NOTE 3. Meetings of the board of education. In either case, the annual meeting of the new board of education for organization shall be on the Tuesday following the election (viii. 13), and there must be regular meetings at least four times a year (viii. 22). Such meetings are open to the public, but executive sessions may be held open only to the board and persons in- vited to be present (viii. 22). NOTE 4. The meeting may vote a tar for all text-books used in schools, In which case the board must furnish them within 90 days (195:1897). Clerk*. The board of education now elects its own clerk (466:1897, 776). NOTE 1. He must be a qualified voter of the district, not a trustee or a teacher employed in the district (viii. 7), and able to read and write (viii. 8). His salary is fixed by the voters at the annual meeting, or if they fail to make provision by the board of education. NOTE 2. Where the limits of the district are the same as those of an incorporated town or village, the clerk is elected at the annual meeting. In case the annual meeting fails to elect, the board of education shall appoint one of their own number to act as clerk (viii. 7). NOTE 3. The board have power also to appoint as treasurer one of the taxable inhabitants of the district and fix his compensation (489, 833:1896), and another as collector of the moneys raised, to hold office during the pleasure of the board; if however the treasurer be elected " for the coining year" he cannot be removed except for cause (D. 4418). Each shall execute and deliver a bond to the board, of a sufficient security, within 10 days after written notice of his appointment shall have been duly served upon him viii. 7; 769, 770, 771). POWERS OF A BOARD OF EDUCATION. The board of education is : (1) To adopt by-laws and rules for its own govern- ment (viii. 15. 1). Quorum. The Consolidated Law does not prescribe how many mem- bers constitute a quorum, but a majority may be assumed to constitute a quorum and a majority of that majority may transact business (D. 3314,4343). * The provisions of the statute relating to a clerk do not apply to the towns of Cortlandt and White Plains (viii. 42). 1'ONVEfiS OP BOARD OF EDUCATION 56 Trustees have this power by implication. (2) To establish such rules and regulations con- cerning the order and discipline of the schools as they may deem necessary to secure the best educa- tional results (viii. 15. 2). Here their powers are the same as those of trus- tees. See pages 37-45. (3) To prescribe the course of study, and regulate the admission and transfer of pupils (viii. 15. 3 ; 28). These are the powers of trustees. See pages 43- 45 ; 37, 38. NOTE 1. The board of education adopts the text-books, however, while trustees must refer the matter to the district meeting. See page 44. (4) To prescribe the text-books used, and compel uniformity in the use of the same ; and to furnish the same to pupils out of any moneys provided for the purpose (viii. 15. 4). In ordinary districts the school meeting adopts the text-books ; in union free school districts, this power is vested in the board of education (737}. See page 44. In ordinary districts text-books can be furnished only to indigent pupils. See page 23. In union free school districts they may be furnished to all pupils if the district provides the money. (5) To make provision for the instruction of pupils 56 UNION KREK in physiology and hygiene with reference to the effects of stimulants and narcotics (viii. 15. 5). This is also required of trustees. See page 43. (6) (a) To purchase sites as designated by a dis- trict meeting (ix. 5) ; (/;) to construct such school-' houses as may be designated ; (c) to purchase furni- ture and apparatus ; (d) to keep the schoolhouse and furniture in repair ; (e) to hire rooms for the school when needed ; (/) to insure the schoolhouse and contents (viii. 15. 6). (a, 6) To purchase sites and construct schoolhouses. Here the duties of the board are the same as those of trustees. See page 32. NOTE. In cities of more than 30,000, except In the city of Brooklyn (ix. 4), It shall not be lawful under the " condemnation law " (title 1, of chapter 23, of the Code of Civil Procedure) to acquire less than the whole of any city or village lot ; or any premises occupied as a homestead without consent of the owner ; or beyond the corporate limits of the city any garden or orchard or manufacturing establishment without consent of the owner (ix. 2). Villages and cities. In incorporated cities and villages, the corporate authorities shall from time to time raise by tax such sums as are set forth in a written statement in detail, and declared by the board of education to be necessary, for purposes of anticipated expenditures ; and such authorities have no power to withhold the sums declared to be neces- sary for teachers' wages and the ordinary contingent expenses of the school. They shall also raise such further sums as may have been voted at the district meeting for sites, buildings, and apparatus (viii. 9). POWERS OF BOARD OF EDUCATION 57 Districts not villages. In districts whose limits do not correspond with those of an incorporated city or village, a majority of the voters present at any animal or special district meeting, properly called, may authorize such acts and vote such taxes as they shall deem expedient for the support and welfare of the school (viii. 9). NOTE 1. No addition to or change of site or purchase of a new site, or tax for the purchase of any new site or structure, or for the purchase of an addition to the sight of any schoolhouse, or for building any new schoolhouse, or for the erection of an addition to any schoolhouse, shall be voted by such meeting unless a notice by the board of education stating that such tax will be proposed and specif ying the amount and object thereof, shall have been published each week for the 4 weeks next proceeding the meeting in 2 newspapers published in the district, or in one paper if there be but one published ; if no newspaper be published in the district, the said notices shall be posted in at least 10 of the most public places in the district for 20 days before the meeting (viii. 9). NOTE 2. No vote to raise money shall be rescinded, nor the amount thereof be reduced, unless it be at an adjourned meeting or a meeting called by regular and legal notice which shall specify the proposed action, and at which the vote upon said proposed reduction or recinding shall be taken by ballot or by recording the ayes and noes (viii. 9 ; 264: 1896.) NOTE 3. The money so voted may be levied in one sum or by instal- ments. When by instalments the corporate authorities are authorized to borrow so much as may be necessary at a rate of interest not exceeding 6 per cent (viii. 9). NOTE 4. All moneys for teachers' wages, after the due application of the school moneys thereto, shall be raised by tax (viii. 11). (c) To purchase furniture and apparatus. In ordi- ary districts, the expenditure of the trustees with- out vote of the district is limited to $25 for apparatus. NOTE 1. See page 48. In union schools there is no limit. NOTE 2. U. S. flags must be furnished all schools (222 : 1895). Apparatus for instruction in natural history, geography, and kindred subjects by pic- torial representation may be had from the State superintendent for free use on payment of necessary expenses incurred. Free lectures are given to all cities and to villages employing a superintendent (363 : 1895). 68 UNION FBfifi SCHOOLS (d) To keep the schoolhouse and furniture in repair. In ordinary districts, the expenditure of the trus- tees without vote of the district is limited to $50. See page 48. In union free school districts there is no limit. NOTE. This does not however authorize material additions to the school property, or the adoption of an expensive system of heating or ventilation (77C), which should be by vote of the district. (e) To hire rooms for the school when needed.- Trus- tees have the same authority. See page 48. (/) To insure the schoolhouse and contents. Trus- tees have the same power, if the district neglects to authorize it. See page 33. (7) To hold the property of the district in charge (viii. 15. 7). Trustees have the same power. See page 32. (8) To sell property of the district, when author- ized by vote (viii. 15. 8). Trustees have the same authority (vii. 20). See page 32. (9) To take and hold any gift or legacy to the district (viii. 15. 9). In ordinary districts this is one of the duties of the supervisor (593}. (10) (a) To have the superintendence, manage- ment, and control of the school ; (b) to establish in the same an academical department when warranted, or, when authorized by the district, to adopt an es- tablished academy as the academic department (viii. ACADEMIC DEPARTMENTS 59 27) ; (c) to receive non-resident pupils, and establish tuition-fees ; (ct) to provide fuel, furniture, and other necessaries for the school ; and (e) to appoint librari- ans (viii. 15. 10). (a) To have the superintendence, management, and control of the school. This is identical with the power of trustees to establish rules and regulations. See pages 37-45. (6) To establish an academic department (viii. 27). This is a power denied to ordinary districts (771). Requirements. Such academic department shall be under visitation of the regents, and subject in its course of education and matters pertaining thereto to their rules (viii. 26). Grading of schools. The following system of grad- ing has been adopted by the regents. (1) The name high school shall be limited to schools giving a full four-year course, and supported by taxation, and the name academy to schools giving a similar course, not so supported. (2) The academic departments of public schools giving less than a four-year course shall be graded as junior, middle and senior schools, according as they give one, two or three-year academic courses. NOTE. Schools not supported by taxation and giving academic courses of less than four years shall be similarly graded as junior, middle and senior academic schools. (3) Such schools shall be admitted on a minimum of $200, $300, or $400 respectively for books, and 60 UNION FREE SCHOOL on the provision of such apparatus as is required for teaching the subjects in the courses adopted. NOTE 1. Only full years shall be counted in grading. NOTE 2. The grade shall be determined not by courses offered in the catalogue, but by instruction really given to one or more students during the course. Studies may be counted if each student during his course has full opportunity to take them, though not given each year. NOTE 3. No school shall be admitted to the university unless its course of instruction includes at least 12 counts or one full year of academic work. NOTE 4. Secondary schools of the university shall be classified by this system on their own report of instruction for the present year, and this grading shall be revised by the inspectors at each visit. NOTE 5. Each junior school shall be at liberty to select for its course any 12 academic counts covered by the regents' examinations. NOTE 6. Blank forms of application may be had from the regents. Course of Study. The law respecting teachers for cities and villages (see page 98) requires for approved schools of higher grades this minimum course of study, approved by the State superintendent. 1. English 500 hours; to include grammar (100), rhetoric and composi- tion (200), literature (200). A thorough course in grammar before entering the academic grades will be accepted as an equivalent for the 100 hours prescribed. The work in literature must cover requirements for admission to college by the Association of Schools and Colleges of the Middle States and Maryland. 2. History 500 hours; including English (100), Greek and Roman (100) , and American (200), including 50 hours for the intensive study of some special period of American history; civics (100). For 100 of the hours in American history, 200 hours in sub-academic grades will be accepted. 3. Mathematics 450 hours; to include algebra to quadratic equations (200), plane geometry (200), and a review of arithmetic (50). 4. Science 500 hours; to include physics (200), chemistry (100), physiog- raphy (50), botany (50), physiology (50), and zoology (50). Individual lab- oratory work is required. For botany and zoology 100 additional hours in advanced physics or advanced chemistry, or 50 hours in each may be sub- stituted. For all sciences except physics and physiology, 200 hours in Latin and 400 hours in Greek or French or German may be substituted. 5. Foreign languages, to include either Latin (400) or French (400) or German (400). 6. Drawing 200 hours; to include the principles and practice of repre- sentation, construction, and decoration. 7. Vocal music 100 hours; to include vocal culture (in class), sight- singing from the staff, and the common technical terms used in vocal music. Circular of October 1, 1898. Procedure. As soon as practicable, any institution making application for admission will be visited by ADMISSION UNDER VISITATION OF REGENTS 61 a regents' inspector, who will examine its equip- ment and advise with its officers as to plans for the future. Applications for charters or certificates of admission can, however, be forwarded at any time either before or after the inspector's visit and will, unless there be a special reason to the contrary, be acted on by the regents at their next meeting. If favorably considered, a certificate of admission will be granted. Adoption of existing academy. When an academy exists within a union free school district, the board of education may if authorized by a vote of the dis- trict, and with the consent of the trustees of the academy, adopt such academy as the academic de- partment of the district. The board may lease such academy and site, and maintain an academic de- partment therein (viii. 27). NOTE. If a union school district which has adopted an academy as an academic department be dissolved, the academy shall upon application of a majority of the surviving trustees or stockholders be transferred to them (viii. 35). Registration. The regents will authorize the in- spection of any school of academic or higher grade which shall apply for the same, and which shall pay the total cost to the University of the inspector's time and travelling expenses. The academic fund. The sum of $12,000 from the income of the literature fund, $34,000 from that of the U. S. deposit fund, and $60,000 from the gen- eral fund is annually paid for the benefit of acade- 62 UNION FREE SCHOOLS mies, according to apportionment made by regents, examinations held in such academies. (Chap. 378, laws of 1892.} NOTE 1. Of the $106,000 thus apportioned, $60,000 from the general fund may be used only for the academic departments of union schools. NOTE Z.Pi-ovisional examinations. On evidence satisfactory to the office, preferably the recommendation of a regents' inspector, that the best educa- tional interests of a school demand it, the privilege of taking regents' exam- inations for a period not to exceed one year is sometimes granted provision- ally while the school authorities are completing the requirements necessary for full admission. Certificates of diplomas earned at examinations provisionally granted as above do not draw money from the academic fund unless the school at which they are earned is admitted to the University before the apportion- ment of the academic fund is made for that year. NOTE 3. The moneys apportioned to common school districts must be applied to the departments below the academical ; and all moneys from the literature fund or otherwise appropriated for the academical department, to the latter (viii. 23). Reports. The regents shall require of each aca- demic department an annual report giving informa- tion concerning trustees, faculty, students, instruc- tion, equipment, methods, operations, etc. NOTE. For refusal or neglect to make this report, the regents may sus- pend its charter, or any of its rights and privileges. Teachers' classes. All cities except New York, and all villages employing a superintendent (1031: 1895), and such academies and other union schools as are designated by the superintendent, may instruct teachers' classes of not less than 10 or more than 25 pupils, for not less than 36 weeks. For each such, scholar the school shall receive 1.00 for each week's instruction (xi. 3). See page 78. NOTE 1. The schools shall be chosen by the superintendent so as to dis- tribute them among the commissioner di-tricts. having reference to the number of school districts in each, and the location and character of the institutions (xi. 3). NOTE 2. The institution must be free to the pupils in the class (xi. 4). TEACHERS' CLASSES 63 XOTK 8. The superintendent shall prescribe the conditions of admis- sion, the course of instruction, the rules and regulations under which it shall be Riven, the number of classes in a year, and the length of time exceeding 16 weeks during which instruction may be given (xl. 3). NOTE 4. At the close of the term, the commissioner shall examine said classes, and issue teachers' certificates to such as prove worthy (xl. 7). (c) To receive non-resident pupils. Trustees also have this power. See page 38. (d) To provide fuel, furniture and otJier necessaries. In ordinary districts, the expenditure of trustees without vote of the district is limited to the pur- chase of "fuel, stoves or other heating apparatus, pails, brooms and other implements necessary to keep the schoolhouse or houses and the school-room or rooms clean and to make them reasonably com- fortable for use, when no provision therefor has been made by a vote by the district, or the sum voted by the district for said purpose shall have proved insuf- ficent" (vii. 50). See page 48. The purchase of furniture by boards of education is already author- ized by 6 (c), page 57. (e) To appoint librarians. Trustees have this power. See page 48. (11) To employ by written contract, and to pay qualified teachers by written contract (viii. 15, 11). This power is the same as that of trustees. See pages 33-37. NOTK. The contract is subject to the rules established by the board (774). (12) To fili any vacancies in the board (viii. 15. 12 ; 766, 770). 64 UNION FREE SCHOOLS In ordinary districts vacancies are filled by the district meeting, or by the commissioner. See page 29. (13) To remove a member of the board for official misconduct (viii. 15. 13 ; 768, 770}. In ordinary districts, only the superintendent can remove a trustee. See page 29. NOTE. The superintendent may remove any member of a board, for cause shown and after given opportunity for defence. Wilful violation or neglect of duty is cause for removal (viii. 29). (14) To provide for the school at least two water- closets, entirely separated and with separate means of access (viii. 15. 14). Trustees have this power, but it must be exercised under direction of the commissioner, and the amount must not exceed $50. See pages 47, 48. (15) To build outside stairways on buildings more than two stories high (viii. 15. 15). This is also required of trustees. See page 31. (16) If the population of the district is more than 5,000, and if it is thought advisable, to appoint a superintendent (viii. 17). See page 18. Trustees of a large district school might appoint head teacher and call him superintendent ; but he would not draw the $800 ; and he would have to hold a teacher's certificate, which is not required of city and village superintendents. (17) To keep an accurate record of its proceedings in books open to public inspection (viii. 18). TAXATION 65 This is also required of trustees. See page 49. (18) To publish each year 20 days before the annual meeting in at least one newspaper of the dis- trict a detailed account of all moneys received and expended (viii. 18). This is not required of trustees. (19) To appoint committees to visit all schools at least twice in each quarter, and report at the next regular meeting (viii. 22). This is not required of trustees. (20) To appoint an attendance officer for the ar- rest of truants (Chap. 671, laws of 189 4). See page 43. NOTE. They may establish schools or set apart separate rooms for truaut schools (Chap. 671, laws of 139!t). (21) Drawing. To cause free instruction to be given in free-hand or industrial drawing, unless ex- cused by the superintendent (xv. 21). This is not required of trustees, though it is of course permitted. See page 43. NOTE. Boards are also authorized to maintain evening schools for in- struction in industrial drawing, whenever the city authorizes in a city, or the district meeting in other union free school districts, shall so vote, for which purpose additional power to raise money for this purpose is conferred (xv. 22). (22) Vocal music. Boards may cause free instruc- tion to be given in vocal music (xv. 23). Trustees no doubt have the same power under their general control of the course of study (page 43) ; but this is a special authorization, meant to encourage the study of music. 66 UNION FREE SCHOOLS (23) Kindergartens. Boards may establish and maintain one or more kindergarten schools (xv. 24). Trustees now have the same power (264:1896). NOTE 1. No child under 4 years may be admitted, and the board may fix the highest limit of age. Children under 4 years shall be reported sep- arately, and may be counted in distributing the public moneys (ii. 6; xv. 24; 264:1896). NOTE 2. All teachers employed in these kindergartens must be licensed like other teachers (264:1896; see pages 33,89); or have a special kinder- garten diploma (see page 92); and are counted in the district quotas (see page 10; 264:1896). (24) Industrial training. Boards may maintain departments of industrial training; and purchase such outfit and employ such teachers as may be authorized by the city authorities or district meet- ing (xv. 25). Trustees have the same power. See page 44. (25) Colored children. Boards in any city or in- corporated village, and other union free schools could formerly establish separate but equal schools for children of African descent (xv. 28, 29), but this is no longer legal (492:1900). Trustees have never had ^uch power. See page 38. (26) Orphan asylums. The schools of the incor- porated orphan asylum societies, except in the city of New York, shall participate in the public moneys, and shall be subject to the rules and regulations of the school authorities in their respective districts, but shall remain under the immediate management and direction of the said societies (xv. 32). (27) Arbor day. It shall be the duty of the authorities of every public school to assemble the TAXATION 67 scholars on the Friday following the 1st day of May, to conduct such exercises as shall tend to encourage the planting, protection, and preservation of trees and shrubs (xv. 45). NOTE Pamphlets containing a course of exercises and instruction are published and distributed annually by the superintendent (xv. 46). (28) To keep within the appropriation in all ex- penditures (viii. 23). NOTE. In the union schools of cities or incorporated villages, all moneys appropriated or raised by tax are to be paid into the city or village treasury, and kept distinct ; and no money can be drawn from these funds except by resolution of the board, and by drafts signed by the president and counter- signed by the secretary or clerk stating on their face the purpose for which they are issued (viii. 24). NOTE 2. In other union schools, the said funds shall be paid to the treasurers of the boards of education, and money drawn only by resolution and draft as in Note 1. In these districts, the boards shall annually render to the school commissioner accounts of all moneys received and expended, with every voucher, and certified copies of every order of the board (viii. 25). Estimate of money required. At the annual meet- ing of the district, the board shall present, besides any other report or statement required by law, a detailed statement in writing of the amount of money required for the ensuing year for school pur- poses, exclusive of the public moneys, specifying the several purposes for which it will be required and the amount of each. When demanded by any voter present, the question of voting the necessary taxes shall be taxed upon each item separately, and the inhabitants may increase or reduce any estimated expenditures, except those for teachers' wages and the ordinary contingent expenses of the school (viii. 18, 19). Compare report of trustees, page 50. 68 UNION FREE SCHOOLS Taxation without vote. If the inhabitants shall neg- lect or refuse to vote the sums estimated necessary for teachers' wages after applying thereto the public moneys, and the moneys received or to be received for that purpose, or shall refuse or neglect to vote the sums estimated necessary for contingent expenses, the board may levy a tax for the same in like man- ner as if it had been voted by the inhabitants (viii. 20). Trustees have power to levy tax for teachers' wages, but not for the contingent expenses of the school except within the limits already specified for insurance, fuel, repairs, etc. See pages 33, 47, 48. NOTE. The board may not levy this tax unless the limit has been pre- sented at an annual or special meeting, and the inhabitants have neglected or refuse to vote it (783). (29) To exercise, except as specially provided for above, all the powers and duties of school trustees (ix. 3 ; 788} ; and whenever an academic depart- ment is established, of trustees of academies (viii. 16 ; chap. 378, laws of 1892). DISTRICT AND UNION FREE SCHOOLS COMPARED. The principal differences between district and union free schools may be summarized as follows : (a) Powers exercised by trustees with restriction ; by boards of education without restriction. \. To purchase apparatus. Pages 48, 57. 2. To repair schoolhouses and furniture. Pages 48, 58. 3. To provide fuel, furniture, and other necessaries. Pages 48, 63. DISTRICT AND UNION SCHOOLS COMPARED 69 4. To build outhouses. Pages 47, 48, 64. (?>) Powers exercised in ordinary districts by tJie district meeting; in union free school districts by the board of education 1. To prescribe text-books. Pages 44, 55. 2. To purchase furniture. Pages 48, 57, 63. 3. To turn over the library to a public library. Page 49. 4. To fill vacancies in the board. Pages 29, 63. 5. To waive relationship of teacher to trustee. Page 34. (c) Powers exercised by boards of education that do not exist in ordinary districts. 1. To hold gifts and legacies. Page 58. 2. To remove members of the board. Pages 29, 64. 3. To appoint a superintendent. Pages 18, 64. 4. To publish an annual financial statement in a newspaper. Page 65. 5. To appoint visiting committees. Page 65. 6. To levy without vote of district a tax for contingent ex- penses. Pages 33, 47, 48, 56, 66 7. To appoint an attendance officer. Pages 43, 65. 8. To establish truant schools. Pages 43, 65. 9. To establish kindergartens. Pages 44, 67. (d) Powers of the school-meeting in union free school districts that do not exist in ordinary districts. 1. To provide free text-books. Pages 23, 55. 2. To vote a tax for a schoolhouse without limit or approval of commissioner. Pages 31, 57. 3. To establish an academical department. Page 59. 4. To raise money for evening drawing-schools. Page 67. 5. To establish separate schools for colored children. Pages 33, 66. (30) To make on. Aug. 1 of each year and deposit in the town clerk's office a report to the commis- sioner of all matters on which trustees are required to report (see page 49), and on such other matters as the superintendent may require (viii. 28 ; 769]. 70 NOBMAL SCHOOLS Nor*. Every union school la subject to the visitation of the iupertnton- dent, who has general supervision over the board of education and the management and conduct of the departments of Instruction. He may at any time require of the board a report upon any particular matter (vlil. 28). Wilful dlsodedience of any lawful requirement of the superintendent Is cause for removal (vlil. 29). Any person may appeal to the superintendent against the action of any special meeting or the order of a commissioner altering or dissolving a union free school district (viii. 41). NORMAL SCHOOLS New State normal schools are now established only by vote of the legislature. Local boards. The immediate supervision and management of each normal school, subject to the general supervision and direction of the superin- dent, is vested in its local board, the members of which are appointed by the superintendent for life, subject only to removal by the concurrent action of the superintendent and of the chancellor of the university of the State of New York. Management. These boards (a) make the rules and regulations ; (6) make annual reports to the leg- islature on Jan. 1 ; (c) prescribe the course of in- struction ; and (d") employ the teachers : their action being in all these matters subject to the approval of the superintendent. NOTB. The superintendent determines how many teachers shall be em- ployed, and their salaries. Course of Study. Normal schools must give in- struction (a) in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimu- lants, and narcotics (xv. 19) ; (6) in industrial and ACADEMIC DEPARTMENTS 71 free-hand drawing (xv. 21) ; (c) in vocal music (xv. 23) ; (d) in industrial training (xv. 27). They are entitled to receive from the American Museum of Natural History at least one illustrated lecture every year, and such appliances, plates, and apparatus as may be necessary for proper instruction in natural history (428:1886 ; 6:1893). Pupils. The statute provides for proportionate representation of the counties, but in practice any pupil in the State may select which normal school he will attend. They must be 16 years old, of good health and good moral character, and are admitted upon recommendation of a school com- missioner or city superintendent, approved by the superintendent ; and upon presenting either (1) tJie diploma of a college or univer- sity of a standard recognized by the department of public in- struction ; (2) a New York certificate, State, training class, or unu form 1st or 2d grade now in force. (3) Those not holding such credentials must pass special examinations in January, June, and August of each year. The subjects are the same as for a 3d grade certificate (see page 93), except that civil government is substi- tuted for school law. 75 # must be reached in all subjects, but the standing at two successive examinations may be combined. Partial standing obtained for a 1st or 2d grade, or training class certificate may be applied to this entrance examination on appli- cation to the department, if such standing was obtained during the current school year, or at the August examination if it was ob- tained during the previous school year. Expenses. Pupils are entitled to all the privileges of the school, free from charges for tuition, or for the use of books or apparatus. NOTE 1. Pupils not residents of the State must pay tuition, $40 a year. NOTE 2. -The pupil's railroad fare from home to the school one way each term is no longer paid by the State. NOTES. No pupils may be received into academic departments unless residents of the territory for the benefit of which the State has pledged It- self to maintain such department (143:1889). 72 INDIAN SCHOOLS NOTE. This applies to the schools which turned over academic property to the State on certain conditions. Tuition money received by normal schools may be used for current expenses (Chap. 492, laws of 1870). INDIAN SCHOOLS Management. These are in charge of the superin- tendent, who shall establish such schools as he thinks necessary, employ superintendents, and, with the concurrence of the comptroller and secretary of State, cause to be erected the necessary buildings (xv. 33). Public moneys. Indian children between 4 and 21 shall draw public money the same as white chil- dren, and such money must be exclusively devoted to their education (xv. 36). There shall also be an annual appropriation of $6,000 by the legislature (xv. 37). See page 10. INSTITUTIONS FOR THE DEAF AND DUMB, AND FOR THE BLIND. Management. These institutions are subject to the visitation of the superintendent (xv. 40). Admission. All deaf and dumb or blind persons, resident of this State for the three years preceding, upwards of 12 years of age, shall be eligible to appointment as State pupils to one of the institutions in this State. Such appointments are made by the superintendent, upon application under such con- ditions as to share of expense to be paid by parents, guardians, or friends as he may impose (xv. 41 ; 131-138}. CORNELL SCHOLARSHIPS 73 NOTE. Appointments to the Institution for the Blind in Batavia are not made by the superintendent. CORNELL SCHOLARSHIPS NOTE In bestowing upon Cornell University, as an endowment, the pub- lic lands granted this State by congress in 1863, the State reserved the privi- leges of free instruction to be given to a limited number of pupils from all parts of the State at such institution. Number. The institution shall annually receive students to the number of one from each assembly district in the State, free of tuition fees or incidental charges (xii. 1). NOTE. In case a candidate entitled to the scholarship by reason of highest standing in the examination should fail in his entrance examination at the university, should die, resign, be expelled, or vacate such scholarship in any way, either before or after entering, then the candidate next in excellence becomes entitled to it ; if there be no such candidate resident in the county, then the superintendent may appoint one from some other county (xii. 1. 5). How awarded. These scholarships shall be award- ed by competitive examination of candidates by the school commissioners and city superintendents of each county. These examinations shall occur at the court-house of each county on the first Saturday in June in each year. The questions are prepared by the department of Public Instruction and the examination papers handed in are to be forwarded there (xii. 1). NOTE 1. The questions from the beginning to 1892 are published in " The New York Question Book ", and in " Supplement No. 1 ", and " Supplement No. 2." NOTE 2. As it Is intended that this free instruction shall be a reward for superior scholarship in the public schools, none are eligible but those who have atte-ided some of the common schools or academies of the State at least 6 months of the year immediately preceeding the examination, and who are at least 16 Tears of age (xii. 1. 2). Children of those who have died 74 UNIVERSITY OP THE STATE OF NEW YORK in the military or naval service of the United States are to have preference (xii. 1. 7). NOTE 3. A student may in the discretion of the president of the univer- sity be granted leave of absence from his studies for the purpose of earning funds to defray his living expenses at school, and be allowed 6 years to complete the course (.xii. 1. 6). THE UNIVERSITY OF THE STATE OF NEW YORK NOTE. The present university law is chapter 378, of the laws of 1892. History. The university of the State of New York was created in 1784 under the name of " regents of the university of the State of New York ", as a branch of the State government. NOTE. The word " regent " was first used by the University of Paris, and signified a master qualified to teach. In the English universities the rule grew up that only those masteis actually teaching, the " regents " as distinguished from the non-regents, should have a right to vote in certain university assemblies, the regent combining the functions of teaching and of governing. New York put the name to a new use, making the regents not the teaching but the governing body. Sidney Sherwood's History, pages S56, 257. The objects of the university are to encourage and promote higher education ; to visit and inspect its several institutions and departments ; to distribute to or expend or administer for them, such property and funds as the State may appropriate therefor, or as the university may own or hold in trust or other- wise; etc. NOTE. In 1812 It started the movement that resulted in forming the system of public instruction ; in 1833 it established teachers' classes ; in 1864 it started its system of examinations ; and in 1892 it received exclusive power of granting charters to educational institutions in the State. It has published annual reports, which since 1835 have given educational statistics in great detail. In 1863 it established the university convocation, an annual meeting of teachers which has grown to be one of the most important in the country. In 1889 it took up the work of university extension. Extent. The university consists of all institutions OFFICERS 75 of education which are now or may hereafter be in- corporated in this State, and such other libraries, museums or other institutions for higher education as may, in conformity with the ordinances of the regents after official inspection, be admitted to or incorporated by the university. By the law of 1904, as interpreted by the regents and the commissioner of education, elementary as well as higher education is under control of the re- gents, and the commissioner is their executive offi- cer, and has the powers conferred by the University law upon the secretary (40:1904 ; see page 9). Government. The university is governed and its corporate powers exercised by 11 regents, elected each for 11 years by joint ballot of the legislature. NOTE 1. In case of the death, resignation, or removal from the State of any elective recent, his successor shall be chosen by the legislature in the manner provided bylaw for the election of senators in congress, except that the election may take place at any time during the session of the legis- lature as it may determine. NOTE 2. No person shall be at the same time a regent of the University and a trustee, president, principal, or any other officer of any institution, belonging to the university. Officers. The elective officers of the university are a chancellor, a vice-chancellor, and such other offi- cers as are either authorized by law, or deemed neces- sary by the regents, all of whom are chosen by bal- lot and, except the commissioner, whose term is 6 years, hold office during the pleasure of the regents. NOTE. No election, removal, or change of salary of an elective officer shall be made by less than ten votes in favor thereof. Each officer so elected shall, before entering on his duties, take and file with the secretary of state the oath of office required of State officers. Chancellor. The chancellor presides at all meet- ings of the regents, confers degrees they authorize, and fixes time and place of special meetings. 76 UNIVERSITY OP THE STATE OP NEW YORK NOTE. In his absence the vice-chancellor, or, if he be also absent, the senior regent present, performs the duties and has all the powers of the chancellor. Secretary. The secretary is responsible for the safe-keeping and proper use of the university seal, and of the books, records, and other property in charge of the regents, and for the proper administra- tion and discipline of its various offices and depart- ments. NOTE 1. He shall give bonds, to be approved by the chancellor, in writ- ing, in the penal sum of $10,000 for the faithful discharge of his duties. NOTE 2. He shall have power to appoint, subject to the confirmation of the chancellor, any other officer of the university as his deputy to exercise temporarily any specified powers of the secretary in his absence. Meetings. In addition to the annual meeting, the chancellor shall call a meeting as often as the busi- ness of the university requires, or if 5 regents ir writing so request. NOTE 1. At least 10 days notice of every meeting shall be given to each regent. If any regent shall fail to attend the meetings for one year without written excuse accepted as satisfactory by the regents, he shall be deemed to have resigned, and the regents shall report the vacancy to the legislature if in session, or at the opening of its next succeeding session, when the va- cancy must be filled. NOTE 2. For the transaction of business, 10 regents attending shall be a quorum ; but the regents may elect an executive committee of not less than 7, which in the interval between the meetings may transact such business of tho regents as they may authorize, except to grant or revoke charters, or grant honorary degrees. Degrees and diplomas. The regents may confer by diploma under their common seal such honorary degrees as they may deem proper, and may estab- lish examinations as to attainments in learning, and award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the re- quirements prescribed. CONTROL 77 Examinations. They shall establish in the acade- mies of the university, examinations in studies fur- nishing a suitable standard of graduation from the academies and of admission to colleges, and certifi- cates or diplomas shall be conferred on students who satisfactorily pass such examinations. NOTE 1. All the questions In arithmetic, geography, grammar, and spell- ing, up to June, 1892, are published with answers in a single volume called " The Kegents' Questions Complete, with Key ", price $2.00. No other ques- tions with answers have been published, but the questions alone for the preceding year may be had at any time in book form for 50 cts. NOTE 2. Any person shall be admitted to these academic examinations who shall conform to the rules and pay the fees prescribed by the regents, and said fees shall not exceed $1.00 for each academic branch and $5.00 for each higher branch in which the candidate is examined. Control. The university, including the State li- brary and the State museum, and such other depart- ments as the regents may establish, is under the control of the regents, who have all the powers of trustees, including full authority to appoint all needed officers and employes ; to fix their titles, duties, salaries and terms of service ; to make all needed regulations to buy, sell, exchange or receive by will, gift or on deposit articles or collections prop- erly pertaining thereto ; to maintain lectures con- nected with higher education in this State ; and to lend to or deposit permanently with other institu- tions books, specimens or other articles in their cus- tody which, because of being duplicates or for other reasons, will, in the judgment of the regents, be more useful in the said institutions than if retained in the original collections at Albany. 