THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW V {II ' THE ^Common School Laws OP PENNSYLVANIA A^M) DECISIONS OF THE SUPERINTENDENT WITH EXPLANATIONS, ETC. REVISED AND ARRANGED BY N. C. SCHAEFFER Superintendent of Public Instruction. HARRISBURG: (• K AriJUIM'.AIT.H. I'ltlNTRK TO TIIR STATK uK I'KN \S VIVA \ I.\ 1909 s CONTENTS. DISTRICTS. " Page. ('ousolidated districts 1 Independent districts ~ Changes in districts , <» .'owers and lial)ilities of districts, 17. J ..LECTORS AND CONTROLLERS. Election and appointment of directors and controllers,.. 18 Organization of tlie Board, i57 Duties of officers ^^ Meetings of the board, 32 Towers and duties of directors and controlhus 'A4 REVENUES FOR SCHOOL PURPOSES. Slate appropriation, 90,178 Assessment of taxes 90 Duties of auditors, 105 SUPERINTENDENTS OF SCHOOLS. State Superintendent, 113 County Superintendents 110 City, borough and township superintendents 13S STATE NORMAL SCHOOLS, 141 (iii) 723826 iv CONTKNTS. Page. er of Cduncilinen ami school directoi-s, as afore- said fixed shall be electe: .^^arch 24. ISTT, page 47: Mav 10, 1S7.S. page 51 : February IT,. ISS.'i. page .". : Mav 24. 1.SS7. page 1204: and .\fay 28. 1887. page 274. INDEFENDENT DISTRICTS. H.iw iiui.-ixri ' V. That upon petition of not less; rluin twenty eiit (tiatrictii iiiu.v taxable inhabitants of any townshi[) or town- !»■ formed. ships, desiring the formation of the territory upon which they i-esid(> into a separate and independent common school district, and setting forth the bounds of such proposed (c) Act .Mav S, 1854, sec. L', P. L. p. 617. 1.1) Act .May l.S. 1889. sec. 1, P. 1.. I). 193 OF PENNSYl.VAXIA. 8 district, the court of quater sessions of the proper county sliail appoint commissioners to view the premises and report to tlie court, at its next term, the lines of the proposed new district, either according to tiie bounds set f(>rth in the pe- tition, or to such other bounds as they shall think ^."f . .{"'^^"."^"''u',',' more advisable, togetlier with their opinion on the (o?m«i.* ""''' expediency of establishing or not cstablishinL;- the sajue ; the proceedings upon which petition, commission and report, and the final disposition thereof, shall in all other respects , be ac- cording to the act of Assembly now in force, relative to the erec- tion of new townships: I'rovided, That if said pi'oceedings i-esult in the establishment of a new common school district the cost of the commission and the office fees shall be paid by said new district : but if otherwise, said costs and fees shall be paid by the in- titioners themselves (e). VI. That whenever a new district shall be erected, according to the provisions of this act, it shall become, to all intents and purposes of the common school system of the State, a separate and independent district, subject, however, to the provisions of the third section (No. VII) of the act to which this is a sup- plement (f). VII. That when a new district shall hereafter when districts be formed, such district shall not be considered become imlepen- and recognized tis a separate and independent tleni. school district \uitil after the termination of the cun-ent school year in which it became a new district, and until it have a full board of directors regularly elected or appointed an(i organized, except that the directors thereof shall have au- thority to levy, assess and collect tax, procure ^o^d'^ "^ "' " school houses and do all other acts necessary to the commencement of the schools for the ensuing year (g). 2. Directors in office when changes of districts or district lines are effected, are to continue to act as directors of the old dis- trist till the end of the then current year of their term of office. If, however, a director residing in a part of an old district which has been struck off into a new or another district, be elected director to such new or other district, he should resign his place in the old board and not act in both. 3. The board of a new district may do every officitil act, dur- ing the year next before that in which it goes into septirate and independent operation, necessary to the putting of the schools (e) Act May 8, 1855, spc. ■">, P. L. p. 5U!». (f) Act May 8. 1855, sec. G. P. L. p. 510. (g) Act May 8, 1854, sec. :{, P. L. p. 617. 4 SCHOOL LAWS AND DEriSIOXS into full working order, except that of actual opening them for instruction. All taxes levied and contracts made for these pur- poses are as binding as if levied and made by an old district. VIII. That the true intent and meaning of the provisions of the supplement to the general school laws, approved the eighth day of May, Anno Domini one thousand eight hundred and fifty- five, for the creation of independent school districts, was and is to provide, in a, guarded manner, for exceptions to the general rule, and to protect and promote the educational welfare of occasional localities that, from natural or other adequate obstacles, could not be properly provided for under the oi-gauization of township districts ; and further, it was not the intention to cut up townships into single school districts, nor to carve out the wealthier from the poorer portions of a township or townships, to the prejudice of the rights and interests of the latter: And it is further enacted, That when an independent district has been created in violation of these principles, the Court may annul court of quarter sessions of the proper county fnaependent , P. L. p. 286. 8 SCHOOL LAWS AND DECISIONS the samp, as the i)roper directors had before the alteration or abolition. And if anv money be on hand or debt Division of prop- „npaid. or any tax or othuled within the school district to which it is so annexed, for educational purposes, and remain connected with the district or township of his resi- dence, for all other purposes : and the said court shall, upon the petition of any one desiring such change, proceed by views and reviews, in the manner, and under the restrictions provided under the act of the General Assembly, approved April fifteen, one thousand eight hundred and thirty-four, with its supplements, in regard to the alteration of the lines of any two or more ad- joining townships: Provided. That all the costs of such proceedings shall be paid by the person or persons applying for such change (s). XX. That the several courts of quarter sessions of this Com- monwealth, shall have authority within their re- Tourts may an- spective counties, to annex the land, or parts cfues'^for s^chool thereof, of persons resident in one township or purposes. boroush to another township, borough, or to a city containinu- w^t more than ten thousand in- habitants for school purposes. That the transfer of lands, or parts thereof, of residents of a township or borough, to any such city for school purposes, shall only bc' by and with the consent of the board of school directors of both districts; that this act shall not affect any case now pending in any of the courts of this Commonwealth (t). (r) Act April 11, 18(52. sec. 10, P, L. p. 47.S. (s) Act of Anril i;:, 1867, ^ec. 1. P. I., p. 80. (t) Act A[iril IT, 1876, sec. 1 P. L. p. 38. OF PENiVSYLVANlA. 9 XXI. That the act to whicli this is a supplement, shall he construed to include all cases of persons being resident of any township or borough, to have other lands owned by them in any other township or liorouRli. annexed to th" liorounh or township in which they reside, in the manner and for the jiurpose herein mentioned (u). XXII. That whene\er territory adjacent and adjoining any city of the third class (^(unprising one school district has been or shall hereafter be annexed 'le^'XItH'^t^ "^ to and made a part of any such city of the third "^^ '' '^ • class that the territory or district so annexed shall constitute and form a part of the school district of said city (v). XXIII. That the clerks of the courts of quarter sessions of the several counties of this ('ommonwealth shall forward to the Superintendent of Common Schools, a certified copy under seal of the decree of said court of Formation of their respective counties, creatins any new school be^certifled ^ districts, whether it be formed by the incorpora- tion of a borough, the creation of a new township, or the forma- tion of an independent district, said certificate to be forwarded within thirty days after the entry of such decree ; the costs of such certificate shall be a legal charge against the district thus formed (w;. XXIV. That whilst proceedings are pending in any court of this Commonwealth for the division of any town- ship or school district, or for the erection of any Tax cannot be borough, it shall not be lawful for the schoo'l 'evied while pro- directors of the township or district proposed pending^ ^^'^ to be divided, or out of which such borough is proposed to be erected, to levy, assess or collect any tax whatever for the purchase of ground or for school building purposes, ex- cept where the same shall be necessary to rebuild a school house accidentally injured or destroyed, or to pay a building del>t pre- viously incurred (x). 7. A new district cannot be recognized by the Department of Public Instruction till the certified copy of the decree of the court required in section XXIII has been received. XXV. That whenever any new district shall he formed in any county of this Commonwealtli. it shall be the dutv of the commissioners thereof to certify "^'.'^y. °^ Com- to the Superintendent of Common Schools, he- "'^^'oners. fore the commencement ' of the next succeeding school year, the number of taxable inhabitants therein, and also the number in the district or districts from which it was taken, separately, ac- fn) Act April 20. 1869, sec. 1, P. L. p. 80. (v) Aft .Iiino 24. 189.5, sec. 1. P. L. p. 239. (w) Act April IT. 186.T, sec. 1. P. I,, p. 62. (s) Act Jnne l.S, 1874, sec. 1. P. L. p. 284. 10 SCHOOL LAWS AND DECISIONS cortliuji to the last preceding- triennial euumeratiou of taxables made for school purposes, so that the whole nuinher in such new districts, and in that or those out of which it was f.ikeu, bein;^ added together, shall be neither greater nor less than the number that was therein before the change was made, and according to the last trii'uniai certiticate or return of taxalilcs tln'J'eof made i)y the said commissioners (y). XXVI. That every school district which has been or may hereafter be formed by the erection of a bor- n^t'T^t*^ b^\\"^ ough out of any township or parts of adjoining shart-'^in^HKhts tow nshijiS shall share, in just liroportion, in the aurt liubliities of rights and liabilities of the scIi.joI dist!ict or lownships froui districts of the said township or to\vnshi)is ex- whlcu formed. [stinii at the time of the incorporation of such borough, the proportion of such new school district to be asi--,')- taiued by reference to the assessment of said How pioportiou- towuship or townships for the year in which ate share of each such borougli was incorporated, and in all pend- tained "^ ''**"*''' ing actions by or against the school district or districts of the said township or townships, and in all actions thereafter brought by or against the same, the new school district or r (h'fend the same as liie ca^e may be (a). XXVIII. Whenever any school district has been or many here- after be formed as aforesaid, or ^^llenever any school district lias been or may hereafter be I'utirely merged into more than one school district as aforesai(i. any court of common pleas in the projjer couuty. sittmg in Court sitting in equity, shall have power upon the applTcitiou ?[|"t''''a'nrt'\'pp'',','.! of any one or more creditors of the school dis- Jj^,, indobteiiness. frict or districts of said townshii) or townships, or upon the application of the proper authorities of the school district or districts of any said township or townships, borough or boroughs, or either of them, by suit or suits in equity, to ascer- lain the indebtedness of the scho(d district or districts of the sni pr()i)ortion of the real estate and school houses reaf*e'statV''^pt(' belonging to the old district, or districts, is with- in the hounds of such enlarged districts, and, if so, how much moufy shall be paid therefor by such enlarged dis- trict to the old district, or districts ; and if any money be on hand, or debt unpaid, or any tax or claims be uncollected after the settlement of all such accounts prioi' thereto, the said court shall . . divide said money or debt amongst the districts, mlmey^oi^clebt '"^ '^"^''^ proportions, — and shall make such ordei- ■ as to uncollected tax or other claims. — as shall be just ; and any sum, thus decreed to be due by any district to any district or individual, shall be entered in the nature of a judgment against the same, and shall be subject to execution, in the manner [)rescribed in the twenty-first section of the general common school law, on the eighth of IMay, one thousand eight hundred and fifty-four (c). XXX. Three months' public notice shall be given under tin- order of said court to all persons ha\ing claims Notict' to pei-sons against the school district or districts of said having claims township or townships, excepting claims in against the ells- ,.' .. ii- i;ij ^ ^ tricts to present pending actions and claims founded on tort, as same. afori^said, to i»!-esi'nt the same on or before the (lay therein niuncd. and all persons not pre- Faihiie lo pee- senting their said claims on or before the said ^''"*- (hiy shall I)'- forcviM' debarred from enforcing ,, ... ,. .. collection (if the same, said notice to be pub- lunlical loll ol T- 1 1 • i 1 ii i- f ii jiiifip^, hshed ui mil less lluiu two newspajxTs ot the proper ediinty, if Ihere are so many printed in said coun(.\', or if llicre he hul one newspaiier prinled therein. (b) Act .]\\n(- 21. 1S!).">, sec. 3. I'. 1.. p. JGO. (f) Act April 3, 1903, sec. 1, V. L. p. 142. OF PENNSYLVANIA. 13 then said notice shall be printed in the same and shall be pub- lished in any other manner directed by the said court: Pro- rided, however. That no owner or holder of anj' l)ond or bonds of any school district shall, for Holders of bonds any failure to present or make proof of the same barred°from%o^* •as aforesaid, he prechided or debarred thereby lecting same, from enforcing collection of the same (d). XXXI. The said court shall have power to make all needful rules, orders and decrees in the premises, and for the collection and payment by the school Rules, etc., for district or districts of said township or town- collection and ships, boroujih or I)oronghs. of the .share of said .^p-^btetols^^'" indebtedness, lespectively, apportioned to them, and any .sum of money decreed to be paid by any such new district (o the school district of any township from which it was formed for any undue proportion of school property within the bounds of such new district, and may order the proper ofHcers of the school district or districts of any said township or townships, horouiih or boroughs, or of either of them, to collect, by special taxation, an amount sutHcient to pay the same, either in any one year or by annual instalments, as to the court shall appear .iust and reasonable (e). XXXII. The said court shall have power in its discretion, to appoint a receiver to whom the money due on account of indebtedness from each school Court may ap- district for the purpose aforesaid shall be paid, P"'"*^ receiver to and it shall be his duty to pay over the amount Th^iTbeTaitf so received by him to tlu' holders of said in- debtedness in such order or in such proportion Duty of receiver, as the court shall direct, and in case of any special taxation, in any said school district, or in all of them. heiuK ordered for or on account of any indebtedness as afore- said, the collector of said special tax shall pay the same directly to said re<'eiver (f). XXXIII. The school district of each borou.di. in any of the cases aforesaid, shall be credited with the pro- per share of such imlelitedness due to the school """' indebtedness di.strict or districts of said township or town- «"=i'i i^e credited. ships at the time of the formation of such bor- llow bahince in OU.ull district, as shall have since been collected, treasury shall be and shall likewise be (Mvdiled with its pro|)er share "''■''''"'"d haliince in the treasury of the .school district or districts of said township or townships at the end of the cur- (d) Act .Tune 24, 1895, sec. I. P. I., p. 261. (e) Act June 24. 189.5. sec. ."i. P L. p. 261. (f) Act June 24, 1895, sec. 6. P. L. p. 36§, 14 SrnOOr. LAWS and DKCISIONS rent school year during which sud'. boroudi district shall have Court ..hall «n '^^^^ formed, and the said court shall have like portion ^me power to eciuitahly adjust and apportion the same (g). XXXIA'. The costs of said i)roceedings shall be paid by the CosN how nni.i t^^^^^^ districts of the said several townships and Knforcement of boroughs in Such proportions as the said court onlersTnd d ^^?j^ adjudge, and the orders and decrees of tlic crees. said court in such proceedings may be en- forced by attachment (h). XXXV. AVhenever any townshij) has been or shall hereafter wiiPn town«i,!„ 'l? elianged or merited into one borough the school is nu4e7int<. ''.'^^'■'^■' ^^ «»"> l""''^'V2ll shall succeed to all the one borough. rights and liabilities of the school district of said townshi]). and in nil actions pendin'.i- by or against the school '""' 'H f'"s f^'t contained shall code or repeal he held or construed to supersede or repeal the any existing act provisions of any existing act of Assembly ap- of Assembly. pHcable to the same subject matter (j). .). lenalty ior neglect of duty.— The twenty-fourth section of the act of fifteenth of April. 1S.'54. (pamphlet laws, page 541). provides that "If the commissioners of any county shall neglect or refuse to perform any duty re(uiired dl" tliem^by law, or if any one of such commissioners shall neglect or refuse to perform any official duty, they or I:e shall, respectively, be fined in a sum not exceeding one hundred dollars."" rOr-RTS ^fAY .^lAKE ALTERATION OF liOT'XDARIES BETWEEN HOROr(nTS AND TOWNSHIPS. .\'XX\'II. That the court of quarter sessions of the peace of .,,„,. ,, . . t'h<' projier county shall have power to change migh, ami town- ^I'*^ •''"'^^ of '"^>' "neorporated borough within ships. this Commonwealth by detaching therefrom any . portion of the territory embraced within said limits and by annexing the same to any contiguous township or townships in accordance \\ith the provisions of this act. (g) A fh) A Act .rune 2A. IS!)."., sec. 7, I'. L. p. 262 Act .Tune 24. 1895. sec. S. P. I,, p. 262. (i) .Act .Inue 24, 1S!),'>, sec. P. I. p ''62 (il \<-t .Iiine 21. 1895. sec. 10. P. ll p. ~36§ UF PENNSYLVANIA. If. CLAUSE 2. The applioatiuii to the said court, for the pur- pose of diminishig the territory of a borough and auiiexiug the same to auy contiguous town- p^lf;!j'^''''"" "* ""' ship or townships, shall he in writing, and shall be signed by a majority of the freeholders residing within the limits of said borough ; or, an application can be made by a free- holder or freeholders, where th(^ dividing line between a borough and a township shall separate lands of the said freeholder or free- holders into two or more parts. The application shall contain a proper description of the portion or portions of borough territory propcsed to be detached, L)f'"i'i'H<'ii- showing file name or names of the contiguous to\' nshiijs, ex- hibiting the courses and distances thei'eof, in words al lenglh, and shall be accompanied bv a plot or draft of the same. " '•'"' "' "'^"■'■ CLAUSE o. Ui)on presentation of said applicatii.ii m the court, the court shall order the same to be filed, and shall direct notice thereof to be gi\eu to the supervisors of the townships affected thereby, and to the president or secretary of council of said borough, and shall fix a time for hearing the matter; and the notice herein il™'"'"^- provided shall be served at least twenty days prior to the day of hearing ; and if the said court, after a full investigation of the case, believe it is expedient to grant the prayer of the ap- plicant or applicants, it shall grant the same and enter decree accordingly; and the said application and de- cree shall be forthwith recorded in the recorder's i^<'fi'«'<'- office of the proper county, at the expense of the applicant or ap- plicants ; and the court shall, at the same time, further decree to what adjacent township or townships the territory so de- tached shall be annexed, as the said court may deem for the best interests of the several districts affected thereby, or the interest of the applicant or applicants where lands may be divided into two or more parts ; and from and after the entry and recording of said decree and application, the boundaries and limits of any such borough and of the adjacent township or townships shall be deemed and taken as fixed in said decree of court. CJjAUSE 4. Whenever, under the provisions of this act, the court shall decree the alteration of the boundaries of any township or borough, the court shall appoint an auditor, ^^^jj^,,. who shall give such notice as the court shall direct to all parties in interest; and, after hav- Make report, iug heard the same, and made such investigation as may be nec- essary therefor, shall report to the court the total valuation of the several townships or boroughs and school districts affected by the alteration decreed, the assessed valuation of such portion of any townshij). borough, or school district as shall by said 1(! SCTTOOi: LAWS AND DECISIONS alteration bo cut off from oue and added to another township, borough, or school district, and also the amount of the indebt- edness of the several townsbips, boroughs, or school districts af- fected by such alteration, nnd the value of all property that shall be transferrelTli:S OF DISTIIK'TS. XXXIX. That the several schoul districts within this Com- monwealth shall have cai)acities as bodies cor- ^ay sue and i.i' porate. to sue and be sued as sucli, by the cor- sued, porate name of (he school district of — (m). XL. To i)urchHse and bold such real and personal property as may be necessary for the establishment and support of the schools, and the same to .sell, alien [.p"', Estate, and dispose of. when it shall no longer be nec- essary for the purpose aforesaid, and also, whenever the board of directors or controllers, in cases where school property has been conveyed to them shall deem it expedient to make sale of the said real estate, for the purpose of reinvesting the proceeds thereof for school purposi's (n). 10. A district may purchas.' or otherwise acquire ground on which it is intended to erect a school house, and hold it for that purpose until it suits the convenience and means of the district to build. .S.LI. All deeds nni] otlier contracts in writing, made by a school district, shall be signed and sealed by the Deed.s. how ex- president of the board of diret'tors or controllers, ecnted. and countersigned by the secretary (o). XLII. All suits by a school district shall be brought in its cor- porate name and be' conducted and managed by the board of directors or controllers, as the case may be ; and all suits against such district shall style the same against Vik^i by its corporate name, and all legal process, (Ustricts. other than writs to enforce payment of a judg- ment, shall be served on either the president or secretary of the board of directors or controllers, as the case may be (pi. XLII I. If judgment should be obtained against a school dis- trict, in any action or proceedings, the party entitled to the benefit of such judgment may aga^'hist scheei iiave execution thereof as follows, and not other- Iiistiicts. wise, to wit: It shall be lawful for the court in which said judgment shall be obtained, or to which such (1) Act June 1, 1907, sec. i. V. I., i). 377. (Ill) Act Mav 8, 18.J4, sec. IS. P. I-. p. O'JO. (!i) Act Mav S, 1854, sec. iS. p. L. \i. t;iiO. (o) .Vet Mav S, lSri4, sec. U), P. I.. !>. HUM. ([)) Act Mav 8, 18.j4, sec. JO. P. I,, j). (ilil. 18 SCilOOJ- LAWS AM> DECISIONS judgmeut shall be removed by transcript from a justice of the peace or alderman, to issue thereon a writ, commanding the di- rectors or controllers and treasurer of such school district, to cause the amount thereof, with interest and cost, to be paid to the parly entitled to the benefit of such judi;in(Mit. out of any moneys unappropriated of such district, or if there bo no such moneys, out of the first moneys that shall be received for the use of such district, and to enforce obedience to such writ by attach- ment (q). 11. Debts contracted by a former board — wiiether ])ermaneut or temporary, or for buihling or ordinary school purijoses — if legally contracted, are binding upon all future boards of the dis- tric ; and provision is made f(jr their payment, or the payment of the interest on them by the existing board. XIjIV. No person shall hereafter be incompetent to give evi- wiio shall Kire dence in any suit or action in which any school evidence. district, or any otficers thereof, is a party, for or on account of said person being an inhabit- ant of the district or by reason of his being liable to the pay- ment of any tax in which said school district may be inter- ested (r). DIRECTORS AND CONTROLLERS. Election and Appointment of Directors and Controllers. XLV. That school-directors shall be elected annually in each district of the State, in the following manner. dlrectoV ^'^^°"^' to wit: At the same time and place that elec- tions are held for supervisors and constables, and, in wards, in cities or boroughs, at the time and place of the borough or ward elections, and in like manner, two quali- fied citizens shall be elected school-directors in each district, whose term of ofiice shall be three years; but in districts where directors have not been elected, or in new districts which may be established by the erection of a new ward, borough or town- ship, six directors shall be elected in such district, at the first election, two to serve one year. t\\o to serve two Term of office. years, and two to serve three years, and two annually thereafter: and in city and borouch districts, allowed to elect three directors, the whole number for each ward shall be chosen at the first annual election after the passage of this act, one to serve for one year, one to serve for two years, one ProvlBo. to serve for three j^eai-s, and one annually there- after: I'rovided, however. That upon the peti- Petitiou. jj^ijj ^,jr j-j^p councils of any city suliject to the (q) Act May H. 1854, sec. Jl, P. L. p. 621. (r) Act May 8. 18r,4. sec. 51. P. I., p. 629. OF ri--NNSVlA'AXlA. 19 provisions of this act. tlie court of common pleas of tlie county in which Ltiiil city is locatd may, after a hearing duly had, enter a decree increasing the members of school- directors in said city, so that there shall be increase of num- rhree directors in each ward of said city; and ^"^^ any vacanices in the hoard of directors, caused vacancies thereby, s'nall be filled by the citizens of said wards, respectively, at the ensuins election held for the purpose of electing ward officers; and the snid court shall also, at the same time, decree that at said election one-third of said school-directors shall be elected to serve for one ^^'■'"■ year, one-third to serve for two years, and the remaining third to serve for three years, and that annually thereafter each school director shall be elected to serve for three years; and the said court shall also indicate the wards which shall elect for the shorter and longer terms ; and in case after the entering of said decree, and before said election, there shall from this or any other cause be no one capable of exercising the said office of school director in the said school-district, or vacancies '^hall he caiised in the board by reason of the aforesaid increase, the said court of common pleas shall, upon petition of any one in interest, appoint suitable jiersons to act in the interim (s). XLVI. That the several courts of quarter sessions of the peace shall have power and authority in the petition of twenty or more citizens of any bor- Docreasing num- ough in which, bv virtue of anv act of Assem- ^^^ °f counciimen bly or decree of court, there " are now three ^^^^ ?f f^'^ ''"■*'•-■ members of town council and three members of the school board to be elected in each ward, after due notice to such town council or school board, to de- crease the number of members of town council P°^ ^^^^ ^!'"" and school_ directors, or either, to be elected in "ecreaseu. each of said wards to two: and from and aft^r the making of such decree there shall be no election in any ward of said bor- ough for any person to serve as members of the town council, or school director, until the number in each ward shall have been reduced to two by the exi)iration of the terms of ofiBce of those in office at the time of making such decree; and thereafter, upon the expiration of the term of office 'f each mer/.ber of thp town ccmncil and each school director, there shall be elected in each year of such wards one member of the town council to serve for the J^lch^de^rease"^ term of two .vears. and one school director to '"'"^ ecrease. serve for the term of three years (t). (s) Act May 4, 1905, sec. 5, P. L. p. 388. (t) Act of July 9. 1897, sec. 1, P. L. p. 216. 20 SCHOOL LAWS AND DECISIONS ,,.,,. ,. XLVII. Vacancies in the office of members cies!"^ ^^^^'^' "f to^^'*! council and school director shall be filled as now i)rovided by law (u). XLVIII. That when an independent school district shall be • • 1 established the proper court shall, in the de- peudenTdis°ricts^" ^'''^^ therefor, designate the time and place for holding the annual elections of directors there- in, and appoint two persons to hold the first election at the time appointed therefor, who shall give ten days' notice there- of, by printed or written handbills, put up at not less than six public places within said district; at which first election six directors shall be chosen, two for three years, two for two years, and two for one year, then next ensuing, and thereafter two directors shall be chosen for three years, at the annual election, to be called and held by the president and secretary of the board, at the time and place, and in the manner in said decree thereof appointed, said election, in all other respects to be conducted in conformity with the existing school law: and that in independent districts, established or hereafter to be established by the Legislature, without specify- ing the mode, time and place of electing directors, the first election shall be held at such time and place within the proper district as shall be specified by written or printed notices there- of, put up at not less than ten public places therein, signed bj not less than five taxable citizens thereof, and giving ten full days' notice of such election; and subsequent elections shall bo held at such time and place, annually, as shall be designated by similar notices, signed by the president and secretary of the proper board ; said elections, in all other respects, to be held and conducted in the manner in this section before provided (v). 12. Expenses for the election of school directors in independent districts are to be paid by the county, in the same manner as for the election of township officers. XLIX. That wherever a borough lias been or shall be erected out of a township, leaving the school district as it existed in such township before the creation of said borough, the school directors of such district shall be elected by Kiection of school the votes cast in each subdivision of such dis- directors iu dis- trict, as heretofore, or hereafter may be tricts created made. The election board of each precinct ieaWng*Thl school '^1" election district therein shall certify the district unchang- number of votes each person received, and ap- ed, point one of their number for return judge, to meet with other return judges of the bor- ough, ward, township and precinct of such .school district, in (u) Act of July 0. 1897. sec. 2, P. L. p 216. (v) Act of April 11. 1862, sec. 9, P. L. p. -17:;. OF PENNSYLVANIA. 21 any part of such district, immediately after such electiou, and add together the number of votes given for each person voted for, and make out the return as the nature of the elec- tion may require, complying in all respects with the provisions of existing election laws, and, after the performance of said duties, appoint one of their number, by consent or lot, to deliver the full return to the court of quarter sessions of the county, in the same manner now i)rovided by law for making township returns. And all such elections in such school district, relating to school matters, may be held and certified in the manner herein provided (w). L. That when two or more candidates shall have an equal number of votes for the same term of office, at any election of directors or controllers, ^'f 7°^^- '^"^^ '^'^- whereby their election shall be prevented, the '^ ^ ' said candidates shall appear at the next regular meeting of the board of directors or c-ontrollers. which said board shall determine their rights to seats therein, in the following man- ner: Ballots shall I) > prepared, e(|ual in number to the oj)- posing candidates, in cne-half of which the word "director" shall be written: wh leupon the said candidates shall each draw, from a pro) r receptacle, one of said ballots, and the candidate or candidates drawing the ballot or ballots marked "director" shall be neld and deemed duly elected to the said office of director or controller. And, if vacan- cies are to be filled at any election of direc- Vacancies, how tors, in addition to the persons to be elected ® ' for the regular term, and the voters shall all neglect to desig- nate on their tickets the term of office for which each person voted for is a candidate, then the person or persons having the highest number of votes shall be declared elected for the longest term or terms ; the next highest in vote, after the filling of the longest term shall be declared elected for the next long- est term, and so on, till all the terms vacant shall be filled (x). 13. No. L. disposes of the perplexing question of tie votes. Of course, it does not refer to the case where only two direc- tors are to be chosen for three years, and the two candidates highest in vote have each the same number of votes. Hero the tie does not "prevent" the election of either, for both are elected. It only relates to cases in which the number of candidates who are tied is greater than the number of ofli.i's or vacancies for which ti-ey are candidates, thus: three per- sons have each the same number of votes for the two vacMi- cies in the long term of three years; or two persons have the (w) Act May 23, 1907, sec. 1. P. L. p. 228. (X) Act of April 11, 1S62. vc ?. 2, P. L. p. 471. 2-2 ^5('1I<)()L LAWS AM) Di:< 'ISK )Ni^ saQT(> iutml)er ol votos for one vacancy in th(^ torm of two years. 14. When all the tickets are without classificatioii of the term, the latter part of Section L provides a remedy. In such case the rule of the lonsost term to tho highest in vote applies. But. if some of the tickets polled have, and some have not, this specification on their face, unless there was a common under- standing amonj; the voters in regard to the length of term intended for the candidates, respectively, those which have not are to be rejected, and the return is only to be given, ac- cording to their number of votes, to those whose tickets speci- fied the term on their faces. It is best, therefore, for each voter to write on his ticket the term, as well as the name of the person voted for, to fill a vacancy. J J. That the duplicate returns of all elections for directors „ . , sliall be made out, signed and sealed by the mad"™^" judges, and delivered by T o constable or proper officer of said election one to the board of directors, and the other to the court of quarter sessions of the county within ten days thereafter, and each person elected a director shall be notified thereof in writing, within five days after the election, by the constable or other officer who held the election. If the legality of any ro*'be°notlfled election for directors be contested in writing by not less than ten qualified citizens of the district , the said court of quarter sessions is hereby authorized and required forthwith, to examine into the Contested elec- election, and to conform or set aside, as shall rioii, iiow de- • ' . ^ J -i? ^ • T i pijed. seem just and proper, and, it set aside, to order a new election at the usual place and in the usual manner, on not less than two weeks' public notice, given by the proper officers (y). LII. Tbat each board of directors shall have power to fill any \acancy which may occur therein by toTpm?ed. ^^ death, resignation, removal from the district, or otherwise, until the next annual election for directors, when such a vacancy shall be filled by electing a person from the district in which the vacancy occurs, to supply the same (z). 15. It does not reciuire a quorum (foui) to fill a vacancy caused by "death, resignation, removal or otherwise." Any number to which the board may be rednci'd, by any one or all of these causes, can perform this indispensable duty. But to do it satisfactorily, all the actual members should be present, or have had notice to be present, for tiie purpose. And if only one meml)er remain in office, he can legally take means (y) Act Ma.T 8, 18,n4, sec. G, P. L. p. 618. (z) Act May 8, Ibo: sec. T, P. L. p. 63 8. OF PENNSYLVANIA. 23 to fill the board. In that case he should appoint one new mem- ber ; he and that new member should then appoint a third, and so on, till the board is full. And the whole of these pro- ceedings should be put on the minutes. The law authorizing "less than a majority of directors" to fill vacancies in a school board, only applies when the number has been reduced below a majority, from causes mentioned in either the seventh or the eighth sections of the act of May 8, 1854, P. L. 618. 16. An appointment made by a board of school directors to fill an existing vacancy therein qualifies the person so appointed to hold the office until the first Monday in June following the first annual election next ensuing such an appointment, at which time the person elected at the preceding annual Feb- ruary election will be qualified to fill the office for the remain- ing part of the unexpired term. For example: 1. If a vacancy occurred in January, 1903, and the board then appoints a person to fill the vacancy, the person appointed will hold the office until June, 1903, at which time the person elected in February of that year, will be admitted to membership in the board on his certificate of election for the unexpired term for one year, or for two years, as the case may be. 2. If a vacancy occurred in March, 1903, and the board ap- pointed at once a person to fill the vacancy, he would be qualified to hold the office until the first Monday in June, 1904, inasmuch as no annual election intervened until February, 1904, and therefore the appointment made by the boards holds not only until the first Monday of June, 1903, but until June, 1904, unless the term expires before that date. 17. When a director resigns his office without being present in the board, the resignation should be in writing, addressed to the president, or, if it be the resignation of the president him- self, to the secretary. When a resignation takes place by a member present, it may be verbal. But in both cases it should be entered on the minutes, accepted by the board, and the acceptance also entered on the minutes. LIII. Whenever by the requirements of any law, a particular residence is a necessary qualification for the election or appointment of any officer, a re- ^^gal residence, moval from such residence shall operate as a forfeiture of the office (a). 18. Every member ceasing to be a resident of the district for_ which he was a director, thereby vacates his office without resignation, from the day when he ceased being a resident ; and the fact being known and entered on the minutes, another is to be appointed in his place. The same principle applies to (a) Act May 15. 1874, sec 12, P. L. p. 187. ~ 3 24 SCHOOL LAWS AND DECISIONS changes of residence from one ward to another in cities and boroughs, except in cases where the election is by a concurrent vote. 19. Failure by the voters to fill a vacancy, at the regular an- nual election, will authorize the board to fill it by virtue of the word "otherwise" in number XLIX. This means that if a member died or resigned, the Doard appointed another in his place, and if at the next election the people failed to elect any one to fill this vacancy, the board may again treat it as a vacancy and appoint a person to fill it till the next succeeding annual election. Directors exempt LIV. That all directors shall be exempted from serving In from serving in any township, city or bor- certaln offices. ough office (b). 20. The exemption from township, city or borough office, does not prohibit the holding of these offices, except that of auditor, but merely confers the right to be excused, if the director de- sires it. LV. That no person hereafter elected shall be capable of hold- ing and exercising the office of school director, patibie °™" constable, pathmaster, or commissioner of roads, and that of township or borough audi- tor (c). LVI. No county commissioner shall be eligible to serve as a Commissioner member of the board of health, or director cannot serve as of the public schools, during his continuance director. jn office (d). LVII. That tax collectors are township, ward or borough officers, within the true intent and meaning of from servfng'as* ^^^ general school law of one thousand eight collectors. hundred and forty-nine and one thousand eight hundred and fifty-four, and that school direc- tors and treasurers of the school fund were and are exempt from serving as such collectors, within the meaning of said acts. (e). LVIII. That if any person duly elected a school director shall refuse to attend a regular meeting of the dirMtors^maj be ^'^^^''^' after having received written notice declared vacant. from the secretary to appear and enter upon the duties of his office, or if any person having taken upon him the duties of his office as director, shall neglect to attend any two regular meetings of the board in succession unless detained by sickness or prevented by absence from the district, or to act in his official capacity when in attendance, (bl Act May 8^ 1854^ sec. 10, P. L. p. 619. (c) Act May 18, 1876, sec. 1 P. L. p. 179. (d) Act May 15, 1874, sec. 7, P. L. p. 187. ' Act May 8, 1855, sec. 12, P. L. p. 511. (d) (e) ' OF PENNSYI.VAMA. 25 the directors present shall have power to declare his seat in the board vacant, and to appoint another in his stead to serve until the next rej,"alar election (f). 21. Absence from special or called me' tings will not justify the exclusion of a member from the board. 22. A member elect should be duly notified in writing, bj' the secretary, according to the provisions of this act, before bis seat can be legally declared vacant by the board. LIX. That all persons elected to the ofSce of school director after the passage of this act in the Coramonvvealth of Pennsyl- vania, shall, before entering upon the duties of such otiice, take and subscribe to an oath or affirmation that he will support the Constitution of the tafcTJath o?ortice United States and the Constitution of the Com- monwealth of Pennsylvania, and the laws thereof, that he ha> used no unlawful means to procure his election to said office, and that he will discharge the duties of said office for the dis- trict in which elected faithfully and impartially, and to the best of his understanding and ability, which oath or affirma- tion shall be taken before a justice of the peace, notary pub- lic, or some other officer authorized to administer oaths, and a copy of the same shall be entered upon the minutes of the board of school directors of the proper district (g). LX. That on and after the passage of this act it shall be lawful for school directors in the various school jj^y qualify each districts in this Commonwealth to qualify each otter, other, by oath or affirmation, that they will „ . ... faithfuly discharge the duties of said office. "°''' *° ^^--^^^fy- and that they be authorized to certify the same Contents of oath, to the proper authorities (h). LXI. In the organization of a school hoard it shall l)e the duty of the person chosen to act as secretary ^ to qualify the person chosen to act as presi- ''"""^' '"^^ dent, and the president in turn shall qualify fiesident. all the other members of said board (i). 23. All persons elected or appointed to the office of school di- rector are required to take the oath of office before entering upon the discharge of their duties. L/XII. That if all the members of any board of directors or controllers shall refuse or neeJect to perform their duties, by levying the "tax required by Directors may be law, and to put or keep the schools in opera- court^^ ^ '^ tion, so far as the means of the district will admit or shall neglect or refuse to perform any other duty (() act May 8, 1854, sec. 8, P. L. p. 618. (g) Act April 16, 1891, sec. 1, P. L. p. 22. (h) Act Jnne 25, 1895, sec. 1. P. L. p. 284. a) Act Jnne 26. 1895, see. 2 P. L. p. 284. 26 S'JIIOOL LAWS AND DECISIONS enjoined by law, tlio court cf quarter sessions of the proper county may. upon complaint in writing, by any six taxable citizens of the district, and on due proof thereof, declare their seats vacant, and appoint others in their stead, until the next iinimn! clcciion for directors fj). 1:-}. i he words "so far as the means of the district will admit," (io not justify directors in providing means to keep the schools in operation any shorter term than seven months ; because the law expressly enjoins it on the board to keep them "in opera- tion not less than seven nor more than ten months in the year." The discretion given, therefore, only relates to those extremes, between which they may select any term suitable to the means of the district. But if the directors do not keep the schools open at least the minimum terra of seven months, the court will remove them from ofEce. LXIII. That whenever the school directors or controllers of any city, borough, township or independent ?i.rSfi2'^l„'?]Kit. school district, shall wilfully neglect or refuse rooms. to provide suitable houses, rooms or buildings m and for any school district within their jurisdiction and under their supervision, and control, with ample room and seating capacity for the reasonable and con- venient accommodation of all the school children residing within the district, who may be in attendance, or who desire to attend the school or schools therein, then ten or more tax- able citizens, residents of the said district may set forth in writing the facts in the case, under oath or affirmation of at least six persons who sign the statement, and petition court petition the court of common pleas of the county in which said school district is sit- Inspector to be uated, or in vacation, any judge of the said appoin e . court, for the appointment of a competent in- spector ; and the court or judge thereof, may appoint such in- spector, whose duty it shall be to visit the district by order of the court, or judge thereof, and enquire into the facts set forth in the complaint submitted, giving due notice to the members of the board of directors, against whom the complaint for neglect of duty is made, and to other persons concerned, and the said inspector shall report to the court, or proper judge thereof, under oath or affirmation, of the result of his personal inspection and investigation, accompanied by statements of facts and proofs obtained in the case (k). (.ii Act May 8, 1854, sec. 9, P. L. p. 619. (k) Act of June 6, 1893, sec. 1, P. L. p. 330. OF PENNSYLVANIA. 27 LXIV. If, after hearing the allegations and proofs of. .>red to substantiate the charges set forth in the com- plaint, or to disprove them, after having fully ^^ ^1^'''' ^^'^^' **'" and diligently inquired into all the facts and ffo^t to 'courl ^^' circumstances bearing on the ca.'^e in point, the aforesaid inspector finds that the directors or controllers liave refused, neglected, or failed without valid cause for such re- fusal, neglect or failure on their part, to provide and maintain suitable and adequate accommodations for the school children of the district, as the law requires, he shall so ri-port to the court, or to the judge appointing him, and the court in such case is hereby authorized and empowered to grant a rule upon the directors or controllers then having jurisdiction in the district, or such of them as have wilfully neglected or failed without justifiable excuse to perform the duties enjoined upon them by law. to show cause why the court or the judge thereof, should not remove them from office and appoint others in their stead, until the next annual election for directors (1). ORGANIZATION OF THE BOARD. LXV. That the term of office of school directors from and after the first of January. Anno Domini one thousand eight hundred and sixty-four, shall Term of office to commence on the first Monday of June, in each da|'°in June and every year: Provided, That the organiza- tion of each board of school directors, as provided by the twelfth section of the act of the eighth of May, one thousand eight hundred and fifty-four, shall be within ™. . - , ,, ten days of the fij-st Monday of June, in each ,^ga*'nize°''and 'tax year: And provided further. That the school be levied, tax for each year shall not be levied until after such organization and before the first of July oncers of board, of each year (m). LXVI. That each board of school directors and each board of controllers in cities and boroughs, shall meet and organize by choosing a president and secretary, who shall be members of the board, and a treasurer, who may be a member of the board or otherwise, at the discretion of the directors or con- trollers (n). LXVII. That from and after the passage of this act. the board (1) Act of June 6, 1893, sec. 2, P. L. p. 331. (m) Act of April 22, 1863, sec. 1, P. L. p. 523. (n) Act of May 8, 1854, sec. 12, P. L. p. 619. 28 SCHOOL LAWS A.\l> DECISIONS Borough and of schtKjl-diret'turiS in e\ory buruugli aud towu- boarls''^ school- gj^jp -wiihin this Commonwealth, annually, upon their organization or within twenty days Secretary. thereafter, shall elect some suitable person as secretary, who may ln' a member of said board, or otherwise (o). '25. The hrst business at the meeting for organization, after the temi)orary organization, is the reading of the returns of election, to ascertain who are members. 20. Directors elect can exercise none of the powers of their ofBce till after tlie organization of the new board, which can- not take '^'ace until on or after the first Monday of June. 27. If a ho.nrd of directors fail to organize, ii; is such neglect of duty as will justify the court of quarter sessions, upon the complaint of six taxable citizens of the district, and upon due proof thereof, to declare their scats vacant, and appoint others in their stead. 28. If the school directors neglect to organize within ten days after the first Monday of June, as specified by law, they may do so at a future time, and such organization will be strictly legal, if no final steps should be taken in the meantime to remove the directors elect from office by due course of law. 29. The officers and members of the old board are to perform their several duties until the first Monday of June. The or- ganization of the old board ceases with the first Monday in June, but steps should be previously taken for calling a meeting of the new board in accordance with the law. DUTIES OF OFFICERS. A. The President. LXVIII. Thar the President sliall preside at the meetings of the board, call special meetings when neces- ^uties of presi- sary. issue the duplicate and warrant for the collection of the district taxes, take sufficient bond from the district treasurer for tho faithful discharge of his duty, and sign the certificate of the assessment of the dis- trict taxes, and all orders on the district treasurer by order of the board, also the annual report of the district to the county superintendent and generally do and perform all other acts and duties lawfully pertaining to the office of the president of the board (p). 30. All deeds and contracts by the districts, including those with teachers, are to be signed by the president. IS) Act May 8. 1854. sec. 13. P. L. p. 619. OF PENNSYLVANIA. 29 31. The president is to swear or affirm to the annual certifi- cate settius forth the time that the schools have been open and in operation. . ,., ^t 32. The president rotes on every question liUe any other member. B. The Secretary. juXIX. That the secretary shall keep full minutes of all the proceedings of the board, in a book provided ^^ ^^^_.^ for that purpose, prepare the duplicate of ^^^y, school tax, keep an account of all abatements and exonerations made by the board, prepare, attest, and for- ward to the county superintendent the annual certificate of the number of months' durins the year that the schools have been kept open and in operation according to law. Also, the annual report of the district, prepare and attest all orders on the treasurer, and do and perform all other acts receive and duties lawfully pertaining to the office of compensation, secretary of the board, and for his services shall receive such compensation as the board may direct (q). 33. The names and P. O. address of the president, secretary and treasurer, are to be sent upon the organization of the board, at the first meeting after the annual election of direc- tors, by the secretary to the Sunerintendent of Public Instruc- tiou, at Harrisburg, and also to the county superintendent. 34. The secretary is to countersign — that is, officially attest — all deeds and contracts of the board, after they have been signed by the president. If the board has a seal, the secretary is to have the custody of it, and to affix it to all deeds and contracts signed by the president. 35. The secretary is to receive the monthly reports from the teachers, examine them, and if found correct sign them ; if not correct he is to have them made so before issuing the monthly order for the teacher's salary. 36. At the end of the terra, the books of monthly reports are to be deposited with the secretary, and kept by him till the commencement of the next term. 37. The secretary is to see that the "last adjusted valuation," of taxable persons and property is procured from the county commissioners in time for the making out of the duplicate. 38. The duplicate is to be made out by the secretary under the direction of the board. He is also to countersign it, and keep an account of all exonerations. 39. The "Pennsylvania Scohol Journal," when supplied to each district at the expense of the State, is sent to the secre- tary, and each copy is to be by him laid before the board at the next meeting after its reception. (q) Act May 8, 1854, sec. 14, P. L. p. 619. 30 SCHOOL LAWS AND DECISIONS 40. The file of the Journal, thus received, is also to be pre- served and transmitted to his successor in office. 4i. The secretary is to keep the deeds, contracts and other valuable papers and documents of tlie district and transmit them to his succesor. LXX. Immediately after the annual appointment of the Secretary to no- teachers of each district the secretary of the tify superintend- board shall send a written list of their names, ent of teachers and the schools to which they have been re- elected and length spectively appointed, to the proper county su- " ^^^' perintendent, with a notice of the day upon which the ensuing term of school, in the district will com- mence, and the termination thereof, as directed by the board C. The Treasurer. LXXI. That the treasurer shall give bond to the president for the use of the district, in such amount and ireasurer to give ^.j^jj ^^^^ sureties as shall be approved by the board, for the faithful pei'formance of his duty ; he shall receive all State appropriations, district tax, and other funds of the district, and pay thereout all orders of the board signed by the president and attested by the secre- tary ; he shall settle his accounts annually with miHer"^"''^ tl"^ directors and controllers, in default of which he shall not be re-appointed ; he shall pay over the balance without delay to his successor in office, and generally do and perform all acts and duties lawfully per- taining to his office as district treasurer, and shall be allowed to retain not exceeding two per cent, on the money passing through his hands for his services (s). 42. The treasurer is not to enter upon the duties of his office till his official bond has been presented and approved by the board. 43. A treasurer has no right to go behind a school order to inquire into the propriety of its amount. If it be for a legal purpose, and signed by the president and attested by the sec-i re tary, he must promptly pay it, without delay or objection, upon presentation by the rightful holder, in legal currency, or as good current money as he received. If he have no school money in his hands, that cause or refusal to pay should be im- mediately reported to the directors, who should take prompt measure to obviate the difficulty. (r) Act April 11, 1862, sec. -!, P. L. p. 472. (s) Act May 8, 1854, sec. J 6, P. L. p. 620. OF PENNSYLVANIA. 31 44. It is the legal right of teachers and others to have their school orders paid in cash upon presentation to the treasurer, without hindrance or delay. 45. It is a gross violation of duty for a school treasurer to purchase school orders ; and if he do it with his own funds when there is money in the treasury, he should be immediately re- moved from office, and punished for the offense. 46. Every order should state on its face the purpose for which it was drawn. If it do not, the treasurer is not bound to pay it; or the auditors on the settlement of his account may refuse to allow it. 47. Executions are to be paid by the treasurer, out of any "unappropriated" funds in his hands, or which shall first come into his hands. "Unappropriated" here means money in the treasury beyond the amount of orders issued by the board but not paid, previous to the service of the writ of execution. An amount sufficient to pay those previously issued orders is to be regarded as appropriated. 48. ]\o treasurer is to be re-appomted till his accounts for the preceding year have been settled by the board, and audited by the district auditors. 49. The settlement by the board is for the purpose of ascer- taining the condition of the district accounts, the amount of tax, etc., paid in, and of money paid out, and the balance on hana, if any, for the information of the board. .W. The settlement by the auuitors, of the treasurer's ac- counts, is to verify those accounts, and to enable an appeal to be taken to court, by either oarty, if the case demand it. 51. The accounts of treasurers of independent districts will be settled by the auditors of the township from which the district was taken. • J. Percentage is not allowed to any outgoing treasurer, on the unexpended balance in the district treasury, handed over to his successor. 53. Treasurers who refuse or neglect to pay over to their suc- cessors in office any balance of funds in their hands, are liable to the district for interest on the same from the time when this should have been paid over. 54. If a school treasurer should convert to his own use, or use by way of investment, any school moneys in his hands, or prove a defaulter, the act will be deemed an embezzlement, and be punished as a misdemeanor. LXXII. That the treasurer shall settle his Must settle his accounts annually with the directors or con- accounts. trollers, in default of which he shall not be reappointed (t). (t) .\ct May 8, 18.54, sec. 16, P. L. p. 6g0. »2 SCHOOL LAWS AND DECISIONS D. General Provision. LXXIII. That if the president or secretary shall absent him- self from any meeting of the board, or being When president present, refuse to perform any of the duties of Sm'Xy be^ap- hJs„office, a president or secretary pro tempore pointed. shall be appointed by the members present, and entry thereof be made on the minutes; and the acts necessarily performed by such president or secretary pro tempore, during such meeting, shall be as valid and bind- ing on the board and district as if they had been performed by the regular officers of the board (u). 