78 TKAINING CLASSES State publications. The regents have charge of the preparation, publication, and distribution, whether by sale, exchange or gift, of the colonial history, natural history, and all other State publications not otherwise assigned by law. To guard against the waste of destruction of State publications, and to provide for the completion of sets to be permanently preserved in American and foreign libraries, the regents maintain in the State library a duplicate department to which each State department, board, or bureau shall send not less than five copies of each of its publications when issued, and after completing its distribution, any remaining copies which it no longer requires. The above publications, with any other books and pamphlets not needed in the State library, constitute the duplicate department, and the rules for sale, exchange or distribution from it are fixed by the regents, who use all receipts from such exchanges or sales for the increase of the State library. TEACHERS' TRAINING CLASSES The present regulations for teachers' training classes (see pp. 62, 63) require that applications should be made to the Department by May 1, and show compliance with the following conditions : (a) To furnish an instructor or instructors of the class for not less (each day) than 3 recitation hours of 45 minutes each, a duly qualified teacher who is either (1) a college graduate with not less than 3 years' experience in teaching in the public schools of the State ; (2) a graduate of a normal school of this State from a higher course than the elementary course, so called, of at least 2 years' experience in teaching in the public schools of the State ; or (3) one holding a State certificate granted in this State upon examination subsequent to 1875. Such instructor or instructors must be approved by the State superintendent of public instruction, the same as are teachers em- ployed in the several normal schools of the State. (b) To furnish a room or apartment separate from all other departments of the school, in which the training class members shall be seated and no others, unless it may be the members of the graduating class of the current school year. (c) To furnish opportunity for the class or some members thereof each day to observe methods of teaching in the several grades of common school work, and, when practicable, actually to have an opportunity to teach in such grades under proper criticism and direction. TRAINING CLASSES 79 (d) To conduct the recitations in the several subjects belonging to the training class work separately and distinct from all other recitations in such subjects. (e) To maintain a legal class for at least 36 weeks in the year. (/) To observe implicitly the conditions of admission to membership in the class. Assignments are made with reference to such dis- tribution through the State as will accommodate the greatest number of candidates and provide the best equipment. One class a year is allowed, for not less than 36 weeks, of not less than 10 or more than 25 mem- bers. The compensation is $1.00 a week for each pupil ; but not more than $450 per term can be allowed to any one institution. No allowance is made (a) for pupils not shown by reports to have been eligible to enter the class, as explained below ; or (b) in the case of any pupil for 1st term for less than 16 or more than 18 consecutive weeks. (c) In report for 2d term, all pupils who were members of class for 1st term for less than 16 weeks and who remain in 2d term, will be allowed for all weeks of consecutive attendance during both terms, provided the total does not exceed 36 weeks. (d) In case of pupils who attend 1st term not less than 16 and not more than 18 weeks, and who continue in 2d term a less period than 16 weeks, allowance will be made for weeks attended in 2d term, provided the weeks of attendance in both terms have been consecutive. () No allowance will be made for any pupil who leaves the class before the expiration of the term, except by permission of the State superintend- ent, and no such permission will be granted during the year, simply in order that the candidate may teach. Admission of pupils. The following are the qual- ifications for admission of pupils to the class : (a) Candidates must be at least 17 years of age at the time of entrance. 80 TRAINING CLASSES (b) They must subscribe, in good faith, to t Tie following declara- tion: We, the subscribers, hereby declare that our object in asking admission to the training class is to prepare ourselves for teaching ; and that it is our purpose to engage in teaching in the public schools of the State of New York, at the completion of such preparation. We pledge ourselves to remain in the class during the year, unless prevented by illness, or else excused by the superintendent of public instruction. The principal and school commissioner must be satisfied that the candidates have the moral character, talents, and aptness necessary to success in teaching. (c) Before admission they must hold either (1) an unexpired 3d grade teacher's certificate and have attained an average standing of 60 per cent in civil government, under the uniform examina- tions ; or (2) & regents' preliminary certificate, together with 14 academic counts, 4 of which are in English, 2 in American history, 2 in civil government, 2 in physiology, and the other 4 optional. (d) Candidates entering an examination, in order to qualify for entrance to any training class, shall present to the examiner a cer- tificate from some reputable teacher, that in such teacher's judg- ment the candidate is capable of passing the examination and worthy to enter a training class. Such certificate shall be for- warded to the State superintendent's office with the answer papers of the candidate. Certificates. Special examinations for members of training classes are held in January and June, and those members who attain the standing required for certificates of the 2d grade receive certificates known as " Training class certificates ", valid for 3 years. See page 91. At the end of 3 years' successful teaching, this certificate is renewable, like 1st grade certificates. Payment for instruction will be refused m all cases where members of classes fail to enter the examinations provided, unless such failures are sat- isfactorily explained in the principal's report. TRAINING CLASSES IN CITIES 81* In cities. The following regulations for city train- ing-classes in cities were issued by the State superin- tendent April 6, 1896. Admission of pupils. (a) and (b) as on pp. 79, 80. (c) Before admission they must hold as a minimum qualification either (1) a diploma of graduation from a high school or an academy having a course of study approved by the State super- intendent (see page 60) ; or (2) a, diploma, from an institution of equal or higher rank approved by the same authority. (d) Graduates from institutions in the State of New York will be required to file with the local superintendent a certificate from the principal teacher of the institution where they were graduated, setting forth the fact of graduation at the completion of the required course. (e) Candidates from other States must present credentials of graduation from an institution having a course of study at least equivalent to the high school course of study prescribed in this State, and such credentials must be forwarded to the State super- intendent for approval. The school year is divided into 2 terms, but may not consist of more than 40 weeks. The compensation is $1.00 a week for each pupil ; but no allow- ance will be made for any pupil (a) not shown to be eligible, or (b) who leaves the class before the expiration of the term except by permission of the State superintendent. No pupil may be admitted after the report of organization has been forwarded. Four hours a day must be occupied in study or instruction, or in observation of model teaching, or in practice work. Two blank forms for notice of organization are furnished, and one must be forwarded to the department of public instruction at the end of the 3d week after the organization of the class, the other being filed with the local superintendent. A daily register will be furnished each class in which the daily attendance must be kept. The qualifications of each candidate must be entered in this register, and the credentials filed for inspection in the office of the local superintendent. {( plants \ naturestudy jamma* ( ........... physiology and hygiene 82* TRAINING CLASSES The minimum course of study, to be completed in not less than 450 hours, is as follows : 1. Psychology and principles of education ......................... 90 hours 2. History of education ............................................. 80 " 8. School management .............................................. 20 " 4. Methods in mathematics .......................................... 40 * 6. Methods in reading, spelling, and phonics ....................... 30 7. Methods in language, composition, and grammar. ............... 40 8. Methods in geography ............................................ 30 9. Methods in form study and drawing ............................. 40 10. History, civics, and school law ................................... 30 11. Physical culture, with methods .................................. 40 12. Methods in music ................................................. 20 At least 50 hours must be spent by each member of the class in practice teaching. Special examinations will on application be rar- nished by the department of public instruction, in order that the members of city training-classes may be eligible to appointment in the schools of this State outside of their own city, to begin on the 3d Thursday of January, and the 2d Wednesday of June. Members will be exempt from re-examina- tion in any subject in which they have attained 75 % at the last preceding examination, but will not be admitted to examination in any subject they have not regularly pursued in class. The members will not be allowed to enter any other uniform examina- tions during their course of study. Training-class certificates will be given to those who attain 75$ in the several subjects, when the local superintendent states that he deems the candi- dates worthy. These certificates are good for 3 years, and are renewable like uniform Ist-grades. TABULAR ANALYSIS PAGE BUP'T OF PUBLIC INSTRUCTION - 9 Election ..... 9 Appeals - ... 9 STATE SCHOOL MONEYS .... 9 How made up . - - 9 How apportioned by the superintendent - 10 How apportioned by commissioners - 10, 15 How distributed by the State and county treasurers - 11 How distributed by the siipervisor 12 SUPERVISOR - - - - - 12 Town school treasurer ... 13 Report to county treasurer - - 13 Failure to pay county tax ... 13 TOWN CLERK - - - 13 Records ..... 13 Reports of trustees - - - 13 Alteration of boundaries 14, 17 SCHOOL COMMISSIONER - - - -14 Election .... 14 Qualifications - - - . 14 Salary ..... 14 Removal - - - 15 Apportionment - - - . 10, 15 Visitation - - - 15 Condemnation of schoolhouses - - 15 Examination of teachers - 16 Annulment of licenses - - - 16 Teachers' classes - 16 Teachers' institutes - 16 District boundaries - - -17 (81) 82 SCHOOL LAW OF THE STATE OP NEW YORK PAGB Reports - - 18 CITY AND VILLAGE SUPERINTENDENTS 18 Limit of population - 18 DISTRICT MEETINGS ... 19 Time and place - 19 In districts of 300 children 19 Special meetings - - 20 Qualifications of voters - 20 Illegal voting ... 21 Powers of School Meeting - 22 Election of officers - 22 Sites and buildings - - - 23, 31, 32, 56 Purchase of apparatus - 23, 48 DISTRICT CLERK - 24 Duties - 24 Notices of election - 25 Penalties ... 25 DISTRICT COLLECTOR ... 25 Bond required ... 25 Vacancy ... 26 Delivery of warrant - - 26, 30, 32 Renewal of warrant - 26 Posting notices - 26 Compensation - - 26 Enforcement of tax levy - 27 May sell personal property but not real-estate 27 Money held in trust - - 27 Unpaid taxes - 28 TREASURER ... 28 TRUSTEES - 28 Number - - 28 Office how vacated - 29 Removal by superintendent - 29 Vacancies how filled - 29 May fill other vacancies - 30 Board meetings . . 30 TOPICAL ANALYSIS 83 PAGE Powers and duties 30 Make out tax-list - 30, 46 Limit to tax for building 31 Schoolhouses condemned - 32 Purchase or lease a schoolhouse site - 32, 56 Have custody of property 32 Employ teachers 33 Qualified teachers - 33, 46 Not limited by wishes of district - 33 Sole trustee may employ in advance - 33 Relationship a bar to employment 34 Make written contract with teachers - 34 Dismissal of teachers 35 The power to dismiss 36 Establish regulations and courses of study - 37, 55, 58 Attendance 37 Children of school age 37 Suspension and expulsion - 38 For tardiness 38 For absence 39 For non- vaccination - - 42 The compulsory law 43 Course of study 43, 55 Text-books - 44, 55 Changing text-books - 44 Religious exercises 44 Conduct of pupils 45 Give to teachers orders for their wages - 46 Payment of unqualified teacher - 33, 46 Outbuildings 47 Purchase of apparatus - 23, 48, 57 Libraries 48 Branch schools 49 Contracts with city schools - 49 Records 49 Payment to themselves 50 Reports - - 50 84 SCHOOL LAW OF THE STATE OF NEW YORK PAGE UNION FREE SCHOOLS 50 Establishment 50 Union meeting 51 Election of board of education 51 Change in number of members - 52 Dissolution 52 Notice to commissioner 53 Annual meeting - 54 Powers of a board of education - 54 Establish rules and regulations 55 Prescribe the course of study - 55 Prescribe the text books used - 55 Furnish to pupils if so voted - 55 Purchase sites and construct schoolhouses - 56 In villages and cities 56 In other union free school districts - 57 Purchase furniture and apparatus - 57 Keep schoolhouse and furniture in repair - 58 Have superintendence of school 58 Establish an academic department 59 Admission to the regents - 59 Employ teachers 63 Appoint a superintendent 64 Publish financial report - 65 Appoint truant officer 65 Cause instruction to be given in drawing and music 65 Establish kindergarten and manual training depart- ments 66 Open schools for colored children 66 Celebrate arbor day 66 Present estimate of money required - 67 Levy tax for expenses not provided for 68 DISTRICT AND UNION FREE SCHOOLS COMPARED 68 NORMAL SCHOOLS 70 Local boards 70 Management 70 Course of study - 70 TOPICAL ANALYSIS 85 PAGE Admission of pupils 71 Expenses of pupils - 71 Academic departments 71 INDIAN SCHOOLS - 72 Management . 72 Public moneys ... 73 INSTITUTIONS FOK THE DEAF AND DUMB, AND FOR THE BLIND 72 Management ... - 72 Admission 72 CORNELL SCHOLARSHIPS - 73 Number - 73 How awarded - 73 UNIVERSITY OK THE STATE OF NEW YORK 74 History - - - 74 Objects - 74 Extent of jurisdiction - - 74, 77 Government .... 75 Officers - 75 Chancellor ... 75 Secretary - - 76 Meetings - 76 Degrees and Diplomas - - 76 Examinations - 77 Control - 77 State Publications - 78 PART IT THE TEACHER THE TEACHER CHAPTER I THE TEACHER'S QUALIFICATION Necessity of a license. In most States of the Union no person can legally contract to teach in any pub- lic school unless he holds a certificate of qualifica- tion, granted by an authority established for this purpose by statute. (See pages 33, 105.) How licenses are obtained. No person can contract to teach or draw pay for teaching in the public schools of New York who is not legally qualified by holding an unexpired and unannulled certificate of one of these nine kinds (vii. 38) : a. A uniform certificate of the 1st, 2d, or 3d grades. 6. A training class certificate. c. A drawing certificate. d. A kindergarten certificate. e. A vocal music certificate. /. A college graduate's certificate. g. A State certificate. h. A normal diploma. i. A temporary license. a. Uniform certificates. These are granted upon examinations held by the school commissioners at stated times upon questions prepared and sent out (89) 90 THE TEACHER'S QUALIFICATION sealed by the Department of Public Instruction at Albany. The papers of candidates are forwarded to Albany, and there examined and marked by a board of examiners. Similar laws have been enacted in other States Ala. (1899, p. 217); Ind. ^1899:206). 3D GRADE. This certificate is open to persons without experi- ence. The subjects are (1) American history, (2) arithmetic, (3) composition, (4) geography, (5) grammar, (6) orthography , (7) pen- manship, (8) physiology and hygiene with questions upon the effects of narcotics and stimulants, (9) reading, (10) school law. See the table facing title-page. The candidate must reach 75 per cent in each subject. He need not pass the entire examination at one trial, but may obtain the required standing at any four successive trials within one year. The certificate will not be given till the candidate has made an engage- ment to teach approved by the commissioner, which must be within 6 months of the final examination. A commissioner refusing to grant a certificate to teach a large school to an applicant whom he considers competent to teach and govern a smaller school, will be sustained unless it clearly appears that he so decided from improper motives (D. 3597). If the candidate wishes to teach in another commissioner-district, the commissioner of the district in which the teacher was examined must upon requisition forward the standings to the commissioner in whose district the candidate wishes to teach. A teacher must attend the examinations in his own district or obtain permission of his commissioner to attend those in any other district; other- wise the certificate obtained in such other district need not be endorsed (D.4728). It is good for one year from the time it is issued. Only one 3d grade certificate will be granted to the same person. The next time he must secure at least a 2d grade. 2o GRADE. This certificate is open to those who have had at least ten weeks experience. The subjects, in addition to those for the 3d grade are (11) civil government, (12) current topics, (13) drawing, (14) methods and school economy. The candidate must reach 65 per cent in drawing, and 75 per cent in each of the other subjects. NEW YORK UNIFORM CERTIFICATES 91 Teachers who have earned 3d grade certificates will be exempt during, the time such certificates are valid from further examination in the 10 sub- jects, and by passing in the 4 additional subjects may receive a 2d grade certificate. They may obtain the required standing within 2 years from the date of the first examination they attend. The certificate must be issued within 6 months of the time of the final examination, and will be good throughout the State (D. 4888) for 3 years. Only one certificate of this grade is granted to the same person. The next time he must obtain a 1st grade. IST GRADE. This certificate Is open to persons who have taught at least 2 years. The subjects are in addition to those of the 3d and 2d grades, except reading, (15) algebra, (16) book-keeping, (17) physics, (18) advanced English, (19) history of education. The candidate must reach 65 per cent in drawing, and 75 per cent in each of the other subjects. Candidates who attain the required percentage in any of the subjects but not in all, will receive partial certificates ; and on passing in the remain- ing subjects at either or both the next two examinations will rece've full certificates. Those failing to obtain a 1st grade, but acquiring a standing sufficient for a 2d or 3d grade certificate, are entitled to such certificate. Persons who attain 90 per cent in each subject for the 2d grade certifi- cate will be exempt from examination for 1st grade certificates in the 14 subjects, and will be allowed 3 years in which to complete the examination in the other 5 subjects. Persons who have taught 5 years successfully on a 2d grade certificate in examination for 1st grade certificate will be exempt from examination in subjects on which they attained 75 per cent on their present 2d grade certificate. The certificate must be issued within 6 months of the final examination, and will be good throughout the State (D. 4888) for 10 years. If the holders have taught under them successfully 5 years, they may be renewed by any commissioner in the State for corresponding periods without examination. Endorsements. To be valid, certificates must be endorsed by the commissioner of the district in which the school is to be taught, but the possession of a 1st or 3d grade certificate is suf- ficient evidence of qualification to make a contract valid, since commissioners must endorse it unless there is valid reason to the contrary (D. 4888). With such reason he may refuse (D. 4743). b. Training-class certificate. This is open only to members of training-classes (see page 78). 92 THE TEACHER'S QUALIFICATION The subjects, in addition to those of the 3d grade certificates, include the history of education. The candidate must reach 75 per cent in every subject. The certificate is good for 3 years. It may be renewed without examination, like a 1st grade certificate. c. Drawing certificate. This certificate is open to persons (a) of one year's successful experience in public schools ; or (6) who have had one year's work in professional training in a New York State normal school or training-class. The candidate must reach the standing required for a 3 grade certificate. The certificate is good for 3 years, and is renewable like 1st grades. It entitles its holder to teach drawing only. The subjects are those of a 3d grade certificate, and a special examination in drawing, to be held on the day before. d. Kindergarten certificate. This certificate is open to those who have had one year's professional training in kindergarten work in a New York State normal school or training-class. The subjects are methods, school economy, history of educa- tion, art of questioning, and kindergarten work. The candidate must reach 75 per cent in each subject. The certificate is good for 3 years, and is renewable like 1st grades. It entitles the holder to teach in a kindergarten only. e. Vocal music certificate. This certificate is open to candidates who establish to the satisfaction of the State superintendent that they are qualified to teach vocal music. It is issued for 3 years, and is renewable like 1st grades. It entitles the holder to teach music only. These regulations for special certificates in drawing, kinder- garten, and vocal music went into effect Jan 1, 1896. Previously New York had required regular certificates of all special teachers (xv. 24). though in many other States distinctions have been made in their favor. NEW YORK UNIFORM CERTIFICATES 93 Thus N. J. (139) requires of special teachers examination only in the subject to be taught; Wash. (42) and Colo. (44) exempt specialists in music, languages, drawing and painting; S. Dak. (12) adds to these teachers of book-keeping and kindergarten; and Utah (12) says that teachers of special subjects may be paid though they hold no certificates. f. College graduate certificate. This may be granted by the State superintendent to college graduates of three years successful experience. To be eligible the candidate must first have secured by examination a 3d-grade uniform certificate. A graduate of an approved college who has completed an ap- proved pedagogical course will on certificate from the proper col- lege authority receive a college graduate professional certificate valid for three years. During this period his work will be in- spected, and if it be satisfactory the certificate will be made permanent. To meet the requirements of the statute relating to the pro- fessional training of teachers and the regulations of the depart- ment, established in accordance therewith, a college or university organizing a teachers' training department must comply with the following conditions : (a) Establish a regular chair of pedagogy; (b) adopt a profes- sional course of study approved by the State superintendent; (c) furnish at the beginning of each year a list of the students regis- tered for this course, and at the close of the year a report of the year's work. The course must include during the last 2 years 30 hours in logic, 40 in history of education, 60 in psychology, and 120 in philosophy and princi- ples of education. Before entering upon the course students must pass an elementary ex- ination in arithmetic, algebra, American history, civics, geography, physi- ology, physics, grammar, English composition, and orthography, attaining 75* in each subject. Where equity demands it, students may be allowed to take this examin- ation after entering upon their professional study. g. State certificate. This certificate is open to persons of at least two years experience. The subjects (see table opposite title page), in addition to those for 1st grade, are (20) analysis (grammatical), (21) astronomy, (22) botany, (23) chemistry, (24) geology, (25) general history, (26) 94 THE TEACHER'S QUALIFICATION geometry (plane), (27) literature, (28) philosophy of education, (29) rhetoric, (80) zoology. The ability to read easy (31) French or (32) German at sight, or (33) Latin though three books of Caesar, will be accepted in place of astronomy or zoology. The candidate must reach 75 per cent in the subjects italicized, and an average of 75 per cent in the rest, but no paper marked less than 50 per cent will be considered in this average. A candidate who passes in any 5 subjects, except orthography and pen- manship, but not in all, will receive a partial certificate for those in which he has passed, and on passing the rest at either or both the next two exam- inations will receive a full certificate. Within five years of issue, these par- tial certificates will be recognized by commissioners ill the subjects in which the candidate has attained 75 per cent. The certificate is good for life. The examination papers for all the Uniform and State exam- inations that have been held are published in book-form in vari- ous editions, and may be had from the publisher of this volume. h. Normal diploma. In New York the diploma of a State normal school (see pages 70-72) is a life certificate to teach in this State. This is not the practice in most other States. i. Temporary licenses. In addition to the fore- going certificates, the State superintendent of public instruction will, in his discretion, issue temporary licenses for a time not exceeding 6 mouths, but only in cases in which public convenience absolutely requires it, and then only upon the recommenda- tion of the school commissioner having jurisdiction. No temporary license will be granted unless satisfactory evi- dence is furnished that the candidate is qualified, and sufficient reasons are given why the candidate is not the holder of a regular certificate. Certificates of other States. The New York law permits the State superintendent to endorse the cer- LICENSES ONLY UPON EXAMINATION 95 tificates of other States, and the Department will endorse life certificates and normal diplomas from States which endorse New York certificates, and which maintain standards corresDonding with those of New York. It has hitherto declined to endorse limited certificates, but may consider limited certificates from States which endorse our 1st grade certificates. 8. B. xxi. 168. Comparatively few States have thus far Riven power to endorse certifi- cates from other States. Ks., Mich., N. J., Ore., Tenn., Vt, Wash., Wis., now permit this ; and Neb. endorses normal diplomas. Examination a requisite. It will be observed that in New York all licenses now depend upon examin- ation, and this rule is becoming universal in all States. In the few States where the employing authority is still also the licens- ing authority a formal examination is sometimes waived, as the employment of the teacher is in itself an evidence that the licensing authority has decided that he is competent to teach. K. I. (256). The tendency is also to trust less and less to the general impression of the examiners and depend more and more on fixed requirements. The uniform examinations of New York, where the same questions, prepared from a central office, are used simultaneously all over the State, and papers examined at the central office, have set an example which is bearing influence in all directions, and in some States is already followed. In many States teaching is limited to those subjects in which the candi- date has been examined. La. (8, 35), Pa. v!35), Va. (89), Nev. (20). In some the wages are made dependent on the grade of the certificate. See page 119. Some States impose special penalties in the law against those who shall be dishonest in the examination. Thus, in Ky. (35) and in So. Dak. (4), any person who unlawfully obtains, or attempts to obtain, or sells, barters or gives away to an applicant for a certificate, or any other person any ques- tion or questions prepared or sent out by the State board of examiners, is guilty of misdemeanor, and must be fined not less than 850 nor more than $100 ; and in Fla. ("20), any person or persons who are found guilty of secur- ing or attempting to secure the prepared questions, or who furnish the pro- 96 THE TEACHER'S QUALIFICATION pared questions to any teacher or other person in any other way than pre- scribed, are debarred from teaching a school or from holding any school office in the State. Further requirements. While examination is com- monly the first step toward obtaining a license, it does not of itself entitle a candidate to a license. It is sufficient proof of scholarship ; but the examin- ing-officer is required to satisfy himself also that the candidate is personally a fit person to be a teacher, and he must refuse a license unless the evidence on this point is satisfactory to him. A commissioner is justified in withholding a certificate to teach from any applicant, where Tie is satisfied that evidence of good character does not appear. * * * It must be borne in mind that the commissioner is the servant of the people, pledged to protect their interests and rights in matters pertaining to the education of their children, and he has no right to imperil these interests by legalizing the presence and labors amongst them of a person concerning whose moral remitation there is a doubt. (D. 4202, 3750), Pa. (241). But renewal cannot be refused for saying to a pupil, " If you do not stop your monkeying, I will heat a poker red-hot and pass it down your back," If on the whole a successful school has been conducted (D. 3614). It is obvious that a teacher might have the necessary literary acquire- ments and capacity to govern, and be a person of good moral character, and yet be an unfit person for the services required. A teacher might have per- sonal habits or manners so offensive as to make his influence upon the scholars injurious. He might be too severe in his requirements ; inclined to devote too much time to the older or better scholars, at the expense of the younger or more ignorant ; a person of strong prejudice ; a decided partisan and propagandist in politics or religion; unskilful in imparting knowledge, or unable to appreciate the difflulties of beginners ; and still be a person of sound morals, great learning, and undoubted capacity to govern. Yet all these considerations might very properly be regarded in considering " his qualifications for teaching " 1. See R. I. (249). The following principles laid down in the Ky. Report for 1878, p. 180, will always be of much weight : 1178. FURTHER REQUIREMENTS 97 The qualification required of a candidate is to teach the elements of a plain English education. It is not unfrequently the case that a candidate may be thoroughly versed in certain branches, and yet be void of all apti- tude to impart instruction and draw out mind [sic]. The board in grading a certificate, should therefore address itself more to the teaching capacity of an applicant than to the amount of knowledge he may possess. The art of teaching being of so great importance, the examiners should value highly a habit of inquiry into the best modes of instruction. If the candidate has read and is familiar with the best treatises on pedagogics, and is a sub- scriber to a school journal, these facts should add at least 20 per cent to the merit of an examination, and also help to determine the class and grade of a certificate, In this matter the law leaves much to the dis- cretion of the licensing officer, but it does not per- mit him to refuse a license out of malice or ill-will 1 . It has been decided that in such a case the teacher may recover damages at law ; nor is he compelled in order to show malice on the part of the officer to prove personal malice or ill- will, for if the officer acted rashly, wickedly, or wantonly in refusing the license, the jury may find malice 8 . The New York law requires the commissioner to inquire into the moral fitness and capacity of can- didates before granting them certificates of qualifi- cation (p. 16), and a commissioner is under no obli- gation to give a reason for not granting a certificate (D. 3817). All the reasons that justify the annulling of a license (see pages 99-104) still more justify the with- holding of a license. The Ark. School Law (36) forbids granting a certificate to a teacher who does not believe in the existence of a supreme being, and the R. I. Law (307) says : While a committee should not endeavor to inquire into the peculiar religious or sectarian opinions of a teacher, and should not entertain any 1 88, 115. 2 30, 36. 98 THE TEACHER'S QUALIFICATION preferences for or prejudices founded on any such grounds, they ought without hesitation to reject every person who is in the habit of ridiculing, deriding, or scoffing at religion. But some States warn against any reference to religion. Ariz. (27), Wy. (35). The teacher may appeal. In New York, the proper appeal is to the State superintendent. See page 135. The courts cannot compel the licensing officer to grant a certificate 1, but they may compel him to act upon an application for one 2, and if he acts from corrupt motives he may be held to have acted maliciously. Restriction upon city and milage teachers*. In cities and in villages employing a superintendent (see page 18) (a)primary and grammar teachers must either (1) hold a New York State or college graduate certificate or normal diploma; or (2) have had 3 years successful experience and a valid certificate; or (3) have gradu- ated from high school, academy, or institution of like rank, and subsequently from a training-class (see page 78). The city may require additional qualifications, but one of these three must be insisted on. A normal diploma from another State will be sufficient, when the course has been approved by the State superintendent. The high school, academy, or institution of like rank must have a course of study approved by the State superintendent and the training class must have a course of study of not less than 38 weeks, also approved by the State superintendent. For his requirements, see pages 60, 78. (b) High school teachers* are not subject to these restrictions, the only requirement being that they hold some valid form of license. Licenses may be annulled in New York for lack of : (a) Moral character ; (b) learning ; (c) ability to manage the school : (d) attendance at institute ; (e) keeping engagement to teach. A certificate once obtained is m New York conclusive evidence of scholarship (D. 4268). 1 36. 2 97, 43 la. 592, 37 Conn. 103, 23 Neb. 655. N. W. Rep., N. S. ii. 1009; High's Extraordinary Legal Remedies 24, 34. 43. 3 By chap. 1031, laws of 1895. 4 See circular of State superintendent going into effect Aug. 1, 1901, afterwards rescinded. ANNULLING OP LICENSES 99 a. Moral character. In New York any form of certificate may be annulled by the commissioner (v. 13.6) or by the State superintendent (i. 11) upon satisfactory evidence against the moral character of the holder. See page 16. This is justly regarded as a severe, almost a dis- astrous punishment, and in all States precaution is taken to guard the teacher against injustice. Thus : (1) ONLY PRESENT OFFENCES CONSIDERED. A certificate may not be annulled for moral delinquencies known at the time of issu- ing tJie certijkate, where no subsequent bad conduct of the kind is known to have occurred. On the other hand it may be annulled for any cause which if known at the time of issuing the certificate would have been sufficient ground for Withholding it. Mont. (50), Neb. 46), N. D. (58, 60), Ore. (69), S. D. (7). (2; THE TEACHER MUST HAVE NOTICE, and opportunity to de- fend himself (v. 13.6); R. I. (251). The notice should be at least 10 days l . The respondent must have opportunity to defend, to confront, and to cross-examine the witnesses against him (D. 3510). In some States, where the offence comes under the personal observation of the commissioner, as where a teacher writes to the commissioner a scur- rilous and obscene letter (D. 3SW8), no notice is required. S. D. (60). (3) THE CHARGES MUST BE DEFINITE AND SPECIFIC ; if Of an immoral habit, one or more instances must be specified. No general charge of immoral character will be sufficient to put a per- son on the defensive. The charges should specify immoral acts of the teacher and should be drawn with as much care and distinctness as an in- dictment, so that she may know just what she must meet (D. 3510). (4) THE OFFENCE MUST BE SERIOUS, so as to make the teacher's presence dangerous to the well-being of the school. In New York it has been decided that though intemperance is a sufficient charge (D. 1942), the annulment may be withheld where there is fair hope of reform (D. 1907. See Ala. [31] ; Ohio [139] ). A single profane expletive ut- tered out of school and under sudden provocation would not warrant annulment (D. 2003). 