55. This act is intended to prevent delay in the proceedings of a board, by the absence, or. if present, by the refusal to act, of the regular officers. If others are appointed in such cases, pro tempore, the fact either of absence or refusal to act, should be entered on the minutes, with the names of the persons substituted. This being done, the official acts of the officers pro tempore, or either of them, are as valid and bind- ing on the district as those of the regular officers would have been, had they acted. Meetings of the Board. Meetings of di- LXXIV. That each board of directors and rectors and con- controllers should hold at least one stated trollers. meeting in every three months ; and such Stated meetings. Other meetings as the circumstances of the dis- trict may require, shall be held at such time and place as may be designated by the president and secretary, upon due notice given .to each member of the board. If less than a majority of directors or controllers attend any meeting, no business shall be transacted thereat, except that of adjourn- ment, and of appointment to fill vacancies in the board, as is hereinbefore directed (v). 56. The minutes of the last preceumg regular, and of all in- tervening special or called meetings, should be read immedi- ately after the calling the roll, at every regular meeting. But the minutes of previous meetings need not be read at any special or called meetings. 57. Four members regularly convened, can transact any busi- ness within the power of the board ; and the majority of a iiuoriim (three) can decide any question except those speci- fied in section LXXVII, each of which requires the votes of four in the affirmative to adopt it; and, in these cases, the (u) Act May 8. 1854, sec. !5, P. L. p. 620. (r) Act Uay 8. J8o4. see. 1", V- U p. 6^0, OF PENNSYLVANIA. 33 names of those voting in the atiirmative and negative are both entered on the minutes. 58. All motions and resolutions of importance, such as those for the laying of tax, purchase or sale of houses and lots, fixing the duration of the school term, etc., should be put in writing by the person offering them, before being entertained by the president, and should be entered on the minutes at length. 59. If less than four members attend, no business can be legally transacted, except adjourning to some future time, then to be named, and filling vacancies in the board. 60. Directoi-s, as individuals, signing an agreement to pur- chase articles of furniture or apparatus for the schools, does not bind the board. What men do as individuals they are pre- sumed to do for themselves ; the members of a board of di- rectors cannot act legally unless they act iu a body. Of course a board of directors can authorize a member to discharge some duty and then his acts, within the limits of his authority, are legal. A board of directors may also sanction the individual acts of members, and thus legalize them : but the only safe way is to act in a body, as the law enjoins. (11. A tie vote looses the question ; that is, the same number of votes on each side ; or rather, failing to carry by a majority of those voting, it leaves the question where it was before the vote was taken, and, therefore, effects no change. 62. Every regular meeting should adjourn to meet again at a time and place then agreed on, and so entered on the minutes; unless the time and place are determined by the standing regu- lations, which ought always to be the case. LXXV: That the term "stated meeting,'' or "regular meeting," of the board of directors or controllers, when- ever they occur in the act to which this is a i^ateti'"^*' '^^' further supplement, shall hereafter be taken to mean the first meeting thereof for organization, after the anual election of directors or controllers, and the monthly or other periodical meeting held thereafter, in accordance with the stand- ing regulations of the board. But, if there are no standing regulations, then every meeting held in succession, from said first meeting for organization, by adjournment to a time and place certain, and so entered on the minutes of the proper board, shall be, to all intents and purposes, regarded as a regular meeting (w). 63. No business can be transacted at a special or called meet- ing, except that for which the meeting was called, and which is either to be specified in the call, or stated by the president at the opening of the meeting, and put on the minutes. (w> Act April 11. 1862. sec. Z. P. I, p. 471. i;4 SCHOOL LAWS AND DECISIONS 64. A called or special meeting need not be adjourned to any time or place, unless the special business has not been com- pleted, when it may adjourn to some time and place named, for the special purpose of completing it. LXXVI. If the president of the board of school directors or controllers shall neglect or refuse to call special meetinirmay meetings, when required by a written request be called on signed by three members of the board, such mee:- negiect of presi- ings may be called by any two members of said ^^'^^- board, and any business transacted at a meeting so called shall be legal, the same as though the meetings had been held pursuant to a notice given by the president (x). LXXVII. That no tax for school or building purposes shall be levied, no resolution shall be adopted for ii.id In certain ^^^ purchase or sale of any school real estate, rnses except on DO school house shall be located or its location vote of a majorl- abandoned or changed, no teacher shall be ap- ty of the board, pointed or dismissed, no annual school term sliall be determined on, nor shall any general course of studies be adopted or annual series of text books be selected, in any cornmon school district, except by the affirmative votes of a majority of the whole number of the directors or controllers thereof; and in each of said cases the names of the members voting, both in the afKrmative and the negative, shall be so entered on the minutes of the board by the secretary (y). Powers and Duties of Directors and Controllers. LXXVIII. That the board of directors of every district, and p d «i t controllers in cities and boroughs, under the pro- ies^oT1jire°ctoi^. visions of section second, shall possess and ex- ercise the following powers and perform the fol- lowing duties, together with the other powers and duties given and enjoined by this act (z). LXXIX. They shall establish a sufficient number of common To establish schools for the education of every individual schools for min- above the age of six and under twenty-one years, ors of certain in their respective districts, who may apply for '^^^^- admission and instruction, either in person or by parent, guardian or next friend (a). LXXX. That from and after the passage of this act it shall Entrance of be- be lawful for school-boards to confine the en- ginners Into the trance of beginners into the public schools to public schools. certain periods, of not less than one week (X) Act April 17. 1865, sec. 2, P. L. p. 61!. (y) Act April 11. 1862, sec. 4, P. L. p. 472. (z) Act May S, 18.54, sec. S-i, P. L. p. 621. (a) Act May 8, 1834, sec. 1:3, P. L. p. 621. OF PENNSYLVANIA. 35 • each, in the course of the school year: Provided, however. That at least two such periods shall be fixed upon, aud that beginners oecoming six years of age in the interval between any two periods shall have permission to enter within the period im- mediately preceding such interval. For the purpose of this act, the word "begin- ^ „ , ner" shall mean any child of school-age that Beginner defined, can not read and write (b). LXXXI. That the school directors or controllers of the several school districts of this Commonwealth may establish and maintain, out of the public school treasury, free kindergartens for children between the ages of three and six years, residing in their dis- tricts (c). LXXXII. That the school directors or controllers of the several school districts of this Commonwealth may establish and maintain, out of the public school treasury, free kinder- gartens for children between the ages of three and six years, residing in their districts, and may co-operate with and assist kindergartens that have been or may hereafter be established by other non-sectarian agencies: Provided, however. That the provisions of this act shall Pro^'so. not apply to school districts in which kindergartens have been, are now,' or hereafter may be, established and maintained by said school district (d). LXXXIII. No child, or other person, suffering from anthrax, bubonic plague, cerebrospinal meningitis (epi- ^ nicabie demic), (cerebrospinal fever, spotted fever), Asia- (jfs^ases. tic cholera, smallpox (variola, varioloid), typhus fever, yellow fever, relapsing fever, or leprosy, or residing in the same premises with any person suffering from any of said dis- eases, shall be permitted to attend any public, ^ , . , private, parochial, Sunday or other school ; and fc^boof '°° the teachers of public schools and the principals superintendents and teachers, or other persons in charge of pri- vate, parochial, Sunday, or other similar schools, are hereby re- quired to exclude any and all such children or persons from said schools ; such exclusion to continue for a period of thirty days following the release, by reason of the recovery or death, of the person last afflicted in said premises, or his or her removal to a hospital, the removal of quarantine, and the thorough disinfec- tion of the premises. No child, or other person, suffering from scarlet fever (scar- latina, scarlet rash) shall be permitted to at- tend any public, private, parochial, Sunday, or «tariet fever. (b) Act May 31, 1907, P. L. p. 231. (c) Act April 14, 1897, sec. 1, P. L. p. 22. (d) Act April 23, 1901, sec. 1, P. L,. p. 93. 36 SCHOOL LAWS AND DECISIONS other school ; and the teachers of public schools. Exclusion from and the principals, superintendents, and teach- schooi. ers, or other persons in charge of private, pa- other Inmates of ''oc^ifil» Sunday, and other similar schools, are premises. hereby required to exclude any and all such chil- dren and persons from such schools ; such ex- Exciuslon. elusion to continue for a period of thirty days fol- lowing the removal of quarantine and the disinfec- tion of the premises wherein such child or other person shall reside ; and no child, or other person, residing in the same premises with any person suffering from scarlet fever (scarlatina, scarlet rash), shall be permitted to attend any public, private, parochial, Sunday, or other school ; and the teachers of public schools, and the principals, superintendents, teachers or other persons in charge of private, parochial, Sunday, and other similar schools, are hereby required to exclude any and all such children or persons from said schools, until the expiration of the quarantine period for the last person in the said premises so afflicted ; provided the person or persons so afflicted has or have been properly isolated during the quarantine period ; otherwise, such exclusion to con- tinue for a period of ten days following the removal of quaran- tine and disinfection of the premises, by reason of the recovery, death or removal to a hospital of the person last afflicted in said Proviso. premises: Provided, however. That any child or person who is immune from scarlet fever, by virtue immunes. of a former attack — this fact being attested by the attending physician — may, on an outbreak of the said disease in the premises in which he or she resides, be allowed, after taking a disinfecting bath and putting on disinfected clothing, to remove therefrom and take up his or her residence in other premises occupied exclusively by adults, and may, from and after ten days from such removal, be admitted into any of the said schools (e). LXXXIV. No child, or other person, suffering from diph- theria (dipththeritic croup, membraneous croup, DlDhtheria '^^ putrid sore throat) or residing in the same premises with any person suffering therefrom. Exclusion. shall be permitted to attend any public, private, parochial, Sunday, or other school ; and the teachers of public schools, and the principaLs. superintendents, and teachers, or other persons in charge of private, parochial, Sunday, or other similar schools, are hereby required to exclude any and all such children or persons from said schools ; such exclusion to continue for a quarantine period of twenty-one days from the date of onset of the disease in the last person so afflicted ; or for a period of fourteen days from the date of onset of the disease in the person last so afflicted, provided that antitoxin has been (e) Act May 14. 1909, sec. 3, P. L. p. 857. OF PENNSYI.VANIA. 37 ased for the treatment uf the persoo or jjersous so Proviso. aflSicted, and for the immunizing of the inmates of Cultures the premises not so afflicted: And further pro- ' vided, That two negative bacteriological cultures have been se- cured from the diseased area of the person last so afflicted, on two successive days ; said children or persons may, in either event, thereafter, upon the removal of quarantine and disinfection of the premises, be immediately readmitted to any of said schools (f). LXXXV. No child, or other person, suffering from measles, German measles, chicken-pox, or i'''''s'es. mumps, or residing in the same premises with any person suffer- ing therefrom, shall be permitted to attend any public, private, parochial, Sunday, or other school ; '-^^■'"sion. and the teachers of all public schools, and the principals, su- perintendents, and teachers, or other persons in clmrge of private, parochial. Sunday, or other similar schools, are hereby required to exclude any and all such children or oersons from said schools ; such exclusion to continue during a quarantine period of twenty-one days, and until the said quarantine is removed and the premises disinfected: Provided, however, That any child or pei-son who may have been exposed to any of i'''"^'iso. said diseases, owing to an outbreak thereof in the premises in which he or she resides, but who shall not have developed the same, shall be allowed, after taking a disinfecting bath and putting on disinfected clothing, to remove therefrom, and take up his or her residence in other premises occupied exclusively by adults, and may, after fourteen days from such removal, be admitted into any of said schools. No child, or other person, suffering from" Wbooping-cougb Whooping-cough or erysipelas shall be permitted "'' erysipelas, to attend any public, private, parochial, Sunday, or other school ; and the teachers of public schools, Ejjpiugij,^ and the principals, superintendents, and teachers, or other persons in charge of private, parochial, Sunday, or other similar schools, are hereby required to exclude any and all such children and persons from said schools, for a period of thirty days following the removal of the quarantine on the premises wherein such children or persons reside, respectively, and the disinfection of the premises, and of the person or persons suffering from such disease (g). LXXXYI. No child, or other pei-son, excluded from any school by the provisions of this act, shall be readmitted thereto unless he or she, or some person on his or her behalf, shall furnish to the principal, superintendent. I'chl^^ " *" or teacher, or other person in charge of said (f) Act May 14, 1909, sec. 5. P. L. p. 858. (g) Act May 14, 1909, sec. 6, P. L. p. 859. 3S SCHOOL LAWS AND DECISIONS school, a certificate setting forth that the con- Certificate, ditions for such readmission prescribed by this act have been complied with ; which certificate shall be signed by a person to be designated for that purpose, in cities, boroughs, and townships of the first class, by the health authorities thereof, exclusively ; and in townships of the second class, and in cities, boroughs and townships of the first class, not having boards of health or bodies acting as such, by the State Department of Health ; and the registry of all public, private. Registration of parochial, Sunday, and other schools shall ex- sons.^ ^^ '^ '^ hibit the names and residences of all children and persons excluded therefrom or readmitted thereto, agreeably to the provisions of this or any other act of Assembly ; and said registry shall be open, at all times to the Inspection of inspection of the city, borough, or township au- register thorities and the State Department of Health and their respective oflicers and agents. It shall be the duty of the health authorities of cities, bor- oughs, and townships of the first class, respectively, to furnish Daily reports by daily, by mail or otherwise, to principals, super- health authori- intendents, teachers, and other persons, in charge *i^®- of public, private, parochial, Sunday and other schools, a printed or written bulletin containing the name, location, and disease of all persons suffering from any of the diseases men- tioned in sections three, four , five, six and seven of this act, upon receipt by them of reports of such cases from physicians, as required by section one of this act; and such bulletin shall be daily furnished to such persons in charge of such schools in town- ships of the second class, and in cities, boroughs, and townships of the first class, not having boards of health or bodies By the Depart- acting as such, by the State Department of ment of Health. Health (h). LXXXVII. No person suffering from anthrax, bubonic plague, cerebrospinal meningitis (epidemic), (cerebrospinal fever, spotted fever), chicken-pox, Asiatic cholera, diphtheria (diphtheritic croup, membraneous CKoup, putrid sore throat), German measles, measles, mumps, relapsing fever, scarlet fever (scarlatina, scarlet rash), smallpox (variola, varioloid), typhus fever, yellow fever, or whoop- ing-cough, shall wilfully expose himself or herself Hc^Diaces *° ^ ^^ ^^^ Street or public place or public conveyance, nor shall any person in charge of any one so suffering thus expose the sufferer, (i). LXXXVIII. Any physician, undertaker, teacher of a public school, principal of a school, superintendent of a Sunday school, (h) Act May 14, 1909, sec. 8, P. L. p. 859. (i) Act May 14, 1909, sec. 13, P. L. p. 861. OF PENNSYLVANIA. 39 sexton, janitor, or any other person or persons, who shall fail, neglect, or refuse to comply with, Jaf/u/e"to "b' *"" or who shall violate, any of the provisions of this serve, provisions act, shall, for every such offense, upon conviction of tii'is act. thereof in a summary proceeding before any magistrate or justice of the peace of the county wherein said of- fense was committed, be sentenced to pay a hue of not less than twenty ($2U) dollars, or more than one hundred i>euaity ($100) dollars, to be paid to the use of said county. or to be imprisoned in the county jail for a period of not less than ten or more than thirty days, or both, at the discretion of the eourt (J). LXXXIX. All principals or other persons in Principals of charge of schools as aforesaid are hereby re- schools must re- quired to refuse the admission of any child to J-hfuireu"" except ""^ the schools under their charge or supervision, ou certificate except upon a certificate signed by a physician showing that setting forth that such child has been success- '-^''^^'^. ^^^ ^*^'^^ fully vaccinated, or that it has previously had u'ls^hacf^ small small-pox (f). p^x XC. Any physician, undertaker, principal of a school, superintendent of a Sunday school, sexton, jan- itor, head of a family or any other person or Penalty for vio- persons named in this act, who shall fail, 'ftlon of any of neglect or refuse to comply with, or who shall this ^a'ct'*'""^ violate any of the provisions or require- ments of this act shall for every such offence, upon conviction thereof before any mayor, burgess, alderman, police _ magistrate, or justice of the peace of the municipality in which said offence was committed, be liable to a fine or pen- alty thereof of not less than five dollars, nor more than one hundred dollars, which said fines or penalties shall be paid into the treasury of such municipality, and in default of pay- ment thereof, such person or persons so convicted shall un- dergo an imprisonment in the jail of the proper county for a period not exceeding sixty days (i). XCI. That after June first, nineteen hundred independent and nine, whenever a distribution of funds appro- school districts, priated for the encouragement and support of bor- „ ough high schools is made, high schools located in pr°op^ria«ons for independent school districts and maintained by borough high such districts shall share in such distribution. schools. 1' or the purpose of carrying out the provisions of this act, high schools maintained by independent school districts in this Com- (f) Act June 18, 1895, sec. 12, P. L. p. 207. (i) Act June 18, 1895, sec. 21, P. L. p. 208. (j) Act May 14. 1909, sec. 24, P. L. p. 864. 4 40 SCHOOL LAWS AND DECISIONS monwealth shall be iusijeeted and classified by the M«*i'«1fl'i«H„n"'^ Department of Public Instruction, the same as borough high schools are now inspected and classi- fied, and each such high school in such independent school dis- trict shall receive the same amount of State appropriation as a borough high school of the same or similar grade shall receive (m). Columbus Day. XCII. That the twelfth day of October of the present year of our Lord nineteen hundred and nine, and the twelfth day of October of each year thereafter, is hereby declared a legal holiday, to be known as Columbus Day, for all purposes whatsoever as regards the transaction of business in the public offices of this State or counties of this State (n). Independent XCIII. That from and after the passage of this school districts, act, the corporate powers, authorities, and fran- May exercise cer- chises conferred upon townships of the first class taiu corporate by the provisions of section seven of the act of tre^a^nd^fran- Assembly, entitled "An act to provide for the chises of town- classification of townships of the Commonwealth, ships o( the Hrst with respect to their population, into two classes, *^^"^^- and to prescribe the form of government for townships of each class," approved April twenty-eight, one thousand eight hundred and ninety-nine, and its various supple- ments and amendments, be and the same are hereby conferred upon all independent school districts in this Commonwealth contiguous to cities or boroughs. That the duty of the execution of the powers, powers etc authorities, and franchises hereby conferred on in- dependent school districts shall be vested in the duly elected school boards of said independent school districts (o). X('IV. That every parent, guardian, or other person in this Commonwealth having control or charge of Si"a?dians^'l?c''*^' '^ ^^^^^ ^^ children, between the ages of eight and sixteen years, shall be required to send such child or children, to a day .school in which the common English branches are taught, and such child or chil- dren shall attend such school continuously Attendance. during the entire time in which the public school in their respective district shall be in session, unless such child or children shall be excused fi'om ma'*/" be ''excused ^"^^ attendance by the board of the school district in which the parent, guardian or other person resides, upon presentation to said board of satisfactory evidence showing such child or children are prevented from attendance upon school or application to study by mental, (m) Act April 23, 1909, P. L. p. 158. (n) Act April 29, 1909, P. L. p. 274. (O) Act Mav 3, 1909, P. L. p. 390. OF PENNSYLVANIA. 41 physical, or otlier urgent reasons. But the term "urgent reasons," shall be strictly construed, and shall not permit of irregular attendance: Provided, That the school board in each district shall have power, Proviso, at its June meeting, to reduce the period of compulsory at- tendance to not less than seventy per centum (70 per centum) of the school term in such district, in which case the board must, at that date, fix the time for compulsory attendance to begin. This act shall not apply to any child, between the ages of fourteen and sixteen ^W)iicatlon of years, who can read and write the English language intelligently, and is regularly engaged in any useful employment or service. A certificate of age, and ability to read and write the English Ian- Certiflcate. guage intelligently, shall be issued by the superintendent of schools, notary public, justice of the peace, or any other per- son duly authorized to administer oaths, in cities and boroughs, and by the secretary of the school board in rural districts: Provided, That in case there Proviso, be no public school in session within two miles, by the nearest traveled road, of any person within the school district, he or she shall not be liable to the provisions of this act: Provided, That this act shall not i'rovlso. apply to any child that has been or is being otherwise in- structed in English, in the common branches of learning, for a like period of time, by any legally qualified governess or private teacher in a family: And provided, further. That any teacher or principal of any Proviso, private school or educational institution shall report non attendance, as provided in section five (5) of this act: Provided, further. That any per- Proviso, son employing a child, or children, shall furnish, on or before the third Monday of the school term, and quaterly thereafter, to the superintendent of Soyers ^"^ schools, to the secretary of the board of school directors or controllers, of the district in which such child or children reside, the name, age, place of residence, and name of parent or guardian, of every person under the age of six- teen years in his employ at the time of said report: And provided also, That the certifi- Proviso- cate of any principal or teacher of a private school, or of any institution for the education of children, in which the common English branches are prVvafe^schoo/ taught, setting forth that the work of said school is in compliance with the provisions of this act, shall be sufficient and satisfactory evidence thereof, and the princi- pal or teacher of said school or institution shall have the power 42 SCHOOL LAWS AND DECISIONS to excuse any child or children i'ur uou-attcudauce during tem- porary periods in accordance with the provisions of this act (p). Neglect of duty XCV . For every neglect of duty imposed by by principal, the first section of this act, the principal or teacher, or teacher, no person in parental relation, ofifend- P'l^''^"* ing, shall be guilty of a misdemeanor, and shall, upon conviction thereof before a justice of the peace, magistrate, or alderman forfeit a fine not ^^' exceeding two dollars on hrst conviction, and a fine net exceeding five dollars tor each subsequent convic- tion ; and in default of payment of said fine, tiie defeudant may be committed to the county prison for a period not exceeding two days for the first conviction, and for a period not ex- ceeding five days for each subsequent convic- I'loviso. tion: I'rovided, Upon conviction, the defend- ant or defandants may appeal to the court of quarter sessions of the peace of the proper county, within five ^^^"^ • days, ujion entering into recognizance with one surety for the amount of the fines and costs: i'rovided, Proviso however. That before such penalty shall be Notice to nai-ent incurred, the parent, guardian, or other per- son liable therefor shall be notified in writing by the superintendent of schools, or the secretary of the school board, or ^y tne attendance oflicer, •' there ^o ^au, oi . ,.., liability, ana shau have ouportunity, by compliance with the reouirements of this act within three school days, then and thereafter to avoid the imposition of such penalty, liut after such notice has been served, if the same child is absent from school three days, or their equivalent in lime, during the I'e- maining period of compulsory attendance, atter notice?'^^ without excuse as provided by section one (1) of this act, the parent, guardian, or person in parental relation shall be liable to prosecution under this act, without further notice. Any person, firm, Unlawful employ- ^j. corporation who shall employ, or have in his or their employ, any child not in attendance at school as provided in section one (1) of this act, shall be guilty of a misdemeanor, and, upon conviction thereof before a jus- tice of lue peace, magistx'ate, or alderman, shall be fined in the sum of ten dollars for the first otL'ense, ^^'^®- and in the sum of thirty dollars for each sub- Proviso, sequent offense: Provided, Upon conviction. Appeal. ^^^ defendant or defendants may appeal to the court of quarter sessions of the peace of the proper county, within five days, upon entering into recog- nizance with one surety for the amount of the fines and costs. (p) Act May 29, 1907, sec. 1, P. L. p. 316. OF PENNSYLVANIA. 43 The fines provided for by this act shall, when collected, be paid over by the officers collecting the same, into the school treasury of the respective dis- ^^'1^°^'""° °* tricts, for the use of the said school district of the city, borough, or township in which such principal, or teacher, or person in parental relation, convicted, resides: or in cases of conviction for employing or having in employ any child not in attendance at school, as provided in section one (1) of this act, for the use of the said school district of the city, borough, or township in which such child is em- ployed ; to be applied and accounted for by such treasurers in the same way as other moneys raised for school purposes. Such fines shall be collected by a process of law similar to the collection of other fines (q). XCVl. The board of school directors or school controllei-s shall in cities, and may in all other school . , „ districts, employ one or more persons to be ^Jj,*g *^® known as attendance officers, who shall, in addition to the duties provided elsewhere in this act, have full police power without warrant, and whose duty it shall be to look after and arrest and po^er*"*^^ ^''"^*' apprehend truants and others who fail to at- tend school in accordance with the provisions Duty of of- of this act, or is incorrigible or insubordinate fleers. or disorderly during attendance upon instruction in the pub- lie schools. When an attendance officer arrests or apprehends any ti-uant or other person, who fails to attend schood in ac- cordance with the provisions of this act, or who is incorrigible or insubordinate or disorderly during attendance upon instruction in the public schools, as herein set forth, he shall have power, immediately, to place him or her in the school Disposal of in which he or she is, or .should be, enrolled, truant, or, at the expense of the parent, guardian, or person in paren- tal relation, in such private school, as provided by section one (X) of this act, as the parent, guardian, or person in parental relation may select. And in case the parent, guardian, or person in parental relation shall refuse or neglect, immedi- ately, to select such school, the school board or board of school controllers shall have full power to designate the school in which such child shall be placed. Such attendance officers shall have authority to enter any place where- ofl5cers sbaii in any gainful occupation is carried on, to iiave right of en- ascertain whether any child or children not try. in attendance at school, as provided in section one (1) of this act, are employed therein ; and, in pursuance of such au- thority, such officers shall have the right to inspect any em- ~(q) Act May 20, 1907, sec^ Y, P. Up. 323^ , - 44 SCilOUL LAWS AND DECISIONS ployment certificates, notices, registers, or papers!'"" ^^her lists required by law to be kept on file or to be posted therein. Any owner, superin- tendent, lessee, or other person in charge of any place wherein 1 f rt ^"-^ gainful occupation is carried on. who shall mittance etc efuse admittance to an attendance officer, or opportunity to an attendance officer for in- specting freely any child or children employed therein, or who shall refuse to permit inspection by an attendance ofi^icer of any employment certificate, notice, registers, and other lists required by law to be filed or to be posted therein, shall be guilty of a misdemeanor, and. upon convic- ^^°^- tion thereof, shall be fined in a sum not less than twenty-five dollars nor more than fifty dollars. Such at- . tendance officers shall have authority to dis- ompToyment "^ ™'^^ ^^''^ employment, in any such place wherein any gainful occupation is carried on, any child or children not in attendance at school as provided in section one (1) of this act and employed therein, and dismis- sal to take effect at the end of working hours upon the day upon which such dismissal is ordered: Provi- Proviso. ,jg(j^ That any child who shall be aggrieved by the order of dismissal of such attendance oflHcer shall have the right of appeal, forthwith, to the county, in^enfient" ^^^^^' city, or borough common school superintend- ent of the district wherein such child was employed, or his deputy duly authorized by him to hear such appeals, whose duty it shall be forthwith to Proviso. hear and decide such appeal: Provided, fur- ther. That such child who shall be aggrieved by the decision, upon such appeal, of a county, city, or borough common school superintendent, or his deputy aforesaid, shall Appeal to court, i^^ve the right of appeal to the court of quar- ter sessions of the peace of the county wherein such child was employed, which court is authorized to hear and decide such appeal, and whose decision shall be final. The persons ap- pointed bv such attendance officers shall be officirf^^*'"" entitled to such compensation as shall be fixed hy the boards appointing them ; but in town- shius, it shall not exceed two dollars per day ; and such com- pensation may be paid out of the school fund. Boards of di- rectors or controllers of any school district, or of tv%o or more districts jointly, may establish special schools Special schools. for children who nre habitual truanrs, or arc insubordinate or disorderly durin? their attendance upon in stniction in the public schools, and may provide for the proper care, maintenance, and instruction of such children in such schools, for such period of time .ns the board may prescribe, OF PENNSYLVANIA. 4§ But before the pupil shall be placed in such special school the parent, guardian, or person Notice to parent, in parental relation shall have opportunity to be heard. All truancy and incorrigibility shall be deemed disorderly conduct. And in case no special duct."^ ^"^^ *°°" school, as herein prescribed, has been estab- lished, the superintendent of schools or secretary, or attend- ance officer if there be one, shall proceed against such truant or incorrigible pupil as a disorderly person, before a justice of the peace, magistrate, or alderman, and, upon conviction, the pupil may be sentenced to any sc'iae'nce special or reformatory school supported wholly, or in part, by the State, or, at the option of the school board or board of controllers, be committed to the care of a society, duly incorporated, having for one of its objects the protection of children from cruelty or the placing of children, not other- wise provided for, in families ; ana. in case of a commitment of a child or children to the care of such society, the board of directors or controllers of the district may provide for the ex- pense of the maintenance and education of such child or chil- dren out of that part of the school fund, within its control, which shall have been appropriated to said board by the local authorities of said district (r). XCVII. It shall be the duty of the assessors of voters of every district, when not notified and directed to the contrary, by the school board, at the Assessors to spring registration of voters or as soon as pos- ^^dren etc sible thereafter, to make, in a .substantial book, provided by the Superintendent of Public Instruction at the ex- pense of the State, for that purpose, a careful and correct list of all children between the ases of six and sixteen within his district, giving the full name, date of birth, age, sex. nationality, residence, sub-school district. Contents of list, name and address of parent or person in parental relation, and the name and location of the school where the child is enrolled, or the cause of non-enrollment, and the name and address of the employer of any child under sixteen years of age that is en- gaged in any regular employment or service: which enumera- tion, after approval by the secretary of the said school district, shall be returned by the said assessor to the Disposition of county commissioners of the county in which the enumeration enumeration is made, whose duty it shall be to "^t- forward the same, or a certified copy thereof, to the secretary of the proper school district, prior to July fifteenth of each year, who shall immediately furnish the principal or teacher of each school with a correct list of all children in his or her district who (r) Act May 29, 1907, sec. 3. P. L. p. 325. 46 SCHOOL LAWS AND DECISIONS are subject to the provisions of this act ; and the said county commissioners shall furnish a summary of such statistics to the Superintendent of Public Instruction, upon blanks provided by the State. And the said assessors shall be paid out of the county Compensation of funds, a per diem compensation for their services, assessors. g^ g^m equal to the compensation paid under ex- isting laws for assessors of election ; said ser- Proviso. vices not to exceed ten days: Provided, That prior to February lirst. of any year, any board of di- rectors or controllers of any school district may authorize such enumeration to be made by the attendance officers or other persons, at the expense of the school district, under the same conditions as herein provided for assessors ; Pro- Proviso, vided, further. That the attendance officers, if there be any, or the superintendent of schools, or the secretary of the school board, shall have the power to add to this register the names of children within the prescribed ages whose names do not appear thereon (s). XCVIII. That for the school year beginning on the first Mon- day of June, one thousand nine hundred and seven, and bien- nially thereafter, the Superintendent of Public Instruction is hereby authorized and required to use the return of the num- rt h ^^^' ^^ children between the ages of six and county commis- sixteen years of age in the several school dis- sioners to be tricts in each county, now required to be made basis for distri- by the county commissioners to the Superintend- priat?on°* appro- p^^. ^f Public Instruction, by an act approved the eleventh day of May, Anno Domini nineteen hundred and one (Pamphlet Laws, page six hundred and sixty- two), as a basis for the distribution of one-third of the State ap- propriation to schools (t). XCIX. It shall be the duty of each teacher in the school dis- trict to report immediately to the attendance Report of teacb- officer, or the superintendent of schools, or the secretary of the board of directors or controllers, the names of all children, on the list previously furnished by said superintendent or secretary, who have been absent three days or their equivalent, within any school term, without lawful ex- cuse ; when, ii it shall appear that any parent, guardian, or other person having control of any child or children shall have failed to comply with the provisions of this act, after notifica- tion in writing as provided in section two, the Notice. superintendent or secretary, or attendance officer if there be one, in the name of the school district, shall proceed (s) Act July 11, 1901. sec. 4, P. !>. p. 661. ft) Act Mny S, 1907, soo. 1, P. Ij. p. 183. OF PENNSYLVANIA. 47 against the offending parent or parents, guardian or guardians, or otlier pei"son or persons having r?a*fnsf*oa^end control of any child or children, in accordance with the provisions of this act: Provided, further, That if sufB- cient cause be shown for the neglect, by such offending parent or parents, guardian or guardians, Proviso. or other pereon or persons having control of any child or children of the requirements of this act, or if the costs of prosecution can- not be collected from such parent or parents, guardian or guar- dians, or other person or persons having control of any child or children, being party or parties defendant, said Paymeni of costs may be paid out of the district funds, cosis. upon a proper voucher approved by the board of directors or controllers, m all cases of the violation, by any person, firm, or corporation, or of any owner, Viola nou by em- superintendent, lessee, or other person, in charge ^''''^' of any place wherein any gainful occupation is carried on, of any of the provisions of this act, the superintendent of schools, or the secretary of the board of directors or controllers, or attendance officer if there be one, of the school district within which the of- fense is alleged to have been committed, in the name of the school district, shall proceed against the offending parties in ac- cordance with the provisions of this act: Pro- vided, That if the costs of prosecution cannot P''o'<'iso. be collected from such offending parties defendant, said costs may- be paid out of the district funds, upon a proper voucher approved by the board of directors or controllers (u). C. The superintendent of schools or secretary, or attendance officer if there be one, of any board of directors or controllers who wilfully refuses or neglects Refusal or neg- to comply with the provisions of this act shall ^ffl^"* officers, be guilty of a misdemeanor, and upon conviction ' "' '^™*^'*°°''- thereof, before an alderman, magistrate or jus- tice of the peace, shall forfeit a fine not exceeding twenty-five dollars (v). CI. The State Superintendent of Public Instruction may with- hold one-fourth State appropriation from any school district which neglects or refuses to en- Portion of appro- force the provisions of this act in a manner and withheld '"'^^ degree satisfactory to the State Superintendent of Public Instruction (w). CII. The act of May sixteenth, one thousand eight hundred and ninety-five, entitled "An act to provide for the attendance of children in the schools of this Commonwealth, and making an enumeration of children for that purpose ; also, providing com- (u) Act May 29, 1907, sec. 5, P. L. p. 327. (v) Act July 11, 1901, sec. 6. P. L. p. 662. (w) Act July 11, 1901, sec. 7, P. L. p. 662. 4S SCTIOOL LAWS AND DECISIONS pensation for the asessors making the eniuueratlou, and providing penalties for violations of this act ;" and the act of the twelfth of July, Anno Domioi one thousand eight hun- Acts of May 16, dred and ninety-seven, entitled "An act to amend 12^^189"*^ °^t''d'^ sections one, two, three, four and five of an act. ror repeal.*'' ^ entitled 'An act to provide for the attendance of children in the schools of this Commonwealth, and making an enumeration of children for that purpose ; also, pro- viding compensation for the assessors making the enumeration, and providing penalties for the violation of this act,' approved the sixteenth day of May, Anno Domini one thousand eight hundred and ninety-five, increasing the age within which children shall be subject to its provisions to sixteen years, and making certain ex- emptions, subjecting principals and teachers to certain penalties, conferring upon the directors or controllers power to designate schools for those who fail to attend schools, to establish special schools for truants and other offenders, and providing for the restraint of truants and other offenders, for registration by the attendance oflScers and report of absentees from school," and any other act or parts of acts, inconsistent here- with be and are hereby repealed (x). Uepeai. NOTE. — The law makes it the duty of the county commis- sioners to provide a room for the confinement of children under the age of sixteen years, who are in custody and awaiting a hearing in the courts of the county. See Act of April 3, 1903. 65. School boards must decide such incidental questions as may arise in their respective districts concerning the validity of excuses offered by parents or guardians for the non-attend- ance of children. School boards have a reasonable discretion in all these matters. Children cannot be compelled to attend school a distance of over two miles. It is the duty of school boards to make proper provision for the admissiod and instruction of childen of legal age within a reasonable distance from their homes. NOTE. — All applications for the commitment of children under the age of sixteen years shall be made to the court of quarter sessions of the county. Act of May 26, 1903. 66. The number of schools to be established in any district is not fixed by law. There must be "a sufiicient number for the education of every individual, between six and twenty-one years, who may apply for admission and instruction." 67. This number is to be ascertained, not by any arbitrary rule of the board, but deduced from the experience of teachers and schools. It is found that one teacher cannot do justice to more than fifty pupils in daily attendance, in a mixed school — if he can to so many ; and, therefore, a daily attendance of ma- (X) Act July 11, 1901, sec. 8, P. L. p. 663. OF PENNSYLVANIA. 49 terially over this mimber in any of the school.s uf a district is a violation of the spirit of the law. and the number of schools should be increased, or what is much better, when practicable, those already in existence should be graded. 68. Neglect to provide a "sufScient number" of schools, is punishable by removal from ofl5ce of the directors so neglecting their duty, and the appointment of others in their stead. 69. Residence in the district and lawful age are the only requisites to entitle a person to admission to a common school in Pennsylvania. 70. Neither payment of tax nor application by parent or guar- dian are requisite to admission. The one is indispensable for the support of the schools, and the other is the usual mode of obtaining admission to them ; but every youth resident in the di.strict. needing instraction, and between six and twenty-one years of age, must be admitted on his or her own application. 71. The residence of a child is generally that of the parent, master or employer, with whom he resides at the time of the application. 72. But the residence of the parent is not necessarily that of the child, in reference to the school. If a child reside in another district, with a grandparent or other relative, as a member of the family; or is working for his board and clothes, or for money, with privilege to attend school part of the time ; or is in any other way separated from his parents with the consent of the latter, by a permanent arrangement made in good faith and for his own benefit — he thereby acquires a new school resi- dence, and a right of admission to the schools of the district within which he thus resides. 73. Directors must determine for themselves, in all cases whether the residence claimed by the applicants is such as to entitle them to admission to the public schools of the district over which the board has official jurisdiction. Boards may exercise a reasonable and liberal discretion in such matters. They have authority to determine, according to the facts and circumstances governing individual cases, when and where, in their judgment, pupils have acquired a bona fide school resi- dence. cm. That any child or children of any person who was a soldier in the service of the United States in the late war of the rebellion, being, or who Children of sol- shall be. temporarly or otherwise, within any f^^l^ entitled to school district of the Commonwealth shall, upon district schoole application be entitled to admission and instmc- tion the same as resident children in the proper common school of such district, and notwithstanding such child or children may have or shall come into such district, daily or weekly. 50 SCHOOL LAWS A\D DECISIONS for the purpose of attendance at such school, and the residence of the parents, guardian or other person or persons entitled by law to the custody of such child or children be cosT'of Instruc- ^^ another district: Provided, That such pupils tion. ' shall be charged for by the month at the same rate as it costs the district receiving them, per pupil, to keep its school in operation, and that the bill for such tuition shall be sworn to by the president and secretary of said school board, and the charges for such tuition shall be paid by the district or districts in which the chaldren have permanent residence (y). CIV. That the board of education or the board of school trustees in the several cities, towns, town- fla'is^'mav^be ships, boroughs, villages and school districts purchased for ^^ this State may purchase a United States public school flag, flag-staff and the necessary appliances there- buiidings. for, and shall display said flag upon, near or in the public school building during school hours. Flags shall be and at such times as the said board may deem (lisp ayeti. proper ; and that the necessary funds to defray How funds shall ^^^ expenses to be incurred herein shall be assesesd be raised. ^^^ collected in the same manner as moneys for jublic school purposes are now raised by law (z). CV. That the board of controllers of school districts, which are composed of cities or boroughs, divided into ei^ conferred*'^!! wards for school purposes, or boroughs not di- board. vided into wards for school purposes, having a population of five thousand or over, shall, in addi- tion to the powers and duties conferred or enjoined by the act of the eighth day of May, one thousand eight hundred and fifty- four, and the supplement thereto, possess the following powers and perform the following duties: Establish high Clause 1. They may establish a public high school. school. Clause 2. They shall admit to said public high school all chil- dren under the age of tweut.y-oue years resld- admitted^\o''^said '°^ within said school district who shall be high school. found qualified for admission thereto, after having undergone such an examination as shall be pre- scribed by the said board of controllers: Provided, Said board of controllers or directors shall have the power to prescribe the terms upon which other children than those I'esiaing in said district shall be allowed to attend said public high school. (y) Act July 2, 1895, sec. \, P. L. p. 434. (z) Act July 9, 1897, see. 1, P. L. p. 233. OF PENNSYLVANIA. 51 Clause 3. They shall exercise a general supervision over said public high school, appoint all the teachers there- lor. fix the amount of their salaries, and shall geneiaf^super^ have power to dismiss any teacher, at any time, vision over high for incompetency, cruelty, negligence, immorality, school, or other cause ; they may suspend or expel from said school all pu- pils found guilty, on full examination and hearing, of refractory or incorrigibly bad conduct; and shall have power to make all proper regulations and rules for the government and discipline of said school. (Clause 4. Said board of controllers or directors shall visit said public high school, by at least one of their number, at least ouce in each week, and cause Visitation, the results of such visit to be entered on the minutes of said board of controllers. Clause 5. They shall direct what branches of Branches to be learning shall be taught and what books shall taught and be used in said ^public high school. boolis used. Clause 6. The said board of controllers or directors shall not employ any person as teacher in said public high school unless such person shall produce Qualification of such a certificate as would entitle him or her t^'^^hers. to teach in the ward schools, which certificate shall set forth the branche.s of learning which the holder thereof is qualified to teach ; and, provided, no teacher shall be employed in teach- ing any branch of learning other than those enumerated in his or her certificate. Clause 7. The said board of controllers or directors shall main- tain and operate said public high school not oxc-eding ter months in each year, and shall of^^t'eTm"" '^°^*'' pay all the lecessary expenses thereof, by drafts on the treasurer of said board, signed by the president and at- tested by the secretary thereof. Clause 8. They f^hall have power to purchase, procure and hold such real and personal property as may be necessary for the establishment and support P"'""" to hold or of said public high school, and the same to sell, tat^.^^ ^^' alien and dispcse of when no longer necessarv „ , for the purposes aforesaid: Provided, said real esTtate. estate shall not exceed one hundred thousand dollars. Clause 9. They shall cause suitable lots of ground to be pro- cured and suitable buildings \o lie erected there- on, for the accommodation of said public high biuldln^s '^"'^ school, and shall keep the same in repair, and " shall cause to be rented a suitable building, for the temporary accommodation of said public high school, until a suitable perma- nent building can be obtained. 52 SCHOOJ. LAWS AND DECISIONS Clause 10. Whenever said board of controllers or directors shall be unable to procure an eligible site for H roceed ^^^ erection of said public high school by agree- whon sui?abie ment of the owner or owners of the land, it shall sites cannot b<> and may be lawful for said board of controllers secured or directors to enter upon and occupy sufficient ground for such purpose ; but before doing so. said board of controllers or directors shall tender to such owner or owners the bond of said school district, oon- Shaii^teMer bond (jitioned for the payment of the damages suf- fered by said owner or owners by reason of such eutj-y and occupancy, when finally ascertained (a). CVI. They shall direct what branches of Icarn- Branches taught j^g ^haU be taught and what instruction, if any, to be used shall be given in the industrial arts, and what books shall be used in said public high school (b). CVII. That the directors or controllers of any school district High schools may may establish a public high schoel, and the State be established. Superintendent of Public Instruction shall pre- Course of In- scribe a uniform course of mstruction which shall struction. be taught in the high schools of each grade (c). CVIII. The directors of two or more townships or school dis- tricts shall have power to establish joint high ?'hiTt"T i™f^^h)ffh schools, and the expense shall be paid as may schools. be agreed upon by the directors or controllers of said districts, who shall meet jointly as often as may be necessary for the transaction of business pertaining to the joint high schools under their jurisdiction, and all proceedings in relation thereto shall be spread at large upon the minutes of the respective boards (d). CIX. That the directors of any two or more adjacent town- ships or school districts, who desire to establish a joint high school under the provisions of the act to which this is a supple- ment, shall have power to purchase real estate Piirchase of real j^^. g^ suitable school site at any place that may school. *" * be agreed upon, in either of said townships or districts, and take title thereto in the corporate name of said townships or districts, and to erect the necessary (a) Act .May 26, 1893, sec. 1, P. L. p. 146. (b) Act May 8, 1889, sec. 1, P. L. p. 124. (c) Act .Tune 28, 1895. sec. 1. P. L. p. 413. (d) Act June 28, 1895, sec. 2, P. L. p. 413. OF PENNSYLVANIA. 53 buildings and provide the necessary equipment for said high schools ; and the directors of each Erection of buiid- of said townships or districts shall have power °^' to issue bonds, in the manner prescribed and isg„e of bond* subject to the limitations imposed by law, for the purpose of raising the necessary funds to carry into effect the foregoing powers ; but no indebtedness shall be created un- der authority of this act except by the vote of a majority of all the directors of each of said townships or school districts ; and any indebtedness so created shall be apportioned among the respective townships or districts, by Apportionment of which said high school is established, accord- 'nieDteaness. ing to the last adjusted valuation of the subjects and things in said townships or districts taxable for school purposes, which valuation shall be taken from the records of the county com- misisoners at the date said bond issue is authorized. Clause 2. The directors of each of the townships or dis- tricts establishing said joint high school shall, at their first meeting after the same has been placed in operation, and annually thereafter, select one of their number to represent said_ township or district in the transaction of business per- taining to said high school ; and the members so selected shall constitute a separate board, which shall be known as the high school board of said districts, and shall have all the powers and duties, and be subject to all High school the_ liabilities with respect to the control, regu- '"^'""''• lation, and maintenance of said high school, powers and that are conferred or imoosed by law upon the duties, school directors of either of the townships or districts by which said high school is established: Provided, That said high school board shall have no power to create indebtedness by the issue of bonds, or Proviso, otherwise ; but, in the disbursement of funds, shall be limited to the moneys provided by the school boards of the respective town- ships or districts which it represents (e). OX. A high school maintaining four years of study beyond the branches of learning prescribed to be taught „ , h n h^. in the common schools and called the common .ifvided into branches shall be known as a high school of the grades, according first grade; a high school maintaining three to course of years of study beyond the common branches study. shall be known as a high school of the second grade ; a high school maintaining two yeai-s of study beyond the common branches shall be known as a high school of the third grade: Provided, That the reviews necessary Proviso. (e) Act May 28, 1907, sees. 1 and 2, P. L. p. 319. 54 SCHOOL 1.AWS AND DECISIONS for the prosecution of high school studies shall not be excluded from the estimate of the year's study beyond the common branches (f). CXI. From the annual appropriations in aid of high schools, a high school of the first gi-ade shall each year Annual appro- receive a sum not exceeding eight hundred dol- priations In aid j^rs, a high school of the second grade a sum how mvided? °ot exceeding six hundred dollars, a high school of the third grade a sum not exceeding four hun- dred dollars. If the appropriation is insufficient to pay the above amount to the several high schools, then the appropriation shall be distributed to the schools of the respective grades in such a manner that each school shall receive a sum proportional to the number of years of advanced study maintained in its course of instruction: Provided, That any high school Proviso. established at the fall opening of the school year, beginning on the first Monday of June, one thousand eight hundred and ninet.y-five, shall be paid at the end of the year as a high school of the third grade (g). CXI I. The directors or controllers of every district receiving aid in accordance with section four of this act, pfoymeS' o?' shall employ for said high school at least one teacher legally certified to teach book-keeping, civics, general history, algebra, geometry, trigonometry, including plane surveying, rhetoric, EngTish literature, Latin, including Caesar, Virgil and Cicero, and the elements of physics, chemistry, including the chemistry of soils, botany, geology and zoology, including entomology, and no teacher shall be employed to teach any branch or branches of learning other than those enumerated in his or her certificate (h). CXIII. The directors or controllers of every district establish- ing a high school and receiving State aid in Sworn state- support of said high school, shall, before the first ments to Super- day of September following the close of each He Inltruction." school year, make to the Superintendent of Public instruction sworn statements giving full infor- mation concerning the teachers, classes and courses of study of every high school under their jurisdiction (i). CXIV. High schools established in accordance with this act (f) Act June 28, 1895, sec. 3, P. L. p. 413. (g) Act June 28, 1895, sec. -1, P. L. p. 414. (h) Act June 28, 1895, sec. 1-. P. L. p. 414. (1) Act June 28, 1895, sec. 6, P. L. p. 414. OF PENxXSYLVAMA. 55 Cost of tuition and books. of Assembly shall be under tbe siiiiervision of supervision of the superintendent of the city, borougli or county bij;ij schools. in which they are situated (ji. CxvV. That pupils, residing in school distincts Higli schools, in which no public liigh school is maintained, may attend during the entire term a hiuh school in the township or borough school-district main- "V-^^i^j"'^*" ^^.