100 THE TEACHER'S QUALIFICATION In New York a certificate may not be annulled because the teacher does not pay his debts (D. 3686), though in 1877 the State superintendent of Wisconsin decided otherwise. But the State superintendent will annul any certificate for frequenting saloons and disorderly houses (D. 3863), for advertising pictures supposed to be obscene (D. 3866), and for inflicting cruel punishment (D. 3863). All States authorize the revocation of certificates for unmoral conduct. Ha. (23, 38) specifies " proven guilty of any gross immorality ". Cal. (31) and Ore. (14) add " for unprofessional conduct " ; N. C. (43) adds " or other con- duct unbecoming a teacher " ; Pa. (341, 248) and Ga. (21) add "cruelty" ; S. D. (10) and Mont. (50) add "intemperance, cruelty, crime against the law ", and Ga. (21) and Ohio (.129) name " intemperance, habitual profanity, dis- honesty, larcency, and other violations of law ". Arizona (27) says : ' Any teacher who shall use any sectarian or denom- inational book or teach any sectarian doctrine, or conduct any religious ex- ercises in his school, or who shall fail to comply with any of the provisions mentioned in section 89 of this act, shall be deemed guilty of unprofessional conduct, and it shall be the duty of the proper authority to revoke his or her certificate or diploma." Compare Ark. (36), R. I. (307). See page 97. Immorality in the teacher is so serious a menace to the community, that when he knows of it the commissioner should take action immediately ; he need not wait for charges to be preferred. If a county superintendent knows a teacher to be immoral, or to be guilty of any offence which would justify a county board of examiners in withholding a certificate from him, the county superintendent should revoke the certificate of the teacher, even though no formal charges are preferred against him. In other words the county superintendent has the right, and it is his duty as a protector of the people from imposition, to make the charge himself, if it is not made by others. Wash. (132). b. Deficiency in learning. In New York, com- missioners have no longer the right as formerly (D. 2194) to annul certificates for deficiency in learning, or to re-examine a candidate holding a certificate. The State superintendent may however annul a certificate for any cause (i. 11). But see 21 Barb. 252. ANNULLING OP LICENSES 101 Since June 30, 1894, the school commissioners in the State have no power under the school law to re-examine any teacher holding a prede- cessor's certificate, and if he find him deficient in ability or learning, to annul his certificate (D. 4268). In Minn. (61), a superintendent may cite for re-examination any person holding a license and under contract to teach, and if satisfied that the teacher is not of good moral character or has not sufficient learning or ability, may revoke the license, whereupon the teacher's contract becomes void. c. Ability to manage a school. Certificates may be annulled for deficiency in ability to manage the school. In New York, commissioners no longer have the power to annul certificates for this cause (D. 4268) ; but upon cause shown to his satisfaction, the State superintendent may annul any cer- tificate of qualification to a teacher by a school commissioner, or declare any diploma issued by a State normal school ineffective and null as a qualification to teach a common school within this State, and he may reconsider and reverse his action in any such matter (i. 11). The State superintendent writes tp the author of this volume on March 9, 1896, " I am of the opinion that the power conferred upon school com- missioners to annul a teacher's certificate is tnat contained in subdivision 6 of section 13 of title 5 of the consolidated school law. * * * I do not think this power extends to any other case except a charge of immoral conduct." Hence the quickest remedy against an inefficient teacher is now probably to break the contract by dismissing him (see page 124), and let the teacher appeal if he choose to the State superin- tendent. But direct appeal may be made to the superintendent (see page 132) to annul the teacher's certificate, and if the superin- tendent does so the contract is at once terminated. See page 107. In this matter the Department will doubtless be governed by the same principles that were enunciated in its decisions while commissioners had this power, and we give some of the more significant, with corresponding decisions in other States. On Dec. 28, 1886, Commissioner Perrin A. Strough revoked the license of Jessica Wells, teaching in No. 6, Cape Vincent 102 THE TEACHER'S QUALIFICATION after an examination at which the teacher and her counsel were present. There was no charge against her character, but it was claimed that she neglected her classes and was faulty in her methods. But two weeks before the commissioner had visited her school and had written in the register, "lam well pleased with all the school work, and believe that if the teacher had the hearty co-operation and support of the parents, this would be a term of school marked with more progress than any school I ever visited here." The annulment of a license is not to be resorted to for the purpose of removing a teacher from the school because people in the district are dissatisfied with her. Moral delinquency, or a deliberate infraction of school laws, or the wilful defiance of the proper suggestions or directions of supervisory officers, or utter inability to follow them, may be sufficient ground for annulling licenses, but nothing less grave than this is (D. 3572). See pages 134 to 134. The action of a school commissioner revoking a teacher's license sus- tained, when the holder while teaching had engaged in other pursuits, and in consequence neglected his work in the school, and where it became appar- ent that the teacher had lost all interest in his work, had become lax in discipline, and had neglected to preserve order in the school. (D. 3886) Pa. (248) ; N. D. (60) ; S. D. (10) ; Ga. (21) ; Neb. (46) ; La. (6). The annulment may be effected without notice, if determined upon at a personal visit, but only when the result of positive observation, Fla. (19), and not through malice and wantonly 1 . Inability to maintain order is sufficient cause, but specially adverse circumstances must receive consideration (D. 1982). Certificates may be annulled for unnecessary and cruel punishment, but not for choking or severe blows where resistance is encountered. But certificates may not be annulled on account of personal ill-will toward the teacher in the district. See above. See also Wis. Jour, of EcTn, 1876, p. 296. It appears hardly proper that a highly successful teacher, long believed to be excellently qualified, should be forced to abandon her chosen profes- sion in which she has advantageously labored twenty years on the strength of an opinion based on a fifteen minutes' observation of her school (D. 2480). Frank F. Gray, teaching the village school of Wellsburg, received on December 7, 1886, a notice from Commissioner Nichols that he should annul l 86. ANNULLING OF LICENSES 103 his certificate December 18 for " want of sufficient ability to teach ". There had been dissensions in the district but " the assurances of prominent citi- zens of the locality whose credibility is undoubted, go to show that he is a man of sufficient general ability to teach school successfully, and. I have no doubt, will do so if he can have the general good will of the community. No one can succeed without this. There is little reason to believe that the work of a teacher who might succeed him would have more cordial or general support than his work has." The order annulling the certificate is revoked (D. 3959.) Among specifications of other States under this head Ariz. (4, 14), and Cal. (31), name evident unfitness, and Ohio (129), manifest incompetency ; which last word is used by Ga. (21), La. (4), Mont. (8), Neb. (45), N. J. (10), Pa. (241,248), S. D. (10), etc. Fla. (23. 3S> says "when the holder proves to be unsuccessful, incompetent ; ' and R. I. (251), " for failure properly to instruct and govern." d. Attendance at institute. Wilful failure on the part of a teacher to attend a teachers' institute as required, is sufficient cause for the revocation of a teacher's license (x.6). Most States have a similar provision. La. (33), Neb. (53), Ore. (73), S. D. (10), Utah (12), Vt (15), Wash. (129), etc. e. Keeping engagements. Any failure on the part of a teacher to complete an agreement to teach a term of school without good reason therefor, is deemed sufficient ground for the revocation of the teacher's certificate (yii. 47.9). See page 103. Mont. (45) suspends the certificate for 6 months, or one year, and Cal. (27) for one year. In Vt. it has been decided that a teacher who contracts to teach for a definite time and gives up the school without just cause can- not sustain an action for such services as were rendered 1 . Yarious derelictions. Some offences that have been specified as warranting the annulment of a certificate are as follows : 1 400,405. 104 THE TEACHER'S QUALIFICATION In New York falsification of the register of attendance (D. 3853^) ; in Mont. (50), N. D. (60), refusal to perform his duty ; in Va. (93) closing school on a school day ; in Kan. (9) failure to pay reasonable attention to the suggestions of the county superin- tendent. Va. (88) and R. I. (225) say that certificates will be liable to revocation "for good cause", and N. C. (43, 44) authorizes the county superintendent, with the approval of the chairman of the board of education, to revoke a certificate " for the same cause or other causes damaging to the school interests and satisfactory to himself ". The teacher's defence. In regard to this as to other acts of school officers by which he feels him- self aggrieved, the teacher may appeal to the State superintendent, whose decision is final. See page 135. MAKING THE CONTRACT Prerequisites. To enter into a legal contract to teach, the applicant must possess the following qualifications : a. He must hold a valid license to teach. b. He must be of the required age. c. He must not be a relative of the trustees. a. Necessity of a license. The applicant must hold a valid license to teach 1 . See pages 33, 89. This restriction does not apply to superintendents of schools^ (see page 18) ; though Pa. (224) makes the same requirements of city or borough as of county superintendents. It applies to teachers of evening schools (Pa. [329] ), and to substitutes (W. Va. [26] ), though Utah (12) permits substitutes for a day or two to teach without certificates. See page 129. (1) THE POSSESSION OF THE CERTIFICATE is SUFFICIENT EVI- DENCE OF QUALIFICATION ; no one has the right to urge against the teacher that his certificate is improperly granted 3 . (2) THE TEACHER MUST HOLD THE LICENSE AT THE TIME THE CONTRACT IS MADE (D. 3670). Some States explicitly require the candidate to exhibit the license to the trustees 4. It is not sufficient that this certificate be obtained after the contract is made, even if it be antedated, for " a teacher's certifi- cate must bear the same date as the examination, and cannot legally bear any other" 5 . Ks. (65) ; Minn. (41). 1 30, 31, 34, a r >, 42, 45, 48, 53, 56, 63, 68, 75, 79, 81, 84, 103, 144, 148, 219, 221, 222, 377, 395, 399. But see 255, 309, 331, 408, 418, 419, 2 216. 3 a3, 47, 70, 251, a50, 397, 414, 4 5, 30. 81, 3.\ 48. 53, 56. 5 16, 31, 48, 53, 79, 81, 145. 219, 221, 309. But see 69, 397, 402, 406, 418. (105) 106 MAKING THE CONTRACT Of course this restriction as to dating does not apply to the subsequent dating of certificates In New York. See p. 90. In Vt. it has been held that wages could be collected for teaching under an antedated certificate 1. Compare on page 107. la some States, this does not render Invalid a contract of employment entered into with a teacher before he obtains a cer- tificate, provided Tie obtains it before he begins to teach*. Ariz. (25) ; Col. (43) ; Fla. (59) ; Neb. (38) ; Ohio (130) ; R. I. (222). An Ohio court 8 ruled : The law forbids the employment of a teacher who has not a certificate. The teacher is not employed within the meaning and intent of this provis- ion until he engages in the discharge of his duties as teacher. The mischief intended to be guarded against was the teaching of a school by an incom- petent person, and not the making of a contract by an incompetent person. In Iowa, the State superintendent decided, Dec. 21, 1887, that a teacher may legally contract with a board before receiving a certificate of qualifi- cation. However, she may not begin teaching without said certificate. S. B. xiv. 83. In Vt. it has even been held that the law is satisfied if the teacher obtains a contract on the evening of the first day of school* ; and that If a person begins to teach without a certificate and continues to teach after obtaining one, he is considered to have made a new contract, beginning at the time when the certificate was obtained, and having the same terras as the one under which teaching was begun 6. In Minn, a person began teaching under a contract. He taught three weeks ; then obtained a certificate and made a written contract to run three months from the time he began teaching. Held that he was entitled to wages after the certificate was obtained, but to no pay for the previous three weeks . In 111., a certificate was not obtained till the middle of the term. A new contract was entered into at that time to pay the teacher double wages for the rest of the term. This was considered an attempt to do indirectly what there was no power to do directly ; and therefore the contract was held void ?. In Mo. it has been held that under a statute requiring the teacher to produce a license before employment, the spirit of the law was complied with if the commissioner did not renew an expired license in presence of the trustees, in writing, but declared the teacher competent and gave his sanc- tion to his going on with the school. * (3) THE LICENSE MUST EXTEND OVER THE WHOLE PERIOD FOR WHICH THE CONTRACT is MADE*. Ga. (21), la. (55), Minn. (41), (D. 4002, 3734). 1 418. See 16. * 402. 337. 402, 419. 5 419. 220. i 44. See also 31, 35, 48, 53 ; but 413. 222. 318. NECESSITY OF A LICENSE 107 It has been held that a teacher may be discharged If he cannot produce his. license, the fact not being considered that one has been granted which has miscarried or otherwise been lost 1. But usually the teacher may show that he was entitled to a certificate, if it is withheld by inadvertence 2. Some States are very liberal in this respect. In Vt. it has been held that where a teacher taught 5 weeks before his license expired and 6 weeks after- ward without a new certificate, she should recover for the entire 11 weeks a. In Colo. (44) if the license expire within a month of the end of the term, he may finish the term without a new certificate ; and Id. (27), N. D. (61) ; and Utah (12) extend this time to six weeks. Of course the annulment of a license (see page 98) immediately termin- ates the contract, even though it be plainly illegal and an immediate appeal be taken (D. 2145). Ark. (37). (4) AN UNLICENSED TEACHEK CAN DRAW NO PAY FOB HIS 8EBVICES 4 . It has been held that the licensing-offlcer may not procure a mandamus to prevent an unlicensed teacher from teaching 5. But any tax-payer may enjoin payment to such a teacher . A trustee who pays public money to an unqualified teacher commits a misdemeanor 7 (ii. 15 ; vii. 39, 40). The teacher may however enforce the contract against the trustee or trustees consenting to such employment as individuals (vii. 47.9). There is even a provision in the New York law that the State superin- tendent may upon recommendation of the commissioner direct that certain money shall be paid in satisfaction of wages earned by unqualified teachers (ii. 8). In Mich, it has been held that necessities may arise where an unqualified teacher cannot be procured, in which case district but not State moneys may be applied to this purpose. (5) AN UNLICENSED TEACHER MAY NOT EVEN TEACH WITHOUT PAY 9 (D. 3854). (6) AN UNLICENSED TEACHER IS LIABLE FOR ACTION FOB AS- SAULT AND BATTERY IF HE RESORTS TO THE SLIGHTEST COBPO- RAL PUNISHMENT. The teacher's authority comes from his license. Horace Mann held that in such a case the teacher could be effectively defended : On the other hand, some incline to the opinion that a teacher without a certificate, though not in law a teacher, yet is so in fact ; and while the 15. 406, 423. = 412, 419. * 44. 75. 84, 254, 331, 397, 402, 406. 8 108, 364, 4. 1 877. * 214. 75. 108 MAKING THE CONTRACT actual relation of teacher and pupil subsists, all the legal powers of a teach- er attach to this relation, and may therefore be exercised by them. If a school kept by a teacher without a certificate is not a public school, then it must be a private school ; and the teacher of a private school has as clear a right to inflict punishment, in exigencies that require it, as any other teacher, or as any parent. 10th Mass. Report, p. 169. The courts have taken this view 1 . Sup't Morrison decided (S. B. xii. 62) that the law does not prohibit one pupil from instructing others, but this could not be allowed as a substitute for an adequate teaching force. If a school is too large for the teacher, the trustee should provide an additional teacher. b. Required age. In New York the teacher must be at least 18 years old. The minimum age-limit is now (1896) 16 in Id.; 17in Mich. and S.D.; 18 in Ariz.,f!al., N. J., N. D., Utah, Va., etc. In Md. it is 18 for women and 19 for men. Several States exact higher minimums for certificates above the lowest grades. c. Relationship. The applicant must not be re- lated to the trustee, or to any one of the trustees (vii. 47.9). See page 34. Of course the trustee cannot hire himself 2 . See page 34 (vii. 47.9 ; D. 1665, 1753, 1803, 2114). Ark. (114) ; N. J. (20). Pa. (221) ; Va. (97). This prohibition cannot be evaded by the trustee's delegating the hiring to his associates (D. 1825, 2217) or to the principal of the school (D. 2081). But the hiring of a teacher who is related to the trustee within the pro- hibited degrees without the requisite consent of the voters at a district meeting being previously secured, is secured by subsequent action of the voters by a two-thirds vote approving of such employment. The trustee, the teacher, and their relatives, if qualified voters of the district, are entitled to vote upon such a question (D. 3758). Nor can he hire the school commissioner. See page 14. Md. (17) ; Mont. (32) ; R. I. (66) ; Wis. (74j. Minors. In most States a contract with a minor is binding upon the district but not upon the teach- er, who as a minor may decline to fulfil the contract, 1 360. 968, 401. 2 136, 431. RESTRICTIONS 109 or having taught for a time may decline to teach longer 1 (D. 2294). In New York, however, failure on the part of the teacher to complete a contract without good reason is sufficient reason for revoking his certificate. See page 103. The laxity of the law toward minors is intended for their exclusive benefit in protecting them from the frauds and deceptions which, owing to their weakness and inexperience, others of riper years might be enabled to practise upon them. The teacher's wages must be paid to him, and not to his par- ent or guardian even though he is a minor 8 . See page 120. Married women. At common law married women are disabled from making such contracts, but in New York and most other States the right to make contracts and receive wages is given them by statute. Members of religious orders. Pa. (133) for- bids any one while in th,e performance of duty as a teacher to wear any dress, mark, emblem, or insig- nia indicating that the person is a member or ad- herent of any religious order, sect, or denomination. The N. J. legislature of 1896 rejected a similar law. In New York it is held that wearing an unusual and distinctive garb, one used exclusively by members of a certain religious sect, and for the purpose of indicating membership in that sect, by public school teachers, constitutes a sectarian influence prejudicial to the interests of the public school system and must not be persisted in. Pupils in a common school should not be permitted to address the teachers by an assumed religious name, as Sister Mary or Sis- ter Martha, but by their family name with the prefix, Mr , Mrs., or Miss, as the case may be (D. 3520). See page 45. * 147, 165, 290, 885, 396, 422, 434, 439. * 1, 109, 105, 147, 164, 165, 166, 195, 290. 304, 896, 443. 9ee 415. 110 MAKING THE CONTRACT Restrictions upon city and village teachers. See page 98. With whom the contract is jnade. Every district in New York, not a union free school district has either one trustee, or three, or (temporarily) two. See page 22. a. If there be but one trustee, it is only necessary that the contract be clearly understood and definitely expressed in writing. See page 113. In New York, school trustees exercise authority almost unlim- ited. They must hire somebody for 32 weeks, and they may not hire a teacher for less than 10 weeks ; but they may disregard the unanimous vote of the district as to the time of opening or closing school (D. 1976), the number of teachers (D. 4005), the sex of the teacher 1 (D. 1677, R. I. [210]), the wages paid (D. 1864), the conditions of the contract (D. 1738, 1831), and the in- dividual selected' (vii. 47.9 ; [D. 1665, 1753, 1803, 2114] ; Mich. [91], R. I. [21]). See page 33. Where there is a dispute as to who is elected trustee, a teacher who en- ters upon a contract with the person who assumes the office of trustee with some color of right, and who begins work as a teacher, can collect his wages under the contract, even if forcibly prevented from completing his work. It is not necessary for the teacher to wait till the dispute is over before be- ginning school work s (D. 3586). b. If there be three trustees, the law explicitly requires that the contract be made by a majority ; and at a meeting of which all three have been noti- fied 4 (D. 3582). See page 30. Ark. (112), Minn. (41), N. J. (20), etc. The teacher may have his remedy against the persons employing him, but it can be enforced only by action ^D. 3824). i 175, 356, 425. 207. s 98, 249, 269, 270, 310. But see 386. * 4, 8, 40, 189, 210, 247, 268, 334, 336, 351, 357, 383. AUTHORIZED SCHOOL OFFICERS 111 The consent of the three trustees separately makes no contract. A contract made by two trustees in the absence of the third from the district may be annulled at any time by a majority of the three. But a contract may be made by two trustees when author- ized by the third (D. 1910), or by one trustee when authorized to act as agent for the three 1 . A contract made by two trustees without consulting the third may be ratified at a subsequent meeting 2 ; and a tacit concurrence of the third trustee (D. 1919), or even by two trustees when the bargain is made with the third in good faith, ratifies a fulfilled contract. In la. should a board permit a teacher to engage in teaching, by so do- ing the board approves the contract of the said teacher, whether said ap- proval appears upon the records of the district or not.S. B. xiv. 38. So in Mich. c. If there be two trustees, in the transition from three trustees to one, the contract should be made at a meeting of both. But when one gives to another due notice of a meeting which the other neglects to attend, a contract of the one with a teacher satisfactory to the inhabitants of the district may be approved. d. In union school districts the contract is usual- ly made with the superintendent or the secretary, as agent for the board of education. The board may delegate to one or more of its members the power to hire and contract with teachers 4 . 8. B. xiv. 83. This is true also in districts. e. Relation of power to contract to term of office. The trustees have the power to hire beyond their term of office, for a term not exceeding one year 6 . A sole trustee has the same right (vii. 47.9 ; D. 3640, 4311). 1 155 V 420, 445, 446. 92. But see 428. 216. 123, 124, 155, 430, 445, 446. 5 20, 62, 89, 92, 98, 140, 186, 208, 278, 284, 299, 317, 897, 398, 424, 425. See 228, 380. 112 MAKING THE CONTRACT In some States, the trustees may not engage a teacher after their suc- cessors have qualified 1, or before the annual re-organization of the board , but may make contract for a term beginning after some members go out of office *. Ark. (85) ; Minn. (41). Ky. (48) even forbids that contracts for the coming year be made before July 1. 1 48, 62, 71, 217, 228, 330. * 48, 53, 429. 5, 89, 307, 212, 278, 430. CHAPTER III CONDITIONS OF CONTRACT Written contract required. The laws of most States require that the contract shall be written (vii. 47.10 ; xv. 17). Va. (89-90) imposes a fine of $50 upon any school-board that fails to en- ter into written contract in form prescribed. A failure to give the teacher a written contract does not viti- ate the contract 1 (D. 3640). But it makes it difficult for the teacher to prove what were the terms of the contract, in case there is a dispute (D. 3890). Where the case is difficult to deter- mine (D. 3768, 4263), or where the amount of damages is inde- terminate (D. 3768, 3797) the Department will refuse to interfere, and refer the matter to the courts. See page 135. Contract must be complete. In the absence of fraud, accident, or mistake, it will be conclusively pre- sumed that the contract contains the entire agree- ment of the parties 2 . When a teacher accepted a written contract for 16 weeks, but claimed to have been hired for 36 weeks, the burden of evidence to dispute the contract is upon the teacher (D. 3944). The teacher is assumed to know the extent of the trustees' powers, and any restrictions or regulations made by the board of trustees 8 . But where the rule has not been printed or put on record and the teacher denies that he ever heard of it, the teacher is not bound by it (D. 3524). Specifications of contract. The New York law re- quires that the contract shall name : 1 14, 109, 111, 331. 2 116. 110. (118) 114 CONDITIONS OF CONTRACT a. The duration. b. The amount of compensation. c. The times of payment. The following are also important points : d. Manner of paymenc. e. Janitor work. /. Precise wont as a teacher. g. Keeping the school register. a. Duration. New York requires that in district schools contracts shall be for definite periods of (1) not less than 10 weeks 1 (D. 3603, 3735, 3850, 3889) except for filling out an unexpired term of school ; and (2) of not more than one year (vii. 47.5). N.C.(28). No such restriction is placed on hiring in union schools (viii. 15.11 ; D. 3653). Some cities, like New York and Albany, make the engagement of teach- ers permanent, either at once or after a year or two of probation. In such cities teachers can be removed only for cause. (1.) FOB SPECIFIC PERIOD. Agreements between teachers and trustees that either party may terminate the employment at any time are against public policy. Employment should be for a specific length of time (D. 3678). Compare page 119. The law does not permit trustees to assume dictatorial powers. It will not allow them to exact agreements of teachers into which a self-respect- ing person cannot enter ; nor will it allow them to turn a teacher out of the schoolhouse in the midst of employment only because of pique or spite, or in order to put some one else in. The employment must be at least for a reasonable length of time. It should be for a term at least a time sufficient to enable a teacher to show proficiency or make so complete a failure that no district will employ him again (D. 3735). The Supreme Court of Wisconsin says : "If the board make a valid con tract, reserving the right to discharge a teacher whenever they see fit, then the public schools must be taught to suit the whims, caprices, and peculiar notions of the hiring board, and not as the teacher in the conscientious dis- charge of his duty should teach the same. They could compel teachers of district schools to teach the same to the satisfaction of the boards who hire 1283- DURATION 115 them, instead of to the satisfaction of the people who compose the district, or In a manner most beneficial to the pupils, or as a good, competent, and faithful teacher ought to teach the same." S. B. x. 134. A rule that the teachers should be liable to discharge at the pleasure of the board is no defence to an action on a contract of hire for a specific term l . A decision rendered Feb. 7, 1896, by the State superintendent of Washington contains this ruling : In this case two questions arise at the outset upon the determination of which will depend the decision of the whole matter : First, Is the provision in the contract empowering the board to dismiss at pleasure operative ? * * * On the first question raised the assistant attorney-general has advised this office as follows : " All authority of the school board to employ a teach- er is traceable to some provision of law. Such law is not only the source of their authority but the limitation of it. The power to discharge a teacher is restricted by the provision that the discharge must be for sufficient cause. The board cannot, by the form of the contract they enter into with a teach- er, give themselves greater powers than the statute has conferred upon them. No power whatever is conferred upon the board to discharge a teacher, except for sufficient cause. Any provision therefore in a contract with a teacher giving them the power to discharge at will is unauthorized and invalid." So Ohio (88). But in States where the statute empowers the trustees to employ teachers and remove them at pleasure, this enters as part of any contract made under it, and a teacher may be dis- charged notwithstanding the terms of his employment 8 (D. 1845 ; cf. 3888 ; S. B. xv. 105). (2) BY THE YEAR, OR BY MONTHS, WEEKS, OR DAYS. Contracts should be made by the year, or for a certain number of months, weeks, or days 8 . The school month is now almost universally regarded as four weeks of five school -days each 4 . Ariz. (2i), Ark. (54\ Cal. (27), Fla. (25), la. (54>, Kan. (4t), Midi. (22), Minn. (42), Mont. C45), Neb. (50), Nev. (27), N. J. (26), N. C. (28\ N. D. (61 , Ore. (28\ Pa. (157, 248), S. D. (37), Ya. (97), Wis (67-, Wy. (42 , etc. Where engagement is by the month, and teachers receive one-twelfth of the annual salary each month, a teacher who has completed the school year must be paid for the vacation months, even if she has declined to remain. S. B. xiv. 95. 115,230,43". * 68, 128, 173, 190, 2-16, 251,417. * 190. * 314. 116 CONDITIONS OF CONTRACT Where a teacher was first engaged in 1880 ; in the summer of 1881 was hired for another year; and in the summer of 1883 was hired " for another term at a salary of $900 per annum ", and discharged Nov. 29, 1882, held, that the contract did not expire till the end of the school year, in June, 1883. Sup't GUtnour, N. Y., April 5, 1883. As to hours of school, see page 144. 3. HOLIDAYS. Unless otherwise specified, the contract re- quires no school upon holidays (see pages 10, 35). When a holiday comes on Sunday, it is celebrated on the Monday fol- lowing. Pa. (100). See page 10. For these clays no deduction from wages is to be made. Ore. (28), N. J. (26\ etc. But if the teacher keeps the school open on a holiday, he is not entitled to have such day's service counted in lieu of another day not a holiday, except by agreement with the trustees 1 . Fla. (59', Mich. (90), Minn. (42), Mont. (45), N D. (61), Pa. (247), S. D. (32), etc. The custom is so well established of keeping the school in session on the five work-days of each week exclusive of Saturday, that to change this cus- tom would require action by the board, but they may authorize that there shall be no session on Monday. Ohio (86). In Ohio (86) teachers may dismiss their schools without forfeiture of pay on the holidays named. In Iowa (54) it is lawful for a board to give teachers holidays and not de- duct pay, and quite usual. The teacher, however, may not claim it as a right. (4) INSTITUTE WEEK. The statute requires that the teacher receive full pay for institute week (ii. 6). See pages 17, 35, (D. 3794, 3892), Ark. (72), Id. (27), Ore. (40), Wy. (43), etc. Schools in cities and incorporated villages employing a super- intendent (see page 18) are not compelled to close for the institute, or to allow their teachers pay for attendance (x. 4). The trustees of every school district are directed to give the teacher or teachers employed by them, the whole of the time spent by them in attend- ing at an institute or institutes held as hereinbefore stated, without deduct- ing anything from the wages of such teacher or teachers for the time so spent. All teachers -under a contract to teach in any school commissioner dis- trict shall attend such institute so held for that district, even though at the time the school is not in session, and shall receive wages for such attend- ance (x. 4). 1 305, 211. DURATION 117 A teacher must be paid for the week spent at teachers' institute occur- ing during the term of employment. When, at the request of a board of trustees, a teacher taught an additional week, the teacher must be paid for that week at the contract rate. An attempt to compel a teacher to make up for the time spent at an institute will not be sustained (D. 3523). Arranging a period of vacation by a trustee so as to avoid the payment of wages during the week of a teachers' institute, and which the teacher duly attended, is contrary to the statute (D. 3892). Teachers will be entitled to pay for a week during which school was closed in consequence of a teachers' institute having been designated for that week, but not held because of storms and floods which rendered it impossible. Also, to the week to which the institute was adjourned and held, school having been closed (D. 3623). A teacher may attend an institute outside her own district, if she has the consent of the trustee, the commissioner, and the State superintendent. S. B. xx. 37. In S. D. (33) teachers receive one-half pay for attendance. In Ore. (22, 73) they are paid for not more than 2 days. For penalty if the teacher fails to attend the institute, see page 103. A teacher of a district school neglected to attend the session of a teach- ers' institute, although the school was closed during the week, by the trus- tees' direction, because of a report which prevailed that a contagious dis- ease was prevailent in the vicinity where the institute was held. Held, that the teacher was not entitled to recover pay for the week of the institute (D. 3829). In Me. (47) the State even pays the necessary expenses for the holding of State associations of teachers, and teachers may suspend their schools for not more than two days in the year to attend such associations, and receive pay for their time. The contract is sometimes conditional upon the teacher's attending local teachers' meetings. (5) ENFORCED VACATION. Where a teacher is prevented from filling a contract from misfortunes that happen to the district, he can recover for full time. The most common are : Prevalence of contagious diseases. Burning of the school-house. Wrangling among the trustees. Closing for lack of funds. Va. (91) authorizes the trustees, with the approval of the county superin- tendent, to close the schools ' for a sufficient cause ", and pay the teacher for the time taught ; and la. (54) while acknowledging the right of the teacher to full pay, says such cases are best settled by compromise. 1.18 CONDITIONS OF CONTKACT Contagious diseases. "When school is closed on account of contagious or other sickness, the teacher may recover full pay 1 (D. 3706, 3791, 3840), 8. B. vii. 115, Ky. (50), Minn. (41), Wis. (42). The same principle applies when school is necessarily closed on account of a blizzard. S. B. xiv. 98. Burning of the schoolhouse. The teacher recovers for full period of contract 2 (D. 3917), S. B. x. 93. If the schoolhouse is not kept in good repair, the teacher may recover from either the trustees or the district for any injuries thereby sustained * . Wrangling among trustees. Three teachers were engaged in No. 1, Westchester, on Aug. 27, 1887. Through wrangling on the part of the trustees the school was not opened till Jan. 9, 1888. The teachers must be paid in full as though school had been in session (D. 3679). So as to payment 4 . Closing for lack of funds. Action of a board of education in resolving to close public schools for the reason that the corporate authorities upon whom the duty to provide funds devolves by law, neglect to provide necessary means, will not be upheld. Teachers under contract would have a remedy by law, if wages provided for by contracts were in default, although prevented from teaching by the closing of the schools 5 (D. 3993). See power of trustees to raise money, page 120. If ihe enforced vacation extended over some months, it is possible that the teacher might be expected to use due diligence to find other employment. Compare page 120. b. Amount of compensation. Most States leave the trustees unrestricted as to the amount of salary they shall pay the teacher (viii. 47, 10 ; vii. 15, 11). See pages 34, 63. In some States, as Cal. (67), Tenn. \14), Wy. (35), women teachers must be paid the same salaries as men for like work. Some States, like N. D. (43), provide that the salaries of teachers shall be graded according to the grades of their certificates. 1 206. 422. 67, 211 a. But see 241. 280, 281, 307. * 331 a. 5 222 i. AMOUNT AND TIMES OF ^>AYMENT 119 N. C. (28) fixes the maximum salary of 3d-grade teachers at $15 and of 2d-grade teachers at $25 a month, and authorizes the county board to place a maximum upon Ist-grade salaries. Va. (67) provides that the pay of the teacher shall not be governed by the daily average attendance, provided this average exceeds 10. Texas (21) gives to Ist-grade teachers $2.50 per month for each child of school-age, with a maximum of $75 a month ; to 2d-grades, $2.00 per month for each child, with a maximum of $60; and to 3d-grades, $1.50 per child. But this restriction does not apply to districts levying a local tax. As in regard to duration, the contract should be specific, giv- ing so much by the year, month, week, or day. See page 114. EXTRA PAY is sometimes provided for, principally on the fol- lowing grounds : For instructing non-resident pupils. This would require a special agreement with the trustees (D. 3623). The trustees have sole authority to admit pupils or to exclude them, and the teacher must instruct the pupils admitted. This applies also to pupils over school age. The wrongful exclusion of a child by a teacher under direction of the trustees does not defeat the right to wages* ; whether an action will lie against a teacher for refusing to instruct those who lawfully come to him for instruction, or whether the remedy is confined to an appeal to the gov- erning board. Judge Cooley says (Torts, p. 288) is left in doubt by the author- ities, though he thinks it actionable. As to colored pupils, see page 38. For instruction in outside branches. In New York public school teachers are not allowed to furnish instruction in school in certain branches upon payment of tuition, either to the teacher or to the trustees. Public schools should be free to all children of the district to receive any branch of instruction for which they are qualified (D. 3764). Trustees who pay a fixed salary to the principal are not allowed to per- mit him to share in receipts from the teachers' class. A?. B. xxii. 3. For janitor work. While the teacher cannot be compelled to do janitor work, see page 121, on the other hand he cannot be paid for janitor work he does voluntarily, unless so agreed in the con- tract. B. xiv. 83. The trustees cannot deduct from the teacher's wages the amount they have paid for janitor work (D. 2139). c. Times of Payment. In New York, the pay of 120 CONDITIONS OP CONTRACT any teacher employed in the public schools is due and payable at least as often as at the end of each calendar month of the term of employment (xv. 17). A teacher who has not been paid as often as once each month during the term of employment as required by statute is entitled to interest on the several monthly payments which have been with- held, from the time when payable (D. 3808). The provisions of the law give trustees full power to raise the money needed (vii. 14.16 ; vii. 47.12; viii. 11). d. Manner of payment. The teacher's wages are always due to him, and in cash. (1) SALARY MUST BE PAID TO THE TEACHER. Debts on notes due to other persons, even to the trustees, cannot be set off against the teacher's wages. The money due him cannot be at- tached 1 . Ky. (149), Minn. (50). Even though he is a minor, the teacher's salary must be paid to him, and not to his parent or guardian. See page 108. (2) SALARY MUST BE PAID IN CASH Contracts which involve an agreement to board with the trustee or to board around cannot be enforced. The teacher should have a specific sum as wages, and board himself (D. 3717). He has a perfect right to change his boarding-place at any time. An agreement to the contrary with the trustee is illegal and void (D. 3575). (3) How TO ENFORCE PAYMENT. In case the trustees neglect or refuse to pay the wages due, they may be sued. The trustees are a quasi corporation, possessing power in this and for this purpose to bind their district, and to create a corporate liability which will attach to their successors in their official capacity 2. A teacher is entitled to a writ of mandamus to compel the trustees to pay arrears of salary due him 3 . He has his option to bring suit to recover money, or proceedings for a writ of mandamus to compel its payment. And if an order has been issued to him, and it remains unpaid, he may still have his choice of remedies The creditor of a corporation is not restricted to mandamus as his sole remedy *. The teacher has one of two remedies action on the contract 5 , or a writ of mandamus 8. Mandamus, and not an action for money had and i 134, 137, 205. 