^^"^ taining such high school, located nearest or most adu-icent tlisfrict. convenient to their homes : provided the consent of the, directors of the district in which said high school is located be first obtained. The cost of tuition and school books, which shall not exceed that of the tuition and school-books of all pupils, both resident and non-resident, pursuing studies in the same grades or courses in the district maintaining such high school shall be paid to the district receiving such pupils, out of the moneys raised by taxation for public school ^°'"' *" ^^ paia. purposes in the district in which said pupils reside. It shall be the duty of the district in which said children reside to pay the cost of tuition and school-books ; and, upon their failure to do so. the same may be paid by the parent of such children, and by him collected as debts of like amount are now collectible by law. The directors or controllers in any district, where- in is located any public high school receiving Estimate of cost. State aid from any appropriation made specifically for the main- tenance and support of such high schools, shall deduct their share of such appropriation from the total cost of tuition and text-books, of such school, before reckoning the cost per pupil in making bills foi' tuition to outside districts for their non- resident jjupils: I'rovided. That before admis- sion to a high school, such pupil shall be ex- i*™viso. amined, and found (lualified for high school work. Examination, by the principal of such high school, together with, or under the direction of, the county superintendent (k). CXVI. The courses of study in high schools re- Approval of ceiving State aid shall be subject to the approval courses of study, of the Superintendent of Public Instruction (1). CXVI I. That the board of school directors of any school dis- trict within this Commonwealth, having a population of more than twenty thousand inhabitants, and having within the limits (j) Act June 28, 1895, sec. 7. P. L. p. 414. (k) Act May 23, 1907, sec. 1. P. L. p. 202. (1) Act June 28, 1895, gep, 8, V. L. p. 414. iJt) SCHOOL LAWS AND DI DIOCISIONS which neglects to provide a sufticietit number of comfortable school houses at proper points, within a reasonable distance of all the pupils, presided over by as aood teachers as can be readily procured, and supplied with suitable furniture and apparatus, neglects a plain duty and betrays a sacred trust. 75. Half an acre of ground should be secured for every rural school house ; and if a whole acre can be obtained, it will be so much the better. 76. In towns, the school lots should be large enough to afford playground, and secure good light and air. 77. The location should be central to the population to be accommodated, healthful, and on good traveled roads. Low and damp or bleak and exposed positions should not be accepted. e\en as gifts. 78. The title to the ground selected for a school house should be carefully examined, and be made perfect before the building is commenced. 79. When school lots are leased, the right to remove the school house should always be reserved in the lease. Rut no school house should be built on rented ground, when a suitable site can be purchased. 80. Trust property for school purposes, conveyed to directors, can be held and used for common school pur[)oses. in the same manner as other property belonging to the board except that it cannot be sold by I'ie board. 81. The Board is not liound by a vote of the citizens of the district on a question of location. In all cases it is proper to ascertain, and to n proper extent, to be guided by public senti- ment, on questions in which the public are directly interested. Rut this can be as well ascertained without the formality of an election which, generally, only embitters the contest when the result of the vote is not binding. 82. The plan of a proposed school house should be matured with the greatest care. Some work on school architecture should first be examined; for, thougii no design suitable to the wishes of the board in all respects may be found in it ; yet valuable hints may be met, and parts of different plans combined, so as to suit the case. Other good school houses should also be ex- amined. Superintendents can give good advice. 83. The undoubted care and control of the school houses are with the lioard of directors, by the provisions as well as the whole scone of the law. The agreement with the teachers also recognizes and secures this right, and infringement upon it is a trespass. 84. School houses are not public property in the sense that gives citizens the right to use them for any but school pur- poses, without the consent of the directors. They should not OF l'i:.\NSVL\ AMA. 59 permil them to be used for any other, unless iu cases where the purpose is innocent or promotive oi the general cause of education, and the improvement of youth. 85. The establishment of a joint school must bo a matter of agreement between the boards of the two districts. Neither party can be compelled to outer into it. Such schools are usually a subject of contention, and should not be established unless the necessity for them is very pressing. 8G. If a house is to be built for a joint school it should belong to and its management be vested in. the board on whoso teiri- tory it stands, and the hoard of the other district should pay a fair annual compensation for the privilege of sending to it, with the proper proportion of the teacher's salary and other expenses. Besides, directors have no authority to make an agreement for a joint school that will be perpetually binding upon their successors. All agreements for the establishment of joint schools should be made for a stipulated length of time, and either of the parties to such an agreement can withdraw from it at the expiration of that time. In all cases, howover. courtesy would demand that timely notice should be given to all interested, by the party intending to terminate the agreement. Proper regard should also be paid to the interest of the children, who might be deprived of convenient school accommodations by hasty action in breaking up a joint scnool. 87. The law does not specify the different articles or kind of furniture proper for a common school house. But, as in other matters of detail, it leaves these points to the sound discretion of the local directors. And it is their duty to render the houses as pleasant, and furniture as commodious as the means at their disposal will permit. CXXV. That if any per.son shall wilfully and maliciously break or enter any public school house, public school building or other buildings used for pub- Breaking into lie school purposes, or any out house used in building or dam- connection therewith, or shall injure, damage J5fp"|re(l°a^^u_ or destroy any school furniture, books, papers, demeanor. maps, charts or apparatus contained in any i>nl)- lic school house or other building used and occupied for public school purposes, he shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not ex- ceeding one hundred dollars, or undergo an im- Penalty, prisonment in the county jail for a period not exceeding six months, or either, or both, at the discretion of the court (u). (II) Act May 19. 18S7, sec. 1. P. L. p 76 ».Ht SCHOOL r.AWS AND DECISIONS ('XXVI. That boards of school directors and ooiuroUers siialJ pi'ovide suitable and convenient water closets for fur ^eacb school. ^'^*-'^ '^^ ^^'•^ schools under their ofTicial jurisdic- tion, not less than two for each school or school buildini;. where both sexes are in attendance in their respective school tlistricts. with separate means of access for each; and un- less placed at remote distance one from the other. t^"arranpefi ^^'" approaches or wallis thereto shall be separated by a substantial close fence, not less than seven feet in height, and it shall be the duty of the directors or con- trollers to make provision for keeping the water closets in a clean, comfortable and healthful condition (v). rXXVII. Any failure on the part of school directors or con- trollers to comply with the provisions of this Rfmovai of di- ^^^ shall make them liable to be removed from rectors lor non- a:i_..i ..^ 2. ■ i^^l compliance ottice by the court or quarter sessions of the county in which the schools are located, upon complaint made to the court, under oath or alfirmation of not less than five taxable citizens, resident in the school district in which the school is located (w). 88. Separate apartments under the same roof will not be suffi- cient, but separate housi-s for each sex, placed as far apart as possible, must be provided by the directors and properly cared for as the law expressly reiiuires. CXXVIII. That the boards of school directors and controllers of each school district of this Commonwealth be ?lrec^ors* school ^nd they are hereby required at least once dur- ing each full school term and prior to the first Removal of waste of January of each year, and within thirty days matter, etc after the close of each annual school term, to have taken out. removed and hauled away all excrement and waste matter from every out-house or water closet connected with or standing upon the premises of every public school-house in the Commonwealth, or have the same properly dis- Di3infection etc. infected ; and they are required to have every out- house or water closet properly scrubbed, washed out and cleaned, the inside walls whitewashed and the vaults or receptacles cov- ered with a layer of fresh dirt or dry slacked lime within ten days of the opening of each annual school term (x). CXXIX. That the school boards of the several townships or (T) Act Jnne 6, 1893, see. 1 1'. L. p. 3S9 (w) Act June e, 1893, sec. 'i. P. L. 839 'X) Act June 34. 1895, P. L. p 254 OF I'E.NNSVLX AMA. tjl school districts within this Commonwealth, shall have full power and authority to contract with School boards any person, company or association to furnish supply*^ of "wate""^ the said township or district with a sufficient sup- ply of water for protection from fire or for sanitai'y purposes for a period not excoedinii- three (3) years, and to lo- cate and erect fire plugs in close proximity to ''^c^™ °^ contract, the school buildings (y)- CXXX. The school boards as aforesaid shall make a record of such contracts as they may enter into, includ- ing: the cost thereof, which they are hereby au- J^^f/,™*' "^c "' thorized to pay out of any funds in the treasury not otherwise appropriated (zj. CXXXI. The township auditors shall pass upon such bills. and their action thereon shall have the same ef- gjug gij^D ^)g feet as upon other expenditures of such school au'liteil. boards (a). CXXXII. That it shall be lawful for the ward or sub-district school boards, as well as for the central boards of education or of school controllers or directors School boards in the several cities and boroughs of the Com- '""^^ permit the „ ,., . -^ ii /-if 11 1 use or grounds monwealth to permit the use of the school grounds for recreation under their jurisdiction for park and recreation purposes. purposes by the public (b). CXXXI II. That it shall be lawful for all such ward or sub- district school boards and central boai'ds of edu- cation, or of school controllers or directors in ^°.'' arrange for the several cities and boroughs of the Common- tioii of"same'* wealth, to make arrangements with the city or borough authorities for the enlargement, improvement, care and protection of the school grounds when used for park and recreation purposes by the public, and power is hereby conferred upon such city and borough authorities to make such expenditures as may he necessary to carry such arrangements into effect (c). CXXXn'. The said city, borough and school authorities are hereby empowered to make similar arrangements with corporations, societies, a.ssociations or in- ^^^ly leasf "r J- -J 1 1 ■ .. I • I i.1, -ii- permit use of dividuals having property which they are willing giounds. etc. to donate, lease or permit the use of for public park or recreation purposes, and said city and borough authorities are also empowered hereby to make all expenditures necessary to make such arrangements effective (d). (y) Act June 24, 1895, sec. I P. L. p. 245. (z) Act .June 24. ISO."), sec. 2, P. L. p. 24!'.. (a) Act .Tune 24. 1895, sec. o. P. L. p. 24.'.. (b) Act .Inne 20. 1895, sec. 1, P. L. p. ."..n. (c) Act June 20, 1895, sec. 2. P. L. ]>. ::ni . fd) Act June 26, 1895. see. .'1, P. I., p. :i:'.2. 62 SCHOOL LAWS AM) DECISIONS CXXX\'. Tliat all tlie lullowiug described buildings Avithiu this Commouwealtli, to wit: Every buildins I'.sed as a bunmn<'s'"to be seminary, college, academy, hospital, asylum or provided with liotcl for the accommodation of the public, every perraaueut safe storehouse, factory, manufactory or workshop of extcrnui fire cs- ^^ , ]~\j^({ \y^ which employes or operatives are usually employed at work in the third or any higher story, e^ery tenement house or buikling in which rooms or doors are usually let to lodges or families, every public hall or place of amusement, every parochial or public school building, when any of such buildings are three or more stories in height, shall be provided with a permanent, safe external Number and loca- jueans of escape therefi'om, in case of fire, in- iu?necl by size of dependent of all internal stairways the number building and and location of such escapes to be governed by number of in- the size of the building and the number of its ™**'^**- inmates, and arranged in such a way as to make Description of. them readily accessible, safe and adequate for the escape of said inmates (ej. CXXXA'l. That every person, corporation, tnistee, board of education, and board of school directors, neglect- fLfsa'f*^\o°' complv ^^^ ^^' ^'^^^^^^^S to comply with the requirements witli act declared of section one of this act, in erecting said fire ;i misdemeanor, escape or escapes, shall be liable to a fine not punisliabie by exceeding three hundred dollars, and also be ment^or 'bSh.^°°" deemed guilty of a misdemeanor punishable by imprisonment for not less than one month, or more than two months (f). CXXXVII. That on and after the first day of December, nine- teen hundred and seven, that it shall be unlawful for any board of school directors, within this Commonwealth, to Sanitation of use a common heating stove for the purjjose of Kcliooi rooms rel- lieating any school-room, unless every such stove venuiadon!^ "° shall be in part inclosed within a shield or jacket, made of galvanized iron or other suitable material, and of sufficient height and so placed as to protect all pupils, while seated at their desks, from direct rays of heat (g). CXXXVII I. Be it further enacted that every school-room in this Commonwealth shall be provided with ample means of ventila- tion, and that, when windows are the only moans in use, they shall be so constructed as to admit of ready adjustment, both at ) Act .Tuuo 22. 1897, sec. i. P. L. p. 181. (p) Act June 22, 1897, sec. 3, P. L. p. 181. (n) Act April S.T, 1901. sec. J P. I., p. 105 <■><; SCHOOL LAWS AND DECISIONS CXiAllL A township board of school directors, upon tho . . petition of a majority of the qualified electors Petition. representing or owning property to the amount of not less than one-fourth of the assessed valuation of such Q ♦ K township district, must submit such question to a submit'ted to ^'°^® °^ "^^^"^ qualified electors of such township electors. district, and if more votes are cast in favor of centralization than against it at such election, It shall then become the duty of the board of Outv of school school directors, and such board of school direc- boai-rt. tors is required, to proceed at once to the cen- tralization of the schools of the township, and if necessary purchase a site or sites and erect a suitable building or . buildinss thereon: Provided, That if at the said i-oviso. election more votes are cast against the proposi- tion for centralization than for it, the question shall not again be submitted to the electors of said township for a period of two years (r). CXLIX. All elections ordered by a board of school directors, in pursuance of section two of this act, shall Elections. ^ jjp jipjjj ^^ ^jjp xisual place or places of holding township elections at a regular election, and notice shall be given and the election conducted in all respects as provided by law for the election of township ofticers, and the ballots shall have „ ,, . printed thereon: For centralization — Yes; For Ballots centralization— No (s). CL. Should the board of school directors deem it necessary ™.„ ... to issue bonds to purchase a site or sites, or Tho issuing of . ■ -i i- i -i i- r n bonds. erect a building or buildings, for the purpose of such centralization, then the election shall be conducted as provided in section three of this act, but in such case tlie ballots shall also have printed thereon: For levying a tax to purchase site (or sites) and '''*"''*^- erect building (or buildings) for the centralization of schools, at a cost not to exceed $ Yes ; For levying a tax to purchase site (or sites and erect building (or buildings) for the centralization of schools, at a cost not to exceed $ No; and if more votes are cast in favor of levying said tax for said purpose than against said proposition at such election, it shall be the duty of the said board of school directors, and the (I) Act April 2o, TOOl, see. 2, P. T>. p. 105. is) Act April 2.-., 1001, sec. u. P. L. p. 105. OF PENNSYLVANIA. 67 board of school directors is authorized to issue bonds aud sell the same as provided by law, and to levy a special tax g ^jj, (^^ to provide for the payment of the same, together pj.^^jgj^ with interest thereon: Provided said levy shall not in any one year exceed five mills on the dollar valuation, and said bonds shall not bear more than five per centum interest, and shall not be sold at less than their face value (t). CLI. In a township in which proceedings have been had under the preceding sections of this act and the vote has been favor- able for centralization, the board of school directors are required to maintaiu and support a graded course of instruction, and may include a high school course of not less than ^ graded course two years: they arc also required to furnish trans- ^f lustructlon. ' portation to and from school to all pupils living more than three-fourths of a mile from the Tiansportatii.n central building, said distance to be measured »* pupiis. from the enclosure immediately surrounding theii residence to the school-house property, along the nearest public highway (u). CLII. This act shall take effect and be in force from and after the date of its "assage (v). That section five of an act, entitled "An act to provide for the centralization of township schools, and to provide high schools for townsuips,'" which reads as follows: CLIII. 'In a township in which proceedings have been held under tue preceding sections of this act aud the vote has been favorable for centralization, the Section 5 of the hoard of school directors are required to main- 1901 clte'd for""' tain and support a graded course of instruction ameu'dment. aud may include a high school course of not less than two years : they are also required to furnish transportation to and from school 'to all pupils living more than three-fourths of a mile from the central building said distance to be measured from the enclosure immediately surrounding their residence to the school-house property, along the nearest public highway," be and the same is hereby amended to read as follows (w). CLIV. In a township in which proceedings have been had under the preceding sections of this act and the vote has been favorable for centralization, the board of school directors are required to maintain and support a graded '^f fnstructio°n course of instruction, and may include a high It) Act April 25. 1901, sec. -i . V. L. p. 106. (U) Act April 25, 1901. sec. ."> 1'. L. p. 106 (v) Act April 25 1901, sec. 6, P. L. p. 106 (w) Act .Tune 26, 1901, sec. 1. P. L. p. 600. tf» SCHOOL LAWS AND DECISIONS school course of not less than two years ; they of^pupna"""" ^''^' ^'^"^ required to furnish transportation to and from school to all pupils living- more than three-fourths of a mile from the central building, said distance 10 be measured from the enclosure immediately surrounding' their residence to the school-house property, along the nearest public highway: Provided, That no school shall be abol- Proviso. ished or discontinued in any sub-district where, on account of the geography of the district, it is impracticable for the pupils to be conveyed to the school established at the point of centralization (x». CLV. For the purpose of erecting school-houses or purchasing ground whereon to erect school-houses it shall When districts be lawful for the directors or controllers of any may contract district to borrow money at a rate of interest not loans. exceeding six per centum, and issue bonds there- for in sums of not less than one hundred dollars each (y). CLVI. That any county, city, borough, school district or other municipality or incorporated district, may incur debt, or increase its indebetdness to an amount in the aggregate not exceeding two per centum upon the assessed value of the taxable property therein, as fixed and determined by the last preceding assessed valuation thereof ; and the corporate authorities of such municipality may by a vote thereof, duly recorded, upon its minutes, authorize and direct the incurring or the increase of such debt to May issue bonds, j^jjg amount aforesaid, and may issue coupon bonds or other securities therefor in sums not less than one hundred dollars each, bearing interest at a rate not exceeding six per centum, payable semi-annually, and the principal thereof reimburs- able at a periou not exceeding thirty years from the date at which the same is authorized (zi. CLVII. Whenever, by the returns of such election, it shall ap- pear that there is a majority voting for "no in- Beturns of eiec- ^y^.y^-Q of debt," such increase shall not be made, nor shall any other election upon the same subject be held in that municipality for one year from the date of such preceding election. If the returns of such election shall show a majority voting that "debt may be increased." the corporate au- thorities of the municipality may increase the same to the amount named anfl specified in the notice given by May issue bonds, them for the holding of such election, in the manner and subject to all of the requirements pro- vided . the second section of this act for increasing indebtedness (x) Act June 26, 1901, sec. «, P. L. p. 600, amended, (y) Act May 8, 1854, sec. 2-!, P. L. p. 621. fz) Act April 20. 1874. sec. _', P. L. p. «5. OF PENNSYLVANIA. 39 to an amount not exceeding two per centum, including the sworn statement, to be filed in the office of the clerk of the court of quarter sessions of the proper county ; and they shall, before issu- ing any obligation therefor, assess and levy an annual tax, the collection whereof shall commence the first year after the said increase, which tax shall be equal to at least eight per centum of the amount of such increased debt, and which shall be sufficient for and be applied exclusively to the payment of the interest and the principal of such debt, within a period not exceeding thirty years from tiie date of such increase ; and the moneys arising from such tax shall be applied annually, and as fast as the same accumulates, to the redemption, at par. of the said outstanding obligations (aj. CLVlll. The word "indebtedness," used in this act, shall be ueemed, held and taken to include all and all Meaning of in- manner of debt, as well floating as funded, of debtedness. the said municipality ; and the net amount of such indebtedness shall be ascertained by deducting from the gross amount thereof, the moneys m the treasurj', all outstanding solvent debts, and all revenues applicable within one year to the payment of the same (b). Ci>lX. The corporate authorities of every such municipality or district shall annually, in the month of January, nrepaie aad publish in at least two newspapers of j^",*', publish de- said municipality, or of the county in which the ^f' ludebtedneas same is situate, if so many be printed therein, a statement showing in detail the actual indebtedness, the amount 0^ the funded debt, the amount of the floating debt thereof, the valuation of taxable property therein, the assets of the corpora- tion, with the character and nature thereof, and the date of maturity of the respective forms of funded debt thereof, and a neglect or failure so to do shai. be a misdemeanor, punishable by line not exceeding one thousand dollars (c). CLX. The indebtedness of any county, city, borough, town- ship, scuool district or other municipality or incor- liow debt may porate- districts in this Commonwealth, may be '"' increased, authorized to be increased to an amount exceeding two per centum and not exceeding seven per centum, upon the last preceding assesses valuation of tiie taxable property therein with the assent of the electors thereof, iluly obtained at a public election to be held in the said district or municipality. Whenever the corporate au- tuorities of any county, city, borough, township, school or other (;t) .\ot Apiil 20, 1874, sec. 4, P. L. p. 67. (b) Act April 20, 1874, sec. 5 P. L. p. 68. (c) Act April 20. 1874. eec. 6 P. L. p. 68. 70 SC'HOOL LAWS AXI> DECISIONS miuiioipality or incorporated district, by their ordinance or Aote shall have signified a desire to make such in- ■\ ote of citizens, crease of indebtedness, they shall give notice, during at least thirty days, by weekly advertisements in the newspapers, not exceeding three in said districts ; and if no newspapers be published therein, by at least twenty printed hand bills posted in the most public parts thereof, of an election to be held at the place or places of holding the municipal elec- tions in said district or municipality, on a day to be by them fixed, for the purpose of obtaining the assent of the electors thereof to such an increase of indebtedness (d). In regard to the refunding and redemption of existing indebted- ness, see act ot May 8. 1876, P. L. page 128. CLXI. -L'hat in any cases where any school district or school directors of any such district, in this Common- redeemed"'^ wealth has, by virtue of any law or any general or special act of Assembly of this Commonwealth, issued bonds, either with or without interest coupons attached, certificates or any other evidence of indebtedness, to secure any indebtedness of any such school districts, it shall be lawful for thf" school directors, or proper officers of any such school districts to redeem any or all of the bonds, certificates or any other evidence of indebtedness so issued as aforesaid, before or after the maturity thereof, with the consent of the holders thereof, and for the pur- pose of redeeming or paying any such bonds, certificates or other evidences of indebtedness, to issue new bonds therefor, payable at any time not exceeding twenty years after the date thereof, at the same or any lower rate of interest, with or without interest coupons attached, and not exceeding in the aggregate amount the amount of the bonds, certificates or other evidences of indebt- edness so redeemed or paid (e). CLXII. Whenever, by the returns of such election, it shall ap- pear that there is a majority voting for "no in- Mt^be'^inJrelsed ^'^'ease of debt," such increase .shall not bo made. Nor shall any other election upon the same sub- ject be held in that municipality for one year from the date of such preceding election. If the return of such election shall show- er majority voting that "debt may be increased." the corporate au- thorities of the municipality may increase the same to the nmount When and to named and specified in the notice given for the what amout holding of such election for increasing indebted- debt may be ness, to an amount not exceeding two per centum, S\voru state- including the sworn statement to be filed in the ment. office of the court of quarter sessions of the proper (d) Act June 9, 1891, sec. ;j, P. L. p. 254. (e) Act May 10, 18S1, sec. I. P. L. p. 16. OF I'i;.\.\SVI.\AXIA. 71 county; and they shall, bel'ore issuing iiuy obligations therefoi'. assess and levy an annual tax, the coUi'ction whereof shall commence the first year after the se^ssed "'^ saiu increase, which tax; shall be equal to and sufficient for and applietl exclusively to the pay Amount of appii- ment of tne interest ami the principal of such ^^'ition of tax. debt within a period not exceeding thirty years from the date of such increase; and the moneys arisius from such tax shall be applied, at such periods as the municipality may stipulate in such obligations, to the redemption, at par,' r ^ " *• at the sain outstanding obligation according oblig^tkm"" to their terms (f). C'liXIII. That any county, city, borough, school district i'')t tiiuai to amount in the aggregate not exceeding two per *"" P^-i' centum centum upon the assesed value of the taxable ^^7 bT rncurl'e.i property therein, as fixed and determined by the last preceding assessed valuation thereof; and the corporate authorities of such municipality may, by a vote thereof duly recorded upon its minutes, authorize and direct the incurring or the increase of such debt to the Authorities may amount aforesaid, and may issue coupon bonds of"^®same and'Ts- or other securities therefor in sums not less sue securities than one hundred dollars each, bearing interest tlierefor at a rate not exceeding six per centum per annum, payable semi-annually, and the principal thereof "|mbur'','a'"ie^'*' re-imbursable at a period not exceeding thirty years from the date at which the same is authorized, and an annual tax commencing the first year after such ™ \. , , debt shall be increased or incurred sufficient for '"'' '" ^^ '^^'^''■ the paj'ment of the interest thereon, and the How money to principal of such debt within a period not ex- ''^' appMe.i. ceeding thirty years from the date of such increase shall be forth- with assessed. Before issuing any such obligation of security, it shall be the duty of the principal oflicer or officers of such muni- cipality or incorporated district to prepare a statement, showing the actual indebtedness of such district, the amount of the last preceding assessed valuation Statement to be of the taxable property therein, the amount of debt to be incurred, the form, number and date of maturity of the obligations to be issued there- Sa'lement''* for. and he shall make and append thereto his oath " or affirmation of the truth of the facts therein „. . stated, and shall tile the said statement in the fl^^^^'Z office of the clerk of the court of quarter sessions (f) Act April 18, ISO.T, sec. I. 1'. L. p. 37 6 TJ. SCHOOL LAWS AND DECISIONS of the proper couuty; upon the failure so to do, he shall be Penalty for neg- guilty of a misdemeanor, and on conviction thereof lect. shall be punished as provided in the first section Certified copies of this act. Certified copies of the record of such of btatemeut to statement under the seal of the said court shall be be evidence. competent evidence in all the courts of this Com- Proviso. monwealth: Provided, That the bonds shall not be sold at less than their par value (g). CLXIV. That all bonds or other obligations of any county, city, boi'ough. township, school district or other muni- Bonds Is?"^^^ by (-ipality or incorporated district within this Com- etc°'*^wi'tb con- monwealth. issued with the consent of the electors sent thereof, In of such county, city, borough, township, school dis- excess of 2 per trict, or other municipality or incorporated dis- vaU^d'^etc"*'*^ trict. in conformity with the requirements of the Exceptions. law, except that the same have been issued since the eighteenth day of April. Anno Domini one thousand eight hundred and ninety five, in amounts in excess of two per centum of such last assessed valuation, be and the same are hereby made valid legal obligations of the respective county, city, borough, township, school district, or other municipality or incorporated aistrict, which has issued the same, and that the said resoective county, city, borough, township, school district or other municipality or incorporated district shall be and is bound for the payment in full of said bonds or other obligations according to the tenor thereof (h). CLXV. That whenever any school district in any borough or township of this Commonwealth shall have here- indebtedness tofore created an indebtedness for a lawful pur- by'^s^ciiooi dis- Po^<^ by action of the legal and proper officers tricts without thereof, such indebtedness being within the con- ussent of elec- stitutional limit of seven per centum and in excess of two per centum of the last assessed valuation of such school district, and not having first obtained the assent of the electors thereof in favor of increasing such indebtedness as provided by law, it shall be law- May now sub- fnl for the proper officers of such school district TOUdating'such ^^ Cause to be submitted to the electors of such Indebtedness. district the question of validating and giving bind- ing force to such indebtedness theretofore at- tempted to be created (i). CLXVI. The corporate authorities of any such school district (g) Act April 13, 1897, sec. 2, P. L. p. 17, amended, (h) Act May 19, 1897, sec. 1, P. L. p. 76. (i) Act June 10. 1897. sec. 1 P L. p 139. OF PENNSYLVANIA. 73 luay. by resolution, signify tlieir desire to vali- Duties of corpo- uate and give binding force to such indebted- '^'^^^ authorities, ness, whereupon it shall be their duty to give notice during at least thirty days by weekly ad- "e°Vveu vertisements in the newspapers, not exceeding three in said district; and if no newspaper be published therein, by at least twenty printed handbills posted in the most public parts thereof, of an election to be held at the place or places of Holding the municipal elections, in which such school district may be, on a day to be by them fixed, for the purpose of obtain- ing the assent of the electors thereof to the making valid and giving binding force to such increase of indebtedness. Said notice shall contain a statement of the amount of the last assessed valuation, of the amount of the ex- S^*^°" ''^ """ isting deot, of the amount and percentage of the increase proposed to be made valid and of the purposes for which the indebtedness was created and the money used. Time and place Such election shall be held at the place and timt of holding eiec- sarae regulations, as pi'ovided by law for the hold- *i<^°- ing of municipal elections, and it shall be the duty of the inspec- tors and judges of such election to receive tickets. either written or printed, from electors qualified Duty of judges under the Constitution of this State to vote in and inspeciois. such district, labelled on the outside "increased p^j.^^ „f (ickets debt," and containing in the inside the words "in favor of debt as already increased," or "against debt as increased," and to deposit said tickets in a box provided for that purpose as is provided by law in regard to other tickets received at said election ; and the tickets so re- ceived shall be counted and return thereof made to the clerk of the quarter sessions of the proper ticuetraud re- county, duly certified, as is required by law. turns. together with a certified copy of the resolution and the advertisement; and the sn'd clerk shall make record of the same and furnish a certified copy thereof, under seal, showing the result, to the corporate ^^^^^ ^^ ^^^^.^ authorities of said school district, and the same of court of quar- shall be placed on record upon the minutes ter sessions, thereof. The corporate authorities of such school district shall in all cases fix the time of holding such election on the day of the municipal or of the general Election to be election, unless more than ninety days lapse be- held upon re^u- tween the date of the resolution or vote desiring la"" election such increase and the day of holding the said ^^^' municipal or general election. If any other day Exceptions, be fixed for such election the expenses of hold- Expenses of spc ing the same shall be paid by the school district ^iai election 74 SCHOOL LAW'S AM) DLfMSIONS for the benefit of which it shall be held, lu receiving and count- ing and in making return of the votes cast, the inspectors, judges and clerks of said election shall be governed by ^b^'f/'"^ ^^•''^^ ^^^ laws of this Commonwealth regulating the these ele^Tious municipal elections, and the vote shall be counted by the court ^s is now provided by the general Pennities of laws governing municipal elections ; and all the law's' ex'temie"l to PPiifi'ties of said election laws for the violation this act. ^ ^ " thei'eof are hereby extended to and shall apply to the voters, inspectors, .judges and clerks voting at and in attendance upon the elections held under the provisions of this act (j). CLXVIL Whenever by the returns of such election, it shall appear that a majority of the votes cast is in i.ecome valid ^^vor of making valid the increased debt, such debt shall thereupon become valid and of bind- ing force, but the proper authorities in said school district .shall, before issuing any obligation therefor, assess and levy an annual tax. which tax shall be equal to at w^v^oT^'ax ''"*^ least eight per centum of the amount of such increased debt, and which shall be sufficient for and be applied exclusively to the payment of the interest and the principal of such debt within a period not ex- Appiicaiion of ceeding thirty years from the date of such in- of^debt. '"'^"'''" crease, and the moneys arising from such tax shall be applied annuall.v, as far as the same may accumulate, to the redemption at par of the said outstanding obligations (k), CLXVIIL They shall exercise a general supervision over all the schools of their respective districts, and shall To visit mouthiy. by One or more of their nurabex", visit every school in the district at least once in each month, and shall cause the result of such visit to be entered on the minutes of the board (1). CLXIX. That from and after the iiassage of this act, the salary of common school-teachers, in districts of this Commonwealth re- ceiving State appropriation, shall be no less than Minimum salary jjfjy ^iollars per mouth in all cases where the of school teach- ^ivu r-i j. i erg. teacher holds a professional, permanent, or normal school certificate, and has had two years' practice, and presents a certificate of proficiency in said practice, for said time, from the superintendent in charge of said teacher (m). CLXX. That the minimum salary shall be forty dollars for all (.1) Act June 10, 1S97, sec. 2, P. L,. p. 140. (k) Act June 10. ls!)7. sec. :>. P. L. p. 141. (1) Act May 8, 1854, sec. 2.'), P. L. p. 622. (m) Act May 31, 1907, sec. J P. L. p. 336. OF FENXSYi.. A\IA. 75 teachers holding certificates of less grade than required under section one of this act. And that the State shall pay the amount of increase in all salaries that are provided for under this act, and over the amount of salary paid in each school district in this Com- monwealth in one thousand nine hundred and six, and said in- crease shall be paid out of the increased appropi-iation for the common schools (n). CLXXI. The president and secretary of school districts, where the prescribed salary is greater than that paid for the school year beginning June, one thousand nine hundred and six, shall certify under oath to the State Superintendent (-ertiflcate to of Public Instruction, on blanks prepared by him, superintendent the number of teachers, with the salary paid to of Public in- each, in one thousand nine hundred and six ; the stniction. number of teachers, with the salary paid to each, for the year for which the report is made : also the number of months in the school term for said year. In order that any district may par- ticipate in this additional appropriation its report must be filed in the Department of Public In- ^''""^s leport. struction, on or before the first Monday of October, one thou- sand nine hundred and seven, and at the same time annually thereafter. The total amount payable to all the school districts in the State, on account of the increase of teachers' salaries as provided for in this act, shall first be deducted from the total annual school appropriation, and the balance of said appropriation shall be apportioned and dis- Apportionment tributed among the several schqol districts, as and distribution provided for under existing laws. The State of appropriation. Superintendent of Public Instruction shall, at the usual time of paying the regular appropriation, pay to those districts, from the annual school appropriation, an excess equal to the difference between the salaries of the teachers for the school-year one thousand nine hundred and six and the minimum salaries prescribed by this act (o). CLXXII. This act shall take effect the tirst ^^t to tai^e of June, one thousand nine hundred and seven effect. (P). 1. Every school district of this Commonwealth failing to com- ply with the requirements of this act. shall forfeit its State ap- propriation for the whole time during which this act has been violated. CLXXIIl. They shall have the appointment of all the teachers (n) Act M.-iy 31, 1907. sec. 2. P. L. p. 336. (o) Act May Hi, 1907. sec. :,, P. L. p. 237. {p) Act May 31. 1907. sec. 1, p. L. p. 33T. 76 SCHOOL LAWS AND DECISIONS of common schools in the district, fix the amount (llsra'iss'"'\eachcr8 '^^ teachers' salaries, and may dismiss them at and flx salary. ^^y time for incompetency, crueltj', negligence or immorality (q). CLXXIV. That hereafter it shall be lawful for the board of School directors school directors or school controllers in any may employ common school district in this Commonwealth. Iio^rapify and ^^ employ teachers of stenography and type- typewriting, writing, without requiring the person emploj'ed Teacher's certifl ^°'' ^l**** purpose to have a teacher's certifi- cate not re 9^^^ ^^'^™ the county, city or borough super- qiiired. intendent of public instruction, as now required Sliall not te.tcb 'jy 'aw : but no such person shall be permitted iiiiy other to teach any other branch than those herein ex- '"■*'"<^'^- pressly named, and no such employment shall be permitted until it shall have been approved in writing by Such erapio.\-ment the county, city or borough superintendent, as ninst be approv- the case may be, and shall have been sub- mitted to and opproved in writing bv the State Superintendent of P>d)lic Instruction (r). CLXXV. That on and after the passage of this act, local school Teifher. p. 822. (r) Act June 23, 1897, sec. i, V. L. p. 193. (s) Act .Time i'."), 1885. sec. \, V. L. p. 17.S (t) Act .Tune 37. 189.1. sp<-. i, p r,. p, :if>r> OF PENNSYLVANIA. 77 CLXXv^II. That iu case of violation of the provisions of the first section of tliis act by any teacher em- ployed in any of the public schools of this Com- J.*,^Jj*'t|J,Q* '^'" ^ijjg monvvealth, notice of which having been pre- ^^.^ viously given to the school board employing such teacher that it shall be the duty of such school board to permanently suspend each teacher for employing in such school for the term of one year, and in case of a second offense by the same teacher it shall be the duty of said school board to per- manently disqualify such teacher from teaching in said school, and any public school director failing to comply with the pro- visions of this act shall be guilty of a misdemeanor and shall be punishable, upon conviction of the first offense, by a fine not exceeding one hundred dollars, and in case of a second con- viction for the violation of the provisions of this act, the offend- ing school directors shall be punished by a fine not exceeding one hundred dollars and shall be deprived of his or her office as a public school director. A person thus twice convicted shall not be eligible to appointment or election as a director of any public school in this State Avithin period of five years from the date of his or her second conviction (u). 95. The law gives to the directors the power to elect principals and a.ssistant teachers holding the higher grades of certificates for two or three years, as the case may be. The election and employ- ment of teachers, the wages to be paid, the length of the annual school term agreed upon and the rate of taxation for school and building purposes are matters to be determined by the new board after its organization in June. 9(3. No teacher should be employed without a printed or written agreement. Innumerable difficulties spring from the neglect of this measure. 97. The certificate is a safe guide in selecting teachers in regard to professional standing, and the grading of the salaries in propor- tion to the figures in the certificate is a wise and beneficial rule. The simple rule of accepting those with the best certificate — moral character being right — will soon exclude the incompetent and ren- der the task of selection easy. 98. The employment of a teacher without a valid certificate is illegal, for the law says elsewhere, "no teacher shall be employed in teaching any branch of learning other than those enuumerated in his or her certificate." 99. Family, political or church influence should never be per- mitted to swerve a director from the line of duty, in the selection of teachers. These have often been the bane of the exercise of the office in this its highest function. 100. The jurisdiction and authority of the teacher over the fii) Act June 27. 1895. sec. 2, P. J^. p. 335. 7S SCHOOL LAWS AND DECISIONS pupils are neither limited by the school house walls, nor to the time the school is actually in session. As a general rule, in all matters legitimately connected with the schools and the manners and morals of the scholars, the teacher's jurisdiction, conjointly with that of the parent, commences when pupils leave the parent's roof and control to go to school, and continue until their return from school. The teacher, however, is not responsible for the mis- conduct of pupils on the way to and from school, though he has the right to punish for such misconduct, when brought to his knowledge. 101. The teacher is to bestow equal and impartial attention on all children placed under his charge; to be undeviating in adher- ence to a firm, uniform and moderate system of discipline, and to pay most especial regard to the moi'als. habits and general be- havior, as well as mental instruction of his pupils and their parents or guardians should be sacredly respected, sectarian instruction not Being the province of the school teacher, but of the parent or guardian, and the spiritual teacher selected by him. 102. The teacher should govern his school by appeals to the reason and better feelings of his pupils if possible. But a teacher in the common schools stands in the place of a parent to a pupil, and may administer correction to him under the same restrictions as in the case of a parent. 103. The right of a teacher to inflict such punishment is founded upon the necessity of the case and not upon statute. It is absolutely necessary that good order should be maintained in the schools, and that all proper rules, regulations and com- mands of the teacher should bi' strictly and promptly obeyed. Hence a necessity exists for sufllcient power to enforce this duty, and therefore it is held that the teacher may inflict such reasonable corporal punishment upon the pupil as the parent might inflict for a similar cause. It becomes the duty of directors, therefore, to sustain the teacher in their efforts to preserve order and maintain discipline in the school. 104. The removal of teachers is in all cases to be very cau- iiously effected. The law specifies the causes for dismissal; and it is alike due to the dignity of the board and the rights of teachers that no one sjiould be displaced except on the clearest proof and after thorough investigation, if necessary. A teacher wronged in this respect can seek redress by a suit against the board for dam- ages. 105. Dismissal of a teacher is of two kinds : from employment by the directors, and from the profession by the county super- intendent. 106. If charges of incompetency, cruelty, negligence or im- morality be made against the teacher, a hearing should lake place and a full investigation in the presence of the tPftchev OF PENNSYLVANIA. 79 be granted, with reasonable notice to prepare for his defense, and the result be entered on the uiinutes. CLXXVIII. That it shall be the duty of every teacher em- ployed under the provisions of this act to make out and file -with the board of directors or con- Teachers to trollers of the district, at the end of each month report."""" a reoort settin,? forth the whole number of pupils attemling- school durius' the month, designating whether male or female, the number of days each attended, the books used and the branches taught ; and until such reports shall have been made it shall not be lawful for the board of directors to pay said teacher for his or her services. The reports made in pur- suance of the foregoing provision shall be reg- ularly filed by the secretary of the board of di- ^°,j' '''/',',!' uub'iic rectors or controllers, and shall at all times be iuspoction. subject to the inspection of any citizen of the dis- trict (v). 107. The monthly report books have been improved from time to time, and they are now believed to embrace all that is neces- sary. Unless they are properly and regularly kept it will be impossible to obtain and furnish that statistical view of the schools so necessary to their own improvement and the public information. CLXXIX. They shall direct what branches of learning shall be taught in each school, and what books shall be used, agreeaolv to the provisions of the twen- '^o direct studies ty-fifth and thirty-eighth sections of this act, f-",- mfs?condu?t. " and may suspend and expel from the school all pupils found guilty, on full examination and hearing of refractory or incorrigibly bad conduct (w). 108. The branches of orthography, reading, writing, arith- metic, geography, grammar. United States history and physi- ology and nygiene are peremptorily required to be taught in every district. In addition to these the law elsewhere permits and enjoins provisions for instruction in "such other branches as the board of directors or controllers may require." The in- troduction of other branches into the schools is optional with school boards. CLXXX. That immediately after the annual election of teach- ers in each school district of the State, and before the opening of the schools for the en- Series of school , '^., 1 11 u i- e ii nooks, when aud sumg term, there shall be a meeting of the i|„„. selected. directors or controllers and teachers of each dis- trict : at which meeting the directors or controllers shall decide upon a series of school books, in the different branches to be (v) Act Miiv 8. 1854, sec. 27. P. I-. p. 62.3. (\v( .\ct May 8. 1854, sec. 2:). P. I,, p. 622. !SU SCHUUI. LAWS AND DIJCISIUNS taught during the ensuing year; which books. ase^ '" ^"^1 °*^ other, shall be used in the schools of the district during said period (x). CLXXXI. That school directors or controllers shall purchase text books and other necessary school supplies and^suppUea'"'''^* ^^^ ^^^ ^° ^^^ public schools of their respective school districts as such new text books and sup- plies are required, in addition to those at present in use in the hands of pupils, or owned by the school districts, out of the school fund of the district, and when so procured the necessary books and school supplies shall be furnished free of cost for use in the schools of said district, subject to the orders of the directors or controllers thereof, whose duty it shall be to provide for the return of anu for the safe keeping and care of the books, which shall be returned at the close of the annual school term in each .year, or as the board may direct (y). CLXXXI I. That the board shall keep an ac- keen"' senate ac- ^'0^°*- ^^ •''' moneys expended under the above counts. section and report it under separate item in an- nual financial accounts as authorized by law (z). CLXXXIII. That school directors or controllers shall purchase text books and other necessary school supplies shaiT' purchase "^^ ^^^ ^^'^ '° *-^^^ public schools of their respective text books, etc. school districts, out of the school fund of the district, and when so procured the necessary ftirn^ished'^'fre'e^ books and school supplies shall be furnished free of cost for use in the schools of said district, subject to the orders of the directors or controllers thereof, whose duty it shall be to provide for the re- Return of oooks. ^yru Qf and for the safe keeping and care of the books which shall be returned at the close of the annual school term in each year or as the board may direct. The board shall allow each child who wishes to attend use''o?°b(K)'ks^for ^ '"^^ ^^ select school, any time during vacation, pay school tlur- between regular school terms, the use of the ing vacation. books furnished him or her for that purpose: n ifl fi f Provided further. That the teacher of said school teacher ' ^r schools shall possess a valid certificate issued by a superintendent of public schools: Provided, Duty of directors however. That the school directors or controllers books^^ return of shall make such regulation for the care and return of said books as they may deem necesasry, and it shall be their duty to see that said book shall be used only (x) Act May 8, 1854, sec. ::5, P. L. p. 623. (y) Act May 18, 1893, see. 1, P. L. p. 93. (Z) Act June 25, 1885, sec. I!, P. L. p. 173. OF I'i:\XSYl.\ AMA. SI when the pay school is held ia city, borough or district school house (a). 109. It is now the imperative duty of the several boards of directors and controllers to make urovision for furnishing and equipping their schools in n!i gradfS with the necessary school books and with the supplies generally needed by the pupils for daily use in the schools, such as slates, pencils, papers, pens, inks, tablets, etc. 110. The only limit to the course of insMurtion in a common school is that sft l)y the wants of the pupils ami the discretion of the board. The higher branches of learnmg should not, however, he introduced, either in mixed schools, or in those of grades established for the purpose, till full provision has been made for the instruction, in the rudimental branches above named, of all who need them. 111. Suspension is the .separation of the pupil for a limited time from the school, and it may be either for bad conduct, for absence, or as a sanitary measure. 112. A teacher may suspend a pupil until the board can be called together to act upon the matter; but suspension for a definite time, as a punishment, can only be inflicted by the board, say for a month or the remainder of the term ; and is only to take place after full examination and hearing, a note of which is to be put on the minutes of the board. CLXXXIV. That hereafter the board of directors of any dis- trict, the controllers in cities and boroughs, or any school superintendent, shall not order or f^°^^ T^m^e i direct, or make any change in the school books three years!^ " or series of text books used in any school under his or their superintendence, direction, or control, more than once in every -^riod of three years; and any laws or parts of laws inconsistent herewith, be and the same are hereby re- pealed (b). CJiXXXV. Any school director, controller, or superintendent, who shall violate the provisions of this act, shall oe deemed guilty of a misdemeanor, and upon ^\°on* of °l^J ° conviction thereof shall be sentenced by the court to pay a tine, not exceeding two hundred dollars, and that he be deprived of his office (c). 113. The power of selecting the books to be used by the pupils IS left by law exclusively in the hands of the directors, with that of prescribing the branches to be pursued in the schools. But consultation with teachers on the text-books to be used is a legal requirement. 114. The addition of a new wo'k on some branch introduced after the a nnual meeting prescribed, is legal ; o therwise it would (a) Act June 7, 1897, sec. i, P7X~p7Tsr ~ fh) Act May 26, 1871, sec. 1, P. L. p. 280. (c) Act May 26. 1S71, sop. ?. V T, p ?ecific on this point, and the penalties f(jr its viola- tion severe. Any person holding a commission as superintendent of schools cannot legally become an agent for any sale of school books or snnnlies of any kind for the use of the schools, or have a pecuniary interest in the sale of the same in his own dis- trict or elsewhere within this Commonwealth. CijXXXVIII. The directors and controllers of the respective districts shall have power to establish schools schooi^^ ''^ different grades, and to determine into which school each pupil shall be admitted (f). 119. The duty of grading the schools is as obligatory upon directors, in districts admitting of this arrangement, as it is to (d) Act May 8, 18.54, sec. :: J, P. L. p. 623. (e) Act Mav 11. 1862, sec. 17. P. L. p. 475. If) .\et May s, 18.54. sec. iri. 1*. L. p. 622. OF PENNSYLVANIA. 83 establish them in sufficient nnmliers to eilucate all of proper age, who may apply. 120. In towns and densel\- populated school districts the grad- ing of the schools not only secures the better and more speedy instruction of the pupils, and. if properly arranged, decreases the expenses of the district in proportion to the amount of in- struction imoarted, but it elevates the common school plan of education l)y enabling it to impart all the instruction the pupil requires, until, such time as he is of proper age to leave home in pursuit of higher attainments. Ungraded common schools are imperfect, and should only be tolerated while the circumstances of the district render grading impossible. 121. 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 some- where between the hours of 8 A. M. and five P. M., but this custom may be departed from, at the discretion of the directors, and to suit the wants of the pupils. CLXXA.IX. They shall pay all necessary expenses of the schools by drafts on the district treasurer, signed by the president, and attested by the secretary el^enses"'''^'^'^^'"^'^ of the board, the same being entered on the minutes (g). 122. Every order on the district treasurer, to be strictly legal, should be authorized to be issued by a vote of the board in meeting, express on its face the purposes for which it was issued, and be signed by the president, and attested by the Secretary. 123. Directors may legally pay for stationery, advertising for teachers, printing blank ordei's. articles of agreement, etc.. out of the funds of the district. Also, all postage upon otEeial usiness. 124. If the teacher's salary be not paid when due and de- manded, it will be on interest against the district from the date of demand. CXC. That it shall be the duty of each board of school di- rectors in the several school districts of this Commonwealth, annually at the close of the statements to be school year, to place in the hands of the proper ,m"ors """ auditors, a full certified statement, itemized, of their receipts anu expenditures for the past year, including the assets and liabilities of the district of all kinds, with all books, papers and vouchers relating to the snrae. to be by said au- ditors examined, and if found to lie r-orrect. approved ; such statement to be spread upon the minutes of the board of di- rectors, and in a condensed, hut fully classmed form., published by said board in not less than P"'hiicatlon. (g) Art May 8, 1854, sec. -'». P. L. p. 622. ' 84 SCHOOL LAWS AXJ» DECISIONS ten written or printed handbills, to be put up in the most public place in the district, or, if deemed preferable, in two newspapers of the county in which the district is situated having the largest circulation among the citizens interested ; and for any neglect or failure to perform the duties enjoined by this act the officers named therein shall be deemed guilty of a misdemeanor, punishable by a fine not exceedmg three hundred dollars, to' be paiu into the school fund of the district in which the offense shall have been committed (h). CXCL That the publication of the accounts of school boards herein nrovided for, shall be in lieu of all other ^*^P®*^- publications of said accounts now required by law ; and all acts or parts of acts inconsistent herewith be and they are hereby repealed: Provided, That the provisions of this act shall not extend to cities of the first class (i). 