41, 85, 87, 101, 125, 136, 145, 197, 229, 244, 262, 267, 297, 346, 353. * 268. * 101. * 145, 229, 353. 101, 362. PRECISE WORK AS A TEACHER 121 rceired, Is a proper remedy to compel a clerk of the school district to pay over money in his hands applicable to a warrant issued in favor of a teacher for salary. The funds are the funds of the district until he parts with the custody of them 1 . e. Janitor work. Any other duties upon the teacher than those properly belonging to his work as a teacher, such as sweeping the schoolhouse, must be expressly stated in making the contract. The teacher cannot be compelled to do janitor's work on the ground of local custom. A teacher who contracts simply to teach a school for a given number of months, for a given sum, is under no obligation to cut or carry in the fuel, sweep the school- house, or make the fires. It is as much the duty of the trustees to have these things done (by the teachers and pupils if they volun- teer to do them, or by paying for them otherwise) as it is to fur- nish a broom or a stove. The trustees have no power to compel either teacher or pupil to do these things (D. 4221, 4251). Am. Journ ofEd'n, Feb., 1878. Ariz. (47), R. I. (253). f. Precise work as a teacher. Unless the contract specify that certain grades or subjects shall be taught, the teacher must accept whatever grades or subjects, within his capacity, are assigned by the trustees (D. 3898). Unless otherwise stipulated, where there are several schools in the district, or several departments, the teacher must take any one assigned to her, even if it be a colored school 2 . But the change of grade mast not involve any reduction in salary, which would be equivalent to a discharge, and allowable only for the same reasons 3 . See page 124. Under a complaint by a school teacher to recover salary based upon and alleging a full compliance with the terms of an express contract to teach as assistant principal in the high school department, where the evi- dence shows that she has materially violated its provisions in refusing to 1 346. 64. 3 275, 303. 122 CONDITIONS OP CONTRACT teach certain classes assigned to her by a new and recently selected princi- pal when possessing the scholastic attainments and ability to do so, when the different members of the board frequently endeavored to persuade her to teach said classes, her defence being that neither the board of education nor the principal of the school had power to modify or change the assign- ment made by a former principal of the schools, Held, under the contract it was the duty of plaintiff as assistant principal to teach such classes and perform such duties, within the scope of her employment, as the principal of the school might reasonably assign or direct, and where plaintiff had wilfully and without justifiable cause failed and refused to perform her duties, a dismissal was justifiable and no recovery could be had for salary unearned. borrow vs. Board of Education City of Chamberlain, So. Dak., Sup'r Ct., Oct. 28, 1895. g. Implication in contract. Whether specified or not, teachers are by law required to fill the blanks in the school register, to preserve it, to verify its cor- rectness by oath, and to deliver it to the district clerk (D. 3838). See page 49. Teachers shall keep, prepare, and enter in the books provided for that purpose, the school lists and accounts of attendance hereinafter mentioned, and shall be responsible for their safe- keeping and delivery to the clerk of the district at the close of their engagements or terms (vii. 41). In the other register the teachers shall enter (1) the names of the pupils attending school, (2) their ages, (3) the names of the persons who send them, and (4) the number of days each pupil attends ; and, also, (5) the facts and the dates of each inspection of the school by the school commissioner or other official visitor, and (6) any other facts, and in such form, as the superintendent of public instruction shall require ; and each teacher shall, by his oath or affirmation, verify his entries in such book, and the entries shall constitute the school lists from which the average daily attendance shall be determined ; and such oath or affirma- tion may be taken by the district clerk, but without charge. Until the teacher shall have so made and verified such entries, the trustees shall not draw on the supervisor, collector or treas- urer for any portion of his or her wages (vii. 53). KEEPING THE SCHOOL REGISTER 123 This obligation upon teachers is practically universal 1 . Ala. (29), Ark. (77), Cal. (26), Me. (23), Mich. (90\ Mont. (44), N. J. (25), N. M. (11), N. D. (61), S. D. (33), Tenn. (15), Va. (93\ Wash. (27), Wy. (35), etc. La. (30) imposes a fine of $2 for failure to furnish report. Texas (10) and N. M. (11) impose a fine of not less than $25 or more than $500. If the register be lost through carelessness the teacher is entitled to no pay for his services, and from this duty the trus- tees have no right to excuse him 2 . He may draw pay if he can make oath that it was correctly kept, but lost or stolen through no fault of his ; and trustees may permit the teacher to fill up the blanks afterward, if the district do not thereby lose its public money 3 (D. 1713, 2523). In Vt. the fact that a teacher who had been dismissed carried off the register, but returned it to the district clerk before bringing su't for wages, did not defeat recovery of wages 4. 1 61, 90. 93, 130, 103, 177, 182, 204, 256, 260, 414, 426. z 177, 256, 260, 414, 418. 418. * 418, CHAPTER IV BREAKING THE CONTRACT By the teacher. A failure of the teacher to keep a contract to teach, without good reason therefore, is sufficient cause for annulling his license. See page 103. By the trustees. A teacher once employed cannot be dismissed during the period of the contract except for cause 1 (D. 3864, 3865, 4195). See pages 35, 114. A teacher doubtless, like a lawyer, surgeon, or physician, when he undertakes an employment implicitly agrees that he will bestow upon the service a reasonable degree of learning, skill, and care. When he accepts an employment as teacher in any given school, he agrees by implication that he has the learn- ing to enable him to teach the branches to be taught therein, as well as that he has the capacity in a reasonable degree of impart- ing that learning to others. He agrees, also, that he will exercise a reasonable degree of care and diligence in the advancement of his pupils in their studies, in preserving harmony, order, and discipline in the school, and that he will conform himself as near as may be to such reasonable rules and regulations as may be established by competent authority for the government of the school. He also agrees, as we think, by a necessary implication, that while he continues in such employment his moral conduct shall be in all respects exemplary and beyond just reproach 2 . In New York the cause must, if appeal is taken, seem suf- ficient to the State superintendent (vii. 47.9). The burden is upon the trustees to show cause by preponderance of proof (D. 4244). 1 142, 230, 292, 381, 439. 2 51, 76, 416. (124) BREAKING THE CONTRACT 125 Sometimes, however, it is advisable not to pursue the same strictness required in court as to evidence 1. If trustees will employ teachers without sufficient caution, without previous acquaintance or inquiry, they must not rely upon the Department to relieve them from their unwise con- tracts, and particularly so when the most that can be said against a teacher so employed is, that she lacks tact and management, or talks offensively under opposition and criticism (D. 3510). Some States confer upon trustees the power to dismiss teach- ers on their own judgment, without assigning a specific cause. Ala. (25), Id. (14), Me. (20), Md. (23), Va. (43). Compare Neb (60), Nev. (13), R. I. (225), Va. (88). Mass. (44) says 8 : It will often happen that a committee may be in possession of sufficient reasons to justify the dismissal of a teacher, and yet a wise public policy would avoid a disclosure of them. Experience has proved that this power is not liable to abuse. Committees are reluctant to take upon themselves the responsibility of dismissing a teacher, except in extreme cases. The following is the English view : For there may be causes which render a mail altogether unfit to con- tinue to be a schoolmaster, which cannot be made the subject of a charge before a jury, or otherwise of actual proof. A general want of reputation in the neighborhood, the very suspicion that he has been guilty of the offences stated against him, the common belief of the truth of such charges amongst the neighbors, might ruin the well-being of the school, if the master were continued in it, although the charge itself might be untrue, and at all events the proof of the facts themselves insufficient before a jury 3. In an action for services, evidence "that the said plaintiff was incompetent to manage the said school ; that she was unreason- able in her requirements of the scholars in said school ; and was uneven in her treatment of them, and partial and abusive in her treatment of certain ones in said school, and that she failed in all respects as a teacher of said school," was admissible 4 . The dismissal of a teacher is business, and must be done at a regular or special meeting of the trustees. Opportunity to be heard. The teacher must not be discharged without notice, and a chance to defend himself 6 (D. 3510), Id. (14). 1 305. 2 196. 3 455. 4 416. 5 142, 168, 384, 447. 126 BREAKING THE CONTRACT Where a teacher is dismissed by a board during the term of employment without an opportunity to be heard and without sufficient cause, such teacher is entitled to receive pay for the balance of his or her term of employment, and such dismissal is unlawful, invalid, and void ^D. 4294). Sufficient cause. The principal causes that warrant the annulment of the license (see pages 98-104) still more warrant the. dismissal of a teacher, which is a lighter punishment. Of course the punishment of a teacher for not attending institute, not keeping engagement, or falsifying register (see pages 103, 104) is not within the power of the trustees. a. Immorality is sufficient cause 1 (viii. 15.11 ; D. 4294). See page 99. N. C. (23), Pa. (131, 138), S. D. (26), Tenn. (9), Utah (9), etc. By universal consent, and certainly by the spirit of our school law, it is expected of teachers that they refrain from improper language, keep the Sabbath day with respect, and in every other way avoid practices or company that are demoralizing in their tendencies. la. (37). b. Incapacity to teach is specified as a cause for dismissal (viii. 15.11). See pages 36, 101. But it must be marked to justify this action 2 . X. C. (23). After a teacher has obtained a certificate, been employed, and entered upon his duty, he should not be discharged without the clearest proof of his iucompetency or palpable neglect of duty, in default of which on the part of the trustees inferior courts should find for the teacher. The testimony of the pupils as to the teacher's fidelity is to be received with much caution, and occa- sional or trifling errors in recitation, or inaccuracies in scholar- ship, or casual laxity in discipline, or tardiness of action, or failure to secure the rapid advancement of particular scholars these 1 5. 33, 130, 131, 240, 248, 438, 439. 2 33. 59. 66. 230, 416. SUFFICIENT CAUSES 127 things, whether alleged or real, are inconsequential when weighed against the favorable presumption warranted by the possession of a legal certificate, and the evidence of general success and fidelity 1 . One decision of the State department upon an appeal against dismissal reads thus : "The incompetency of the appellant I do not think so conclu- sively proved as to sustain the presumption of a non-fulfilment of contract by him, though from the testimony on both sides I am disposed to rate him considerably below the grade of a first-class teacher. Still, the trustees can hardly expect to get all the manly and scholarly virtues for $15 a month ; " and the appeal was sustained. Again : "After having taught 9 weeks and 2 days, she was discharged on the ground that she failed in government. This the teacher denies, testify- ing that she had no trouble except with one young man, 16 years old, who was vicious, profane and exceedingly troublesome. She called upon the trustee to aid her in governing him, but without avail. She had taught several terms before, successfully. Held, that the trustee should have sustained the teacher, removing the pupil if necessary ; and that the discharge was illegal" (D. 3678). See pages 197, 199. c. Neglect of duty 3 is the third cause specified in the New York law (viii. 15.11). See page 102. N. C. (23), Pa. (131, 138), N. D. (42), S. D. (26), Tenn. (9), Utah (9), etc. d. Cruelty is ample cause. For inflicting unjustifiably severe punishment upon pupils for comparatively slight offences, the teacher should be discharged as either incompetent to fulfil his duties properly as a teacher, or as wilfully regardless of them (D. 1793, 3863). Pa. (131). As to where the line is drawn between cruelty and a justifiable maintenance of authority, consult the chapter on corporal pun- ishment, pages 180-194 e. Insubordination is sufficient cause. See page 138. The board of education of the village of Millport appealed to the Department to remove Principal Harris Wickham for insub- 1 33. a 387. 128 BREAKING THE CONTRACT ordination, specifying that he began school contrary to their direc- tions, refused to permit them to clean the building, undertook to have the members arrested when they tried to clean or repair the building, refused to meet the board for the transaction of busi- ness, exchanged text -books against their wishes, received non- resident pupils without their knowledge, and was inefficient in discipline. Mr. Wickham made no reply to these charges, but claimed that the Department could not remove him except by revoking his license to teach. In this he is sustained. The charge is not of immoral conduct or of mental incapacity. If ihe charges are true tlie board might remove him for insubordination, in which case he would have the right to appeal, that the truth or falsity of the charges might be established (D. 3565). If this charge involves a ques'ion of veracity, the burden of proof is on the trustees. Thus where Sup't Sheldon J. Pardeeof Long Island City swore to one thing and Principal Peter E. Demarest to the opposite, the State superintendent preferred to take Mr. Demarest's word, as appears in the following decision : The respondent's charge of insubordination seems to be based upon the allegation contained in the affidavit of Mr. Pardee that the appellant did not recognize the authority of Pardee as superintendent of schools, or to read the resolution passed by respondents on January 24, 1893, hereinbefore men- tioned. Pardee avers a copy was given to the appellant, and the appellant avers it was not delivered to him. The affirmative is upon the respondents to establish the allegation of Pardee, and in this the respondents have failed (D. 4195). f. Bribery or agency is in many States a specified cause. 'teachers are forbidden to have any pecuniary interest, directly or indirectly, in supplying books, maps, school furniture, and apparatus to the schools of tlie State, or to act as agent for any author, publisher, bookseller, or dealer in any such school furni- ture or apparatus, or directly orindirectly receive any gift, emolu- ment, reward or promise of reward, for his influence in recom- mending or procuring the use of any book, map or school apparatus, or furniture of any kind in any public school of this State. Any teacher who shall violate this provision, besides being removed from his post, shall be subject to a penalty of not SUFFICIENT CAUSES 129 less .than $200 nor more than $500, and shall be guilty of misde- meanor. Tenn. (13). So Ariz. (15) ; Ark. (81) ; Cal. (40) ; N. J. (44) ; Pa. (146) ; R. I. (82) ; Utah (16) ; Va. (73) ; Wy. (42), etc. New York places a similar restriction upon school commission- ers (v. 12), and upon school officers (Penal Code, 473). R. I. (12) also prohibits any oerson from offering fee, commis- sion, or compensation. Va. (73) makes a special concession to authors : Exceptions to the requirements of this section may be made by the board of education, in the case of a school officer being the author of school books or maps, or the inventor of school furniture or apparatus, in which case the board of education may, at its discretion, make specific arrangements whereby such school officer may, if his book or invention be adopted by proper authority, enjoy the profit of the proceedings thereof without offence : provided, that no unfair advantage be allowed over other competitors in se- curing the adoption of the book or invention. g. Closing school without consent of the trustees, even for a single school day is sufficient cause 1 (D. 3782). Va. (93). Of course a teacher must do his teaching in the schoolhouse 2 . (1) CONSENT OP THE TRUSTEES MUST BE OFFICAL, at a meet- ing regularly called 3 (D. 1751). (2) THE TRUSTEES ARE TO PROVIDE THE SUBSTITUTE. The teacher can furnish substitute only by permission of the trus- tees 4 (D 4003), W. Va. (63), the wages to be paid by deduction from the teacher's wages. la. (55). The substitute must be licensed (see page 105); and some States require that the license should be of the same grade as that of the absent teacher. W.Va. (36, 63). (3) EVEN IP THE SCHOOLHOUSE T!i LOCKED AGAINST HIM, if the teacher goes away without applying to the trustees for admission, he abandons his contract. He must make every reasonable effort to continue the school. 1 50, 76, 117, 133, 124. 143, 248, 263. 2 152. 3 375, * 60, 51. 130 BREAKING THE CONTRACT A teacher voluntarily giving up the school, even at the request of the trustees, can recover only for the time actually taught * . On the other hand, a teacher dismissed for cause who took forcible possession of the schoolhouse and continued to teach could not recover wages 2. (4) IF HE ABANDONS HIS CONTRACT without justifiable reason, he cannot recover for time already taught*. But if he is obliged to give up the school because not sus- tained by the trustees in the enforcement of reasonable rules, he is entitled to pay for the time taught 4 , and if the failure is plain- ly no fault of his, for the full term. See page 136. A teacher employed for nine months, but not teaching the last month through neglect of the trustees is entitled to pay for that month also B . A teacher who was hired for three months had taught six weeks. The district became dissatisfied, only one or two scholars attended, the stove- legs and pipe were carried from the school-room, and the teacher had to close school. By the request of the committee, he held himself ready to complete the term, but the committee did not put the building in order. He recovered wages for the full term . (5) TEMPORARY ILLNESS, however, is not good ground for dismissal. The English view is even that salary may be drawn for the time of absence. Of course a headmaster may dismiss his assistant with due notice on the assistant falling ill ; but the illness is not sufficient cause for summary dismissal, unless it is likely to disable him permanently, or for a long time, from doing his duties. If the assistant is obliged, because of illness, to be absent from his duties at any time, and then returns again to them on recovery, he nas a right to his salary for the time he was laid by, as the con- tract between him and his employer has not been rescinded, and has, there- fore, been in force all the time 1. In American public schools, the teacher absent through sick- ness or other cause is expected to pay the wages of the substitute, as stated above. The pension law (see page 131) also makes pro- vision for substitutes. h. Mere dissatisfaction of pupils and parents is not, in most States, cause for dismissal 8 . See page 102. * 28. 400, 405. * 230, 419, 427. 250, 251. 40. * 397, 402. SUFFICIENT CAUSES 131 The fact that parents do not send their children to school does not of itself affect the teacher's right to compensation 1 . la. (54), W. Va. (75). In R. I. (63) the trustees may suspend the school whenever the average attendance falls below 5 ; in La. (55) and Md. (22), whenever the average attendance in any school for any two consecutive terms is less than 10 pupils ; and in Ky. (49) when the trustees ascertain that the average daily attendance for 20 consecutive days has been less than 25 per cent of the total number of children of school age in the district, they shall, with the consent of the county superintendent, dismiss the teacher and employ another to complete the term, unless they are satisfied that the decreased attendance was due to such natural causes as high water, extremely inclem- ent weather, epidemics, or unusual sickness in the district. i. On payment of damages a teacher may be dis- charged, even without adequate cause. Michael E. Devlin had been principal of No. 1 Westchester since 1881, his recent salary being $2,100. On August 7, 1887, the board of education by a vote of 5 to 4 voted to employ Irving Washburn, at a salary of $1,800. This created much feeling in the district, and the annual meeting on August 28 was largely attended. The new members of the board elected were those known to be in favor of Mr. Devlin, and the meeting instructed the board to re -employ Mr. Devlin, and raised $2,100 additional to the original estimates for his salary, assuming that Mr. Wash- burn must be paid the salary the old board had agreed to give him. Held, that while the meeting had no right to dictate to the board whom they should hire, it had a right to raise the $2,100, and the board had the right to engage Mr. Devlin, and to pay Mr. Washburn $1,800 as damages in full (D. 3732). k. Pensions may be granted in New York to teachers who have been 25 years in continuous ser- vice in the schools of any town, in which case the teacher is retired from teaching. Under this act (Chap. 767, laws of 1895) pensions may be granted only by raising a town pension fund at an annual town- i 70, 397. 132 BREAKING THE CONTRACT meeting, upon petition of 35 or more taxpayers properly adver- tised. Where the town votes this, teachers who are eligible may make application to the town clerk, and thereafter the super- visors must include in the tax levy the amount necessary to pay to such teachers monthly at one-half the rate of the wages received by the teacher during his last year of teaching. Such teachers, if not physically disabled, may be required by the commissioner to take the place of a teacher temporarily absent or disqualified, without additional compensation. New York and some other cities have special pension-laws of their own. Proper method of procedure. The possession of a license is prima facie evidence of qualification, and if the trustees can secure its annulment that relieves them of the teacher without responsibility of their own 1 . In New York it has been held that since a State certificate while unrevoked, conclusive evidence that the person to whom it was granted was qualified by moral character, learning, and ability to teach any common school in the State, the superinten- dent felt himself by this statute debarred from considering alle- gations against the moral character, learning, and ability of the teacher, upon an attempt to discharge her from the employment of the board, and held that the proceeding should have been one to annul her State certificate (D. 3510). In Mo. (15) trustees cannot discharge a teacher for incompe- tence or immorality until his certificate is revoked 2 . But the present policy of the New York Depart- ment of Public Instruction is manifestly to sustain the certificate (see page 102) ; and since the power of annulment except for immorality is taken away from commissioners, trustees if they wish to get 1 6, 33, 230, 289. * 883, 335 SUFFICIENT CAUSES 133 rid of a teacher must usually take the responsi- bility of discharging him ; and this is a serious responsibility. Liability for criticism. When trustees have dis- charged a teacher, they are sometimes asked why, especially by trustees of other schools for which the teacher has made application. In such cases, the reply is privileged, and if made in good faith an action for slander or libel will not stand. A letter from an inhabitant of the district to the trustees com- plaining of the teacher is privileged, if written with an honest purpose and for the public good 1 . Tounshend on Slander and Libel, pp. 385, 899 ; but see 272. The English law holds good in this country, and is thus stated : A head -master is not bound to give any character or testimonial to his assistant ; but, when he does give one, all statements made therein are privileged, and no action for libel can be brought on them, provided they be made bona-f.de. This privilege exists because of the duty thrown upon every person by the convenience of society to state fairly all he knows either for or against a former servant which would be likely to influence another person, who contemplates engaging that servant, in deciding upon the fitness of the servant for the purpose for which he requires him. If, then, in accordance with this duty, a head-master states what he honestly believes to be the truth about his assistant, the law will protect him from any penalties for so doing,' even if the things stated are, in fact untrue. But if he deliberately makes a statement which he knows to be false, and gives his assistant a bad character which he knows he does not deserve, the head-master is not acting in accordance with his duty, and lays himself open to an action for libel at the suit of the injured assistant. Malice being proved destroys the privilege which otherwise would exist, and any deliber- ate and intentional false statement, or any statement made recklessly, with- out knowing whether it be true or false, is evidence of malice. If a head- master give his assistant a good character, by means of which he gains another situation, and the head-master subsequently finds out that he was i 186. 134 BREAKING THE CONTRACT mistaken in giving such a character, and informs his former assistant's new employer of the mistake, this information will be privileged ; and indeed it is the duty of the head-master to correct his mistake 1 . When, however, a head-master hears that a former assistant is about to be appointed to a new post, it is not his duty to volunteer information as to such assistant's character, and it is much safer for him to wait until asked before making any statement. Eagerness to prevent a former servant obtaining another place has the appearance of malice, and if it were found that I wrote systematically to every one to whom the plaintiff applied for work, the jury would probably give damages against me. On the other hand, if a person into whose ser- vice he was about to enter was an intimate friend or a relation of mine, and there was no other evidence of malice except that I volunteered the infor- mation, the occasion would still be privileged. Odgers on Slander and Libel, p. SOS. In case of dismissal for gross immorality, however, it is unquestionably the duty as well as the right of the trustees to make known the fact to any school likely to engage the dis- charged teacher. The teacher's defence. A. teacher who feels him- self unjustly treated in being discharged has the option of two methods of redress : appeal to the courts, or appeal to the State superintendent. This applies also to withholding and to annulling a certificate, pages 98, 104, and to any other dissension that may arise between the teacher and the trustees or other school-officers. a. Appeal to the courts. He may apply for a writ of mandamus, to compel re-instatement 3 ; or may hold himself ready to perform his part of the contract, and when the time has expired may sue for his wages 3 . In Ind. there is no appeal from the action of the trustees in dismissing a teacher 4. see also page 125. 1 453. a 19. s 59, 66, 117, 122, 273 a, 301, 307, 312, 316, 318, 368. * 76. APPEAL TO THE STATE SUPERINTENDENT 135 b. Appeal to the State superintendent. He may appeal to the State superintendent either to reinstate him, or to direct the trustees to pay him his wages 1 . Cal. (27), Mont. (45). This appeal may be made, even after the teacher has been non -suited in the courts 2 . The appeal may be made in cities, as well as in rural districts (D. 3864, 4195). Where there is a State board of education there is usually an appeal to it from a decision of the State superintendent. Va. (31). In some States appeals must be made first to the county superintendent a ; in Ga. (21) to the county board of education. It is a rule of the Department that all acts and proceedings will be regarded as regular unless appealed from. The bringing of appeals for light and trifling causes will be discouraged. If vague or uncertain in statement or illegible and unintelligible, appeals will be disregarded (D. 3754). The superintendent will not assume jurisdiction of cases in the nature of a prosecution for the recovery of a fine or penalty ; nor will he undertake to settle disputes as to contracts and other matters involving money, where the issue depends upon the truth of diverse statements and should be settled by the courts 4 (D. 1978) ; or where the amount involved is indeterminate ; or to enforce the payment of money where a decision has been rendered, which should be left to the regular legal authorities. See page 113. But a teacher in the State of New York, who promptly and clearly presents to the Department evidence of unjust treatment by any school officers in the discharge of his duties under the school law, may be assured that the case will be thoroughly and impartially investigated, and a decision rendered with no expense to him, from which no appeal can be taken to any court of law. The rules of practice of the Department will be found in the Consolidated School Law, pages 147, 148 of the edition of 1894. 1 271, 302, 318. 308. * 264. * 321. 136 BREAKING THE CONTRACT Recovery of wages. After being dismissed the teacher can draw no further pay. R. I. (250). If a teacher succeeds in his appeal, he may receive wages for the whole time for which he was employed 1 (D. 4294). But only for the difference between the stipulated wages, and what he earned or might have earned at a similar employment in his own vicinity during the time covered by the contract 2 . Minn. (41). Greenleaf on Evidence, ii. 161 a : Chitty on Contracts, llth Am. ed., ii. 855, note. The burden of proving that the teacher could have secured other employment Is upon the trustees s. As in other cases, the damages which can be recovered should be such as follow la the natural course from the wrongful act, and ought to be meas- ured, so as to put the plaintiff pecuniarily in the same position as he would have been if he had been dismissed rightly. He is not necessarily entitled, as was once thought, to his full salary for the unexpired time of his service according to the contract ; he must not sit still and do nothing, but should use all reasonable exertions to get a new situation,.and should accept of such suitable employment as may offer itself. If he get a new situation without much delay, the damages will be reduced according to its value ; but whatever the value of the new situation may be, the plaintiff is always entitled to some damages for the wrong done him by the breach of contract. If a master be engaged for a certain definite time, and he is dismissed wrongfully before the end of that time, he can sue at once, and need not wait until the time has expired. * * * If, therefore, an action is brought for wrongful dismissal, and the contract was for service for a fixed time, which has not expired, the jury should estimate the probability of the plaintiff obtaining other employment, and deduct the value of such employ- ment from the salary the plaintiff would have received, if he had con- tinued in the service to the end of the agreed time *. A CELEBRATED CASE in New York illustrates this principle. On June 28, 1880, Neil Qilmour, then superintendent of public instruction, demanded the peremptory resignation of James A. Hoose, principal of the Cortland State normal school, and on July 12 " withdrew his approval " of his appointment. On July 24 he appointed James M. Cassety principal of the school. The local board refused to recognize the appointment, and on Sept. 1 1 47, 59, 439. But see 358 a. z 15, 70. 69. * 459. RECOVERY OF WAGES 137 opened the school under Dr. Hoose, six of the teachers appearing on the platform, while the other six obeyed the State superin- tendent. On Oct. 26 Mr. Gilmour applied for a mandamus, which was granted ; and on Feb. 15, 1881, the school was opened under Mr. Cassety. On Feb. 22, the local board appealed to the general term, which on Sept. 20, 1881, affirmed the decision of the court below. The local board then carried the case to the court of appeals, which on April 18, 1882, decided in favor of the local board. Whereupon Dr. Hoose once more took charge of the school, his six teachers returning with him. 8. B. viii. 119. The Governor vetoed the item in the supply bill to pay the salaries of Dr. Hoose and his teachers for the time they were kept out of the school, on the ground that the State should not pay twice for the same work ; but on Jan. 22, 1884, the court of claims awarded Dr. Hoose for himself, and for his assistants who had assigned their claims to him, the sum of $12,551.25 and interest from April 26, 1882, including $3,187.50 for his own salary. From this last item $1,403.43 was deducted, being the amount he had received from the city of Binghamton where he had served as superintendent a part of the interim. Dr. Stowell, teacher of sciences, who had not engaged in teaching elsewhere, received the full salary for the time, $2,167.50. On May 24, 1884, Gov. Cleveland affixed his signature to a bill paying this award. Damages for injustice. If the trustees have acted wantonly and maliciously, the teacher may proceed against them personally 1 ; but he must show clearly that malice and injury were the impelling motives 2 . 1 352 a. 2 66, 76, 104, 305, 311, 339, 3j2, 354. CHAPTER V RULES AND REGULATIONS The original authority to make rules and reg- ulations lies in the trustees 1 (vii. 47.11 ; viii. 15.2). See pages 37-45. Ark. (65), Col. (36), la. (35), Mont. (44), Neb. (40), Ohio (64), R. I. (61), Wis. (42), etc. Ky. (49) requires the trustees to meet at the schoolhouse on the day of opening school, and at least one month thereafter during the opening ses- sion . Mont. <39) requires every one of the trustees to visit the school at least once in each term, and inquire into its management, condition, and wants. For a teacher to refuse to obey official rules would be insubor- dination, and warrant his discharge. Mont. (44). See page 138. In Tenn. , where a teacher suspended a pupil for using tobacco, in violation of a rule made by the teacher which the trustees objected to, the trustees were \ipheldindischargingtheteacher 2 . The rules must be officially adopted, at a regular meeting, and recorded in the minutes (D. 4294, 3524), Wis. (42). There have been decisions to the contrary 3 , but the prepon- derance of authority is decidedly toward requiring official action as stated. The trustees have authority only as a board of trus- tees not individually. Of course a sole trustee may act at any time. 1 108, 154, 170, 179, 181, 184, 185, 199, 233, 286, 338, 340, 420, 421, 432, 486. 2 381. 3 80, 170, 172, 258, 436. (138) THE TEACHER'S RELATION TO THE TRUSTEES 139 The school commissioner, or county superintendent, is to recommend to trustees and teachers the proper rules and regulations (v. 13.2). See page 15. Id. (8), Mont. (30), N. D. (27), S. D. (26), etc. Outside and beyond the rules officially adopted by the trustees, the power lies with the teacher. The trus- tees formulate the general principles for the man- agement of the school ; the practical application of these principles is confided to the teacher 1 . Mo. (14). The board has power to make all needful rules and regula- tions for the organization, gradation and government of the school, and to suspend any pupil for non-compliance with reason- able rules established by it, or by the teacher with its consent 2 . But in matters of this kind the board will, in the main, be guided by the advice of the teacher. While the teacher is subordinate to, and must execute the orders of the board, he is responsible for the conduct, discipline and progress of his pupils, and should, generally, be allowed to decide as to the means and methods of discharging this responsibility. Wis. (42). The teacher's place and authority cannot be taken, except by his permission, by the trustee or even by the school commissioner or the county superintend- ent 3 . Horace Mann, considered the school commit- tee in higher authority, saying : During the period of visitation the committee have the entire control of the school. For the time being it is their school,- and the teacher is their servant. They may decide what classes shall be called upon to perform exercises, and in what studies. They may direct the teacher to conduct the examination, or may con- duct it wholly themselves, or they may combine both methods. 1 24, 86. 170, 172, 236. 255. 2 432. 436. 3 21, 401. 140 RULES AND REGULATIONS In fine they may dismiss the teacher for the hour, and pursue the examination in his absence. * * * Should any scholar mis- behave himself, or prove refractory or contumacious to the com- mittee, while they are engaged in examining the school, it is presumed they have an authority to suspend, to expel, or to punish on the spot, in the same way that the teacher may do in case of like misconduct committed against himself. 38th Mass. Report, p. 150. But that is not the law of to-day. This has been admirably stated in a recent decision of the New York Department of Public Instruction : Boards of education of union free school districts are bodies corporate, and must act as a board in making rules and regula- tions relative to the discipline and government of the schools under their charge ; in prescribing the studies to be taught ; in grading and classifying the schools and regulating the admission of pupils therein, and in the general management and superin- tendence of said schools. The rules and regulations of the board relative to matter upon which, under the school law, they are authorized to act should be adopted by the board of sessions of the board, and copies of the rules and regulations should be given .to the teachers. Individual members of the Doard have no author- ity to make rules, nor to give orders to teachers. Under the school law, the method of imparting instruction belongs exclusively to the teachers. Tlie teachers assign seats to the scholars, regulate the order in which recitations of classes, pursuing the different studies taught in the scliool, are to be held, and conduct such recitations. A visiting committee of a board, visiting a school, has no authority to interfere with the methods of instruction pursued by the teachers, nor to give orders to the teacher, nor to interfere in the recitations or assume to conduct such recitations, rwr to conduct examinations on their own account, without advising with the teachers, nor to inter- fere with the seating of the pupils. Such committee should visit the school at such times as it shall deem necessary and proper, and watch carefully the methods pursued oy the teacher, the govern- ment and discipline of the school, whether or not the teacher THE TEACHER'S RELATION TO THE TRUSTEES 141 maintains good order and discipline, etc. , etc. , and report the facts relative to such matters to the board. If, in the opinion of the board, the condition of the school is such that, in its judgment, it is not for the best educational interests of the school, then it should call the attention of the teachers thereto. No members of a visit- ing committee or the board should criticize or reprimand a teacher in the presence of the school or any pupil attending the same, as such a course will be in the highest degree detrimental to the best educational interests of the same (D. 4294). So in Minn. (43) the authority of the trustees over the interior management of the schools is entirely advisory in its character. The responsibility for the correct government and discipline of the school, as well as the adoption of such methods of teaching as seem best calculated to promote the advancement of the scholars in their several branches of study, rests solely with the teacher. Of course there ought to be and always will be a mutual interchange of views, and a cordial co-operation between teachers and trustees in all these matters, whenever a regard is had to the important interests intrusted to their charge. An illustration will make this point clear. Con- gress establishes by law the rates of postage, and the classification of mail matter : but a New York senator would not think of entering the Albany postoffice and directing the postmaster hereafter to charge 3 cents for letter-postage, or to charge letter- postage on periodicals ; he would not even assume to dictate to the postmaster whether a new periodi- cal should be received at newspaper rates, or to give directions as to the internal management of the postoffice. His power is only as a member of con- gress and in the halls of congress ; as an individual he has no more authority in the postoffice than any other individual. 