125. In preparing the annual statement for publication, minute detail of all the items need not be given. This would render it uselessly troublesome to prepare and expensive to publish. Such general results and classified items as will enable the citizens of the district to fully comprehend the proceedings of the board, are all that the law requires. The statistics of the schools — Such as the number of pupils, number in actual attendance, etc. — may be added if the board think proper, but the law does not require it. CXCII. That hereafter it shall be unlawful for any school director, superintendent or teacher to make any tion/**^^ aistinc- [Jistinction whatever, on account of, or by reason of the race or color of any pupil or scholar who may be in attendance upon, or seeking admission to, any public or common school, maintained wholly or in part under the school laws of the Commonwealth (j). OXCIII. That the twenty-fourth section of an act of Assem- bly, approved the eighth day of May, Anno Domini one thou- sand eight hundred and fifty-four, entitled "An act for the regulation and continuance of a system of education by com- mon schools.' which section is as follows: "That the directors or controllers of the several districts of the State are hereby authorized and required to establish within their respective dis- tricts, separate schools for the tuition of negro or mulatto chil- aren, whenever such schools can be so located as to accommo- date twenty or more pupils ; and whenever such separate schools shall be established, and kept open four months in any year, the director.s or controllers shall not be compelled to admit such pupils into any other schools of the district: Provided. That in cities or boroughs, the board of controllers shall pro- (h) Act May 8, 1870, sec. 1, P. L. p. 91. ~ (1) Act May 8, 1876, sec. 2 P. I., p. »•-'. (J) Act June 8. 1881, sec. J, P. L. p. 76. OB' PENNSYLVANIA. S5 vide for such schools, out of the general funds assessed and collected by uniform taxation for educational purposes," be and the same is hereby repealed (k). Repeal. CXCIV. Each board of directors and controllers shall an- nually, on or before the first Monday in June, ann„.i rt- make a report to the county superintendent, set- p,,,.r to county ting forth the number and situation of the superintenaent. schools in their district ; the character of the teacncrs, designating whether male or female; the number and sex of the scholars admitted during the year; the number of months in the year during which each school shall have been open ; the amount of school tax levied and collected ; the cost of school houses, either for building, renting or repairing, and all other expenses which may have been incurred in main- taining the school for their districts, together with such other information as may be beneficial to forming a just estimate of the operation of the school system (1). 12G. A district failing altogether to forward its annual report for any school year will forfeit its share of State appropriation for that school year. CXCV. Tnat as soon as the schools of any district shall have closed for the school year, commencing on the first Monday of June preceding, the presi- yjut *" of "boJi-ibf.'" dent of the board of directors or controllers shall certify under oath or affirmation, as to the whole number of months the schools in their respective districts, have been kept open and in operation, according to law ; also that no teacher has been employed for or had charge of any of the schools of said district during the year, who had not a valid certificate from the county superintendent, together with the name and postofiice address of the district treasurer, and shall forward the same to the county superintendent, who shall im- mediatelv approve said certificate, if found to he correct and transmit it to the State Super- tuperintenaenfs intendent of Common Schools ; if it shall ap- pear by said certificate, that the schools of the district have been kept open and in operation, according to law at least four months subsequent to the first Monday in June preceding, and that no teacher has had charge of any of the schools of the dis- trict Uuring the whole time they have been kept open during the year, who had not a ^alid certificate from the county superin- tendent, the State Superintendent shall draw his warrant upon the State Treasurer for the whole amount which said district is entitled to receive from the annual gtate'"aDDroDrla- ^tate nppiopriation: Provided, That the board tjon. of dire'torx or controllers shall, at the same t ime (k) Ail June 8, 1881, see. 2. P. L. p. 76. (1) Ac, May 8, 1854, sec. ~?,. P. L. p. 622, SH ScnOOI. LAWS AND DECISIONS forward to tne county superintendent a report of the condition of the schools, in their respective districts, as directed in the twenty-third section of the act of May eightli, cue thousand eight hundred and fifty four: And provided further. That said certificate and report shall have been transmitted to the Superintendent of Common Schools on or before the fifteenth day of July of the school year succeeding the one for which the certificate and report were made (m). CXCVI. That the minimum school term shall be six months, . . and after the close of the school year ending on leveuToulhT ^^'^ ^^^^ xMonday of June, one thousand eight hundred and eighty-seven, school directors and controllers shall keep the schools in their respective districts in operation at least six months each year: Provided that the length of the annual term may remain as present in districts where the maximum amount of tax allowed by law to be levied for school purposes shall be found insufficient to keep the schools open a greater length of time (n) (o). CXCVI I. That the following days and half days namely, the first day of January, commonly called New- served "^"as^^Uin- dear's day; the twelfth day of February, known (lays. ' •'1'' I-'incoln's birthday; the third Tuesday of Feb- ruary, election day ; the twenty-second day of February, known as Washington's birthday ; Good Friday : the thirtieth day of May. known as Memorial day ; the Fourth of July, called Independence day; the first ]\Ionday of September, known as Labor day ; the first Tuesday after the first Monday of November, election day ; the twenty-fifth day of December known as Christmas day, and any day appointed or recommended by the Governor of this State or by the President of the United States as a day of thanksgiving or fasting and prayer, or other religious observance are to be observed legal as holidays (p). CXCVIII. That the minimum school term shall be seven months, and after the close of the school year Minimum sc-iiooi ending on the first IMonday of June, one thou- term to be seven i-iii i j j ■ ^ • i it „omijs. sand eight hundred and ninety-nine, school di- rectors or controllers shall keep the schools of their respective districts in operation at least seven months each year: Provided, That the length of the an- Proviso. nual term may remain as at present in dis- tricts where the maximum amount of tax allowed by law to be levied for school purposes, together with the amount of State aonrouriation to which the said district are entitled, shall be (m) Act April 17, 1865, se-. ?,. V. L. p. 62. (n) Act May 19, 1887. sec, 1 P. L. p. 1.39. (o) Term extended to seven months bv act of April 4, lSfi9. p. }.. p. 31. (p) Act June 2.'5, 1897, sec. 1. P. T,. p. 190. OF PENNSYLVANIA. 87 found insufficient to keep the schools open a greater length of time than six months (q). <^XCIX. That a common school month shall hereafter con- sist of twenty day's actual teaching, and no „ .„ , „ ^.^ school shall be kept open in any district for the f^°°°^ ^^'"^^ purpose of ordinary instruction on any Satur- ca,. or on any legal holiioy or in any county during the time of holding the annual county institute therein (r) CC. That the Boards of School Directors, Boards of School Controllers, r.nd Central Boards of Education, in school dis- tricts of the second and third class, are hereby ™ . , authorized and empowered to establish and ad- ^eui fuod.'^^ ^^ minister a teacher's retirement fund. The said fund shall consist of all funds available for like purposes at the time of the enactment of the law, together with stich addi- tions thereto as the Boards of School Directors, Boards of School Controllers, or Central Boards of Education may, from time to time prescribe, and such moneys as may be donated or bequeathed for such purposes (s). CCI. Any teacher, principal, or supervising official, retiring with th'i consent of the Boards of School Directors, Boards of School Controllers, or Central Boards of Education, shall re- ceive from the said fund such annuity as the Boards of School Directors, Boards of School Annuity. ControUi rs, or Central Boards of Education may prescribe (t). ecu. That on and after June first. Anno Domini one thou- sand eight hundred and ninety-eight, one-third of the money annually appropriated for com- One-third lo be mon schools in this Commonwealth shall be dis- ^|fs7s"'o/^nu.\"er trlbuted on the basis of the number of paid ^f paid teao'jers. teachers regularly employed for the full annual term of the district, not including substitute teachers or teachers employed to fill vacancies which may occur during the school year for which the appropriation was made ; the certificates of the number of teachers regularly employed to be made as here- inafter provided (u). CCIII. That one-third of the appropriation shall be dis- tributed on the basis of the number of children one-third on of school age between the years of six and six- number of ■•hll- teen residing in the respective districts, the enu- dren of sciuoi merati( i and certificates to be made as herein- *^^- after provided (v). (q) Act April 4, 1899, sec. 1. P. L. I (r) Act June 25, 1885, sec. 1. P. L. p. (8) Act May 23, 1907. sec. 1, P. L. p. p. 31. 176. 222. {t) Act May 23, 1907, sec. 2. P. L. p. 222. (u) Act July 15, 1897, sec. 1, P. L. p. 271. (v) Act July 15, 1897, sec. 8, P. Ii. P 271. 7 88 SCHOOL LAWS AND DECISIONS CCIV. That the remaining one-third of the appropriation One tiiiid on shall be distributed on the basis of the num- nuiubcr of laxa- ber of taxables, as returned by the last biennial bies. assessment: I'rovided, That in cities of the first and second classes, where no assessors are elected or appointed, the saui one-third of the appropriation shall be distributed on the ^asis of the number of taxables, as returned by officers em- ployed by the Board of Education, in the manner hereafter provided, which officers, so appointed, shall be required to file an affidavit for the faithful performance of their duties (w). CCV. That on the firet Monday of December, one thousand eisht hundred and ninety-seven, and biennially School boards thereafter, the president and secretary^ of each shall certify to school board shall, under oath, certify to the nmiX'r'*of teicii- county, city or borough superintendents of their ers employed. respective counties, cities or boroughs, the num- ber of teachers in their employ as contemplated in this act ; and on file on the first Monday of January, one thousand eight hundred and ninety-eight, and t(Mi'^onis"''^^imM' biennially thereafter, the said county, city or cei'iify to State borough superintendent shall, under oath, make Snpeiiuieiuk'ut. return to the Superintendent of Public Instruc- „ ^ ,. IS t b ^'°" *^° such blank as he shall prepare, a tabu- maiie "uiKlei- oath. lated return by districts of the teachers of his county, city or borough, and any president or secretary of a school board or superintendent of a county, city or borough, wiio neglects or refuses to perform his duty within Penalty for re- ten days of the time designated, shall be sub- fusing' to comply ject to a fine of not less than twenty-five nor "■'•^^ ^^^- more than one hundred dollars (x). CCVI. That it shall be the duty of the assessors of the several townships, wards and boroughs in the counties o^s to enro'ir'^^' ''*°^' ^'^^'^^^ °f this Commonwealth to make an number of c'hii- enrollment, at the assessment, of the total num- dren of seiiooi ber of children of school age, between the ages couiponsiitlon of six and sixteen years, in addition to the duties required of them under existing laws, for the same compensa- tion per diem now allowed by law. The blanks Blanks shall be required for this enumeration and enrollment Siipeiimoniu'iu shall be prepared according to the foi'm pre- of I'liiiiic lu- pared by, and under the direction of, the Su- structiou. perintendent of I'ublic Instruction, who shall cause the same to be forwarded to the county commissioners of the several counties, for distribution to the (w) Act April 4, 1907, sec. ii. P. L. p. 41. (X) Act July 15, 1897, sec. 4. P. L. p. 271. OF PEXXSYLVANIA. 89 assessors at the expense of the State: Provided, That in cities of the first and second classes, Proviso. where no assessors are elected or appointed, the enrollment of children between the ages of six and sixteen years and the enumeration of taxables, for the purposes of this act, shall be made by officers appointed, and qualified as aforesaid, by the Board of Education, for a com- p^j^f^,^ *" ^^ 'P" pensation not to exceed five dollars per diem (y). CCVII. The enumeration and enrollment herein provided for shall be made by the assessors on the first Mon- day of May, or as soon thereafter as practicable ^•'eu enumera- in one thousand nine hundred and seven, and at ment 'sbaif "be " the same time biennially thereafter ; the oQicial made, returns to be made to the county commissioners shall be filed by them in the office of the county official returns commissioners, duly verified by oath or affirma- tion, on or before the fourth Saturday of June, one thousand nine hundred and seven, and biennially thereafter. The county com- missioners to return a summary of the same to the Superintendent of Public Instruction, ou or Return by coun- before the last Saturday of July next following: ty^ commission- Provided, That in cities of the first and second classes, the enumeration and enrollment of school Proviso, children, herein provided for, shall be made by officers ap- pointed and qualified as aforesaid by the Board of Education, beginning on the first Monday of May, and for a compensation not exceeding five dollars per diem, and that the official returns shall be made to the county commissioners in the manner herein provided (z). CCVIII. An assessor who shall refuse or neglect to make the enumeration, enrollment and official returns re- quired by this act shall pay a fine of not less A^'^J',^^'"'? ^^'l than twenty-five or more than one hundred ^omply^ with *act dollars, and shall be liable to removal from shall be subject office upon complaint to the court of common to fine, pleas of the proper county, which complaint it ^^^^ removal shall be the duty of the county commissioners ijy„j office, to make in the case of neglect or refusal of any assessor to comply with the provisions of this act (a). CCIX. The blanks for the use of the county commissioners (y) Act April 4, 1907, sec. 5. P. L. p. 41. (z) Act April 4, 1907, sec. a the receipt at Department of Public Instruction of the certificate of the president and secretary, approved by the county superintendent, that the schools have been kept open, "according to law." Assessment of Taxes. CCX. That the school directors or controllers of every uis- trict shall annually, and by the votes of not amoimt''of school '*'^^ ^^^^ ^ majority of the members of the board, tax. determine the amount of school tax which shall be levied on their district for the ensuiug school year, which shall, together with such additional sums as the district may be entitled to receive out of the State appropriation, and from other sources, be suflicient and necessary to keep the schools of the'' district in operation not less than four nor more than ten months in the year (cj. (b) Act Jul.v 15, 1897, sec. H. P. L. p. 272. (c) Act of Mny 8. 1854, sec. 28, P. L. p. 623, as amended by Act April 9, 1872, sec. 1, iV L. p. 46, and Ac^ May 19. 1887, sec. 1, P. L. p. 139, and Ac( of AprU 4. 1899. P. L. p. 81. OF FExNNSl'LVANlA yi 128. A coutinuous annual term is now obligatory in every school district in the State. CCXI. That the board of directors or controllers shall an- nually proceea to levy and apportion the said i^yy ami appoi- school tax, pursuant to this act (not exceeding tion of hcIiooi the amount of State and county taxes author- t*^- ized by law to be assessed), on all objects, persons or property, made taxable for State or county purposes, and that all the taxes levied and assessed, by the directors or controllers, with- in each school year, shall be contained in the same dupli- cate (d). CCXII. That the organization, of each board of school di- rectors, as provided bv the twelfth section of the act of the eighth of May, one thousand organize"* eight hundred and fifty-four, shall be within ten days of the first Monday of June in each year: And provided further, That the school tax for each year shall ^Tjign ^ax to not be levied until after such organization, and be levied, before the first of July of each year (e). 129. The amount of tax to be collected within the current school year cannot be fixed by vote of the board, until between the date of the regular organization thereof and the first day of July of that school year. The school tax for each year is to be levied during the mouth of June, and the duplicate should be made out and put into the hands of the collector as soon thereafter as practicable. 130. Assessment after the first day of July is, however, legal, and has been so decided. But the better way is to comply with the law literally. loi. The resolution fixing the amount and designating the purnoses of the tax should be in writing and entered on the minutes. 132. School tax is to be levied but once a year ; and the build- ing tax, if any is required, must be levied at the same time and in the same manner as the ordinary .school tax. 133. School tax is applicable to the payment of teachers' sala- ries, school books and supplies, fuel, stationery, for the board, salary of secretary, and all other ordinary annual expenses neces- sary to keep the schools in operation. Also, when there is no building tax or fund, occasional repairs aud additions to furni- ture and apparatus are to be paid out of the ordinary school tax. 134. Debt from a former year, for school purposes, should be provided for by an addition to the ordinary school tax of the next year. \i\ Act May 8, 1854, sec. 30. P. L. p. 624. Act April 22, 1863, bpc. 1. P. L. p. .523 92 SOHUUl. LAWS AM) DECISIONS 135. The amount of ordinary school tax cannot be greater in any district (except by special legislation) than the amount of State and county tax authorized by law, to be assessed. The amount authorized to be levied at the time of the passage of the law was thirteen mills on the dollar, ten mills for county and three mills for State purposes. The State tax has since been taken off real estate, out this does not affect the amount of school tax that can be levied, for the reason that it was the obvious intention of the law to fix that amount at thirteen mills on the dollar, and thus avoid the perplexing changes that would otherwise cripple the financial management of school affairs. This decision has oeen sustained by the Supreme Court. COXIII. That the board of directors or controllers in cities or boroughs where the school property is vested in them agree- ably to the provisions of section second may at any time, not Levy building oftener than once in each school year, levy a tax. special tax not exceeding the amount of the regular annual tax for such j'ear, to be applied solely to the ■ urpose of purchasing or paying for the ground, and the build- ing or erection of school buildings thereon, which said tax shall be levied and collected at the same time, in the same manner, and with like authority as the regular annual tax (f). CCXIV. That the board of directors or controllers in cities or boroughs where the school property is vest- ci^fes''and^bor-° *^''^ ^° them agreeably to the provisions of sec- ougiis. tion second, may, at any time not oftener than once in each school year, levy a special tax not exceeding the amount of the regular annual tax for such year, _, ^ . to be applied solely as follows: (a) for purchas- gTOun^as'"''etc"'^ ing grounds ; (b) for erecting and furnishing build- ings : (c) for the accumulation of a fund for pur- Erectine build <'l>asing grounds and erecting buildings; (d) for ings, etc. '^1'^ payment of a debt contracted in purchasing ground and erecting buildings ; (e) for completing improvements in school buildings contemplated at the time of their erection : (f) for fencing and improving grounds in connecton with the erection of buildings ; (g) for the payment of the expense of fuel used in the heating of buildings ; (h) for the jan^tor%tc payment of the expenses of janitors employed to care for school buildings, which said tax shall be levied and collected at the same time in the manner and with like authority as the regular tax (g). ISo. The proceeds of a tax levied for building purposes may (f) Act May 8, 1854, sec. n. V. L. p. 624. (g) Act May 26, 1897, sec. .IS P L p. 05, amended. OF PENNSYLVANIA. 93 be used: 1. For purchasing ground. 2. For erecting buildings. 3. For tlie accumulation of a fund for purchasing ground and erecting buildings. 4. For the payment of a debt contracted in purchasing ground and erecting buildings. 5. For completing improvements in school buildings contemplated at the time of their erection. G. I'or fencing and improving grounds in con- nection with erection of buildings. All these matters ai'e so intimately connected with the purchase of grounds and the erection of buildings that they may be considered a part of the same; but school boards are advised to confine their dis- bursements of the proceedings oi the building tax strictly within these limits. 137. When a building tax is levied, the assessment made for that purpose must be voted, and calculated as a separate tax, and placed in the duplicate as a distinct and separate item from the assessment made for school purposes. When collected, each fund must be applied to its lawful purpose according to its propor- tional rate. 138. A building debt already incurred for the purchase of a lot, or the erection or repair of a school house, may and should be paid by the proceeds of a building tax or sum subsequently levied for that purpose. 139. An intended building may be provided by the levy of a building tax or sum one or more years before the building is actually commenced. This mode is often more advisable, as it prevents the imposition of an onerous tax in one year. 140. When thirteen mills are levied for school purposes in a district, the same amount may be levied for building purposes; making in all twenty-six mills on the dollar, which is the high- est tax that can be legally levied in any one year under the pro- visions of the general law. 141. If less than thirteen mills is levied in any district for school purposes, then the sum of building cannot exceed in amount that for .school purposes that year. CCXV. That for the puipose of enabling the board of directors or controllers to assess and apportion the tax for the ensumg school year, tlie coimty commis- Commissioners to sioncrs shall, when required, furnish the presi- va'iuiaiou"''^ ident or secretary of the board with a copy of the last adjusted valuation or proper subjects and things made taxable in the same, for State and county purposes, which said property, sul)ject and things are hereby made taxable for school purposes, according to the provisions of this act (h). 142. It is an official duty of the commissioners to furnish the "last adjusted valuation;" and in case of refusal, tlie proper court would grant a ^\■rit of mandamus, compelling them to do so. (b) Act May 8, 1854. sec. .'it. P. L. p. 624. 94 SCHOOL LAWS AND DECISIONS 14o. Directors are not to call on asesssors for a copy nf (be valuation. It is the exclusive duty of the county commissiMuers to furnish it, and the directors cannot receive it from oiher source, or pay assessors for a copy thereof. 144. It is the duty of the assessor to make the additional as- sessments required, and he is to be paid therefor by the county commissioners, and not by the directors. CCXVI. That it shall be the duty of the several asses.sors to as'^ess such persons as may remove into the re- of *^May 8 1854 spective districts between the last assessment and cited for 'amend- the first of May in each year, or who may have ment, P. L. p. been omitted frt)m the last assessment, and to iv- *'-•'*• turn their names, with the amount of State and county tax payable by each, to the board of school directors, who shall thereupon assess the amount of school tax payable by such persons, which tax shall be collected as in other cases," shall be amended to read as follows: CCXVII. That it shall be the duty of the several assessors to Duty of assess- assess such persons as may remove into the re- oi^s. spective districts between the last assessment and the first day of May in each year, or who may have been omitted from the last assessment, and to return their names, with the amount of State and county tax payable by each to the board of school directors, who shall thereupon assess the amount of school tax payable by such persons, which tax shall be collected as in other cases ; and for taking such as- sessment the assessor shall be paid by the county coimty commissioners the same compensation per diem as now allowed by law (i). CCXVII. That at the next annual assessment after the erec- tion of any such new common school district, it shall be the duty of the county commissioners of the proper county to cause a separate assessment of the subject and m ^ew dl8°r^ts things liable to school tax in each portion of the new district lying within his proper town- ship, to be made out by the proper assessor thereof, and to be returned to them, wherefrom, after adjustment, they shall cause to be made correct copy of the assessment thus obtain- ed, in every portion of the new district, and shall fiirnish the same to the secretary thereof, in accordance with the twenty- ninth section of the act of which this is a supplement ; and they shall, in like manner, and at the same time, cause to be made out and furnished to the State Superintendent of Common Schools, a full list of all the taxable inhabitants of said new (1) Act April 8, 1905, sec. B.*). P. L. p. 120. OF PENNSYLVANIA. 95 district, according to the provisions of the forty-ninth section of the act to which this is a supplement ; and they shall pay out of the county funds to said assessors the usual compensation for their services enjoined by this section (j). CCXIX. That the assessors in each and every township, where any portion of said township may be included within the limits of an independent school dis- duties of asspss- trict, shall write on their duplicates, opposite ^nt districts; the names of the persons residing within said independent district, the letters I. D., for the information of the collector of said tax, and the county commissioners (k). CCXX. If any assessor, or assistant assessor shall knowingly and intentionally omit, neglect, or refuse to as- sess and return any property, person or thing ^^^^l^^^^ nun'-'^''^ made taxable by law, or shall knowingly and I's'^eiL intentionallj' assess, rate or value the same, at more or less than he shall know and believe the just cash value or rate thereof, or neglect or refuse to assess any tax required by law, he shall be guilty of a misdemeanor in office, and on conviction thereof, be subject to imprisonment not less than three, nor mure than twelve months, and to be fined in a sum not less than one hundred nor more than two hundred dollars (1). CCXXI. That the twenty-ninth section of the act to which this is a supplement shall not be construed to au- thorize the taxation of any objects or property j^g^pd vau^tion for school purposes, which shall not be con- tained in the copy of the last adjusted valuation of proper sub- jects and things made taxable for State or county purposes, furnished to the board of directors or controllers by the county commissioners (m). CCXXII. That hereafter the tax imposed by section thirty, of the act approved May eight, one thousand eight hundred and fifty-four, for the regulation Occupation tax J . . c .u r J i.- u cannot be less and continuance of a system of education by com- tij^n ^ng dollar. mon schools, on trades, professions, and occupa- tions, or on a single freeman, shall in no case be less than one dol- lar (n). CCXXI II. That upon every resident male taxable, or the age of twenty-one years, whose name is found entered upon the last adjusted valuation, furnished according to law to any board of directors or controllers, by the commissioners of the proper county, as a basis for the assessment of school tax, or which (J) Act May 8, 1855. sec. 7, p. L. p. .510. (k) Act Jfay 8, 1855, sec. "5, P. L. p. 509. (1) Act May 8, 1841, sec. 3, P. L. p. 394. (ta) Act May 8, 1855, •ec. 11. P. L. p. 511. (X)) Act May 21. 1857. sec. 2. P. T- p. fi32 96 SCHOOL LAWS AND DECISIONS may be contained in tlie additional assessment authorized by the thirty-firth section of the act to which this is a further sup'dement. the proper board of directors or controllers shall assess the minimum occupation tax now allowed by law, to be collected with the other school tax of the district now payable by such person (o). CCXXIV. That on and after the passage of this act it shall be lawful for the school directors or school con- simTMevv' a^'uer trollers of any city, borough or township, within cHpii:i tax of one this Corauiou wealth, to levy and collect annually, dollar. a per capita tax of one dollar for school pur- poses from each and every male inhabitant of the age of twenty-one years and upwards within their respective districts (p). CCXXV. The per capita tax authorized in the first section of this act shall be levied and collected at the How collected. same time and in the same manner as school taxes are now levied and collected by law (q). CCXXVI. The ner canita tax herein authorized shall be in lieu of the occunation tax for school purposes, and Ten of'!i^'"^ ^'^^ '" ^''-'® ^^^ ^'^^^" '"^ °° ^'^^^ '""'•^ ^^' fil^i'iflse the t'iou "tax^.'