142 RULES AND REGULATIONS On the other hand, the postmaster-general has entire power to enter any postoffice either personally or by messenger, and make any investigation desired into the methods employed. It is his duty to give the general directions under which post- offices shall be conducted, and any specific directions that a particular postoffice requires. He determines the classification of mail matter, and in general is entrusted with the details of carrying out the laws established by congress. The superintendent of schools in a village or city occupies the same relation to the teachers of the village or city that the postmaster-general does toward the postmasters. He is the executive officer of the board of education, and is authorized to rep- resent them in matters of detail as regards the man- agement and discipline of the school, the course of study, and the methods of teaching. He may take the place of a teacher at any time, may direct what shall be taught, and how and when it shall be taught, and may usually transfer teachers from one department to another as the needs of the school require. In some cities, like Cleveland, he has entire authority to engage and discharge teachers, and is the head of the body of which they are the members, with full power of direction. The principal of the school occupies toward his subordinate teachers much of the relation of super- AUTHORITY OF THE SUPERINTENDENT 143 intendent ; and in villages where there is no super- intendent he practically fills that place. Hence in many schools the rules and regulations are made by the principal, and are often endorsed only tacitly by the trustees. Regarding the powers of a teacher to act in absence of author- ity regularly conferred by a school board, Judge Lyons, of the Supreme Court of Wisconsin, said : While the teacher or principal in charge of a public school is subordinate to the school board or board of education of his district or city, and must enforce rules and regulations adopted by the board for the government of the school, and execute all its lawful orders in that behalf, he does not derive all his power and authority in the school and over his pupils from the affirmative action, of the board. He stands, for the time being in locoparentis to his pupils, and, because of that relation, he must necessarily exercise authority over them in many things concerning which the board may have remained silent. In the school, as in the family, there exists on the part of the pupils the obligations of obedience to lawful commands, subordination, civil deportment, respects for the rights of other pupils, and fidelity to duty. These obligations are inherent in any school system, and constitute, so to speak, the common law of the school. Every pupil is presumed to know this law, and is subject to it, whether it has or has not been re-enacted by the district board in the form of written rules and regulations. Indeed, it would seem impossible to frame rules which would cover all cases of vicious tendency which the teacher is liable to encounter daily and hourly l. Yet it must never be forgotten that in regard to the hours of school, the course of study, the adoption of text- books, the general regulations, and the expulsion of pupils, the action of the teacher has no legal force until formally endorsed by the trustees 2 . See page 37. However unbounded the confidence placed in him, a wise teacher will secure the sanction of the trustees before he an- nounces his own course as to these questions. 1 170, 255. 2 432, 436. 144 RULES AND REGULATIONS What rules may be made. While in general the rules for any particular school will depend upon its peculiar circumstances and must be left to the local authorities, there are some kinds of rules of such universal application that usage has become fixed into law and must be followed. It has been decided by the courts that whether or not a rule is reasonable is a question of law for the Court to decide and not one of fact to be determined by a jury 1 . Any rule for the school, not interfering with the rights of chil- dren or parents, or in conflict with humanity and the precepts of Divine law, which tends to advance the object of the law in establishing public schools, must be considered reasonable and proper 2 . In Ark. (66), the trustees may enforce a rule against the nse of tobacco or whiskey, or the carrying of any deadly weapon in any part of the school- building. Special chapters are given to Absence and Tardiness (page 149) ; Control of the Child's Studies (page 155) ; The Bible and Religious Exercises (page 166); Extent of Authority (page 170) ; Corporal Punishment ipage 180); and Suspension and Expulsion (page 195). The following are treated here : a. Hours of school. e. Personal cleanliness. b. Janitor work. /. Manner of attire. c. Pecuniary fines. g. Left-handed children. d. Use of tobacco. h. Outside the school. a. The hours of school. The hours of school are usually 6, 3 in the morning and 3 in the afternoon, with recesses in the middle of each session of 10 minutes for the boys and 10 minutes for the girls. 1 89, 421. 2 108, HOURS OF SCHOOL 145 Unless there is specification in the contract, it is understood that 'the hours of school are those customary in the district. Kan. (44), Md. (22). The school law does not prescribe the hour when schools shall be opened, nor the number of hours during which they shall be kept open. Custom, it is true, fixes the period somewhere between the hours of 8 A. M., and 5 p. M., but this custom may be departed from, at the discretion of the directors, and to suit the wants of the pupils. Pa. (149). Obvious hygenic requirements make recesses for each sex in- dispensable where the playgrounds are not wholly distinct. But this last is now required in New York (vii. 48 ; see page 47), and is becoming so in other States. In some schools no recesses are given, the session being shortened proportionally. It is becoming customary to dismiss primary classes before the close of each session, and is usually advisable. Ariz. (44) requires that the session shall begin at 9 o'clock and end at 4, with an intermission from 12 to 1, and recesses from 10:40 to 11, and from 2:40 to 3. In primary schools where the average age of the pupils is 8 years, the daily sessions shall not exceed 4 hours a day, exclusive of intermission and recesses ; where it- is under 8 years, the confinement in school shall not exceed 3)^ hours. Ore. (70) has a similar provision. Cal. (25) limits the num- ber of school-hours to 6, and forbids that pupils under 8 shall be kept In school more than 4 hours. Mont. (46), Ore. (41), Wash. (28), name 6 hours for pupils over 8, but per- mit the trustees to order fewer. Va. (91) prescribes that no school shall be taught fewer than 6 hours ; Fla. (25) not more than 6 or fewer than 5. Mont. (46), Ore. (70), Wash. (28) give the teacher power to dismiss all scholars under 8 after a 4 hours' session. fo. Janitor work. Pupils may not be compelled to do janitor work, like building fires, or sweeping the schoolhouse 1 . R. I. (226). Compare page 121. In 1856, Judge Cutting of the Supreme Court of Maine decided that a boy attending school might be required by the teacher to build the fire at the schoolhouse his proportion of the time, and J 440. 146 RULES AND REGULATIONS sustained the teacher for flogging a boy because be refused to make a fire (N. T. Teacher, vi. 432). But this decision stands alone, and is not good law. 38th Mass. Report, p. 151. A child who wantonly carries dirt into the school-room, or litters paper over the floor, may be required to gather up such refuse ashas been scattered. But thisis as a punishment. It may be very desirable, under certain circumstances, to have such work done to save money ; but no court will sustain a board in suspending a pupil for refusal to do the work thus required 1 c. Pecuniary fines. In New York the law con- fers upon trustees no power to inflict pecuniary fines (D. 2091), even for injury to school property 2 . Sup't Ruggles of New York wrote, Dec. 31, 1885, that pupils might be disciplined for refusing to make good damages to school property. S. B. xiii. 62. Ariz (49) imposes a fine of 50 cts. and the cost of the book upon any one losing or destroying a library book, and a fine of not less than 10 cts. for soiling it. Maine (30) imposes a fine of $10 upon any minor who defaces the schoolhouse or out-buildings by obscene writing or marks, and his parent may be compelled to pay double the damage. Mont. (38, 47), N. J. (27), Utah (13), and Wash. (30) make the parents liable for damage. Fla. (32) imposes imprisonment not exceeding 15 days, and fine not exceeding $100 upon any one who defaces a school-build- ing or appurtenances by obscene writing, but exempts pupils of the school from this penalty. Ariz. (46), Cal. (25), Mont. (38, 47), N. J. (27), Ore. (74), Utah (13), and Wash. (30) make pupils who injure or deface school property subject to suspension or expulsion. In la. a pupil broke a window costing about $3 while playing ball. The parents refused payment, and the superintendent expelled the pupil with the ratification of the trustees, but the court held that they had no right to promulgate or enforce such 1 66. 2 97, 120, 214 a. Compare 60. PERSONAL REQUIREMENTS 147 rule. Judges Rot-brock and Sweevers dissented and quoted from the code to sustain their dissent, but the boy was reinstated 1 . d. The use of tobacco. Rules may doubtless be made forbidding the use of tobacco in the school- house or on the school-grounds. S. B. xii. 62. But the teacher may not enforce such a rule against the will of the trustees. See page 138. e. Personal cleanliness. Arizona (46) provides that pupils who go to school without proper attention to personal cleanliness and neat apparel shall be sent home to make proper preparation, or shall be required to prepare themselves at the schoolhouse before entering the school-room. It adds that every school -room shall be properly provided with a wash-basin, soap, and towels. If so there should be an abund- ance of towels. There has been wide complaint where children have been forced to use the same towel with many others, with liability to contract contagious disease. Ariz. (24) also gives power to exclude children for filthy or vicious habits. f. Manner of attire. The teacher has no right to impose his notions of attire upon pupils. Their clothes must be whole and neat, but they need not follow any prescribed fashion. Sup't Weaver of New York decided April 6, 1874, that a child could not be expelie I for wearing the hair in a way forbid- den by the teacher but approved by the mother. g. Left-handed children may be urged to use the right hand, but should seldom be compelled to do so. 148 RULES AND REGULATIONS As to the right of the teacher to require left-handed children to write with their right hand, the Department will not lay down any general rule upon the subject. If a left-handed child can be taught to use the right hand in writing, it should be done ; but when a child has always used his left hand, and has come to be 12 or 14 years of age, it seems very doubtful whether it is prac- ticable to change the habit, and therefore doubtful whether the teacher should insist upon it (D. 4048). h. Outside the school and the school-grounds, the rules of the school may not extend. See page 172. It has been held, however, that ptipils may be required to attend and take part in exercises outside the school-building ; for instance, in graduating exercises at the city hall. See page 152. CHAPTER VI ABSENCE AND TARDINESS Trustees have authority to make and to enforce rules as to rgularity of attendance 1 . See pages 38- 43. Ks. (41). The parent has no right to interfere with the order of the school or the progress of other pupils by sending his own child at times and in condition or under restrictions that will prove an annoyance and hindrance to others 2 . These rules may require punishment for a. Tardiness. 6. Absence. c. Failure to bring excuse. a. Tardiness is among the most serious obstacles to successful discipline and instruction, and may be rigorously suppressed. See page 38. Tardiness, that is, arriving late, is a direct injury to the whole school. The confusion of hurrying to seats, gathering together books, etc., by tardy ones, at a time when all should be at study, cannot fail to greatly impede the progress of those who are reg- ular and prompt in attendance. The rule requiring prompt and regular attendance is demanded for the good of the whole school*. In Oregon (73) tardiness for more than an hour counts as a half-day's absence in reckoning the absence for which a pupil may be suspended. Tardy pupils should not be kept outside. See page 38. i 172. a 108. * 108. See 91 a. (149) 150 ABSENCE AND TARDINESS One of the pupils in one of the public schools of Shelby ville, Ind., came to the school -room door on an extremely cold morning m Jan., 1885, and found it locked. She therefore returned to her home through the cold and snow, and as a result both feet were frozen and permanently injured. Judge Niblack said that tardi- ness is a recognized offence against the good order and proper management of all schools, and that a tardy pupil ought not, therefore, to complain of some inconvenience or annoyance of having to remain in some other part of the building for the short period of time required to complete the morning exercises ; but he said that in enforcing such a rule, due regard must be had to the health, comfort, age, and mental as well as physical condition of the pupils, and to the circumstances attending each particular emergency. He went further, and said that teachers should relax somewhat from the strict enforcement of rules in cases of physical or mental infirmity, and that no rule, however reasonable it might be in its general application, should be enforced when that would inflict actual or unnecessary suffering. He said that the habit of lock- ing the door during the morning exercises was not unreasonable under ordinary circumstances, but that when done on an extremely cold morning, special care and attention should be given to such pupils as might be obliged to wait in some other part of the building 1 . to. Absence is also a direct interference with both the discipline and the progress of the school, and reasonable regulations against it may be enforced. See pages 41, 42. la. (38). In Missouri, suspension for 6 half days' absence in 4 consecutive weeks has been upheld 2 , and in Iowa for 6 half days' absence and 2 instances of tardiness in the same time. In this last case 3 , Judge Beck said : 1 80, See also 46, 49, 120, 154, 170, 179, 185, 199, 258, 340, 411, 430 a, 432, 440. * 383. See also 65, 202, 420. 3 108. PUNISHMENT FOR TARDINESS 151 It requires but little experience in the instruction of children and youth to convince any one that the only means which will assure progress in their studies is to secure their attendance, the application of the powers of their mind to the studies in which they are instructed. Unless the pupil's mind is open to receive instruction, vain will be the effort of the teacher to lead him forward in learning. This application of the mind in children is secured by interesting them in their studies. But this cznnot be done if tliey are at school one day and at home the next ; if a reci- tation is omitted or a lesson left unlearned at the whim or conveni- ence of parents. In order to interest a child he must be able to understand the subject in which he is instructed. If he has failed to prepare previous lessons he will not understand the one which the teacher explains to him. If he is required to do double duty, and prepare a previous lesson, omitted in order to make a visit or do an errand at home, with the lesson of the day, he will fail to master them and become discouraged. The inevitable consequence is that his interest flags and he is unable to apply the powers of his mind to the studies before him. The rule requiring constant and prompt attendance is for the good of the pupil and to secure the very objects the lav/ had in view in establishing public schools. It is therefore reasonable and proper. In another view it is required by the best interests of all the pupils of the school. Irregular attendance of the pupils not only retards their own progress, but interferes with the progress of those pupils who may be regular and prompt. The whole class may be annoyed and hindered by the imperfect recitations of one who has failed to prepare his lessons on account of absence. The class must endure and suffer the blunders, prompt- ings and reproofs of the irregular pupils, all resulting from failure to prepare lessons which should have been studied when the child's time was occupied by direction of the parent in work or visiting. 8. B. vii. 10. In Ore. (73) whenever the unexcused absences amount in one term to 7 days, the teacher may suspend him. This view of the authority of the trustees has been extended to the following special cases : 152 ABSENCE AND TABDINE8* (1) EXERCISES OUTSIDE OF THE SCHOOL-BUILDING. In 1874, two girls in the Dover (N. H.) high school refused to attend examination and graduation in the city hall on the ground that it was too public. The principal suspended them. The parents applied to Judge Doe for an injunction against the suspension, and the case was referred to the full bench at Concord. The application was denied, on the ground that the subject-matter was within the jurisdiction and discretion of the school authorities. (2) CATHOLIC HOLIDAYS. In 1874, certain Catholic children of Brattleboro were expelled from the schools for attending mass on the holy day of Corpus Christi, though their pastor, Father Lane, had asked permission from the committee for their non-at- tendance at school that morning. Judge Barrett, of the Supreme Court, decided that the committee were legally justified in acting as they did ; and went on to show that school committees are supreme in their rights over parents ; that a citizen has no more right to disregard the rules made by a school committe than he has to defy the law by which the committee was empowered. He said that if parents be allowed to set their wishes against the rules of the trustees, then practically the ground of system, order, and improvement has no existence, and it makes no difference so far as its effect on the school is concerned whether the detention involves conscience, will, whim, or the pocket 1 . (3) THE JEWISH SABBATH. In 1875, a Jewish girl was expelled from the Sherwin school, Boston, for not attending the Saturday sessions. What followed is told thus : The father sent a petition to the board. That petition was referred to the Sherwin committee. They heard the father's statement. He explained why he had kept the child from the school, and the position of the Israelites in respect to Saturday, their Sabbath. He asked that he might be permitted to send his child to school five days in the week, keeping her from school every Saturday. It was explained to him why the committee could not offi- cially make such an exceptional arrangement. They respected, however, the father's scruples in regard to work on the Sabbath, and agreed that the child might be excused on Saturdays from what he regarded as " manual labor" writing, ciphering, and the like. The father seemed satisfied with i 430. EXCUSES MAY BE REQUIRED 153 the action of the committee ; and his child has ever since been a regular attendant upon the school. See page 45. A CAUTION. It is therefore safe to consider this the prevail- ing law, at least in the eastern States. But we believe it is some- times carried so far as to work our school system serious injury. In this last case we have intolerance enforcing hypocrisy. The child's religion either does forbid her to work on the Sabbath, or it does not. If it does not, there is no reason why she should not "write, cipher, and the like ", as well as the rest. If it does, then she should not attend school at all. Her presence, under these conditions, teaches every Christian pupil in school that one's lesson may be studied or any mental labor done on Sunday which does not involve " writing, ciphering, and the like". c. Excuses from parents or guardian may be exacted in case of absence or tardiness 1 . See page 41. In Indiana a teacher may chastise a pupil for refusing to give an excuse for absence without leave 2 . Teachers are authorized to require excuses from the parents or guardians of pupils, either in person or by written note, in all cases of absence or tardiness or dismissal before the close of the school, and no excuse shall be deemed valid except that of sick- ness or necessary employment. The teacher shall be the judge of the sufficiency of excuses, subject to an appeal to the directors; provided, that boards of directors may, by formal adoption, change the character of the excuses which shall be deemed valid. Ore. (73). Teachers shall require excuses from the parents or guardians of pupils, either in person or by written note, in all cases of absence or tardiness, or of dismissal before the close of school. Sickness of the pupils, or in the family, or some urgent cause rendering attendance and punctuality impossible, or extremely inconvenient, shall be regarded as the only legitimate excuse for absence or tardiness. Ariz. (45). i 401. 2 80. 154 ABSENCE AND TARDINESS Among the rules established by the board in a certain district was this : All pupils will be required to bring written excuses from their parents to teachers for absence, and such excuses must be satisfactory and reasonable, otherwise they will not be granted. The court commented upon the rule as follows : The rule in question is not a hard or harsh one. It does not of itself indicate any sinister or malevolent purpose, or wicked force, on the part of the directors. It does not trench upon the rights or dignity of any one. We instantly and properly repel any encroachment upon our rights as citizens. We have a proper pride and ambition in maintaining these rights under any and all circumstances. But I am utterly unable to understand how this simple rule or regulation, requiring the pupil in certain cases to bring a written excuse from its parents to the teacher, is an attack upon, or an abridgment of, our inalienable rights as citizens of this free country 1. CHAPTER VII CONTROL OF THE CHILD'S STUDIES Power of the trustees. That the trustees have power (a) to establish the course of study : that is to select the branches to be taught in school ; and (6) to grade or classify the pupils, is undisputed. Whether they have (c) the power to compel every child in school to follow the course of study has been a subject of violent controversy. a. The course of study is to be prescribed by the trustees 1 (vii. 47.11; viii. 15.3; D. 1682). See page 43. In Me. Judge Appleton said that if the legislative code within constitutional limitations should prescribe a course of study however unwise, or books however immoral, he was not aware of any power on the part of the court to interfere 2 . In Nev. (appendix, 1895, 3) the State board prescribes the course of study. In N. D. (43) this power is subject to the approval of the county superintendent. In S. D. (33) teachers must follow the course of study recommended by a majority of the county super- intendents of the State, and the superintendent of public instruc- tion. High schools may be supported by taxation 3 . Algebra may be included 4 , and rhetoric 5 , and composition 6 (D. 1687, 1874, Ore. [73]), and declamation 7 (Minn. [73] ; Ore. [73]), and German*. 1 89, 108, 151, 179, 185, 258, 310 a, 411, 420. 154. 3 167, 169, 187, 193, 203. * 112, 114. s 340. a 411. 7 258, 432. * 55. 234, 444, (155) 156 CONTROL OF THE CHILD'S STUDIES In Me. (12, 13) ancient and modern languages and music cannot be taught in the high schools except by direction of the superintending school committees. See other restrictions on the following page. (1) TEXT -BOOKS are also to be adopted by the trustees (xv. 9, 10), and these and these only are to be used by the pupil 1 . In New York district schools, the district adopts the text-books. See pages 23, 44, 55. In Ga. (18) the teacher may not receive pay if he permits the pupil to use other than the prescribed text-books. (2) REQUIREMENTS. In New York, as in nearly all States, one requirement is that physiology, so far as it pertains to the hygienic effects of stimulants and narcotics, shall be taught in every school receiving public money 2 . S. B. xv. 86 ; xxi. 210. Draw- ing must be taught in union schools (xx. 22). For course of study required in high schools, see page 60. N. D. (47) requires that all reports, records, and proceedings shall be kept in the English language, and that no public money shall be expended in supporting a school in which the English language is not taught exclusively. Ore. (73) requires stated exercises in composition and decla- mation. Ariz. (46) requires in all primary schools vocal and breathing exercises of 3 to 5 minutes each at least twice a day. Cal. (24) requires that attention must be given to physical exercises, and to the ventilation and temperature of school-rooms. Ore. (71) requires the teacher to attend to the temperature of the school -room, to see that the doors and windows are open at each intermission, to see that his pupils take exercise, and to encourage healthful play at recess, prohibiting all dangerous and immoral games. Wash. (3) requires attention during the entire course to the cultivation of manners, the laws of health, physical exercise, ventilation and temperature, and not less than 10 minutes each week to systematic te, Wash. (29), W. Va. (37), etc. For New York, see Rev. Statutes, 1104, 25, 26 ; chap. 438, laws of 1860; chap. 25, laws of 1893. e. Unvaccinated children may be excluded by the laws of most States 3 . See page 42. In Mass. , children who present a certificate signed by a regular practising physician that they are unfit subjects for vaccination may be admitted to the school without vaccination. Chap. 515, laws of 1894. Va. (69) permits the law on this subject to be sus- pended. In Pa. (69) teachers are required to refuse admission to children except on a certificate signed by a physician setting forth that such child has been successfully vaccinated, or has previously had small -pox. f. Colored children (if of African descent, W. Va. [42] ) may be excluded in many States from schools attended by white children 3 . See page 38. See Ark. (50), Fla. (50), Ga. (17), N. C. (13), Tenn. (23), Tex. (8), Va. (67), W. Va. (42). In other States no discrimination is permitted 4 . See N. J. (28), Pa. (152). In Wy. (27) separate schools may be established for colored children where there are 15 of them. 1 108, 154, 179, 185, 199, 420, 421. 2 13 a. 11, 55 a, 76 a, 128 a, 132, 286 a, 302 a, 325, 332 a, 334 a. * 3, 11, 13, 106 a, llOa, 110 b. 112 a, 202, 253, 268 a, 268 b, 315, 333, 361. EXPULSION ONLY FROM SCHOOL 201 SIMILAR DISCRIMINATIONS are made against the Chinese in Cal. (23), and against the Indians in Cal. (24) and in N. Y. (vii. 37). g. Incapacity would seldom be a sufficient cause. A child was excluded from the school by a teacher, with the trustee's approval, upon the alleged ground that he was idiotic, lacked capacity for education, and was unable to care for himself. Evidence offered before the school commissioner did not sustain the charges, but rather refuted them. I suppose the true rule touching such a case is that the child should be permitted to attend the school unless his presence is obnoxious to others, and unless he is so weak-minded as to be in- capable of caring for himself and receiving the elements of an edu- cation. The school ought to help this boy if it can do so without detriment to the interests of other pupils. Not the mere pleasure or convenience of the teacher is to be considered, but the efficiency and success of the school. Although he may be the occasion ot some annoyance, and of a little unusual care and attention, he should be permitted to continue in the school unless his presence there will injure it (D. 3891). Expulsion is only from school. It is not in the line of duty for trustees to refuse a person expelled from a school the quiet enjoyment of an exhibition held by a literary society of a school in a school-building. In charging the jury in such a case, the judge re- marked : To say that a student expelled from a school for disobedience to some municipal regulation should be excluded from attending a prayer meeting or public lecture in the schoolhouse or college premises for all time to come, without any evidences of improper conduct or suspicion of improper purposes, would be an exercise of tyranny over his private rights not vested in the trustees, directors, or professors of our educational institutions 1 . 202 SUSPENSION AND EXPULSION How to enforce expulsion. If a pupil who has been suspended or expelled refuses to leave the building, the teacher or trustee may at once enter a complaint before any justice of the peace or city magistrate under the provisions referred to on page 172. If any scholar, after notice, shall attend or visit a school which he has no right to attend, or shall interrupt or disturb the same, he shall be fined for the first offence $5, and for any subsequent offence $10, or be imprisoned not exceeding 30 days. N. H. (30). So Ariz. (36 ; Cal. (40); Fla. (31); Md. (22); Mont. (61); Mo. (61); Nev. (22); N. C. (37); N. D. (69) : Ore. (42) ; R. I. (108, 284) ; 8. D. (34); W. Va. (39, 40). How long expulsion should continue when a pun- ishment for bad conduct has been a subject of con- troversy. a. The usual view is that the expulsion should continue till repentance is shown. ONE NEW YORK DECISION. On April 8, 1874, L. H. Hanchett was suspended from the union school at Phoenix, N. Y., "for disrespectful conduct and language towards his teacher," and the board refused to restore him until he should make apology. He refused to make such apology, on the ground that he had been unjustly dealt with in reference to a certain examination, and more than a year afterwards he applied to the State superintend- ent to be readmitted to the school without apology. The Super- intendent's decision reads as follows : The language of the appellant to his teacher was such as no provoca- tion would ever justify a gentleman in using toward a lady, as the teacher is ; and the appellant's own sense of self-respect and of what under the cir- cumstances was due from him to his teacher should have led him to make the apology of his own free-will, without a demand for it from the board in behalf of the offended party. But it appears that the appellant persistently refuses to do not only the teacher but himself justice in the matter, for in view of the offence committed, making at least the reparation of an apology for the DURATION 203 language used, was, in my opinion, an act of justice even to himself, which he should have been not only willing but eager to perform. But in view of the fact that the appellant has already been kept from the privileges of the school for more than a year, and that such a suspension may be well deemed a sufficient punishment for the offence, committed as it probably was under unusual excitement and by a scholar of uniform previous good conduct, the appeal is, I must admit with considerable reluctance, sustained, and the respondents are directed to restore the appellant to the privileges of the school, on presenting himself for that purpose. Letter book. State Dep't, July 21, 1875. The principle here affirmed is that when the sus- pension has been continued long enough to be a sufficient punishment, the scholar must be received without acknowledgment of the wrong committed. But New York has had only one administration capable of rendering such a decision, and is not likely to have another. The usual ruling is given in the decisions which follow. THREE OTHER NEW YORK DECISIONS. (1) Henry Merrill, 17 years old, a pupil in the school at Lyons, assaulted John H. Pat- terson, acting principal of the school, and on the next day when school was in session charged him with lying and offered to fight him. When called before the board he admitted this, and justi- fied his conduct, whereupon he was suspended, and his guardian appealed. There can be no doubt of the power of local school authorities to suspend pupils from school privileges when their conduct is so wilfully insubordinate as to be destructive of the good order and efficiency of the schools. There are undoubtedly some cases which would justify an entire and perpetual taking away of school privileges. There are many more cases which call for a temporary taking away of such privileges, to continue until such time as the pupil gives satisfactory evidence of his willing- ness lo submit himself to the discipline of the school * * * This Department will not be inclined to overrule the action of the b ;a.-d i.i this case, at least before it is shown that it refuses 204 SUSPENSION AND EXPULSION to readmit Merrill to the privileges of the school after he has given abundant proof of regret for his misconduct, and readiness to sub- mit unreservedly to the discipline of the school (D. 3596). (2) The action of a teacher and of a board of education in sus- pending a pupil will be upheld when it is shown that the pupil was disorderly and refused to obey the teacher and properly deport himself in the school. Until it has been made to appear by proof that the pupil has been subjugated and is ready to properly conduct himself, he should not be admitted to the privileges of the school (D. 3689). (3) Appeal from the refusal of the trustees of a district to re- ceive a pupil in the school who had been expelled for a breach of discipline. The boy has been denied the privileges for several weeks. The act for which the punishment was inflicted was evidently the result of momentary impulse, and for which he is now contrite. Nothing is shown against him but this one act. Held, that he should be admitted to the school (D. 3861). IK OTHER STATES. In 111., when a pupil has been suspended, and uses gross vulgarity and profanity to the board on being called before it, he forfeits his right if any to reinstatement until reparation is tendered 1 . In Me. (20) the trustees may expel any obstinately disobedient and disorderly scholar, and restore him on suitable evidence of his repentance and amendment. In R. I. the principle involved has been clearly stated. On March 9, 1870, a scholar named Fuller resisted the authority of J. I. Davenport, principal of the Woonsocket high school. The teacher suspended him. The committee justified the teacher in the suspension, but voted to restore the boy unconditionally The teacher appealed from the committee to the State commis- sioner of public schools, who rendered the following decision : In the case of Master Fuller, no punishment has yet been inflicted for the offence committed, save that indirectly following the publicity of sus- pension from school ; and so far as the vote of the committee extends, there has been no requirement made which secures to the governing power of the 168 a. DURATION 205 school a recognition of the violation of law, or a proper pledge of future obedience. If the scholar so disobeying be allowed to return to the school- room without such acknowledgment of wrong, or a promise of future obedi- ence, the discipline of the school would instantly be degraded to the posi- tion occupied by the offender, and to a state of discord in harmony with the offence. On the other hand, the recognition, on the part of the offender, of the offence committed, as well as an acknowledgment of the authority of the teacher to regulate the internal police of the school, with a pledge of future obedience, not only honors proper and legitimate government and establishes it upon a proper basis, but it also honors the instinctive regard for truth, virtue, and correct deportment on the part of those who may have fallen into a fault, perhaps hastily and thoughtlessly. Upon this view of the case stands the whole question of good government and discipline at home or at school. If the parent or teacher be at once deprived of the power of judging of the value of an offence, from its intrinsic charac- ter and its attendant circumstances, and also of the power to administer merited punishment for offences, as well as of the granting of pardon and forgiveness on the ground of true reformation, the whole foundation and superstructure of disciplinary government are thrown down, and misrule must and will prevail. The wise and judicious teacher is jealous of his true rights and preroga- tives, and is the best judge as to the influences of the school-room which help on the one hand to maintain, and on the other to subvert, good govern- ment. The look and the gesture may mean more of good or ill than the word or the act ; and it would not tend to the welfare of our schools, or to the support and dignity of home or school government, to subject every act of the teacher or the parent to the severe tests of legal scrutiny, or the partisan attacks of interested counsellors. In view, therefore, of the gen- eral application of the vote passed by the school committee of Woonsocket, by which said committee decided to admit Master Fuller to regular standing in the high school, and in view of its specific application to the school of which he is a member, as well as its practical influence upon all the schools of the town, if carried out, I am forced to the conclusion that it would not be for the welfare of the schools to allow this vote to be carried into effect, and I therefore declare said vote to be null and void. Manual 1873, pp. 145, 146. b. In some States the statute limits the period of expulsion to the current term. Among these are Kan. (41), Neb. (87), N. D. (43), Ohio (85), 8. D. (26), Utah (9). No damages for expulsion in good faith. Trustees are not liable for damages for expelling a pupil, 206 SUSPENSION AND EXPULSION even though the rule be unwarrantably severe, pro- vided they act in good faith 1 . To recover damages, the person must first appeal to school officers who have the power to reinstate him, if there be such 2 , and prove the action of the officers excluding him to have been wanton and malicious 3 . In Mo., it was decided that when trustees had expelled a pupil for attending a social evening party in violation of a rule of the school, no suit for damages could be sustained. (See page 178.) The court said : Whether the rule was a wise one or not, the directors and teachers are not liable to an action for damages for enforcing it, even to the expulsion of the pupil who violates it. While this court might, on mandamus to compel the board and teacher to admit a pupil thus expelled, review the action of the board and pass upon the unreasonableness of the rule which we do not, however, decide here yet the doctrine that the courts can do this is very different from that which would hold the directors liable in an action for damages for enforcing a rule honestly adopted for the maintenance of discipline in the school. That such an action is not maintainable is fully established *. Judges Norton, Napton, Hough, and Sherwood concurred in the following view : It certainly could not have been the design of the legislature to take from the parent the control of his child while not at school, and invest it in aboard of directors or teacher of a school. If they can prescribe a rule which denies to the parent the right to allow his child to attend a social gathering, except upon pain of expulsion from a school which the law gives him a right to attend, may they not prescribe a rule which would forbid the parent from allowing the child to attend a particular church, or any church at all, and thus step in loco parentls and supersede entirely parental authority? The directors, in prescribing the rule that scholars who attended a social party should be expelled from school, went beyond their power, and invaded the right of the parent to govern the conduct of his child, when solely under his charge. My concurrence in the opinion of the court is based upon the sole ground that malice, oppression, and wilf ulness on the part of the defend- ants are not sufficiently charged in the petition 5. Whatever damages are recovered are for the child, and not for the parent 8 . l 411. 2 171 a. 54, 65. 4 65, 74, 77, 113, 153, 154, 171, 199, 232, 295, 332, 340, 855 b, 358. But nee 10, 23, 227, 257, 273, 274, 298, 300 a, 300 b, 335. * 232. 8 295, But see 335. RELATION TO COMPULSORY LAWS 207 Another point of view. We have treated the law of expulsion as laid down in the statute and estab- lished by decisions. It will be observed that it is based upon the principle that to attend school is a privilege, to be debarred from which is a punish- ment. But how is this to be reconciled with the principle of compulsory education (see page 43)? Here we have the law with one hand compelling children against their will to enter the school, and with the other making exclusion the penalty for misbehavior. The most serious punishment which can be inflicted by a mas- ter is expulsion from the school. It is necessary for the master to have such a power as a last resource in the case of incorrigible misconduct, and also for the protection of his other charges from the evil influence of an unusually vicious pupil. Expulsion how- ever cannot be inflicted by the master of a board [public] school; for the attendance of a child at such a school is compulsory by law, and, unless the child be guilty of an offence justifying his being sent to a reformatory or industrial school, his expulsion from a board school would imply, most probably, the entire cessation of his education. Also when parents are compelled to send their children to school under the provisions of the Elementary Educa- tion Acts, they are only excused from sending them to a board school for certain reasons, none of which is that the child has been expelled ; therefore, if a child could be expelled, we should have the father in the awkward position of being liable to a pen- alty for not causing his child to attend a school, to which the master of that school refused to admit the child. Disney's Law relating to Schoolmasters, pages 89, 90. The teacher's dilemma. There is no effect to law unless there be a penalty for its infraction. The final penalty in school has always been either cor- 208 SUSPENSION AND EXPULSION poral punishment or expulsion. But the former is discouraged, if not forbidden, and the latter is in- consistent with compulsory education. Expulsion is the last resort ; and if the pupil persists and the teacher is not strong enough to compel him to leave the school, the punishment would fail if she could not call some one to her aid. But in case of final punishment, if the teacher cannot punish she still has the final resort of suspension or expulsion 1 . On Oct. 12, 1887, while John H. Clark, superintendent of schools in Flushing, was speaking to the pupils in one of the rooms on a matter of discipline, Anthony Brown, 17 years old, rose and looked round at the other pupils in a contemptuous man- ner. Mr. Clark took hold of him, and a trial of strength ensued, so severe that the janitor had to interfere in behalf of the teacher. The boy apologized before the school and promised better behav- ior. The next day his class teacher reported that he was contin- uously troublesome, and sent him to the principal. Mr. Clark remonstrated with the pupil, who grew insolent and abusive and dared the superintendent to put him out of the school. Mr. Clark suspended him and directed him to leave the building. The next morning the boy appeared again, and was a leader in scattering paper caps upon the floor, and in exploding them. Thereupon the boy was removed from school, and the action was sustained by the board of education. Held that the public had no right to call upon teachers to test their physical powers with those of young men already grown to man's estate (D. 3689). This case was also tried in court, and a similar decision was rendered by Judge Brown. The teacher may not punish a pupil for refusing to do what the parent has requested he be excused from doing, even when such refusal justifies the board in suspending or expelling 2 . Governor Dix believed that corporal punishment was preferable to expulsion. He said : A teacher, must for the purpose of maintaining proper order I 401. 2 80. 82. 114, PUNISHMENT VS. EXPULSION 209 and discipline in his school, have a right to employ such means of correction as he may deem necessary to the accomplishment of the object. For any unnecessary or excessive severity he would be answerable for damages in a suit of law to the person aggrieved. A teacher ought not, I think, to dismiss a scholar from school. From the nature of the common school system, teachers are, as a general rule, bound to receive and instruct all children sent to them. If a scholar is so refractory that he cannot be managed, and his dismission becomes necessary to the preservation of order, I think the teacher should lay the matter before the trustees for their direction; but not until the ordinary means of correction had been fully tried and found unavailing. Decisions, page 145. (/ Better chastise than expel. We believe this to be sound doctrine. While corporal punishment should be seldom necessary, the pupils should not know that the power to inflict is taken from the teacher. Impertinence, for instance, always the utterance of a weak and cowardly nature, can be easily checked only by the certainty of immediate and physically painful punishment. Deprivation of recess or extra tasks often develop it into confirmed insolence, and expulsion follows. The boy whom one tingling blow of the ferule might have saved, grows up in low- bred ignorance. Instances like this we have known ; and we do not believe that boards of education should take away this right of the teacher, or that teachers themselves should ostentatiously renounce it. If the teacher has determined to maintain good order with- out the use of the rod, it does him honor, and we wish him success. But let him keep his resolution to himself. There are pupils who fear only what 210 SUSPENSION AND EXPULSION hurts them ; and they may bring about a crisis when only the rod, and that vigorously applied, will maintain order in the school-room. But we have shown (pages 187 to 194) that modern sentiment is growing so strongly against corporal punishment that it is a dangerous power to exercise, even where it is permitted. Besides, it is asking a good deal of young teachers, especially of young women, to control unruly boys by physical force. Evidently as a last resort some new punishment must be substituted for persistent bad conduct in school. The truant school is the solution of the difficulty. Every system of schools should have such a school, not penal but reformatory, to which refractory pu- pils may be sent. Without such schools no com- pulsory law can be effective. As to the right of the State to send children to such a school 1 , see Cooley's Constitutional Limitations, 299. 1 37, 333. 435, 442. CHAPTER XII IN LOCO PARENTIS We come now to a relation of the teacher toward his pupil too broad and general to be defined by statute law, but referred to in common law under the expression in loco parent-is in place of the parent. The master is in loco parentis, and has such portion of the powers of the parent committed to his charge, viz. : that of re- straint and coercion, as may be necessary to answer the purpose? for which he is employed 1 . Blackstone's Commentaries, \. 453; Bislwp's Common Law, 7th ed., 882 ; ScTiouler's Domestic Rela- tions, 4th ed., 244 ; Addison on Torts, Wood's ed., 840. Ark. (69), Pa. (137). For previous reference to this relation, see pages 143, 175, 177, 181, 206. In case of a private school, the parent may withdraw the child at any time, and thus terminate the teacher's delegated right'. There is a tendency to regard this phrase as a legal fiction, and to consider it the sole duty of the teacher to instruct in the branches laid down in the course of study, relieving the teacher at once of the responsibility and of the right to control the pupils in any thing outside of their studies. The attendance and the character of the pupils and even their conduct while in school would be no concern to 1 2, 189, 358, 436. * 455 b, 455 C. (211) 212 IN LOCO PARENTIS the teacher. If the child failed to comply with the prescribed regulations, the remedy would be simply to expel him. This view, emphatically set forth in a prominent magazine*, we believe no true teacher ever held. The old Massachusetts law has the true ring of sound educational principle : It shall be the duty of the president, professors, and tutors of the University at Cambridge and of the several colleges, of all preceptors and teachers of academies, and of all other instructors of youth, to exert their best endeavors to impress on the minds of children and youth committed to their care and instruction the principles of piety and justice, and a sacred regard to truth ; love of their country, humanity, and universal benevolence ; sobriety, industry, and frugality ; chastity, moderation, and temperance ; and those other virtues which are the ornament of human society and the basis upon which a republican constitution is founded ; and it shall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above-mentioned virtues to preserve and perfect a republican constitution, and secure the blessings of liberty, as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite views. 38th Report, p. 147. Dignity of the teacher's office. The teacher should feel that he is not a hired servant of the individual inhabitants of the district, to be criticised and thwarted, and at the best but tolerated. He has legal rights, and no inconsiderable legal authority. He should deserve and demand the respect due the dignity of his office. " Pull off thy hat, Sire," said * The National Teacher's Monthly, for June, 1875. BREADTH OF THE TEACHER'S WORK 213 the schoolmaster to Charles II., " for if my scholars discover that the king is above me in authority here, they will soon cease to respect me." Not scholars alone, but men and women. Our pub- lic schools were created to make, not scholars simply, but men and women. When education is confined to the imparting of certain branches of knowledge, it will have no claim to be maintained at public expense. Penmanship and physics taught where only the intellect is trained, are as likely to be the weapons of the forger and the burglar as they are to be the support of law-abiding citizens. Healthy care of the mind and body, a right purpose in life, sound and intelligent morality these are the lessons the public school should instil ; beside them, arith- metic and grammar and geography are incidental in importance. They must first be exemplified in the teacher's life, and thus become a continual lesson to every pupil. But this is not enough. The true teacher will know his pupils as individuals, and will feel in each an interest which only the term parental describes. Friendly hints. He sees among his pupils a slovenly boy. Judiciously, quietly, here a little and there a little, he conveys hints that bear fruit in clean hands, polished shoes, and brushed clothes. He notices a girl too showily dressed, and, choosing his time, appeals to her kindness not to make her 214 IN LOCO PARENTIS less wealthy neighbors uncomfortable. He observes a pale student who never goes out at recess, invites him to a walk, and impresses upon him the futility of cultivating the mind to the neglect of the body. He overhears the coarse expressions of a good- natured, stable-bred young fellow, and finds occa- sion to point out to him that the only sure indication of culture is the language one uses. He finds untruth a prevalent vice. Not satisfied with general instruction, exhortation, and reproof, he seeks out the individuals in whom it is most alarming, and impresses upon each that the lie stamps the utterer at once a coward and a fool. He sees in a pale face, and reserved, absent-minded manners, indications of a most common and deadly crime. Cautiously, kindly, but steadfastly, he labors to save a life from ruin and a soul from perdition. These, and such as these, are the efforts which task the conscientious teacher. He dishonors his profession who neglects them. A high ideal. We are told that this is a great deal to require ; that it demands of the teacher a combination of talents with common-sense which would make him eminent in any profession. True enough : and why not ? The time has been when he became a teacher who lacked the brains to succeed at anything else. May the time come when he shall become something else who lacks the brains to succeed as a teacher. Away with the narrow- A TRUE TEACHER 215 minded notion that the teacher need only impart square feet of problems and linear yards of para- digms. No other profession exacts at once such thoroughness, such judgment, such insight into human nature, such sincere politeness, and such honest manhood and womanhood. A personal tribute. The compiler of this book has been under the instruction of many teachers, in ungraded, grammar, and high schools, in the academy, in the college, and in the professional school. Among these teachers were learned men and noble men, whom he respects and reveres. But of them all, he recognizes but one as having exacted upon him a marked influence. Nor can he better close these articles than by quoting here a grateful reference which he made years ago to the truest teacher he ever knew Rev. William Hutchison, late principal of Norwich (Conn.) Free Academy : I can imagine no life more unsatisfactory than that of an incapable teacher. Bullied by the large boys ; himself a bully to the smaller ; jeered to his face ; insulted behind his back ; his school a bedlam; his recitations a farce ; hired only because cheap he draws his grudgingly paid stipend in the delusion that he is respectable because a professional man. Such wert not thou, O Zeus name fortuitously bestowed, but applied in no disrespectful spirit, and cherished among the healthiest recollections of the past. Happy were we who sat at thy feet. Happy in sound and accurate instruction ; happy in the instilment of a love for thorough scholarship ; happy in the example and fellowship of one who was in every way a man. We were careless and wayward ; far less than we ought did we profit 216 IN LOCO PABENTIS by thy teachings ; but the most Indifferent of us failed not to catch some warmth from thy glowing countenance, and the most earnest gladly acknowledged thy quickening influence. If it be noble to give one's every energy to his calling ; to wrestle with bodily infirmity that one's duty be faithfully performed ; to per- severe amidst perverseness and ingratitude in conscientious atten- tion to the minds and characters of one's pupils then wert thou a nobleman. And if it be a satisfaction to have wrought in all committed to thy charge a lasting impression of the dignity of Christian manhood, then hath thy life's labor been not unre- warded. Tale Literary Magazine, June, 1869. TABULAR ANALYSIS PAGE THE TEACHER'S QUALIFICATION 89 Necessity of a license - 89 How licenses are obtained 89 a. Uniform certificates - 89 b. Training-class certificate - - 91 c. Drawing certificate - 91 d. Kindergarten certificate - - 91 e. Vocal music certificate - - - 92 /. College -graduate's certificate 92 g. State certificate - - 92 Table of uniform examination requirements 93 h. Normal diploma - - 94 i. Temporary licenses - 94 Certificates of other States - - 94 Examination a requisite ... 95 Further requirements - - - - - 96 The teacher may appeal - - 98 Restriction upon city and village teachers - - 98 How licenses are annulled 98 a. Moral character - - - 99 (1) Only present offences considered 99 (2) The teacher must have notice - 99 (3) The charges must be specific 99 (4) The offence must be serious - 99 J. Deficiency in learning 100 c. Ability to manage a school - - 101 d. Attendance at institute - 103 e. Keeping engagements - 103 Various derelictions 103 The teacher's defence 104 (217) 218 SCHOOL LAW AS TO TEACHEfcS PAGE: MAKING THE CONTRACT 105 Prerequisites - 105 a. Necessity of a license 105 (1) The certificate sufficient evidence - 105 (2) Must be held when contract is made 105 (3) Must extend over entire contract - 106 (4) An unlicensed teacher can draw no pay 107 (5) He may not teach without pay - 107 (6) He commits assault and battery if he chastises 107 6. Required age 108 c. Relationship 108 Minors 108 Married women - 109 Members of religious orders 109 With whom contract is made - 109 a. If there be one trustee - 110 b. If there be three trustees - 110 c. If there be two trustees - 111 d. In union schools - 111 e. Relation of time of contract to term of office - 111 CONDITIONS OF CONTRACT 113 Written contract required 113 Specifications of contract - - 113 a. Duration - 114 (1) For specific period 114 (2) By the year, or by months, weeks, or days 115 The month is 20 school days 115 (3) Holidays 116 (4) Teachers' institute - 116 (5) Enforced vacation, for 117 Contagious disease - 118 Burning of school house 118 Wrangling among the trustees 118 Closing for lack of funds 118 b. Amount of compensation - 118 Extra pay 119 Instructing non-residents - -119 TOPICAL ANALYSIS 219 PAGE Instruction in outside branches 119 Janitor work - 119 c. Time of payment - 119 d. Manner of payment - - 120 (1) Salary must be paid to the teacher - 120 (2) Salary must be paid in cash - 120 (3) How to enforce payment 120 e. Janitor work - - 121 /. Precise work as a teacher 121 g. The school register - - 122 BREAKING THE CONTRACT 124 By the teacJier - 124 By the trustees - ... 124 Opportunity to be heard - - 125 Sufficient cause - - - - - 126 a. Immorality ...... 126 b. Incapacity to teach ... 126 c. Neglect of duty - - - 127 d. Cruelty 127 e. Insubordination ... - 127 /. Bribery or agency - 128 g. Closing school without consent - 129 (1) Consent must be official 129 (2) Trustees provide the substitute - - 129 (3) Teacher must make effort to continue 129 (4) If he abandons contract, no pay - 130 (5) Temporary illness 130 h. Mere dissatisfaction no cause 130 i. On payment of damages 131 k. Pensions - 131 Proper method of procedure - 132 Liability for criticism 133 The teacher's defence 134 a. Appeal to the courts - 134 b. Appeal to the State superintendent 135 Recovery of wages - 1 36 The Hoose-Gilmour case - 136 220 SCHOOL LAW AS TO TEACHERS PAGE Damages for injustice - 137 RULES AND REGULATIONS 138 Original authority in the trustees - 138 Rules must be officially adopted 138 The school commissioner - - 139 Beyond the rules, power lies with the teacher 139 The teacher's place and authority - 139 Horace Mann's view 139 The law of to-day - 140 An illustration - - 141 The superintendent's authority - - 142 What rules may be made .... 144 a. The hours of school ..... 144 b. Janitor work .... 145 e. Pecuniary fines ..... 146 d. The use of tobacco .... 147 e. Personal cleanliness ..... 147 /. Manner of attire ..... 147 g. Left-handed children .... 147 h. Outside the school .... 143 ABSENCE AND TARDINESS - - - - 149 Trustees have authority 149 a. Tardiness - - - 149 b. Absence - - 150 (1) Exercises outside the school-building - - 152 (2) Catholic holidays 152 (3) The Jewish sabbath - 152 c. Excuses may be required 153 CONTROL OF THE CHILD'S STUDIES - 155 Power of the trustees - - 155 a. The course of study - 155 (1) Text- books - 156 (2) Requirements by statute - - 156 (3) Permissions by statute - - 157 (4) Restrictions by statute .... 157 b. Grading of pupils ... 158 c. Compelling pupils to follow the course - - 158 TOPICAL ANALYSIS 221 PACK Text-books 159 The Wisconsin decision - - 159 An Illinois decision - 161 A New York decision - 163 Modern tendency of opinion - - - 164 THE BIBLE AND RELIGIOUS EXERCISES 166 The law in New York - 166 In other States - 168 Religious services in schoolhouses - - 169 EXTENT OF AUTHORITY - 170 Derivation of authority ----- 170 Extent of authority - - 170 a. In the school -room, absolute - 170 Trustees - 171 Protection by law - 171 b. On the playground absolute 173 c. On the road concurrent - 173 Statute provisions in many States 174 Horace Mann's opinion - - 175 In New York 176 d. After the pupil reaches home - 177 e. Recess 178 /. Detention after school - 178 g. Punishment inflicted only on school premises - 179 CORPORAL PUNISHMENT - 180 4 legal right of the teacher - 180 General principles - - 182 a. Largely in judgment of the teacher - 182 b. Any required force may be used - - 183 c. No unreasonable violence 185 d. Sufficient cause - 185 e. The instrument - 186 /. The part of the person - 186 g. In proper spirit - 187 h. Proportionate to offence and pupil - - 187 A change in sentiment 187 Illustrative cases ... - 189 222 SCHOOL LAW AS TO TEACHEES PAOB (1) One in North Carolina 189 (2) One in Illinois - 190 (3) Four in New York 191 SUSPENSION AND EXPULSION - 195 The right to attend school 195 The teacher may suspend - - 195 The teacher can not expel 196 The trustees may expel - - 197 Sufficient cause ----- 197 a. Immorality - - 198 b. Insubordination - 198 c. Damage to school property - - 199 d. Infectious disease 200 e. Unvaccinated children 200 /. Colored children - 200 g. Incapacity - - - 201 Expulsion is only from school - 201 How to enforce expulsion - - 202 How long expulsion should continue - 202 a. The usual view - - 202 One New York decision - 202 Three other New York decisions - - 208 A Rhode Island decision - 204 b. In some States limited by statute - - 205 Damages for expulsion - 206 Relation to the compulsory law - - 207 The teacJiers' dilemma - 207 Compared with corporal punishment - 209 The truant school essential 210 IN LOCO PARENTIS 211 Dignity of the teacher's office 212 Not scholars, but men and women - - 213 Friendly hints - 213 A high ideal - 214 A personal tribute 215 LEGAL DECISIONS These are referred to by number in foot-notes at the bottom of pages. Where the page is in italic, some description of the case is given. Where it is in heavy-face, quotation from the decision is given. ALABAMA Pages of 1 . . 6 Ala 501... .109 2 . .88 169... .187. 211 ARKANSAS 3 . .27 Ark. 116... .200 4 . .52 511... .110 5 . .53 468... .105, 107, 112, 126 6 . .55 47... .132 8 . .138. W. 132... .110 CALIFORNIA 10 . . 6 Cal. 94... .206 11 . .48 36.. =17 Am. Rep. 405. 13 . .54 28... .178 13 . .82 588... .200 13 a. .84 226. . . .200 14 . .13 Pac. 329... .113 COLORADO 15 . .15 Colo. 367. .115, 136 16 . . 1 Colo. Ap. 27. .105, 106 CONNECTICUT 17 . .13 Conn. 227... . 20 18 . .26 607... .172 18 a. .27 499... .169 19 . .33 298... .134 20 . .36 280... .111 21 . .41 442... .139, 171, 197, 198 22 . .46 400. . . 158, 178, 195, 200 (223) 224 COMMON SCHOOL LAW CONNECTICUT Pages of this volume. 23 . .47 Conn. 365. . . .206 24 . .53 481. ...139, 187 DELAWARE 26 . . 3 Houst 633. GEORGIA 28 . .61 Ga. 477. ...130 ILLINOIS 30 . .15 111. 65. ...97, 105 31 . .16 147. . . .105 106 32 . .32 300 33 . .36 71. ...105 126, 127,132 34 . .39 101. ...105 35 . .39 609. ...105, 106 35 a. .42 441. . . .169 36 . .45 12. . =2 Bradw. 458. 97, 98. 102 37 . .55 280. . . .210 38 . .56 476. 39 . .63 350. . . .38, 144 40 . .67 511. ...110, 130 41 . .68 154. ...120 42 . .69 80. ...105 43 . .71 383. ...178 44 . .71 532. ...106, 107 45 . .71 732. ...105 46 . .79 567. ...150, 156, 160, 178, 198 47 . .86 595. ...105, 136 48 . .87 255. ...105, 106, 112 162 49 . .87 303. . =29 Am. Rep. 55. 38, 150, 156, 178, 198 50 . .88 553. ...129 51 . .88 563. ...124, 129 52 . .89 567. ...198 52 a. .93 61. ...169 53 . .92 293. ...105, 106, 112 53 a. .95 96. . =35 Am Rep. 163. 54 . .95 263. ...156, 168, 169,206 55 . .97 375. ...146, 155, 198 55 a. 101 308. . . .200 LEGAL DECISIONS 225 ILLINOIS Pages of this volume. 56 ".112 111. 11.... 105 57 .117 30.... 59 . .2Ill.App.458. .=45 111. 12. 126, 134, 136 60 . . 2 584. .. .146, 159, 196, 197, 199 61 .. 3 349.... 123 62 .. 4 224.... Ill, 112 63 ..10 643.... 105 64 ..11 393.... 121 65 ..13 520. .. .42, 150, 154, 206 66 ..17 347.... 126, 134, 137 67 ..23 367 118 68 ..26 379.... 105, 115 68 a. .32 300 199 69 ..36 133. ...105, 136 70 . 36 653.... 105, 131, 136 71 ..24 191.... 112 INDIANA 72 .. 4 Ind. 290.... 185, 188, 189 73 .. 4 633.... 73 a.. 9 458.... 169 74 ..15 73. ...206 75 ..26 337.... 105, 107 76 . .42 200. .. .124, 129, 134, 137 76 a. .48 327.... 178, 200 77 ..51 206.... 206 78 ..67 511.... 79 ..69 80.... 105 80 . . 69 295 . . =35 Am. Rep. 216. 138, 150, 153, 182, 206 81 ..70 575.... 105 82 ..79 75.... 206 83 ..79 567.... 163 84 ..79 585.... 105, 107 85 ..80 276.... 120 86 ..82 286.... 139 87 ..96 105.... 120 88 .104 548.... 97 89 .106 478.... Ill, 112, 155 226 COMMON SCHOOL LAW INDIANA Pages of this volume. 90 .107 Ind. 351.... 123 91 .108 31.... 159 91 a. Ill 472.. =9 W. R. 394. 149 92 .126 528.... Ill 93 . . 5 West Rep. 684 123 95 ..14 KE. 68.... 96 ..15 341.... 97 ..18 266.... 146, 186 98 . .27 303. . . .110, 111 IOWA 100 ..1 la. 359 158 100 a.. 4 248 180 101 ..14 28.... 120 102 ..16 214.... 109 103 ..17 228.... 105, 107 104 ..21 590. ...137 105 ..22 171.... 109 106 ..23 531.... 195 106 a.. 24 266.... 200 107 ..30 429.... 173, 178 [200 108 . .31 562. . . .38, 46,138; 144, 149, 150, 155, 173, 195, 109 ..33 105.... 113 109 a.. 35 194. ...169 110 ..35 361.... 113 110 a. .27 145. . . .200 110 b.. 40 210.... 200 111 ..40 444.... 113 112 ..45 248.. =114; 24 Am. Rep. 769; 32 Am. Rep. 128. 155, 180 112 a.. 41 689. ....200 113 ..45 522.. '..206 113 a. .50 11.... 169 114 . .50 152. . . .155, 156, 158, 186, 195, 206 115 ..52 111.... 97 116 ..52 130. ...113 117 ..53 187.... 129, 134 118 ..53 285.. IOWA Pat 119 . .54 476.. 120 . .56 476.. . .146, 147, 150 121 . .64 867. . ..169 122 . .65 209.. ..134 122 a. . 9 N.W. 356.. ..163 123 . .46 1053.. -445. Ill, 129 124 . .48 82.. =446. Ill, 129 125 . . 2 Greene 482.. . 120 KANSAS 127 . . 8 Ks. 362.. 127 a. .15 259.. ..169 128 . .10 283.. ..115 128 a. .26 1.. ..200 129 . .27 120.. ..110 130 . .28 345.. ..126 131 . .30 268. . ..126 132 . .45 156. . ..200 KENTUCKY 183 . . 5 Ky. 602.. 134 . .78 116.. ..120 135 . .15 8.W. 1.. .. 15 136 . . 3 Bush 255. . ..108, 'J& 137 . . 8 336.. ..120 LOUISIANA 138 . .16 La Ann. 163 139 . .30 607. , ...123 140 . .34 354. ...111 MAINE 141 . . 1 Me. 97. 142 . . 3 450. ...124,125 142 a. . 7 273. . . .182 143 , .16 184. . . .129 124 . .20 37. . . .105 145 ,.20 154. ...105, 12(1 146 ..20 337. 147 ..23 569. . . .109 148 ..26 56. ...105 LEGAL DECISIONS 227 Pages of this volume. 228 COMMON SCHOOL LAW MAINE Pagtt Qf this volwne 148 . .26 Me. 56. . ..105 149 ..27 266.. ..171, 180,^4,195 150 ..27 281.. ..158, 185 151 . .28 379. . ..155 152 ..80 641.. ..129 152 a ..35 195.. ..172 153 ..38 164.. ..198,206 154 ..38 376.. . 138, 150, 155, 156, 158, 169, 170, 195, 200, 206 155 ..74 462.. ..111 156 ..78 509.. =57 Am. Rep. 818. 182 159 . . 7Me.Ap.273. 160 ..19 462.. MARYLAND 162 ..43 Md. 449.. ..123 MASSACHUSETTS 164 . .12 Mass. 375. . ..109 165 ..15 272.. ..109 166 ..16 28.. ..109 167 ..16 141.. ..155 168 . .29 244. . ..125 169 .103 94.. ..155 170 .105 475.. ..138, 139 143, 150, 171, 198 171 .111 499.. ..156, 171, 195.206 171 a .113 103.. ..206 172 .116 366.. ..38,42, 138, 139, 149 173 .123 545.. ..115 174 .133 103. . ..195, 196 175 . .98 587. . ..110 177 . . 2 Allen 592. . ..123 178 ..9 94.. ..96 179 ..12 127.. ..138, 150, 155, 156, 169, 200 181 . . 2 Cush. 198. . ..138 182 . . 4 599.. ..123 183 ..5 188.. ..138, 158 184 . . 5 198.. ..138, 158 185 .. 8 160.. . .45, 138, 150, 155, 178, 198, 200 186 .. 8 191.. ..111 LEGAL DECISIONS 229 MASSACHUSETTS Paga of (hit volume 187 ..11 Gush. 178.... 155 189 . . 4 Gray 36.. ..185, 187,211 190 ..12 839. ...115 192 ..2Metcalf 23.. ..171 193 ..10 508. ...155 195 .. 3 Pick 201., ...109 196 .. 3 379. ...125, 133 197 ..11 2CO. ...120 198 ..22 225. 199 ..23 224. . . .138, 150, 158, 199, 200, 206 MICHIGAN 202 ..18 Mich. 400. ...150, 178, 200 203 ..30 69. ...155 204 ..30 249. . . .123 205 ..89 480. ...116,120 206 ..43 480. ...118 207 ..44 500. ...110,112 208 ..47 112. ...111 209 ..47 226. 210 ..47 626. ...110 211 ..62 153. ...116 211 a. .69 589. . =37 N.W. 567 218 212 ..81 214.... 112 214 ..87 N.W. 670.... 107 214 a.. 43 996.... 146, 197, 19S 215 ..43 1062.... 106 216 ..45 989.... 105, 111, 158 217 ..50 293.... 112 MINNESOTA 218 ..10 Minn. 340 120 219 ..12 448.... 105 220 ..20 72 106 221 ..27 433. ...105 222 ..31 319.... 105, 10P 222 a.. 35 309.... U8 MISSOURI 222 b.. 10 Mo. 560.... 169 230 COMMON SCHOOL LAW MISSOURI Paqes of this volume 223 ..19 Mo. 462.. ..132 223 a ..24 309.. ..178 224 ..31 533.. ..178 225 ..38 391.. 226 ..38 679.. ..158, 168 227 . .48 ?53. . ..206 228 ..51 21.. ..111,112 229 ..53 472.. ..120 230 ..55 149.. . .115, 124, 126, 130, 132 231 ..63 137.. ..113 232 . .66 286. . =27 Am. Rep. 343. 173, 177, 178. 2O6 232 a ..67 301.. ..160 233 . .71 628. . =36 Am. Rep. 499. 1#, 138, 150. 234 ..77 484.. ..155 235 . .78 226. . ..132 236 . .85 485. . ..139,173 237 ..85 585.. . . 240 ..15Mo.Ap.362. , . .126 241 . .24 250. . . .118, 180 242 . .24 309. . 243 ..24 536.. 244 . .30 113. . ..^20 NEBRASKA 246 .. 1 Neb. 76.. ..115 247 ..4 254.. ..110 248 .. 6 167.. ..126.129 249 ..9 56.. ..IK 250 ..13 52.. ..108, 130 251 ..19 494.. . .105, 115, 180 252 ..48 N.W. 393.. ..163 252 a . .52 710. . ..154 NEVADA 253 .. 7 Nev. 342.. . .178, 200 NEW HAMPSHIRE t 254 . . 9 N. H. 722. . . .107, 18lt 255 ..19 170.. ..105, 139, 14fc 256 . .26 470. . ..123 257 . .49 199. . ..206 LEGAL DECISIONS 231 NEW HAMPSHIRE Pages of this volume 258 ..59 N. H. 473., . . .108, 138, 150, 155, 156, 158, 159, 180 259 ..64 297., =4 N. E. 529. 189 260 . . 6 Fost. 470. . ..123 NEW JERSEY 262 . .34N.J. L. 308 . .=5 Vroora. 308. 120 263 . .41 312. . ..129 264 ..45 100.. ..135 267 . . 5 Vr. 308.. ..120 268 ..12 112.. ..110 268 a ..17" 76.. ..200 268 b ,.18 348.. ..200 NEW YORK 269 .12 N. Y. 170.. ..110 270 , .15 818.. ..110 271 . .18 282.. ..135 272 , .19 209.. 273 . .32 489.. ..206 273 a. .38 58.. ..134 274 . .50 236.. ..206 275 . .50 473.. ..121 276 . .51 401.. . . 277 . .52 23.. 278 . .67 36.. ..Ill, 112 279 . .68 114.. 280 . .75 803.. ..118 281 . .85 185.. =39 Am. Rep. 649. 118 282 . 103 65.. ..114 283 . . 3 Hill 612.. 284 . . 4 168.. . Ill 286 . .13 Ab. Pr. 159. ..188 286 a. .13 164.. ..200 287 . .18 N.S. 165.. 289 . . 2 Barb. 290.. ..132 290 . . 3 115.. ..109 291 . . 6 608.. ..171 292 . .10 290.. ..99. 124 293 . .10 396.. 232 COMMON SCHOOL LAW NEW YORK Paget of thlt vobtau 294 ..13 Barb. 400... .168 295 ..14 221... .170. 195,206 296 ..21 252... .100 297 ..23 176... .120 298 ..49 455... .206 299 ..63 177... .111 300 . . 5 Cowen 188. . . . 300 a.. 1 Denio 599... .206 800b.. 117... .206 801 ..3 175... .134 802 ..34 How. Pr.336. . . .135 302 a.. 40 249... .200 803 ..67 372... .121 805 ..3 Hun 177... .125, 137 306 ..12 209... . 807 ..19 109... .118, 134 808 ..19 609... .135 809 ..29 606... .105 310 ..35 111... .110 310 a. .44 840. . . .155, 157 811 ..57 33... .137 812 ..63 389... .134 813 ..2 Selk. 641... .171 814 ..2 Wallace 77... .115 315 ..16 36... .200 316 .. 2 Wend. 287... .134 817 ..7 181... .111 318 ..11 90... .134, 185 319 ..27 90... . 320 .. 1 City Hall Rec 55. .. .171, 180 821 ..27 KE. 968... .135 NORTH CAROLINA 322 ..63 N. C. 1... .182 823 ..68 322... .180 324 ..78 322... .182 325 ..94 709... .200 326 . -2Dev. &Bat. 365. .=31 Am. Dec. 416. 180, 18i LEGAL DECISIONS NOBTH CAROLINA Pdfftt of thit volume 828 . . 2 Ired. 50.... 180 880 . . 5 Jones 98. ... 111, 112, 185 NORTH DAKOTA 381 . .44N.W.1002... .105, 107 OHIO 331 a. . 4 Ohio 561.... 218 332 . .17 402.... 200, 206 332 a. .19 178.... 200 333 . .19 184.... 334 . .20 89.... 110 334 a. .21 211.... 200 335 . .21 666. . . . 206 386 . .22 144.... 110 837 . .22 194.... 106 338 . .23 211.... 138, 169 339 . .26 421.... 119. 137 340 . .29 89.... 138, 150, 155, 156, 159, 170, 206 340 a. .29 161.... 841 . . 4 Gin. Law Bui ,81.... OREGON 346 . . 3 Ore. 365.... 120, 121 349 . .48N.W. 393.. =252. PENNSYLVANIA 350 . . 2 Pa. 28.... 105 351 . 204. . . . 110 352 . .22 1040.... 137 352 a. .36 315.... 137 853 . .43 St. 318.... 120 354 . .49 151.... 187 355 . .56 315.... 355 a. .59 266.... 171 355 b. .59 151.... 206 356 . .69 103.... 110 357 . .89 395.... 110 358 . . 5 Pa. L. J. R. 7 '8.... 180, 182, 187, 206. 211 358 a. . 6 Gen. Rep. 923.... 136 359 . .22 Pa Ap. 1040. 234 COMMON SCHOOL LAW PENNSYLVANIA Pages of this vrtvine 860 . . 7Phila. 23... 361 . .10 490.... 200 362 . . 3 Pittsb 264. . . . 2O1 364 . . 4S.&R.207.... 109 RHODE ISLAND 368 . . 2 R. I. 120. . . . 134 TEXNESEE 375 . . 3 Tenn. 177. . . . 129 377 . . 2Coldw. 181.. ..105, 107 379 . . 3 Head. 455. . . . 180, 182, 185, 188, 195 380 . . 3 Leg. Rep. 19. ...195 381 . . 5 Lea 525... .124, 138, 195 383 . .10 344... .110 384 . .10 525... .125 385 . .12 30... .109 386 . .12 486... .110 387 . .10 219... .127 TEXAS 389 . .21 Tex. Ap. 36. ...182 390 . .23 386... .173 392 . . 4 S.W. 122. .. .173 393 . . 5 122... .182 VERMONT 395 . .12 Vt. 592... .105 395 a. .17 780... .195 396 . .16 42... .109 396 a. .19 102... .180, 188 397 . .20 487... .105. 107, 111, 130, 131, 182 398 . .24 528... .111, 169 399 . .26 115... .105 400 . .27 646'... .103, 130 401 . .27 755... .'08, 139, 153, 171, 195, 199, 2O6 402 . .28 575... .105,106, 107, 130 403 . .29 102... .180 405 . .29 219... .i03, 130 406 . .29 433... .105, 107 407 . .29 463... , LEGAL DECISIONS 235 VERMONT Pages of this volume 408" ..30 Vt. 586. . ..105 409 ..32 114.. ..45, 174, 180, 182, 188 410 ..32 120.. ..173 [170,182,195, 196, 206 411 ..32 224.. -76 Am. Dec. 171. 150,155,156, 158, 163, 411 a ..33 219.. ..20 412 ..34 270.. ..107 413 ..35 520.. ..106 414 ..35 623.. . .105, 123 415 ..37 647.. ..109 416 ..38 529.. ..124, 125, 126 417 ..38 602.. ..115 417 a :.41 317.. ..20 418 ..41 353.. . .105, 106. 123 419 ..46 452.. ..loo, 106, 107, 130, 195, 199 420 ..48 444.. = 15 Am. Law Reg. N.S. 570 ; 21 Am Rep. 133. 45, 111, 138, 150, 152, 155, 200 421 ..48 473.. . .138, 144, 195, 200 422 ..50 30.. ..109, 118 423 ..55 61.. ..107 424 ..56 551.. ..111 425 ..56 556.. ..115, 110, iVi 426 ..21 957.. ..123 427 ..47 381.. ..130 WEST VIRGINIA 428 . .20W. Va. 360 ....111 WISCONSIN 429 ..16 Wis. 33. . ..112 430 ..16 316.. ..111, 112 430 a ..24 683.. ..150 430 b ..21 657.. ..169 431 ..25 551.. ..108 432 ..35 59.. =13 Am. Law Reg. N S. 692 : 17 Am. Rep. 741. 138,139,143,150,155, 156, 159, 16O, 165, 180 433 ..88 59., ...198 434 ..38 100., , . .109 435 ..40 828., 236 COMMON SCHOOL LAW WISCONSIN Pages of this volume 436 . .45 Wis. 150. . =30 Am. Rep. 706. 138, 139, 143, 170, 180 182, 195, 196, 211 437 ..60 651.. ..115 438 ..50 657.. ..126 439 ..51 554.. ..109, 124, 126, 136 440 ..63 234.. . .145, 150 441 ..76 177.. =44 N. W. 967. 169 UNITED STATES 443 . .10 Am. Law Reg. N. S. 366 443 . . 1 Ware *462, *91....109 444 ..37 Am. Rep. 123. .. .155 445 . .46N.W. 1053. .=123. Ill 446 ..48 82.. =124. Ill 447 . .12 Com. Law Jour. 540 125 ENGLAND 448 ..11 Cox 400.. ..187 449 . . 2F.&F.202. . . .186, 187 450 . . 4 656.. ..180 451 ..53 J.P. 743.. ..186 452 . . 1 Leach 368. . 453 . .18 L.J.Q.B334. ...134 454 ..28 25.. ..13O 455 . . 6Q.B. 682.. -.125 455 a . .13 225. . ..178 455 b . .23 305. . ..211 455 c ..24 283.. ..211 456 .. 6T.L.R.23.. ..186 457 ..8 78.. ..171 458 .. 8 299.. ..171 459 . .14L.T. N.S. 863.... 136 460 .. 5 Rep. 92.. ..171 SUPERINTENDENTS' DECISIONS IN THE STATE OF NEW YORK These are referred to in the text on the pages named by D. with the number, in parenthesis. Thus (D. 3797; means decision No. 3797 in this table. These decisions are on file in the Depart- ment of Public Instruction, at Albany, and certified copies of any of them are furnished at 15 cents per folio. Since 1888, the most important of them have been published in the annual reports of the superintendents, and those here cited may be found as follows : 3551 to 3657, report for 1888. 3659 " 3737, " " 1889. 3739 " 3824, " " 1890. 3826 " 3913, " " 1891. 3915 " 4021, " " 1892. 4022 " 4128, " " 1893. 4163i"4204, " " 1894 4209 " 4311, " " 1895. Abstracts of all decisions are published from month to month in the School Bulletin. 1665, Pp. 108, 110 1803, Pp. 108, 110 1677, 110 1825, 108 1682, 155 1831, 110 1687, 155, 158, 200 1845, 115 1695, 199 1864, 110 1713, 123 1874, 155, 159 1725, 197, 199 1907, 99 1738, 110 1910, 111 1753, 108, 110, 168 1919, 111 1763, 168 1942, 99 1798, 187 1960, 1W (987) 238 STATE OF NEW YORK 1976, P. 110 3698, Pp, 177, 178 1978, 135 3706, 118 1982, 102 3707, 169 1985, 168 3717, 120 2003, 99 3732, 110 2081, 108 3734, 106 2114, 108, 110 3735, 114 2139, 119 3750, 96 2145, 107 3754, 135 2194, 100 3758, 108 2217, 108 3764, 119 2294, 109 3768, 113 2480, 102 3791, 118 2523, 123 3794, 116 3510, 99, 125, 132 3797, 113 3520, 109 3803, 120 3523, 117 3817, 97 3524, 113, 138 3824, 110 3565, 128 3829, 117 3572, 102 3838, 122 3575, 120 3840, 118 3577, 169 3850. 113 3582, 110 88531, 104 3586, 110 3854, 107 3596, 204 3861, 204 3597, 90 3863, 100, 127, 189 3603, 114 3864, 124, 135 3614, 96 3865, 124 3623, 117, 119 3866, 100 3640, 111, 113 3886, 102 3651, 169 3888, 115 3653, 114 3889, 114 3670, 105 3890, 113 3678, 114, 127, 197, 199 3891, 201 3679, 118 3892, 116, 117 3686. 100 3898, 121 3689, 204, 208 3917, 118 SUPERINTENDENTS' DECISIONS 230 3928, P. 99 4202, P. 96 3944, 113 4221, 121 3959, 103 4244, 124 3993, 118 4251, 121 4002, 106 4252, 193 4005, 110 4263, 113 4021, 169 4268, 98, 101 4048, 148 4294, 126, 136, 138, 141 4061, 169 4311, 111 4194, 169 4419. 169 4195, 124, 128. 135 REFERENCES TO STATUTE LAWS These are referred to in the text on the pages named by a num- ber in parenthesis. Thus Ala. (99) means the 99th page of the last edition of the school law of Alabama. The date and size of the edition referred to are given after the name of each State. Alabama. 1895. 8:255. Pp. 99, 123, 125, 180 Arizona. 1895. 8:61. Pp. 98, 100, 103, 106, 108, 115, 121, 129, 146, 147, 153, 156, 157, 158, 159, 169, 172, 174, 178, 187, 197, 198, 200, 207 Arkansas. 1895. 8:156. Pp. 97, 107, 108, 110, 112, 115. 116, 123. 129, 138, 144, 145, 168, 169, 200 California. 1895. 8:178. Pp. 100, 103, 108, 115. 118, 123. 129, 135, 145, 146, 156, 157, 172, 174, 197, 198, 201, 202 Colorado. 1895. 8:118. Pp. 92, 106, 107, 138, 197, 198 Florida. 1895. 8:111. Pp. 95, 100, 102, 103, 106, 115, 116, 145, 146, 180, 196, 200, 202 Georgia. 1895. 12:37. Pp. 100, 102, 103, 106, 135. 156. 168,200 Idaho. 1895. 8:58. Pp. 107, 108, 116, 125, 139, 174, 197 Illinois. 1889. 8:62. Pp. 106, 161, 162, 168, 190, 198, 199, 204 Indiana. 1895. 8:334. Pp. 134, 150, 153, 161, 176, 186, 189 Iowa. 1892. 8:166 ; Am. 1894, 8:7. Pp. 106, 111, 115, 116, 117, 126, 131, 138, 146, 150,158,161,168, 174,195,196,197, 198, 200 Kansas. 1895. 8:161. Pp. 95, 104, 105, 115, 145, 149, 197, 198, 205 Kentucky. 1895. 8:211. Pp. 95, 96, 112, 118, 131, 138, 161, 197, 200 Louisiana. 1894. 8:119. Pp. 95, 102, 103, 122, 123, 131, 197 Maine. 1895. 8:45. Pp. 117, 123, 125 : 145, 146, 155, 156, 169, 184, 200, 204 Maryland. 1895. 8:43. Pp. 108, 125, 131, 145, 161, 203 Massachusetts. 1892. 8:101 ; Am. 1896, 8:23. Pp. 108, 195, 157,. 161, 168, 174, 178, 196, 300, 212 (840) REFERENCES TO STATUTE LAWS 241 Michigan. 1895. 8:146. Pp. 95, 107, 108, 110, 115, 116. 128, 161, 199 Minnesota. 1895 8:111. Pp. 101, 105, 106, 110, 112, 115, 116. 118. 136 141, 155, 159, 161 Mississippi. 1892. 8:48. Missouri. 1893. 8:187. Pp. 106, 132, 139, 150, 161. 168, 174, 177, 197, 200, 202, 206 Montana. 1895 8:75. Pp. 99, 100, 103, 104, f08, 115,116, 123, 135, 138, 145 146, 174, 189. 197, 202 Nebraska. 1895. 8:153. Pp. 95, 99, 102, 103, 106,115,125,138, 195, 197, 198, 205 . Nevada. 1893. 8:40 ; Am. 1895, 8:12. Pp. 95, 115, 125, 155, 177, 202 New Hampshire. 1895. 24:43 Pp. 159, 202 New Jersey. 1895. 8:226. Pp. 92, 95. 103, 108, 109, 110, 115, 116, 123, 129, 146, 161, 169, 174, 180, 197, 198, 200 New Mexico. 1895. 8:44. Pp. 123 North Carolina. 1895. 8:62. Pp. 100, 104, 115, 119, 123, 127, 157, 174, 189, 196, 200, 202 North Dakota. 1893. 8:184. Pp. 99, 102,104,107,108,115,116 118, 123, 127, 139, 155, 156, 158, 168, 169, 196, 197, 198. 202, 205 Ohio. 1893. 8:192 ; Am. 1894, 8:17. Pp. 99, 100, 103, 106, 115, 116. 138, 161, 174, 175, 197, 198, 205 Oregon. 1893. 8:140. Pp. 95, 99, 100, 103, 115, 116, 117, 145, 146, 149, 151, 153, 155, 156, 158, 159, 174, 197, 200, 202 Pennsylvania. 1896.16:401. Pp. 95, 96, 100, 102, 103,105,108, 109, 115, 116, 126, 127, 129, 145, 161, 180, 197, 198, 200 Rhode Island. 1896. 12:451. Pp. 20, 95, 96, 97. 99, 103, 104, 106, 108, 110, 125, 129, 131, 136, 138, 145, 157, 161, 168, 169, 172, 193, 195, 200, 202, 204 South Carolina 1893. 8:56. South Dakota. 1895. 16:60. Pp. 92, 95, 99, 100. 102, 103. 108, 115, 116, 117, 122, 123, 126, 127, 139, 155, 168, 202, 205 Tennesee. 1895. 8:40. Pp. 95, 118, 123, 126, 127, 129, 138,161, 174, 195, 197, 198, 200 Texas. 1895. 8:61. Pp. 119, 123, 200 242 COMMON SCHOOL LAW Utah. 1894. 8:34. Pp. 92, 103, 105, 107, 108, 126, 127, 129, 146 157, 169, 200, 205 Vermont. 1888. 8:50. Pp. 95, 103, 106, 107, 123, 152, 161, 174,196, Virginia. 1892. 8:184. Pp. 95, 104, 108, 113, 115, 117, 119, 123, 125, 129, 135, 145, 159, 197, 198, 200 Washington. 1893. 8:162; Am. 1895, 8:29 Pp. 92, 95, 100, 103, 115, 123, 145, 146, 156, 169, 172, 198. 200 West Virginia.^ 1894. 24:226; Am. 1895, 8:3. Pp. 105, 129, 181, 169, 195, 200, 202 Wisconsin. 1892. 8:240: Am. 1895, 8:25. Pp. 95, 100, 108, 114, 115, 118 138, 139, 143, 159, 164, 169, 180 Wyoming. 1895. 8:91. Pp. 98, 115, 116, 118, 123, 129, 172, 200 PART III UNIFORM EXAMINATION QUESTIONS UNIFORM EXAMINATION QUESTIONS from the beginning to and including those for March, 1896, \vien School Law ceased to be exclusively a first-grade subject, with answers as officially given, corrections [in brackets] to date, and references to pages of this manual. SEPTEMBER 3, 1887 1. State three ways in which a teacher may be licensed. By State superintendent of public instruction ; by school com- missioners, or other officers with similar functions ; by obtaining a diploma from a State normal school. 33, 89. 2. Mention the legal holidays in this State. January 1, February 22, May 30, July 4, first Monday in Sep- tember, December 25, any general election day in this State, every Saturday afternoon, and Thanksgiving day. [Add Feb. 12. It cannot be said that Saturday afternoon is a legal holiday, more than Saturday morning. To Thanksgiving day should be added Fast days]. 10, 116. 3. Is a teacher authorized to hold religious exer- cises during school hours ? A teacher has no authority to insist upon religious exercises of any kind. 44, 166. 4. Has the teacher authority to expel a pupil? To suspend ? No. Yes ; the teacher may suspend for the day, or long enough for consultation with trustees. 37, 195. 5. What legal remedy has a teacher against any (245) 246 SCHOOL LAW OF NEW YORK person who creates a wilful disturbance during school hours ? He may enter complaint against such offender before any jus- tice of the peace of the county, or the mayor or any alderman, recorder, or other magistrate of the city, wherein the offence was committed. 172. OCTOBER 1, 1887 6. May a district change from one to three trus- tees? Yes. 28. 7. What authority has a 'teacher to inflict corporal punishment ? The same authority that a parent has. [But it should be noted that decisions against the teacher when matter is taken into the courts are becoming very common]. 180-194. 8. What does the law require of a teacher before he can make a legal contract to teach a common school ? It requires him to have an tmexpired license. 33, 105. 9. In whom is the authority vested to regulate the attendance of pupils, the course of study, and the selection of text-books ? In trustees and board of education. 37, 149; 43, 155 ; 44, 156. [But in districts, text-books are selected by the school meeting.] 44. 10. How frequently does the law provide that the compensation of teachers shall become due and payable ? As often as the end of each calendar month of the term of employment. 34, 119. UNIFORM EXAMINATION QUESTIONS 247 NOVEMBER 5, 1887 11. What vacancies in office may the trustee of a school district fill by appointment ? District clerk ; district librarian ; and district collector. 30. 12. What authority has a teacher over pupils on the way to and from school ? None. 45, 176. 13. Upon what basis is the public school fund apportioned (a) to the counties of the State ? (6) To the several school districts of a county ? (a) The number of schools taught by duly licensed teachers for the prescribed term of 28 weeks, and upon the population as shown by the last census. [Now, $100 for every qualified teacher who has been employed 160 days ; then rest according to popu- lation.] 10. (b) The number of teachers employed for at least 28 weeks in the preceding school year, the number of children of school age residing in the district on the 30th day of June, pre- ceding, and the average attendance of resident pupils at the dis- trict school during the preceding school year. [Now, according to aggregate days of attendance.] 11. See No. 62. 14. What relatives is a trustee prohibited from hiring as teachers ? Relatives within the second [now of any] degree, either by blood or by marriage, viz. : father, mother, grandfather, grand- mother, son, daughter, grandson, granddaughter, brother, or sister 34, 108. 15. What power has the trustee of a school dis- trict to purchase globes, maps, and other school apparatus for the use of the school without the vote of the district ? He has power to expend for such purpose sums not to exceed 15 [now 25] in any one school year. 48. 248 SCHOOL LAW OF NEW YOKK DECEMBER 3, 1887 16. (a) "What notice to voters is necessary in call- ing a special school meeting? (6) What matters can be legally acted upon at such meeting ? (a) A notice specifying when and for what purpose the meet- ing is called, to be given to each voter personally, or to be left at his place of residence if he cannot be found, at least five days before the time designated for the meeting ; (b) only those fully set forth in the notice. 20. 17. (a) How may a school district change from three trustees to one? (6) From one trustee to three? (a) By resolution adopted by a majority vote at an annual school meeting ; (b) by a resolution adopted by a two-third vote at an annual school meeting. 28, 29. See No. 6. 18. Has a trustee, or a board of trustees, the power to allow the use of the schoolhouse for relig- ious meetings against the wish of the district ? A sole trustee has that power, and a board of trustees has that power if no one of its members dissents. [But this may not be done if there is any protest in the district.] 32, 169. 19. How many days must elapse between the voting of a tax by a district meeting and the deliv- ery of the tax-list and warrant to the collector ? 30 days. 26. 20. Can a teacher make up lost time by teaching on a holiday? He can if he have the consent of the trustees thereto ; other- wise he cannot. [Now forbidden. See Nos. 11, 140.] 116. UNIFORM EXAMINATION QUESTIONS 249 MARCH 14, 1888 21. Who is at the head of the school affairs of the State ? Of the county ? Of the school district ? Of the school room ? State superintendent. 9. School commissioner. 14. Trustee. 28. Teacher. 170. 22. State briefly the provisions of the law of 1887 relative to the employment and pay of teachers. The trustee must give the teacher a written minute of the terms agreed on, signed by the trustee ; the pay of teacher shall be due and payable at least as often as at the end of each calendar month. 34, 113, 119. 23. What is the salary of a school commissioner ? How may it be increased ? The salary is $1,000, with $200 audited by supervisors for expense By board of supervisors. 14. 24. State within what degree of relationship is a trustee prohibited from employing a teacher, except by vote of a district meeting. Second. [Now he may not hire within any degree.] See No. 14. 25. State the provisions of the new law in respect to the school out-buildings. See the law in the school register. 47. MA T 5, 1888 26. How can a common school district change from three trustees to one ? By adopting, at an annual meeting, by a majority vote, a resolution that the district change from three trustees to one, and afterward dispensing with the election of a trustee until the trus- 250 SCHOOL LAW OP NEW YORK tees then in office vacate their office by reason of expiration of term for which they were elected, or otherwise. 28, 29. See No. 17. 27. (a) What officers apportion the public moneys among the school districts ? (6) Upon what officer does the trustee draw orders to pay teachers that money ? (a) The school commissioners. 11. (6) The supervisor. 14. 28. For what officers may women vote in this State? School district officers. 14, 21. 29. For what term of office is a sole trustee elected ? The several trustees, when a district changes from one trustee to three? Each of the three trustees after a first election of three trustees by a district ? One year. One for 1 year, one for 2 years, and one for 3 years. 3 years. 22. 30. What is the ruling of the department of pub- lic instruction in regard to the teacher's authority over pupils on the way to and from school ? The teacher has no legal control over the pupil before reach- ing the school premises, or after leaving them upon dismissal. 45, 167. See No. 12. A UG UST 15, 1888 31. How may a trustee be legally authorized to employ a teacher who is within the second degree of relationship ? By a two-thirds vote of an annual meeting or of special meet- ing called for that purpose. 84. See Nos. 14, 24. UNIFORM EXAMINATION QUESTIONS 251 32. In addition to being a resident of the district and of full age, what are the qualifications, any one of which entitles a person to vote at district meet- ing? - First, being entitled to hold real estate under the laws of New York and either owing or renting real estate subject to tax- ation in the district. Second, being a citizen and assessed upon the last completed assessment roll of the town, for personal property in a sum not less than $50. Third, being a citizen and the parent or guardian of a child of school age who has attended the district school at least 8 weeks during the preceding school year and who still resides with such parent or guardian. [For present requirements see page 20.] 33. Where does the law direct that the bound- aries of school districts shall be recorded ? In the office of the town clerk of the town or towns in which the district is situated. 13, 17. 34. Who are authorized to fix the rate of tuition for non-resident pupils ? Trustees and boards of education. 38, 55, 63. 35. What schools only are exempt from the pro- visions of the law requiring schools to be closed during the session of a teachers' institute ? The schools of incorporated cities. [Now, and of union free school districts with population exceeding 5,000.] 17, 116. 36. What officer has power to remove a trustee or member of a board of education from office, for cause ? The superintendent ot public instruction. [Now, a board of education also has power to remove its own members.] 29, 64. 252 SCHOOL LAW OF NEW YORK 37. Who is legally responsible for the safe keep- ing of the school register ? The teacher. 49, 122. 38. What officer has authority to create a new school district? The school commissioner. 17. 39. When is the beginning and when is the close of the school year ? The school year begins August 21 and ends August 20. [Now, see pp. viii, 19.] 40. What is the time for holding the annual school meeting? The last Tuesday in August and at 7:00 p. M. if no other hour has been fixed by the district. [Now, the first Tuesday in August.] 19. MARCH 13, 1889 41. (a) Who is the superintendent of public in- struction elect? (6) What is the length of his term of office ? (c) When was he elected ? (d) How was he elected ? (a) Andrew S. Draper. [Now (1896), Charles R. Skinner]. (6) 3 years. 9. (c) February 14, 1889. [February 8, 1895] 9. (d) By joint ballot of the senate and assembly. 9. 42. Give three causes for which a school commis- sioner may annul a teacher's certificate. For immoral conduct, for lack of ability to govern and instruct a school, for lack of educational qualifications as shown by re-ex- amination upon failure in the work of teaching, for fraud or col- lusion at examination, etc. [Now, only for immoral conduct.] 16, 101. UNIFORM EXAMINATION QUESTIONS 253 43. What is a joint school district? A district that is situated in, i. e , embraces part of, two or more commissioner districts. 15. 44. Under the supervision of what school com- missioner is the school in a joint school district ? Under the supervision of the school commissioner in whose district the schoolhouse is situated. 15. 45-6. (a) What is the least time that a public school must be taught each school year, to entitle it to share in the public school moneys ? (6) What days upon which school is not actually taught may be taken as part of such time ? (a) 28 weeks. [Now 32]. 10. (b) Legal holidays occurring upon regular school days of said term, and time spent by the teacher in attendance upon a teachers' institute, not to exceed 3 weeks of said term. 10, 116. See Nos. 2, 20. 47. Who is responsible for the safe keeping of the school register during the term of school ? The teacher. 49, 122. See No. 37. 48. What defines and limits the business that may be brought before a special school meeting ? The regular call for the special meeting. 20. See No. 16. 49. How long a time must a teacher have taught, to be eligible to a certificate of the second grade ? To one of the first grade ? To be eligible to a certificate of the second grade, one term of at least 12 weeks. [Now 10 weeks.] 90. To one of the first grade, at least 2 years. 91. 50. What is the regulation of the department of 254 SCHOOL LAW OF NEW YORK public instruction in regard to the endorsing of teachers' certificates by school commissioners ? Commissioners' certificates of either the first grade or the second grade may be endorsed by other commissioners, and thus be made valid for their respective commissioner districts. [Now good throughout the State.] 90, 91. MARCH 5, 1890 51. What is the minimum age required as a qual- ification for teachers in the State of New York ? 16 years. 33, 108. 52. Mention three things required to be set forth in the memorandum of contract to be delivered by a trustee to a teacher employed by him. The term of employment, the rate of compensation, and the times of payment. 114. 53. How many weeks each school year must a public school be taught in order to entitle it to share in the distribution of the public moneys ? 32 weeks. 10. 54. The attendance of what pupils is rejected in computing the aggregate attendance upon which public money is apportioned ? Non -resident pupils, and resident pupils under 5 and over 21 years of age. 37. 55. What penalty is prescribed for the wilful viola- tion of a contract by a teacher ? Revocation of certificate. 103,124. 56. Where should school commissioners cause the boundaries of school districts to be recorded ? UNIFORM EXAMINATION QUESTIONS 255 In the office of the town clerk of the town in which the district is situated. 17. See No. 33. 57-8. Is a trustee prohibited from employing as a teacher (a) his niece? (6) his wife's sister? Give reasons for your answers. (a) No. A niece is not within the second degree of relation- ship. [Now, yes.] 34, 108. (b) Yes. A wife's sister is within the second degree of relationship, by affinity or marriage. [There is no longer any degree, but all relatives are excluded.] 34, 108. See Nos. 14, 24, 31. 59-60. By what official are appointments made to fill vacancies occurring in the office (a) of school commissioner? (6) of district trustee? (c) of .district clerk ? (d) of district collector ? (a) County judge. 14. (b) School commissioner. 29. See No. 72. (c) Trustees. 30. (d) Trustees. 30. See No. 11. A UG UST 20, 1890 61. What remedy has a teacher from whom a certificate is unjustly withheld by a school commis- sioner, or whose certificate has been annulled by the same authority, without good cause ? The teacher may appeal from the decision of the school com- missioner to the State superintendent of public instruction. 98, 104. 62. Upon what two bases are the public school moneys apportioned to the several school districts ? What change in the law has recently been made in regard to the amount, or manner of apportioning, on one of these bases ? 1. The number of teachers employed in the district for at 256 SCHOOL LAW OF NEW YORK least 32 weeks during the school year. 2. The aggregate attend- ance of pupils of school age residing in the district. 10, 11. Each teacher's quota is made 100, without regard to the amount of money to be divided. 10. See No. 13. 63. By what authority may a pupil residing in one district be allowed to attend school in another ? Who fixes the rate of tuition ? The permission of the trustee or board of education of the dis- trict whose school he desires to attend. The trustee fixes the rate of tuition. 38, 55. See No. 34. 64. What are the limits of school age as defined by the law of this State ? 5 years and 21 years. See No. 54. 65. State the causes for which a school commis- sioner may annul a teacher's certificate. For immoral character. For wilfully refusing or neglecting to comply with the provisions of the school law or regulations of superintendent of public instruction. For lack of competency to properly govern or instruct a school. For habitual conduct unbecoming a lady or a gentleman. See No. 42. 66. Give three duties of a school trustee. Answers may vary. 28-50. 67. How may a schoolhouse unfit for school pur- poses be condemned ? By the written order of the school commissioner. 15. 68. To what amount has the school commissioner the right to order needed repairs upon a schoolhouse, when the district neglects or refuses to make such repairs. $200. 16. UNIFORM EXAMINATION QUESTIONS 257 69. By what several authorities may teachers be legally qualified to teach in the public schools in the State? The State superintendent of public instruction. A school commissioner. Boards of education or their agents, when em- powered by special act of the legislature. 33, 89. 70. How are school commissioners elected ? For how long ? When does the next general election of school commissioners occur? On what date will those then elected assume the duties of their office ? By vote of the people of their respective districts. For 3 years. Nov. 4, 1890. [Nov., 1896.] Jan. 1, 1891. [Jan. 1, 1897.] 14. MARCH 4, 1891 71. What is meant by " district quota " in the apportionment of school money? What is its amount ? The amount of money apportioned to the several school dis- tricts by the State superintendent of public instruction, based upon the number of qualified teachers employed for 32 weeks of 5 school days each during the year. $100. 10. See Nos. 13, 54, 62. 72. How is a vacancy filled in the office of trustee of a common school district ? By election in the district within 30 days, but after such time the school commissioner may appoint. 29. See No. 59. 73. What authority has a school commissioner in the matter of school furniture ? He may direct the trustee to make any alterations or repairs to school furniture, or when in his opinion any furniture is unfit for use and not worth repairing, or when sufficient furniture is 258 SCHOOL LAW OF NEW YORK not provided he may direct that new furniture shall be provided as he may deem necessary, provided that the expense of such alterations, repairs, or additions to furniture shall not, in any one year, exceed the sum of 100. 16. 74. What provision is made by law to prevent a trustee from giving a teacher an order on the col- lector when there are no funds in the hands of the collector sufficient to meet the same ? It is a misdemeanor. 46. 75. What is the shortest period of time for which a teacher may be employed, unless for the purpose of filling out an unexpired term of school ? 10 weeks. 34, 114. 76. If a teacher is unjustly dismissed during the term of employment, what is his remedy ? An appeal to the State superintendent of public instruction, or a civil action in court. 134. 77. What penalties may be imposed if trustees fail to comply with the law in regard to health and decency ? The trustees may be removed from office, and the public money may be withheld from the district. 29. See No. 35. 78. For what amount may a school commissioner order repairs upon a schoolhouse ? $200. 16. See Nos. 68, 73. 79. What day is fixed by law for Arbor Day ? The Friday following the first day of May. 66. 80. Upon what basis do school commissioners apportion the school moneys allotted to each county ? Upon the number of duly licensed teachers employed for the UNIFORM EXAMINATION QUESTIONS 259 legal term, and upon the aggregate number of days of attend- ance. [Now, upon the latter only, as the State superintendent assigns the district quota.] 11. See Nos. 13, 54, 62 AUGUST 19, 1891 81. What penalty does the law impose for the employment of a teacher not legally qualified ? No public money can be apportioned for such teaching. 83. But see 107. 82. What three provisions must be included in the memorandum of employment given to teachers by trustees ? Term of employment, rate of compensation, and when pay- able. 114. See Nos. 52, 138. 83. In the apportionment of school moneys, what provision is designed (a) to encourage the employ- ment of a sufficient number of teachers ? (6) to in- crease the attendance of pupils ? (a) The district shall receive a district quota of 100 for every qualified teacher who teaches in that district 32 weeks of 5 school days each, during the school year. 10. (b) The apportionment upon aggregate attendance of pupils. 11. See Nos. 13, 54, 62, 80, 83, 156. 84. For how long a time may a pupil be suspend- ed from school (a) by the teacher? (6) by the trus- tee? (a) Temporarily, subject to the action of the local school authorities. 195. (6) Until the pupil shall have complied with reasonable requirements. 203. See No. 4. 85. Why is the attendance of resident pupils of school age required to be kept separate from the 260 SCHOOL LAW OF NEW YORK attendance of non-resident pupils and those not of school age ? Because attendance, as a basis for the apportionment of public money, must include only that of resident pupils of school age. 11, 37. See Nos. 54, 62. 86. What grade of commissioners' certificates can be renewed without reexamination ? Why this regulation ? (a) First grade. (6) It is a recognition of the superior quali- fications demanded for that grade. 91. 87. A school is closed for a teachers' institute. How should the teacher give the district credit for that week's attendance, in the aggregate for the term? Find the daily average attendance for the term, multiply this by the number of days the school was closed, and enter the pro- duct in the column for the total for institute week. 17. 88. What school officers can take the teachers' affidavit to the correctness of the register ? School commissioner and district clerk. 122. 89. How can commissioners' certificates of the first and second grades be made valid in a commis- sioner district other than that in which they were granted ? By endorsement by the commissioner in whose district the holders are to teach. [No longer needed.] 90. See No. 50. 90. What security is provided against the em- ployment of teachers of immoral character ? The commissioner is empowered to withhold certificates from such persons, and to annul those already granted. 96, 99. See Nos. 42, 61, 65. UNIFORM EXAMINATION QUESTIONS 261 MARCH 2, 189S 91. Upon what principle does the State levy taxes for the support of free schools ? The safety and prosperity of the State depend upon intelli- gent citizenship. 157, 213. 92. By whom are vacancies filled, in the office of (a) school commissioner ? (6) district trustee? (a) By the county judge, or by the people at a general election. 14. (b) By the voters of the district, or by the school commis- sioner. 29. See Nos. 59, 60, 72. 93. What is the shortest term for which a teacher may be employed, except it be to fill out an unex- pired term ? 10 weeks. 34, 114. See No. 75. 94. For what purpose only may trustees use the money received from the State, aside from the library money ? For the payment of teachers' wages. 46. 95. How may the amount of school money re- ceived from the State be increased (a) by the trus- tees? (6) by the patrons of the school? (a) By employing additional teachers for the legal term. 10. (b) By increasing the aggregate attendance. 11. See No. 83. 96. Name all the regular legal holidays occurring during the year. New Year's Day, Washington's Birthday, Decoration Day, July 4th, Labor Day, General Election Day, Thanksgiving Day, Christmas. [Now, also Lincoln's Birthday.] 10. See No. 2. 97. What power has the school commissioner in 2ti2 SCHOOL LAW OF NEW YOKK regard to (a) repairs upon the schoolhouse ? (6) school furniture ? (a) He may order repairs to the amount of $200. (5) He may direct the purchase of new furniture, or order repairs on the old furniture, to an amount not exceeding $100 in any one year. 16. See Nos. 68, 73. 98. (a) When a district has three trustees, for what length of time is each elected ? (6) For what length of time is a sole trustee elected ? (a) 3 years. (6) 1 year. 22. See No. 29. 99. By whom is the amount to be paid for teach- ers wages fixed ? By the trustees. 33, 110. 100. What penalty is prescribed for the wilful violation of a contract, by a teacher ? The revocation of his certificate. 34, 103, 124. See No. 55. AUGUST 17, 1892 101. What amount of money may a district trus- tee or trustees expend in one year, without a vote of the district (a) for maps, globes, charts or other ap- paratus? (6) for repairs? (a) $15 , (b) $20. [Now, (a) $25 ; (J) $50.] 48. See No. 15. 102. What is the provision of law in regard to school trustees being interested in contracts for work to be done on school property ? They are prohibited from being so interested. 50. 103. What is the provision of law in regard to common school district trustees employing a rela- tive as teacher ? UNIFORM EXAMINATION QUESTIONS 263 They cannot employ a relative within two degrees [now, of any degree] of relationship without a [a f ] vote of the district. 34, 108. See Nos. 14, 24, 31, 57. 104. (a) When does the school year end? (6) What is the date of the annual school meeting ? (a) July 25 [now, July 31] ; (b) First Tuesday in Augast. viii, 19, 50. See Nos. 39, 140, 148. 105. (a) What university has free State scholar- ships which are granted on examination ? (by How many may be awarded annually ? (a) Cornell University ; (5)128. [Not changed Jan. 1, 1896.] 73. 106. (a) What is the least time for which a teacher may be employed, except to fill out an un- expired term ? (6) For how many weeks in any school year must a district school be taught ? (a) 10 weeks. 34. See Nos. 75, 93, 170. (b) 32 weeks. 10. See Nos. 45, 53. 107. How are vacancies filled in the office of (a) school commissioner ? (b) district trustee ? (c) district collector ? (a) By appointment by the county judge. 14. See Nos. 59, 92. (b) By the voters of the district, if within one month ; other- wise the school commissioner may fill the vacancy. 29. See Nos. 59, 72, 92. (c) District trustee or trustees. 30. See Nos 11, 59. 108. (a) What is meant by the legal term " un- qualified teacher " ? (6) What is the provision of law in regard to the payment of the wages of such teacher ? (a) A teacher who does not hold an unexpired certificate of qualification ; 33, 89. (b) No public money can be paid to such teacher. 33, 107. See No 81. 264 SCHOOL LAW OP NEW YORK 109. For what school officers may women in this State vote ? , All school district officers. 14, 21. See No. 28. 110. What authority determines (a) the choice of a teacher for the public school ? (6) the amount of wages ? (c) the text-books to be used ? (a and b) the trustee, trustees, or board of education. 33, 63, 110. See No. 99. (c) The district meeting [in districts, but in union schools and cities the board of education]. 55. See No. 9. MARCH 8, 1893 111. If school be taught upon a legal holiday the attendance for that day must not be included in the aggregate attendance, nor reported to the school commissioner. Why ? Because a public school cannot be legally taught on a legal holiday. 10, 116. See Nos. 20, 45. 112. When only is a school commissioner author- ized to grant a temporary license ? In cases where public convenience absolutely requires it, and applicants shall present satisfactory reasons for not having been present at a regular examination. [Now, he can only recom- mend.] 94. 113. What questions only can be legally acted upon at a special school meeting ? Only those mentioned in the call for such meeting. 20. See Nos. 16, 48. 114. State the length of term for which each of the following certificates respectively must be grant- UNIFORM EXAMINATION QUESTIONS 265 ed : (a) third grade ; (b) second grade ; (c) first grade ; (d) State. (a) Six months. [Now, one year.] 90. (b) Two years. 90. (c) Five years. 91. (d) For life. 94. See No. 166. 115. In whom is vested the power to fix the amount to be paid (a) for teachers' wages ? (>) for a site for a schoolhouse ? () The trustee, trustees, or board of education. 33, 63, 110. See Nos. 99, 110. (b) The people voting at a school meeting. 23. See No. 175. 116. How may a trustee of a common school dis- trict be authorized to employ a teacher within a prohibited degree of relationship ? By a vote of a school meeting. 34. See Nos. 14, 24, 31, 57, 103. 117. What qualifications have been prescribed for admission to teachers' training classes under the supervision of the State department of public instruc- tion? The candidate must be 16 years of age, must hold a certificate of the first, second or third grade, granted under the uniform system of examinations, or he must hold a Regents' preliminary certificate and a pass-card in physiology. [For present regula- tions, see pages 79, 80.] 118. The attendance of what pupils must not be included in the aggregate attendance as the basis for the apportionment of public money to the dis- trict? Non-resident pupils and those under 5 or over 21 years of age 37. See Nos. 54, 62, 64, 85. 260 SCHOOL LAW OF NEW YORK 119. (a) When is a teacher required to make affidavit to the correctness of the school register? (6) why does the law make such affidavit necessary ? (a) Before receiving any payment for services rendered. 49, 122. (b) Because the correctness of the apportionment of the school moneys by school commissioners depends upon the accuracy of the records of attendance. 11. 120. Where is the authority to adopt text-books vested : (a) for use in a union school ; (6) in a com- mon school? (a) In the board of education. 55. (6) In the district meeting. 44. See Nos. 99, 110. A UO UST 16, 1893 121. In a district having more than one trustee, what procedure is necessary to legally hire a teacher ? At least a majority of the trustees must meet as a board after due and timely notice to all of them, and acting as a board enter into a contract with a teacher. 110. 122. Who are eligible to the office of school com- missioner? Who are entitled to vote for school commissioner ? Any citizen, male or female, 21 years of age or upwards, and a resident of the county. All citizens, male, having the qualifications as to age and residence prescribed for voters at an election for other officers. 14. See Nos. 28, 109. 123. Give the qualification of voters at a district meeting as to (a) sex ; (6) property. (a) Male or female. 21. (b) Must own or rent real estate liable to a tax for school purposes, or must be assessed on the last com- pleted assessment-roll of the town for not less than $50. 20, 21 See No. 82. UNIFORM EXAMINATION QUESTIONS 267 124. What is the date of the annual school meet- ing as fixed by the last legislature ? The fourth [now, the first] Tuesday in August of each year, viii, 19. See No. 40. 125. Name three provisions of the " Health and Decency Act". Answers will differ. 47. See Nos. 25, 77, 177. 126. What authority determines the number of hours a teacher must teach daily? What is the redress for abuse of such authority ? The trustees or the board of education. 37, 144. An appeal to the State superintendent of public instruction. 9. 127. When is a teacher qualified to contract with a trustee to teach a school ? When he is the holder of a valid certificate for an unexpired term sufficient to cover the time covered by the contract. 33, 105-107. See No. 108, 174. 128. How must a district collector proceed in order to obtain from the supervisor of the town the public money apportioned to the district ? He must give good and sufficient bonds, approved by the trustee of the school district. 25. 129. Give the method of procedure in computing the aggregate attendance for institute week in cases where the institute is held during a term of school. Find the average daily attendance for the term of school during which the institute is held ; multiply this average by the number of days the school was closed on account of the institute. 17. See No. 87. 130. Give three items to be entered in the school 268 SCHOOL LAW OF NEW YOKK register by the teacher, and which are a part of the trustee's annual report to the school commissioner. Answers will differ. 122. See No. 119. MARCH 2, 1894 131. (a) What is the minimum length of time that a public school must be taught to entitle it to share in the public moneys ? (6) Upon what two additional items does its right to a share of the pub- lic moneys depend ? (a) 160 days, inclusive of legal holidays and institute week, and exclusive of Saturdays. 10. See Nos. 45, 58. (6) A quali- fied teacher must have been employed. 33. The trustee must have made his report to the school commissioner within the time specified by law. 50. 132. Give two reasons why the school register should be accurately kept. It is the record for the district. It furnishes the data for the trustees' report to the school commissioner. Upon this report the apportionment of public money depends. (Other correct answers accepted.) 11, 50, 122. See Nos. 119, 130, 178. 133. In a school district not having a board of trustees what officer is virtually treasurer of the dis- trict ? Give reason for your answer. The district collector. Because by giving sufficient bond he can withdraw from the hands of the supervisor all moneys be- longing to the district, and hold them in addition to the money collected by tax. [A treasurer is now optional.] 28. 134. What length of experience in teaching is required of candidates for (a) State certificates ; (>) certificates of the first grade ; (c) certificates of the second grade? UNIFORM EXAMINATION QUESTIONS 269 (a) 2 years. 92. (b) 2 years. 91. (c) 16 [now 10] weeks. 90. See No. 166. 135. A pupil has been suspended from school. When must the teacher again admit him to school ? When the pupil shall have received the trustees' consent to his return. 195. See No. 4. 136. What three district offices may be filled by the trustees in case a vacancy occur therein ? Clerk, collector, and librarian. 30 See Nos. 11, 59, 107. 137. In case of a special school meeting what business may be transacted ? Only such business as is specified in the call. 20. See Nos. 16, 48, 113. 138. (a) Why is a memorandum of contract de- sirable ? (6) What items should it contain ? (a) It furnishes evidence in case of dispute. 113. (b) Length of term of service. Date of commencement of service. Com- pensation, amount of and how payable. 114. See Nos. 52, 82, 180. 139. Why does the law prohibit the same person from holding the office of school trustee and super- visor of his town ? Because the person would pay out moneys to himself on his own warrant. This is contrary to the principles of our govern- ment. 12. 140. (a) Give date of commencement of the school year. (6) No public school shall be taught on a legal holiday or on Saturday. If a teacher lose a day from any cause, when shall such lost time be made up ? 270 SCHOOL LAW OF NEW YORK (a) July 26. [Now, Aug 1 ] viii., 19, 50. See Nos. 39, 104, 148. (b) On a school day or days immediately following the close of the term. 116. See Nos. 20, 45, 111, 143. A UG VST 17, 1894 141. State three duties of the district trustee. Answers will differ. 28-50. See No. 66. 142. (a) What officers apportion the public school moneys among the school districts of the several counties; ( ft) upon what statistics? (a) The State superintendent of public instruction and the school commissioner, (b) Upon the reports of the district trustees to the school commissioners. 10, 11. See Nos. 13, 27/62, 80. 143. No public school shall be taught on a legal holiday or on Saturday. If a teacher lose a day from any cause, when should such lost time be made up? The week following the close of the regular term of school, or at such other time as the trustee and the teacher agree upon. 116. See Nos. 20, 45, 111, 140. 144. (a) Give the date prior to which all school moneys belonging to a district should be drawn from the hands of the supervisor. (6) If there be money belonging to any district in his hands at such time, what is done with it ? (a) The 1st Tuesday in March. 13. (b) A return thereof shall be made to the county treasurer and be reapportioned according to law. 13. 145. (a) For what school officers may women vote under certain qualifications? (6) State three of these qualifications. UNIFORM EXAMINATION QUESTIONS 271 (a) All school district officers. 21. See Nos. 38, 109, 122. (b) Answers will differ. 20, 21. See Nos. 32, 123. 146. By whom is the division of a school com- missioner district made ? Board of supervisors. 13. 147. (a) Name two purposes ofthe annual school meeting. (6) In such meeting when must the vote be by ballot and when may it be by ballot or be ascertained by recording the ayes and noes ? (a) Answers will differ. 19-24. (6) In electing officers In voting a tax levy. 22-24. 148. (a) On what date does the school year com- mence ? (6) On what date must a trustee make his annual report to the school commissioner ? (a) August 1. viii. See Nos. 39, 104, 140. (b) August 1. 50. 149. Give date of the annual school meeting. The 1st Tuesday in August. 19. See Nos. 40, 124. 150. Name two provisions of the compulsory education law of 1894. Answers will differ 43. See No. 160. MARCH 8, 1895 151. (a) How is the State superintendent of pub- lic instruction elected ? (b) What is the length of term of his office ? (c) State one of his duties ? (a) By joint ballot of the senate and assembly, (b) 3 years. (c) Answers will differ. 9-12. See No. 41. 152. What part of the State public school moneys shall be applied exclusively to the salaries of teach- ers and supervisory officers ? 272 SCHOOL LAW OF NEW YORK All except the library money. 10. See No. 94. 153. " No Saturday shall be counted as part of the school term of 160 days." Give one good reason for such provision. Answers will differ. 116. 154. No school commissioner or supervisor is eligible to the office of trustee, and no trustee can hold the office of district clerk, collector, treasurer, or librarian. Why such provisions ? In order that the same person shall not hold two offices, one of which should be entirely independent of and at the same time a check upon the other. 14, 22. 155. No person shall be eligible to hold any school district office who cannot read and write. Give reason for such a provision. The clerical duties of the office require at least such qualifica- tions. Other correct answers accepted. 22. 156. (a) What is meant by the " district quota " ? (6) Upon what condition shall such quota be granted ? (a) It is the distributive portion of $100 granted to each dis- trict, (fc) upon the condition of the employment of a duly quali- fied teacher for the school term of 160 days, and $100 for each additional duly qualified teacher so employed. 10. See Nos. 13, 54, 62, 71, 88. 157. What is the legal length of term of office of a sole trustee ? One year. 22. See No. 29. 158. What is the school law with reference to (a) memorandum of contract between trustee and teach- er ; (6) with reference to when pay of teachers is due? UNIFORM EXAMINATION QUESTIONS 273 (a) "All trustees of school districts who shall employ any teacher to teach in any of said districts, shall at the time of such employment make and deliver to such teacher, or cause to be made and delivered, a memorandum in writing, signed by said trustee or trustees or by some other person or persons duly authorized to represent him or them in the premises." 113. See Nos. 22, 138. (6) "The pay of any teacher employed in any of the school districts of this State shall be due and payable at least as often as at the end of each calendar month of the term of employment." 119. See Nos 10, 22. 159. What is (a) the minimum limit of lawful school age? (6) The minimum limit of age at which attendance at school is compulsory ? (a) 5 years of age. 37, 66. See Nos. 54, 62, 64, 85. (b) 8 years of age. 43. 160. What penalty is attached to the failure of a district to enforce the compulsory education law ? The State superintendent may withhold one-half of all public school moneys from such district. 43. See No. 150. AUGUST 9, 1895 161. State in substance one of the extracts from the school law found in every school register. Answers will differ. 162. Who are qualified voters at a school meeting ? See Consolidated School Law, Title 7, Article 1, Section 11. 20, 21. See Nos. 32, 123, 145. 163. State the provisions of the school law with reference to teachers' institutes as to (a) the closing of schools outside of cities and villages having five thousand or more inhabitants and employing a su- perintendent ; (6) attendance of teachers, 274 SCHOOL LAW OF NEW YORK (a) All schools must be closed. 116. See No. 35. (6) All teachers employed in teaching or under contract to teach must attend. 103, 117. 164. " No school shall be in session on a legal holiday." Give one good reason for such a law. Answers will differ. 116. See Nos. 20, 45, 111, 140. 165. State three duties of the school commissioner. Answers will differ 14-18. 166. Name the six kinds of teachers' licenses in this State ; state the conditions upon which each is granted, and the length of time for which each is valid. (1) State certificate. Upon examination after 3 years [now 2] experience in teaching for life, unless revoked for cause. (2) College graduate certificate. Upon 3 years experience in teach- ing subsequent to graduation from some reputable college, [and possession of a uniform Ist-grade certificate] for life, unless revoked for cause. (3) Normal school diploma. Upon graduation from one of the State normal schools until revoked. (4) School commissioner's [now called uniform] certificate. Upon examina- tion under the regulations governing uniform examinations. 1. 2, or 5 years. (5) Professional [now training-class] certificate. Upon examination under the regulations governing teachers' training classes 3 years. (6) Temporary license. Upon evidence satisfactory to the State superintendent of public instruction 6 weeks. [Now three more kinds.] 89-95. See Nos 114, 134. 167. "Any failure on the part of a teacher to complete an agreement to teach a term of school without good reason therefor, shall be deemed suffi- cient ground for the revocation of the teacher's cer- tificate." State two good reasons for such provision. Answers will differ. 103, 124. See No 55. UNIFORM EXAMINATION QUESTIONS 275 168. In case of the employment of an unqualified teacher in any district, against whom may the con- tract be enforced by the teacher ? The individual trustee or trustees making the contract. 107. 169. Whose duty is it, by law, to keep the school- room clean and fit for use ? It is the duty of the trustee. 32, 119, 130, 145. 170. State (a) the minimum and (b) the maximum length of term for which a trustee can in advance make a contract for the employment of a teacher. (a) 10 weeks, (b) 1 year. 114. See Nos. 75, 93, 106. MARCH 6, 1896 171. (a) What is meant by a " district quota " in the apportionment of school money? (6) What is its amount? (a) The amount of money apportioned to the several school districts by the State superintendent of public instruction, based upon the number of qualified teachers employed for 32 weeks of 5 school days each during the year, (b) 100. 10. See Nos. 13, 54, 62, 71,83,156. 172. What day is fixed by law for Arbor Day? The Friday following the first day of May. 66, 157 See No. 79. 173. Upon what date does the school year end ? July 31. viii, 19, 50. See Nos 39, 104, 140, 148. 174. What is meant by the legal term " qualified teacher " ? One who holds an unexpired and unannulled uniform or State certificate, or a normal diploma. 89-108. See Nos. 108, 127. 276 SCHOOL LAW OP NEW YORK 175. Who has the sole power to fix the amount to be paid (a) for teachers' wages ; (6) for a school- house site? (a) The trustees. 33, 63, 110. See Nos. 99, 110. (&) The district meeting. 23, 56. Set; No. 115. 176. Name the legal holidays in this State. New Year's Day, Washington's Birthday, Decoration Day, July 4th, Labor Day, General Election Day, Thanksgiving Day, Christmas. [Now, also Lincoln's Birthday.] 10. See Nos. 2,96, 119, 132. 177. Name three provisions of the " Health and Decency Act ". Answers will differ. 16, 47, 64. See Nos. 25, 77, 125. 178. State two reasons for keeping a school regis- ter accurately. Because the public money is partly apportioned upon the aggreate attendance of resident pupils of school age. As a record for the district. 11, 49, 50, 122. See Nos. 37, 47, 54, 62, 85, 119. 132. 179. State two provisions of the compulsory edu- cation act. Answers will differ. 43. See Nos. 150, 160. 180. What items should a " memorandum of hir- ing " contain ? Term of employment, rate of compensation, and when paya- ble. 114. See Nos. 52, 82, 138. INDEX INDEX PAGE a high ideal 214 a personal tribute 215 absence of pupils 39-42, 149-154 for religious observances 45, 152,168 for examination 39 academic department union schools 59, 60, 156 normal schools 71 academic fund 61 academy, adoption of 61 defined 59, 60 adjournments 22, 54, 51 admission of pupils 119 to Cornell uv 73 to normal schools 71 to regents 59 to teachers' classes 79 age for training-class 75 of pupils 119, 180, 256, 265, 272 of teachers 108, 254 agency for text-books 15, 128 aggregate attendance 11,17,37,254,260,267 Albany 114 alcoholic drinks 43, 56, 70, 156 algebra 155 aliens cannot vote 21 alteration of boundaries. 12, 14, 17, 51 American citizenship 157 Guard 157 Museum of Natural History. 57, 71 analysis, topical, Part 1 81 Part II 217 ancient languages 156 annual meeting PAOB 19-24, 252, 264, 266, 270, 271 annulment of district 18, 32 of teacher's license 16, 33, 35, 99-104, 107, 124, 132, 134, 252, 254, 255, 256, 260, 274 apparatus 23, 48, 57, 247 commissioners interested in . 15, 129 for admission to regents 60 appeals to superintendent 9, 70, 101, 104, 134, 135, 194, 237,255,267 to the courts 134 application to regents 60 apportionment 11, 247, 250, 254, 255, 257, 258, 269 Appleton, Judge, quoted 155 arbor day 66, 157,258, 275 Archibald's Grim. Prac. quoted.. 186 assessments .30, 31 associations, teachers' 117 Asylum for Idiots 9 attendance 37-43, 55, 246 aggregate days 11, 17, 37, 254, 260, 267 at institute 103 of pupils for institute week. 17, 260 attendance officer 43, 65 attire of pupils 147 authority over pupils 45, 139, 170-179, 247, 250 ayes and noes 23, 24 ballot, when required. .22, 23, 24, 270 Barrett, Judge, quoted 152 Batavia, Institution for the Blind. 73 Bateman, Newman, quoted 161 (279) 280 COMMON SCHOOL LAW PAGE Beck, Judge, quoted 150 bequests 48, 58, 59 Bible in school 45, 166-169 biennial census 10 Bishop's Grim. Law, quoted. 186, 211 Blackstone's Commentaries, quoted 180, 188, 211 blind, institutions for 72 blizzard, closing school for 118 boards of education 51-70 vacation of office 12, 14, 64, 251 boarding-place optional 120 bonded indebtedness 18, 28, 57 bonds 22, 25, 47, 54, 76, 267 books for libraries 48 for admission to regents 59 published by the State 78 boundaries 12, 14, 17, 51 recorded 13,17,251,254 boxing the ears 186 branch schools 49, 58 breathing exercises 156 bribery punished 15, 128 Brooklyn excepted 81, 56 brooms 48 Brown, Anthony 208 Brown, Judge, quoted 208 burning of schoolhouse 117, 118 Callaghan, William 169 Cassety, James M 136 Catholic holidays 45, 152 schools 45, 109 census, biennial 10 certificates of teacher 16, 33, 35, 80, 89-108, 129, 245, 252, 254, 255, 256, 257, 260 264, 268, 273,274 date Of 105, 106 endorsed 90,253, 260 from other States 94 renewed 91 , 258 wages graded by 118 chancellor of the university.. .70, 75 change in sentiment 187 PAGE charter elections 52, 54 chastisement or expulsion 209 Cheney, Francis J 183 Chicago forbids Bible 169 Chinese children 201 Chitty on Contracts, quoted 136 Christmas a holiday 10 Cincinnati forbids Bible 169 cities, special provisions 10, 19, 49, 51, 52, 54, 56, 67, 81, 98, 110, 116,251 of more than 30,000 56 citizenship required of voters and district officers.. 20, 21, 51, 251, 266, 270, 272 of commissioners 14 city teachers, restrictions 98, 110 training classes 81 civics, instructions 157 civil procedure, code of 56 Clark John H 208 cleanliness of person 147 clerk, district, 19, 24, 25, 26, 30, 122, 260, 263, 268 union schools 54 clerk, town. 13, 14, 17, 18, 25, 32, 52, 69 Cleveland, Grover . , 137 closing school, by teacher 34,35,104,129 by trustees 117 code of civil procedure 56 code of public instruction 88 collector. 12, 22, 25, 28, 32, 46, 267, 268 orders on 258 union schools 54 college graduate's certificate.. 33, 92 colored children 38, 55, 66, 200 commissioners ,. 14-18, 53, 252, 255, 257, 273 accept resignation 29 annul licenses... 16, 99, 100, 101, 132 apportion public moneys 11, 15, 107, 247, 250, 254, 255, 257,258,269 appoint trustees 29, 261, 263 INDEX 281 PAGK commissioner approve of tax and plans.. 23, 51, 57 condemn schoolhouses. . 15, 32, 256 consent to alteration of site 83 to dissolution of union schools 53,70 dissolve districts 51 , 270 records of 25 endorse certificates 90, 253, 260 examine teachers 16, 89, 97, 255 teachers' classes 63 for Cornell scholarships 73 may not be teacher or trustee, 14, 22,52,108 order furniture 16, 257, 261 outbuildings erected 48,145,249, 258,266,275 repairs 16, 256, 257, 261 special meetings 19 punishment for agency 15, 129 receive trustees' reports 13, 52,67.69 recommend rules 15, 139 use schoolhouses 16, 17, 32 salaries of 10, 14, 240 take affidavits 260 vacancies filled 14, 261, 263 commissioner districts 13 committees to visit schools... 65, 140 common school fund 9 of a town 13, 131 compensation of teachers 13, ai, 33, 46, 57, 106, 109, 118- 120, 261, 262, 264, 271, 275 composition required. ...155, 156, 158 compulsory law 43,207,271,272,273,276 Conant, Edward, quoted 161 contagious diseases 117, 118, 200 contracts with teacheis 33, 34 abandoned 130 complete 113 conditions ...113-1?3, 196, 254, 258, 259, 274 how broken... 101, 124-137. 258, 274 PMB contracts how made 105-112,266,274 prerequisites 105-110, 246 specifications 113-123 written.... 113, 254, 259, 269, 272, 276 with city schools 49 control of child's studies 155-165 convocation, university 74 Cooley's Blackstone, quoted 188 Constitutional Limitations qu'd 182,210 Torts, quoted 119, 168, 196 Cornell university 9 scholarships 73, 263 corporal punishment 180-194, 246 Cortlandt excepted 54 course of study .... 15, 37, 43-45, 55, 155-158, 246 for city training classes 82 for high schools 60 outside branches 119 county judge 11 county superintendent 104. 158 county treasurer 11, 13 Crandall, Homer 196 criticism, liability for 133 Crocker, James F., quoted 22, 34 cruelty 100,102,127 Cutting, Judge, quoted 145 damages for dismissal 131 for expulsion 205 for injustice 137 to school property 146, 199 date of school meeting viii., 19, 252, 266 Davenport, J.I 204 deaf and dumb 72 decisions of N. Y. sup't 237-23S declamation required 155,156,158,163 degrees and diplomas 76 Demarest, Peter E 128 department of public instruction.. 74,90,101,113,132 detention after school 178 282 COMMON SCHOOL LAW PAGE Devlin. Michael E 131 dictionary 48 dignity of the teacher 212 dilemma of teacher 209 discipline... 15, 36, 37,38, 102, 180, 210 dismissal of primary pupils 145 of teachers 35-37, 101, 124-137, 258, 274 damages for 131 Disney's School Law, quoted 207 disobedience 29, 38, 70, 127, 138 dissatisfaction with teacher. . 102, 130 dissolution of district 12, 18, 25 union school 52 district alteration of boundaries 12,14,17,51,270 boundaries recorded 13, 17, 251 change in trustees 28,246.248,249,250 creation of 17, 252 dissolution of 12, 18,25 inhabitant of 30 joint 15,51 library money 11, 12, 261, 271 moneys ..9-12, 47. 50, 62, 72, 261, 271, 273 officers' addresses 14 teacher's quota 10, 11, 49, 66, 255, 257, 259, 261, 272,275 treasurer 12,22,28,54,268 under special act 19 union 51 district and union schools com- pared 68 district clerk 19,24,25,26,30,247,255 district collector 12, 22, 25-28, 32, 46, 247, 248, 255 district meetings 19-24,252,264, 266,270,271 must be held in dissolved dis- trict 18 must have representative at- tendance 19 district meetings notice by clerk 24 notice if not in schoolhouse . . .20 time of election extended 20 may accept resignations 29 may not select teacher 33, 110 may permit trustee to hire relation 34 should vote on payment to trustees 50 in districts of 300 children. . 19, 21 in vnionfree school dutricts.56, 57 estimate of money required. . .67 special meetings. .20, 24, 30, 47, 264 notice by clerk 24, 25, 30 for condemned schoolhouse. 32 for union free school 50 for disolution of u. f . s 53 appeal from 70 district quota ...10, 11, 49, 66, 255, 257, 259, 261 district treasurer .... 12, 22, 28, 54 disturbance !n school 172, 245 Dix, John A., quoted 206 Draper, Andrew S., quoted 41,176,188,253 drawing. .. .43, 44, 65, 70, 156, 157, 159 certificate 91 duration of contract 114-118, 258 Easton, Judge, quoted 190 election, notice of 24, 25, 30 election days 10 eligibility to office 272 Ellington, District No. 2 39 endorsing certificates 90, 253 enforced vacation 117 English language required 156 epidemic, school closed for. 85 Erie county excepted 20 estimates of money required... 50, 67 evening schools 44, 65, 105 examinations, absence from 39 in school buildings 32 of teachers 16 of teachers' classes 63 required for certificates 96 INDEX 283 PAGE exceptions from parts of the law, 20,31,54,66 excuses required 41, 153 exercise required 156 breathing 156 physical 156 vocal 156 expulsion of pupils 38-43,158,195-210,245 extension, university 74 extent of authority 170-179 falsehood I ... 157 falsification of register 104, 126 fast days are holidays 10 feruling 186 filthy habits 147 fines upon pupils 38, 146, 202 upon officers. See penalties. upon teachers 158, 189 Fish, KichardD 192 flags on every schoolhouse 50 free-hand drawing 43, 44, 65, 70 friendly hints to pupils 213 fuel 48,63 furniture 57, 63 commissioner interested in 15 repaired 16, 257 general laws quoted , 42 George, Chas. E 193 German required 155 Gifford, Margaret 169 gifts and legacies 48, 58, 59 Gilmour, Neil. 39, 116, 136, 159, 176,203 globes 23, 48 good character 96 gospel lots 12 grading of pupils 158 of schools 59 graduation exercises 148 grammar required 161 Gray, Frank F 102 Greenleaf on evidence, quoted... 136 Hallet, Carl 163 PACT Hanchett, L. II 202 Harris, Wm. T., quoted 161 health and decency law ..16, 47, 64, 145, 249, 255, 266, 275 heating and ventilation. 23, 51, 57, 58 Higbee, Judge, quoted 198 high schools defined 59 course of study 60 may be supported 155 High's Remedies, quoted 98 Hoban, Francis M 184 holidays 10, 35, 116, 245, 248,, 253, 261, 264,269,270,271, 273,275 closing on school day 34, 35, 129 hours of school 116, 144, 266 Hoose, James H 136 Hunt, Matthew 1 193 Hutchinson, James H 136 Hutchison. Wm 215 hygiene 156 ideal, a high 214 idleness 157 illegal voting 21 illness of teacher 180 immorality of pupils 38, 156,198 of teachers... 33, 35, 96, 99, 126, 260 of trustees 29 impertinence 199 incapacity in pupils 201 to teach 126 incompetency 33. 35, 103, 126 incorporated villages, special pro- visions.. 19, 51, 52, 54, 56, 67, 251 indecent remarks 36, 182, 202 Indian children 10, 37, 201 schools 10, 72 indigent pupils 23, 55 industrial drawing 43, 44, 65, 70 training 66,71,157 inefficiency 35 infectious disease 118, 200 inhabitant of district 80 in loco parentis 211-216 instalments 18, 23, 57 284 COMMON SCHOOL LAW PAGE Institute week, attendance. 17,260, 267 institutes 9 attendance of teachers. 10, 103, 273 care of commissioner 17 close of school. 17, 35, 72, 116, 251,273 time not to be made up.35, 116, 260 In school buildings 32 insubordination of pupils 38, 198 of teachers 127, 1:38 insurance 24, 33, 58 intemperance 99, 100 janitor work 119, 121, 145, 274 Jewish sabbath 152 joint district 15, 51, 252, 253 junior schools 59, 60 justice taught 156 keeping a good school 35 engagements 103 Kent's commentaries, quoted 182 kindergarten 44, 66, 157 certificate 91 kindness to animals 156, 157 King, Justice, quoted 177 labor-day a holiday 10 Lane, Father 152 languages, ancient 156 English 156 modern 92. 156 law-suits 24, 47, ia3, 135-137 left-handed pupils 147 legacies 48, 58 legal decisions 223-236 length of contract 33, 34, 274 of experience 255, 268 Lewis, John G 184 libel, suits for 133 libraries 10, 11, 46, 48, 63 library money 261, 271 licenses of teachers 16, 33, 35, 80, 89-108, 124, 129, 132. 134, 245, 252, 254. 255. 256, 257, 260, 264, 268, 273, 274 PAGE licentious propensities 38 literature fund 61 local normal boards 70 majority vote 22, 23 making up days. 116, 248. 264, 269, 27 management of schools.. 15, 37, 58, 70 mandamus, writ of 120 Mann, Horace, quoted 107,139, 146,175 manual training 43, 44, 65, 66, 70, 71, 157 maps 23, 48 married women 109 Mathew, Judge, quoted 186 meetings, district 19-24 boards of education 54 regents 76 teachers' 117 trustees 25, 30 members of religious orders 109 Merrill, Henry 203 middle schools 59 military instruction 157 minors, rights of 108, 120 misconduct 198 misdemeanors commissioners 15 illegal voters 21 supervisors 11 trustees 33,46, 107, 258 Missouri decision 42 modern languages 92, 156 money held in trust 27 monthly payments ' 34, 119, 246, 249. 272 monitors not teachers 10 moral character 29, 33, 35, 38, 96, 99, 126, 156, 198,260 morality taugnt 157 Morgan, Jesse 192 Morrison. Sup't, quoted 37, 108 Morrow, Annie 159 music 44 INDEX 285 PAGE names and addresses of district officers 14 narcotics 43,56, 70, 156 neglect of duty 29, 127 negligence 85 negro children 38, 55, 66, 200 New Haven forbids Bible 169 New Years a holiday 10 New York city 31, 114 corporal punishment 184 newspaper notice required. 51, 57, 65 non-resident pupils 37, 38, 55, 63, 251, 254. 256, 259, 265 tax-payers 31 normal schools 70 diplomas 16, 33, 94 students 71 not scholars but men 213 notice of election 24, 25, 30 nuisances abated 16, 48 Odgers on Slander quoted 134 on the road 173 orders on supervisors 14, 250 orphan asylums 37, 66 outbuildings.. .16, 47, 64, 145, 249, 258 outside stair-cases 31, 64 the school ....148, 152, 173-179, 201, 247, 250 pails provided 48 Pardee, Sheldon J 128 parents, authority of 40,41,43,45,149, 181 courses of study 158-165 excuses required 41, 153 liable for damage 146 patriotism taught 157 Patterson, John H 203 payment of wages 119 as damages 131 pecuniary fines ....as, 146, 158, 172, 189, 199, 202 pedagogic books 48, 97 penal code, quoted 21, 172 penalties PAGB changing text-books 44 commissioners 15 district 33, 259 employers 43 illegal voting ?1 neglect of school officers 47 non-report to commissioner 47 non-report to regents 52 parents 43 payment of unqualified teacher.107 refusal to serve 29 schools not closed for institute.. 17 supervisor 11 supervisor to sue for 12 teachers 274 town clerk 25 trustees 33, 47, 50, 258 unclean o uthouses 47, 249 Pendergast, Rachel 189 pension law 130, 132 Pertle. James S. , quoted 180 personal cleanliness 147 physical exercises 156 physiology and hygiene.43, 56, 70, 156 play encouraged 156 playground, authority on 172 poor-house children 37 poor scholars 23, 55 posting of notices 26, 51 postmaster compared with teach- er 141 Potter's Devorris, quoted 183 Pradt, J. B. quoted 160 Pratt, C. E., quoted 163 prayer in school 45, 145, 166-169 primary pupils dismissed 145 principals, functions of.. 142, 158, 180 private schools 172, 180, 211 - privies 16, 47, 64, 145, 249, 258 profanity 99, 100, 157, 197, 198 provisional regents' examinations. 62 public moneys 9-12, 62. 268 apportioned by commissioner. . 15 to Indian schools 10, 72 withheld for failure to report. . 47,288 286 COMMON SCHOOL LAW PAGE public moneys withheld for unclean outbuildings 47 publications by the State 78 punishment, corporal 180-194 on school premises alone 179 pupil attendance 17 teachers 10, 108 pupils, attire of 147 authority over 55 course of study 158-165 expulsion of 38-43 grading of 158 incapacity in 201 indigent 23, 55 interference with 177 left-handed 147 non-resident 37, 38, 63, 254, 256 normal 71 teacher and parent 40,41,55,158-165 transfer of 55 truant schools 43, 65 qualifications of commissioner. . . 14 of district officers 22 of voters. . ..20, 51, 251, 266, 270, 272 qualified teachers 10, 33, 35, 64, 80, 89-108, 259, 263,267,274,275 quota, district. See teacher's quota teacher's 10, 11,; 49, 66, 255, 257, 259, 261, 272, 275 railroad taxes 26 Randall, Henry S.. quoted .169 S. S., quoted 176 reading-books from library money 48 recess, hours of 144 belongs to pupils 178 records, boards of education 64 town clerk 13 trustees 49 recovery of wages 136 Reeves's Domestic Relations, quoted 180, 18 PAGE reference books 48 references to statute laws 240-242 regents of the university. 50-62, 74-78 examinations 62, 74, 77 transfer of library 48 register, care of 50. 122, 252, 253, 265, 267, 268, 269,276 affidavit 122, 260 extracts from law 273 falsification of 104, 126 registration of schools 61 relation of teacher to trustees 138-143 to superintendent 142 relationship of teacher to trustee 34,108,247,249,250,255 religious belief 97, 98 exercises 44, 100, 166-169, 245 meetings in schoolhouses 32, 169,248 observances 126 observances by pupils 39, 45, 152 orders, members of 109 removal of commissioners 15 of members of boards of educa- tion 64, 70 of members of local normal boards 70 of trustees 29, 47, 50 renewal of licenses, see licenses repairs 16, 48, 58, 256 reports of boards of education of commissioners 18 of trustees 47, 50 to regents 62 resident pupils 37 restrictions upon city and village teachers 98, 110 revocation of licenses 16, 33, 35,.99-104, 107, 124, 132, 134, 252,254 rhetoric required 155, 159 Rice, Victor M., quoted.25, 26, 27, 191 INDEX 287 PAGE Richmond county excepted 80 Rothrock, Judge, quoted 147 Ruggles, quoted 40, 146, 173, 176 rules and regulations 37-45, 55, 59, 138-148, 246 Russell on Crimes quoted. . . . 186, 188 Sabbath respected 126 St. Johnsville decision 20 St. Lawrence county excepted 20 salaries of commissioners 14 of superintendents 9 Sanders, Clarence 40 Saturday a holiday 116, 271 scholarships, Cornell 73 school age 37, 66 authority in 170 school commissioner, see commis- sioner school district. See district. schoolhouses condemnation of 15, 32, 256 custody of 32, 58 heating and ventilation 58 limit to tax for 31, 56 may be used by commissioner.. 16, 17,32 outside stair cases 31, 64 plans for approval 16, 56 repairs ,16,48, 256,264 religious services in 32, 169 sites 16. 23, 32, 56 school journals 97 school lots 12 school meeting 19-24, 252, 264, 266, 270 school moneys 9-12, 47, 62, 72, 261, 271, 273 of atown 12 apportioned by commissioners.. 15 how paid out in union schools. .67 school register. ..50, 122, 252, 253, 265 school year begins 8, 19, 252, 263, 269, 275 length of 10, 253, 254, 267, 268 PAGE school deficiency for institute 10 school-room, ventilation 156 Schouler's Domestic Relations, quoted 211 secretary of regents 76 selection of teacher 33, 110 senior schools 59 severity of punishment 37 Sewell, J J 159 sex no disqualification 14, 21 singing schools 172 Sites 16, 23, 32, 56 Skinner, Charles R., quoted.. 101, 252 slander, suits for 133 Smith, Ernest L 192 special meetings 248, 253, 264 Spencer, John C., quoted 169, 176 stair-cases 31, 64 State certificates 16, 33, 92 State moneys, how used 46, 261 State publications 76 State tax 13 State treasurer 11, 13 statute laws, references to.. .240-242 stimulants 43, 56, 70, 156 stoves provided 48 Stowell, Thos. B 13i Strough, Perrin A 101 substitute teachers 105, 129 superintendents, city and village, 9,18,72, 105 may not teach 19 relation to trustees and teach- ers 142,158 superintendent of public instruc- tion 9, 249, 252, 271 appoints local normal boards... 70 apportions school moneys 10 decides appeals 9, 70, 104, 134, 135, 194, 237, 255, 267 decisions referred to 237 designates schools for teachers' classes 62 288 COMMON SCHOOL LAW PAGE sup't public instruction determines population of dis- tricts 18 directs commissioners to take testimony 16 fixes minimum course of study.. 60 issues pamphlets for arbor day.. 67 makes appointments to institu- tions 72 makesary loans 13 may consent to correction of tax list 31 - make allowance to unreported districts 47 order outbuildings erected 64 order special meetings 19 remove trustees 29, 64 receives certificates of appoint- ment 11 notice of action as to union schools 52,53 removes trustees 17, 116, 251 requires reports of boards of education 69, 70 reviews breaking of con tracts.. 124 supervises union and normal schools 70 supervisors 12, 13 act on district boundaries 12,14,17 cannot be trustees 22, 52, 271 certificate of commissioners 11 consent to renewal of warrant.. 26 distribute public moneys 12,250,270 filing of bond 11 may change commissioner dis- tricts 13 may increase commissioners' allowances 14 orders upon for wages 46, 258 reports of collectors 27 sue for penalties 21 unexpended public moneys 21 Suffolk county excepted 20 supplementary reading-books 48 PAGE suspension of pupils 38-43, 158, 195, 245, 268 damages for 146 Sweevers, Judge, quoted 147 tabular analysis, Part 1 81 Part II 217 tardiness 38, 41, 149, 150 taxes 13 for apparatus 23, 56 building 23,31,56 contingent expenses 68 deficiency 23 fuel, etc 48 insurance 24 library 23 outbuildings 48 teachers' wages 24, 46, 47, 56, 57, 68 how collected 25-28, 32, 248 enforcement 25, 27 how paid out 67 tax-list 30, 31 clerk employed 50 filed with town clerk 32 teachers act as librarians 48 affidavit to register.. 46, 49, 122,260 authority... 45, 139, 170-179, 247, 250 associations of 117 change of 10 contract 33, 34, 105-137, 196 dismissal of 35-37, 102 dissatisfaction with 102, 130 district quota 10, 11, 49, 66 employment of 33-37, 63, 249 examination of 16 incompetency 33, 35 liability for suspension 196 may not be commissioner, su- perintendent, or trustee 14,19,22,50 may not be relative of trustee 34, 108,262 meetings of 117 must attend institutes 273 INDEX 289 PAGE teachers must instruct non-residents. 38, 119 keep engagements 103 verify school report 46,49,122,260 need not board with trustee 46 orders for wages payable to themselves alone 46 pay for time at institute 17 pecuniary fines 158 place not to be taken 139 protection against insult... 171, 246 qualified 43, 46, 66, 80, 89-108 relation to parents 170-179 to trustees 138-143, in relationship to trustees 34, 108,262,265 substitute 105, 129 in evening schools 100 vocal music 157 wages 12, 24, 33, 46, 57, 106, 109, 118- 120, 246, 249 teachers' classes 9, 16, 62, 74, 79-81, 119, 265 teacher's dilemma 207 quota 10, 11, 49, 66, 255, 257, 259, 861, 272 temperance meetings 32 temperature 156 temporary licenses 33, 94, 264 tenants as tax-payers 30 term of employment 258,261,263,274 text-books.. ..23, 37,43, 44, 55, 128, .. ..K5, 156, 159, 246, 264, 265 commissioners interested in.15, 129 Thanksgiving a holiday 10 tobacco, use of 138, 144, 147 Tobias, Anson 192 Tounshend on slander, quoted. ..133 town board 13 town clerk ..13, 14. 17, 18, 25, 32, 52, 69, 251 town treasurer 12 PAOK training-classes 9, 16,62,74,79-81,91,119 transfer of pupils 55 treasurer, county 11, 13,270 district 12,22,28,54.268 State 11,13 town 12 tribute, a personal 215 trifling conversation 36 truant schools 43, 65 trustees 28-50, 249, 256, 269 approve collector's bond 25 call special meetings 19, 51 consent to alteration of bound- aries 17 contract with teachers 34, 1 10 draw orders 258 elected how 22 expenditure within vote 48 without vote 46, 262 fill vacancies. 25, 26, 247, 255, 263, 268 fix wages 48,247, 262 interest in contracts 50, 262 majority of three 12,30,31, 110, 138,266 may borrow money 23 may not be teacher, etc .. 22, 108, 271 may not hire relative. . .34, 108, 262 meetings of 25,30 must sustain the teacher 34, 38 payment of unqualified teacher 107 present statement 22 purchase apparatus 48, 247, 262 qualifications 22. 272 relation to teachers. . . . 138-143, 274 reports 13 rules and regulations 37-45,138-143 term of office 22,250, 261 vacancies filled 29, 255, 257, 261 vacation of office 12, 14, 271 wrangling among 117, 118 written orders of 12 truth taught ....157 290 COMMON SCHOOL LAW PAGE Tucker, Wm. A 159 tuition of pupils 37, 38, 55, 63, 251, 255 free in teachers' classes 62 uniform certificates 33, 89-92, 253 questions in school law. . . .245-276 union districts 51 union free schools 50-70 boundaries altered 18 collector 54 compared with district schools.. 68 contracts with teachers Ill may transfer library 49 money turned over to treasurer. 12 must teach drawing 156 relationship of teacher 34 text-books 44 treasurer .54 U. S. deposit fund 9, 61 U. S. flags required 57 University of the State of New York 74-78 university convocation 74 university extension 74 unprofessional conduct 100 unqualified teachers 33,46,66, 107,263 vacancies filled commissioner 14, 261 , 263 district officers 25, 26, 247, 255, 263, 268 trustee 29, 261, 263 vacation of school 35 enforced 117 of office 12,14,29 vacation 42 vaccination 42, 200 valuation of property 30 ventilation and heating 23,51,57,58,156 vicious habits 147 villages if of 5,000 inhabitants. 57, 98, 110, 116 establish kindergartens 44 PAGE may appoint superintendent. 18,84 need not close for institute.. . .17 restriction on teachers 98, 110 incorporated 19,51,52,54,56, 67 Vincent, Judge, quoted 195 violence permitted 185 visitation of regents 59-62 of superintendent 70 of committees 65 vivisection forbidden 157 vocal exercises 156 music 44, 65, 71 certificate 92 qualification of teacher 157 voters 20, 21 vulgar remarks 36, 182, 198 wages of teachers 12, 24, 33, 46, 57, 106, 109, 11*- 120,261,262, 264,271,275 extra pay 119 graded by licenses 118 recovery of 136 warrants for taxes 26 filed with the town clerk 32 Warren county excepted 20 Washburn, Irving 131 Washington's birthday 10 water-closets 16, 47, 64 Weaver, Abram B., quoted 147 Wells, Jessica 101 Wharton's Criminal Law, quoted 171,182, 188 White Plains excepted 54 Wickham, Harris 127 Wickersham, J. P., quoted 160 Wisconsin decision 38 withholding certificate 98, 255 women, married 109 rights of .14, 20, 21, 250, 263, 266, 270 Wood, James 1 59 written excuses 39, 40 Young, Samuel, quoted 192 -THE SCHOOL BULLETIN PUBLICATIONS. Books for New York Schools. X. A Manual of School Law. By C. W. BARDEEX. Cloth, 16mo, pp. 800. Manilla, 50 cts. ; cloth, $1.00. This book has been for twenty years the only recognized text-book on the subject. The present edition was wholly re-written in 1896, and brings the subject up to date. It includes the author's "Handbook for School Trustees ", and adds all the questions in school law given at uniform exam- inations from the first to March, 1896, with full answers as published by the State Department corrected to date according to changes in the law. 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The same, each subject by itself, all Manilla, 16mo: Arithmetic, 1293 Questions, pp. 93, 25cts. Geography, 1987 Questions, pp. 70, 25 cts. Grammar, 2976 Questions, pp. 109, 25 cts. Spelling, 4800 Words, pp. 61, 25 cts. Keys to Arithmetic, Geography, and Grammar, each 25 cts. In the subjects named, no other Question Book can compare with these either in completeness, in excellence, or in popularity. By legislative en- actment no lawyer can be admitted to the oar in the State of New York without passing a Regents' examination in these subjects. No questions ON OTHER SUBJECTS OB OF LATER DATE Ore printed BY SUBJECTS OT WITH ANSWERS. 4. The Regents' Examination Papers for the Academic Years 1892-3, 1893-4, 1894-5, 1895-6, 1896-7, 1897-8. Cloth, 12mo, each year, 81.00. These books give no answers, but they contain all the questions for the year in all departments, including Academic, Medical, Dental, Veterinary, Law, and Library examinations, embracing the following subjects: algebra, anatomy, arithmetic, art topics, astronomy, bibliography, book-binding, book-keeping, botany, Csesar, cataloguing, chemistry, Cicero, contracts, corporations, dentistry, drawing, electric engineering, English, ethics, French, geography, geology, geometry, German, Greek, nistology, N. Y., U. S., English, French, Greek, and Roman history, home science, Homer, hygiene, Italian. Latin, law, library work, Am., English, French, German, Latin, and Greek literature, metallurgy, materia iriedica, obstetrics, Ovid, painting, pathology, pedagogics, physical geography, physics, physiology, psychology, real property, Sallust, Shakspeare, spelling, stenography, sur- gery, therapeutics, torts, trigonometry, Virgil, wills, Xenophon, zoology. 5. The Dime Question Books, with full answers, notes, queries, etc. Paper, pp. about 40. By A. P. SOUTHWICK. Each 10 cts. ELEMENTARY SERIES ADVANCED SERIES 3. Physiology. 1. Physics. 4. Theory and Practice. 2. General Literature. 6. U. S. History and Civil Gov't 5. General History. 10. Algebra. 7. Astronomy. 13. American Literature. 8. Mythology. 14. Grammar. 9. Rhetoric. 15. Orthography and Etymology. 11. Botany. 18. Arithmetic. 12. Zoology. 19. Physical and Political Geography. 16. Chemistry. 20. Reading and Punctuation. 17. Geology. The immense sale of the Regents' Questions with answers in Arithme- tic, Geography, Grammar and Spelling has led to frequent inquiry for like questions in the Advanced Examinations. As it is not permitted to print answers to these, we have had prepared this series. Frequently a 81.50 book is bought for the sake of a few questions in a single study, Here the studies may be taken up one at a time, a special advantage in New York, since ap- plicants for State and Uniform certificates may present themselves for ex- amination in only part of the subjects, and receive partial certificates. The same plan is very generally pursued elsewhere. These books are not in any sense of the word treatises on these subjects, but they are suggestive and stimulating. Special Books for Regents' Schools. 1. The Rsgents' Questions In Arithmetic, Geography, Grammar, and Spelling from the first examination in 18C6 to June, 1882. (No questions of later date will be printed.) Being the 11,000 Questions for the preliminary examination for admission to the University of the State of New York, prepared by the Regents of the University, and participated in simultane- ously by more than 250 academies, forming a basis for the distribution of more than a million of dollars. Complete with Key. Cloth, 16mo, pp. 473. $2.00. 2. Complete. The same as above but without answers. Pp.340. $1.00. S. Separately. The same, each subject by itself, all Manilla, 16mo.: Arithmetic, 1293 Questions, pp. 93, 25 cts. Geography, 1987 Questions, pp. 70, 25 cts. Grammar, 2976 Questions, pp. 100, 25 cts. Spelling, 4800 Words, pp. 61, 25 cts. Keys to Arithmetic, Geography, and Grammar, each 25 cts. These are of course an indispensable preparation for the Regents' Ex- aminations, and have been used for twenty years in most Regents' schools. h. Regents' Selections in Literature. Selections for Repetition from Memory at the Examinations conducted by the Regents of the University of the State of New York, in connection with the courses of American, German, and French Literature. Leatherette, IGruo, pp. 56, 25 cts. Each separate, paper, 10 cts. These selections were officially prepared in the Regents' office, and pub- lished under the direction of Mr. James Russell Parsons, jr. Besides their special purpose, they will be found admirable for use in classes. 5. Outlines of English Literature. By BLANCHE R. DANIELS. Cloth, IGino, pp. 50, interleaved for notes. 50 cts. This has been prepared especially for Regents' classes, and follows the Syllabus closely. It contains ltd par traits, with sketches, critical notes, etc., and while invaluable for its special purpose, will also be found of great utility in all literature classes. 6. Review Problems in Arithmetic for Schools under the supervision of the Regents. By Mrs. JENNIE B. PBENTICE. Paper, 16mo, pp. 93. 20 cts. Key, 25 cts. 7. Review Questions in Geography for Schools under the supervision of the Regents. By Mrs. JENNIE B. PBENTICE. Paper, I6mo, pp. 48. 15 cts. These books have been prepared to supplement the published books of Regents' Questions, and afford an admirable drill in these subjects. Not a single problem in the first can be found in any published arithmetic, and very few questions in geography have ever been asked by the Regents that are not to oe found in the second. 8. Elementary English. Prepared with reference to the Regents' Ex- aminations in the State of New York. By JOHN D. WILSON. Leatherette, 16mo, pp. 50. 86 cts. This contains among other things all the work in Etymology required by the last Regents' Syllabus. 9. A Vocabulary of Caesar's Gallic War, Book II. By GEORGE M. SMTH. Cloth, 16mo, pp. 69. 50 cts. 10. Conspiracy Of the Helvetians. Five chapters of Caesar's Gallic War. For use in First- Year Latin Classes, especially in Regents' Schools. Con- taining Special Vocabulary, Exercises in Latin Composition, Idioms, and Ir- regular Comparisons, with Suggestions for Study. By a High School Teacher. Paper, 16mo, pp. 20. 10 cts. C. W. BAJBDEEN, Publisher, Syracuse, N. Y. -THE SCHOOL BULLETIN PUBLICATIONS- Helps in Regents Examinations 1. The Regents Examination 'Record. The present edition of this Record covers the course of study adopted for the five years 1900-1905. It has received the approval of the Regents office, and blanks are left to pro- Vide for possible changes after the year 1905. This Record is well-known in Regents schools as an indispensable time-saver. It contains an alpha- betical index, a classified record of certificates and diplomas, and individual records for 432 pupils, with dates of all credits, pass-cards, certificates, and diplomas. It is substantially bound in half leather. Price $3.00. For the larger schools, a double size, for 864 pupils, is bound in canvass. Price $6.00. 2. Regents Individual Card Records. These give the same individual record as above, but are printed separately on cardboard. Price $1.50 a hundred. 3. Regents Examination Paper. This is prepared from forms furnished by the Regents office, and is of a weight and quality of paper chosen there as best fitted for the purpose. It is used by the Regents themselves in ex- aminations conducted by them. The paper is printed in four forms, viz.: Whole sheets, Half-sheets, Spelling in half-sheets, and Book-Keeping in whole sheets. We suggest for most schools the following proportion: Whole sheets, 350, equal to half -sheets 700 Half-sheets 100 Spelling 100 Book-keeping, 50, equal to half-sheets 100 1,000 We will however fill orders in any proportion desired. The price is $2.00 per 1,000 half-sheets. It is done up on two sides in heavy tar-board, making a light and safe express package. The same boards are to be used in sending the students' papers to the Regents. It does not pay to use cheap examination paper. Sup't J. Irving Gorton of Sing Sing wrote us May 28, 1900: " Please send me one ream best Regents paper and one ream best Drawing paper, the best you have, as we do not want to bother OUR PUPILS with poor material. WE HAVE TRIED TWICE ELSEWHERE, AND THE PAPER WAS NOT GOOD ENOUGH." 4. Regents Drawing Paper. The demand for a paper that would answer all the requirements for the examination in drawing led us to prepare a special paper of the size and quality approved by the Regents. This is uni- form in size with the other paper, but is not included in the assortment put up in packages. It costs $2. 40 per ream, or 50 cts. per 100 sheets, is of excep- tional quality, and is usually considered indispensable where the drawing examination is to be taken. This paper is of the best quality and we recommend it first; but for those who can not afford it and want a cheaper paper we furnish a grade at $1.50 per ream, 40 cts. per 100 sheets, that is the best such money can buy. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. MAY ; SUBJECT TO FINE IF NOT RETURNED j<3 EDUCATION LIBRARY JUN JUN 91969 ./ PSYCH. Form L9-100m-9,'52(A3105)444 UCLA-ED/PSYCH Ubrary LB 2523 B23 L 005 578 951 5 LIBRARY FACILITY fcOS A 061 oi'T'sie ....... 7 , CRLt.