^^"^' power of school directors or controllers to levy a tax on real and personal propertj' for school and buiding purposes (r). Note. — It IS the duty of directors: 1. To assess and levy taxes for school purposes upon real estate and personal property in the mauner heretofore pro- vided. 2. To assess an occupation or per capita tax of one dollar unon each and every male inhabitant of the age of twenty-one years and unwards. This per capita tax is in lieu of the occu- pation tax levied under the old law, and the amount thereof cannot be exceeded in any case, no matter at what sum the occu- pation, trade or profession may have been valued by the assessor for State and county purposes. 8. The total assessed valuation, including real estate and per- sonal iirojierty, is subject in all cases to the rate levied for build- ing i)urpnsps. CCXXVII. That all churches, meeting houses or other regu- lar i^laces of stated worship, with the grounds Clmrclies and thereto annexed necessary for the occupancy and exempt" *"" enjoyment of the same; all burial grounds not used or held for private or corporate profits ; all (o) Act April n. 1S62. sec. 5, P. L. p. 472. (p) Act .Tilly 22, 1S!)7, sec. 1, P. L. p. 305. (q) Act .Tilly 22, 1897, sec. -', P. L. p. 305. Iv) Act July 22, 1897, sec. .». P. L. p. 30,5, OF PENNSYLVANIA. 97 hospitals, universities, colleges, seminaries, academies, associations and institutions of learning, benevolence or charity, with the grounds thereto annexed and necessary for the occupancy and enjoyment of the same, founded, endowed, and maintained by public or private charity ; and all school houses belonging to any county, borough or school district, with the ground thereto an- nexed and necessary to the occupancy and enjoyment of the same; and all court housfs and jails, with the ground thereto an- nexed, be and the same are hereby exempted from all and every county, city, borough, road, school and poor tax: Provided. That all property, real or personal, other than that which is in actual use and occupancy for the purpose aforesaid, and from which any income or revenue is derived, shall be subject to taxation, except where exempted by law, for State purposes, and nothing herein contained shall exempt the same therefrom (s). CC^vXVIII. That the qualified voters of every borough and township in the Commonwealth of Pennsylva- nia shall, on the third Tuesday of February l'^^\l\ ^^^ ^ol- after the passage of this act, and trieunially '^'^ "'' thereafter, vote for and elect one properly qualified person for tax collector in each of said districts, wh« shall serve for the term of three years, and shall give a bond annually, to be ap- proved by the court (t). GCXXIX. The courts of quarter sessions shall have power to fill, by appointment, all vacancies in the said office, within their respective counties. And if Vacaucies. any person elected to fill said- office shall fail to give bond and qualify, as hereinafter provided, on or before the fourth day of the term of said court next ensuing his election, the said court shall declare his office vacant and appoint a suitable person, resident in the proper borough or township to fill the same (u). CCXXX. That if any vacancy shall taKe place in the office of tax collector after any ward, district, borough vacancies in of- or township election, by reason of the erection rice of tax coi- of any new ward, district, township or bor- lector, ough, or from the neglect or refusal of any person elected to perform the duties of the office, or by death, resignation or otherwise, the court of quarter sessions of the proper county upon petition of the town council ^o"^*^ °^ Quarter or any citizen who is a resident of said bor- S°°' ' "" ough, township, ward, setting forth the fact that (s) Act Way 14, 1S74, sec. 1 P. L. p. 158. (t) Act June 6, 1893, sec. 1. P. L. p. 333. (u) Act June 25, 1885, sec. •.'. P. L. p. 187. ^»^ SCHOOL LAWS AND l>i:CISiONS a vacaucy does exist, shall appoint a suitable person to till said vacancy for the full or unexpired term (v). CCXXXI. That the office of township tax collector, in town- ships of the first class, is hereby abolished, and, ship^'tai col-'' from and after the expiration of the retpective lector aboiisued term* of the township tax collectors now in ofhce, the *fl^T'^'f ^ "* ^'' taxes imijosed on and accruing from persons and property within the respective townships of the first cla.ss in this Commonwealth, including all State, county, bor- ough, township, school, and poor taxes, may hereafter be empowered to levy taxes within the several townshiiis of the first class of this Commonwealth, shall be collected by the township treasurer of the Township treas- respective townships of the first class, who shall uiei- to coiiecr for that purnose have all the powers, perform all all tuxes. the duties, be subject to all the obligations and Duties, obiiga- responsibilities, and receive the same compensa- tious, etc. sation as are now by law vested in, confined Compensation. upon, or imposed upon collectors of the several classes of taxes hereinbefore mentioned, or which such collectors are now by law authorized or empowered to have and exercise, or are vested with, or are made liable or subject to, or are entitled to receive (w). CCXXXli. All laws or parts of laws, general, local or special, inconsistent herewith, be and the same are Repeal. hereby repealed ; it being the purpose and in- tent of this act that no taxes shall be col- ten't^oTact. *° lected, in any township of the first class of this Commonwealth, save only by tlie treasurer of the said township (x). CCXXXiij.. The collector of taxes shall before he enters upon the duties of his office, take and subscribe an bond a°n(J be ^'^^^ ^^ ^^^^' ^°^ ^^^ ^he same in the office sworn. of the court of nuarter sessions of the proper county, and shall also enter into a bond to the Commonwealth, in douDie the probable amount of the taxes that will come into his hands, with at least two sufficient sureties ; said bond to be approved by the said court or a judge thereof in vacation, and file in the office of the clerk of the said court ; the condition of which bond shall be that the said collector shall well and truly collect and pay over or account for. ac- cording to law, the whole amount of taxes chargi'd and assessed m !he duplicates which shall be delivered to him (y). (v) Act July 2, 1895, sec. l, P. L. p. 434. (w) Act May 28, 1907, sec. 1. P. L. p. 273 (x) Act May 28. 1907. sec. ? P. L. p. 273 ^ UHi SCHOOL LAWS AND DECISIONS CCXXXVIII. The collector of taxes shall, in person or by some person duly authorized, be in attendance Special days. f^^. (-j^g purpose of receiving and receipting- for taxes on Thursday, Friday and Saturday of each week, during the last two weeks of said sixty days, between the hours of two o'clock and six o'clock in the afternoon, at his residence, or in some other place in the pi'oper township or borough, to be desig- nated bv him in the notice aforesaid (d). CCXXXIX. The collector of taxes shall collect the taxes charged in said duplicate, and pay over tne Pay to treasurer, same to the respective treasurers or authorities entitled thereto, after deducting his commission for the collection thereof, which is hereby fixed at two per cen- tum on all taxes paid to him on which an abatement of five per centum is allowed, and at five per centum on I'owed"*^^* "'' "^^^^^ afterward collected: Provided, That where the total amount of taxes charged on a duplicate is less than one thousand dollars, the said collector shall receive three per centum on all taxes paid to him on which an abatement of five per centum is allowed: Provided further. That all taxes collected within the sixty days, as provided in section eight of this act, shall be paid over as aforesaid with- in fifteen days after the expiration of said sixty days, and all tMxcs collected thereafter during his term of office Duties of CO'.- sliall be paid over as aforesaid at regular intervals ^^ ° ■ of one month, and a full and complete statement of all taxes collected shall be made by said tax collector with the respective treasurers or authorities entitled thereto, not later than three months after the expiration of his term of office (e). CCXL. Exonerations may be made by the au- Bxonerations. thorities. and in the same manner as here- tofore (f). CCXLI. The accounts of collectors of taxes shall be settled by township or borough auditors of the proper M^lectors* '"' township or borough, and he shall state a separate ''*' ■ nccoiinl: for each different tax collected by him ; but collectors of county and State taxes shall settle with the county commissioners as heretofore (g). CCXLII. Taxes charged upon unseated lands shall not be col- lected by the collectors of taxes, but shall be Unseated lands. certified and returned by the several authorities (d) Act June 2.5, 1885, sec. S, P. 1., p. 188. (e) Act June 2. 1891. sec. •). P. L. p. 176. (f) Act June 25, 1885, sec. SJ P. L. p. ISO. (g) Act June 25, 1885, sec. 11, P. L. p. 189. OF PENNSYLVANIA. 101 levying the same to the county commissioners, to be collected as heretofore (h). CCXLlIi. That from and after the passage of this act, all lands acquired by the Commonwealth for forest reserves, ana now exempt from taxation, shall i^'orest resorvos. be subject to an annual charge of three cents per acre, for the benefit of the schools in the respective district in which said reserve or reserves are located, and two cents per acre, for the benefit of the roads in agJIas^^"'^'''^^ the townships where said reserve or reserves are located (i). CCXLIV. The Commissioner of Forestry shall certify to the respective school districts and townships, through- out the Commonwealth, in which forest reserves Cei-tiflcute as to are located, the number of acres, owned by the "J™'''''" ''^ '''''"'■ Commonwealth in each district or townshiji, upon application of the treasurer or road supervisor of any of the said custricts or townships and the charge against the same ; and shall, turtnermore, certify to the State Treasurer the number of acres, as aforesaid, and the charge against the same and in favor of the respective districts and townships. The State Treasurer shall, upon the approval of the proper warrants of the Commissioner of for- estry, pay to the several school districts and townships the amounts due the same from the J''y"Y"r^- *^"f Commonwealth, and derived under this act, upon aud""towusiii")s! due application therefor made by the treasurers or road supervisors of the said districts and townships (j). CCXLV. So ravich of all general acts heretofore passed, as is inconsistent herewith, is hereby repealed ; but this act shall not apply to any taxes, the Local laws. collection of which is regulated by local law (k). CCXLV'I. That the tax collectors of the several borough and townships of this Commonwealth, elected pur- suant to the provisions of an act of Assembly, ^*^vi',"hip 'Yax col- entitled "An act to authorize the election of lentors' sUaii tax collectors for the term of three years in the make monthly re- several boroughs and townships of this Common- turns. wealth." approved the sixth day of June, Anno Domini one thou- sand eight hundred and ninety-three, and all other tax collectoi"s of State, county, township, road, school and borough taxes, elected or appointed by or under existing law, shall hereafter (h) Act June 2.5, 1SS5, sec. 12. P. L. p. ISO. (1) Act April 5, 11I0.5, sec. 1. P. L. p. 112. (j) Act April 5, 1905, sec. 2. P. L. p. 112. (k) Act June 25, 1885, sec. 1.S, P. L. p. 189. 1U2 SCHOUL JLAWS Ai\D DEUIJSIUJNS To whom te- inaKe niouthly returns in writing to the several urns shall be pprsous to whom the tax collector is by law re- "** quired to be paid, showing the amounts collected Contents of re- by them during the preceding month, and the t"™^- amount of uncollected taxes upon their respective duplicates, or exhibit the duplicates showing the said collected taxes, at the close of each month during their respective terms of office, and shall pay over to the said persons Shall pay the to whom by law the said taxes are made pay- taxes uionihiy to able, the amounts so collected by such tax collec- less^commlssions ^^^'^ monthly less the commission or fees to which they are by law entitled for the collection of the same (1). CCXLVII. Any tax collector failing to corn- Violation of act pjy ^.jj-jj ^be requirements of this act shall be meauor ^ '"'^'^'^" guilty of a misdemeanor, and upon conviction deemed guilty of a misdemeanor, and upon Penalty. conviction thereof shall be sentenced to pay a tine not exceeding one hundred dollars (m). CCXLV'III. That if any person shall neglect or refuse to make Neglect or re- payment of the amount due by him for such tax fusal to pay tax. within thirty days of the time of demand so made, it shall be the duty of the collector aforesaid to Sale of goods. j^^.y g^^^^j^ amount by distress and sale of the goods and chattels of such delinquent, giving ten days' public notice of such sale, by written or printed advertisement ; and in case goods and chattels of the owner of such real estate cannot be found such collector shall be authorized to take the body of such delinquent and convey him to the jail of the proper county, there Imprisonment. ^x) remain uutil the amount of such tax, together with the costs, shall be paid or secured to be paid ; or until he shall be otherwise discharged by law: Provided. That nothing here- in contained shall authorize the arrest or imprisonment for non- payment of any tax, of any female, or infant, or person found by inquisition to be of unsound mind (n). CCXLIX. That in all cases in which the period of two years, the limitation of the warrants in the duplicate of '^''^^^- county, poor, city, township, ward, school, and borough tax collectors have expired, or shall expire during the year one thousand nine hundred and seven, by virtue of the expiration of their terms of office, and said collector or collectors have or shall become liable for the amount of tax on said duplicates, without (1) Act June 9, 1897, sec. 1, P. L. p. 242. (m) Act June 9, 1897, sec. 2. P. L. p. 243. (n) Act April 15. 1834. see. 2:'. P. L. p. 514 UF fENNSYLV AMIA I03 haviug cullecteci the same, the said duplicates aud warrauts, aud the powers and authority of said tax collectors, iu all such cases. are hereby revived and extended for another period of one year from the passage of this act ; and said collec- tor, or collectors are hereby authorized and em- Duplicates and nowered to proceed and collect said taxes from warrants, and all persons who have not paid taxes assessed fe"ctors! 'eitend-"' to tnem, residing in said district within which ed for' one year, it may have been assessed, as well as from all persons who may remove or have removed from said city, ward, township or townships, or boroughs, and have neglected to pay taxes so. as aforesaid, assessed, with like effect as if said warrant had not expired by the limitation of two years, aforesaid, or the term of office of said collector had not exnired: Provided. That the provisions of Proviso, this act shall not apply to warrants issued prior to the year one thousand eight hundred and ninetj'-two. and that nothing in this act shall release any bondsmen or security. Pro- vided, That this act shall not apply to cities having i^^oviso. special laws upon this subject: Provided further, provioso. j^aa^ no collector, nor the sureties thereof, who take advantage of this act shall be permitted to plead the statute of limitations in any action brought to recover the amount of said duplicate, so extended and renewed (o). CCL. That hereafter no county, city, borough, township or school tax levied or assessed, shall remain a lien on real Lien of taxes estate for a longer period than three years from limited to tiirce the first day of January, in the year next succeed- •^!j\':y'' j^r"™ unless ing that in which such taxes are due, unless the entered of rec- same be entered of record in the prothonotary's ord. office of the proper county in which such real estate is situated ; and no lien so entered therefor, or for any municipal ^j^^ ^^ muulci- improvemeut claim, shall remain a lien thereon for pai claim )lm- a longer period than five years from the date of ited to five such entry, unless the same be revived and con- .vpars, unless re- tinued by a writ or scire facias within said period, ^''^^' • and duly prosecuted to judgment, as in case of judgment liens ; and provided that no such lien entered of record prior to May fourth, one thousand eight hundred Proviso, and eighty-nine, shall remain a lien on real estate for a longer period than three years from the date of the passage of this amended act, unless the same be revived and continued by writ of scire facias (o) Act May 28. 1907. sec. 1. P. L. p. 263 8 104 SCHOOL LAWS AM) DECISIO.NS with said period, and duly pros;^L-iilo(l to judgment, as in the case of judgmpiit liens (p». CCLI. That each and evei'y collector of school taxes in the several boroughs and townships of this Com- School taxes in monwealth, shall hereafter, on or before the tenth towuLliips?" ''^y oi' ffiL'h and every month, after receiving the duplicate containing a statement of the school tax to be collected by him, delivered to the secretary of the board of school directors, from whom he has received such lecto^™^"* '^^ ^°' duplicate, a statement in writing, signed by him. showing the names of all of the persons from whom Contents of jjp \^r^^ collected anv school taxes upon his dupli- statement. cates. to and including the last day of the pre- ceding month, the amount collected from each, and the days of such collection, and also the amount of the uncollected school taxes, upon tl'.e said dui)li<'ate. and shall at the same time, if required oy the secretary or any member of the school board, exhibit the duplicate, showmg the said uncollected taxes, for examination ; and . the said tax collector shall pay over, on or before t.o muirtiio^ "^^^^ ^^i^ tenth day of each and every month during treasuier on or hjs term of office, to the treasurer of the school before tenth of district, all taxes so collected bj' him during the each month: preceding month, less the commission or fees to which he is by law entitled for the collection of the same (q). CCLII. It shall be the duty of the board of school directors and Boarri of school ^^^^ Collector of the school taxes, in each of the directors and i)oroughs and townships of this Commonwealth, collector shall ro meet toaether. at the usual meeting place of meet together ^if. said school board, on the first Monday of annua y. February of each and every year, and examine the duplicate of the school taxes, which the said collector is hereby required to i)rodiice and exhibit to the said board of school direc- tors, and ascertain the amount of the taxes then uncollected ; and it shall be the dutv of every such collector,»on or Duty of coliec- i.^^iovp the first Monday of June thereafter, to col- 1 'ct. and pay to the treasurer of the proper school district, the whole amount of the balance of the taxes charged and assessed in the said duplicate excepting such sums from which the said school directors, in their discretion, mav exonerate him (r). CLIII. Any tax collector who shall fail to pay over to the (p) Act June 4. 1897. S5ec. i. P. L. p. 122. (q) Act April 21, 1903, sec. 1, P. L, p. 229. (r) Act April 21, 1903, sec. 2 P. L. p. 229. OF PEN\SY1.\ AMA. 105 treasurer of the proper scliool district the taxes FaiUae of toi- coUected by him. according to tlie provisions of '•'^-'f"'' to make this act, or who shall fail to make and deliver to P'^y""^"*' '^t^- the secretary of the board of school directors any of the statements in writing required by this act, or who shall fail to produce and ex- hibit the duplicate of the school taxes to the secretary of the board of school directors or at a meeting of the board of school directors, as reouired by the provisions of this act, shall be guilty of a misdemeanor, and on conviction •'^'i«''<''"eaDor. thereof shall be sentenced to pay a fine not exceed- Fine, ing one hundred dollars (s). Duties of Auditors. CCLIV. That hereafter the auditors of the several townships and boroughs within this Commonwealth shall meet SettiemPDts and annually on tlie first Monday of March, as to bor- iuuiits of ac- ough. township, and poor district accounts, and K I'E.NNSVIA AMA 107 CClAlll. That the auditors shall cancel all Cancellation of orders and vouchers presented to them, which oj^«'''8 a°enaity. law, recoverable, by suit instituted in the name of the township, borough, poor district, or school district, upon the complaint of any taxpayer of the same ; and the proceeds thereof to be paid into the treasury of the respective town- ship, borough, poor district, or school district (y). CCLX. That all acts or parts of acts incon- sistent herewith or supplied hereby are hereby Repeal, expressly repealed (z). CCLXI. That on and after the passage of this act, there shall i)e elected in each independent school district of this Commonwealth, three auditors, one to serve j "ien^gnt 'dip'-" for one year, one for two years, and one for tricts. three years, and annually thereafter one each year to serve for the term of three years, to audit and adjust the several school accounts of said district (a). CCLXII. That the auditors in said independent school district shall be qualified and shall perform the duties as township and borough auditors are now re- '^''''l' ^^ sworn, quired by law to do (b). CCLXIII. That from and after the passage of this act the compensation of each independent school district auditor shall be two dollars per diem for each day [^X'nendent'°nointed (h). CC-iiXIX. That the several city treasurers, hereafter elected in cities of the third class of this Commonwealth, ^j^y treasurer to by virtue of their office shall be the collectors of collect city^ all the city, school and poor taxes, assessed or levied school and poor in their respective cities, and shall perform the tf^-'^*'''. duties and be subject to the hereinafter provisions of this act (i). CCLXX. That in cities of the third class where the school dis- trict comprises the same territory as the city, the „ . taxes for school and building purposes shall be bp"^p.;,|Ji''* levied on the assessment made for city purposes. (h) Act June 25, 1895, sec. V. P. L. p. 27« (I) Act .Tune 20, 1901. P. T>. p. 578 112 SCHOOL LAWS AXl* DECISIONS Section 2. The city clerk or other competent person authorized . by city council shall make for the use of the cieik ' school board, a true copy of the completed as- sessment, and shall duly certify the same to the said board. Section 3. All acts or parts of acts inconsis- '^'^P'-'^'- tent herewith are hereby repealed (j). CCLXXI. That in every city of the second class the central board of education, and in every city of the aid^Udnrciais ^'"'''^ ^^^^^ ^^^^ '^oard of school controllers, and boroughs, a.'u ' ^^ every borundi and township of the first townships of the class the board of school directors, shall have first class. power to estal>lish and maintain one or more Mechanic arts schools for the instruction of pupils in the schools. useful branches of the mechanic arts, athletics Athletics. ^^f^ kindred subjects, to provide the necessary buildings, macnmery, apparatus and materials, and to employ teachers and instructors therefor (k). CCLXXII. That whenever an application shall be made to the school directors of any school district of this Com- acluits incindin"' monwealth, requesting the said board to provide foreigners. " means for the instruction of anj' colony, camp, or settlement of adults, including foreigners, who may reside temporarily or permanently within the boundaries of said school district, it shall be the duty of the said board *^ board to arrange a suitable and convenient place Avherein any such persons desiring to attend may be instructed in the several branches now taught in the common schools of this Commonwealth (1). CCLXXIII. The application or petition shall be signed by at least twenty persons of said school district, who Application. j^j^y either be taxable residents of said district, or Proviso. aliens desiring such tuition: Provided, That any alien so signing, must accompany his request by the statement that he desires to avail himself of the said instiniction (m). CCLXXIA'. The said school may be discontinued, at any time, at the discretion of the said school board, when- Attendance. gygj, j^j^g average daily attendance for any month is less than fifteen (n). CCLXXV. It shall be in the discretion of the school board to (.1) Act May 25, 1897. P. L. p. 85. (k) Act March 24, 1905. see. 1. P. L. p. 52 (1) Act April 15, 1907, sec. 1, P. L. p. 69. (m) Act April 15, 1907. see. 2. P. L. p. 69. (n) Act April 15, 1907, sec. 3, P. L. p. 69. OF PENNSYLVANIA. 113 use any one or more of the sehoolhouses estali- lisbed for the ordinary and usual school purposes, Sciiooi houses. or to erect or provide such suitable building or buildings. portJil)h' or permanent, as may be necessary (o). CCLXXVI. That, upon receipt of such application or petition, the school board shall at once proceed to provide a suitable location for such school, hire the neces- Estaiiiisinaeui of sary teachers, and make all needful expense to open '^**^'**- and continue said school: Provided, That any two p,.Q^js(, or more school districts may unite in the establish- ment, support, and maintenance of said schools: pi-oviso Provided, however. That the establishing- and main- taining of such schools shall be optional with the school boards of the several districts, except such years as a State appropriation is made for this purpose (p). CCLXXVI I. The school board may prescribe the hours at whch the schoolhouse may be open for instruction, which shall be between the hours of nine o'clock in the '^'^'^o"' '^""'■«- forenon and nine o'clock in the evening (q). CCLXX^'III. The instruction in said school shall be in the English language, except when nec^^ssary to trans- lustructlon late the same into the original language of the scholars: Provided, That no sectarian instruction Proviso, shall be allowed (r), SUPERINTENDENTS OF SCHOOLS. State Sunerintendent of Public Instruction. CCLXXIX. That from and after the first Monday in June, .-vnno Domini one thousand eight hundred and fifty-seven, the Department of Common Schools aepartments'"''sep! shall be detached and remain separate from arated. the office of the Secretary of the Common- wealth, and a superintendent of common schools Siipenntendent shall be appointed by the Governor, every third *° ''^ appointed. year, by and with the advice and consent of the Senate, and shall (o) Act April 15, 1907, sec. 4, P. L. p. 69. (p) Act April 15, 1907, sec. 5, P. L. p. 69. (q) Act April 15, 1907, sec. 6, P. L. p. 69. (r) Act April 15, 1907, sec. 7, P. L. p. 69. 114 SCHOOL LAWS AND DECISIONS hold flis office from the first Monday of June, for and during the term of three years if he shall so long behave himself well ; and he shall be liable to be removed from office by the Governor for misbehavior or misconduct at any time during his Vacancies. term ; and any vacancy that may occur in said office of superintendent shall be supplied by a new appointment for the unexpired term of the former incumbent: Provided. That in the event of any such removal, Proviso. (-jjg Governor shall at the time commiiuicate his reasons therefor in writing to the superintendent so displaced, and also to the Senate, if in session, and if not within ten days after the next meeting (s). 148. Section 8 of Article IV, Constitution of 1873, changes the title "Superintendent of Common Schools" to "Superintendent of Public Instruction," and makes his term of office four years. The Superintendent of Public Instruction is appointed by the Governor, with the advice and consent of two-thirds of all the members of the Senate. CCLXXX. That the Superintendent of Common Schools, and his successors in office, appointed under this Duties and vow- ^^^.^ gj^^jj fupuigij t^g game security, exercise the same functions and be charged with the same duties and responsibilities that are now by law required of and devolved upon the Superintendent of Common Schools (t). CCLXXXI. The State Superintendent shall decide without ap- peal, and without cost to the parties, all con- versfM '^°"'''°" troversies or disputes that may arise or exist among the directors or controllers of any districts, between directors of adjoining districts, or between collectors or treasurers, and directors or controllers, concerning the duties of their respective offices ; the fact of which controversies or disputes shall be made known to him by written statements, by the parties thereto acting in their official capacities, verified by oath or affirma- tion, if required, and accompanied by certified copies of all neces- sary minutes, contracts, orders, or other documents (u). CCLXXXII. He shall, whenever required, give auvice, explana- tions, construction, or information to the district information *°'' officers, and to citizens, relative to the common school law, the duties of common school officers, the (8) Aet April 18, 1857, iec. 1, P. L. p. 2«3. (t) Act April 18, 1857, sec. S. P. L. p. 2«3 (u) Act May 8, 1854. sec. i«. P L p C27 OF PE.N.NSVLV ASIA 115 rights and duties of parents, guardians, pupils and all ofiicers, the management of the schools, and all other questions and matters calculated to promote the cause of education (v). He shall sign all orders on the State Treasurer for the payment of such moneys to the treasurers of the several giga all orj>i8 school districts, as they may be entitled to receive on" state Treas- from the State, and for all other moneys to be paid "''e''- out of the appropriation to common schools made by this act (w). CCLXXXIII. That it shall be the duty of the commissioners of each county to ascertain, triennially, with the commissiou'^rs assistance of the respective assessors, the exact report number number of taxable citizens residing in each school ot taxabies. district in their several counties, and to certify the same under their hands and seals of office, to tue Superintendent of Common Schools, who is hereby directed to adopt the number of taxables thus certi- fied to him as the basis of distribution of the State appropriation, which Stiid certificates shall be pre- Ras's for distri- pared and transmitted on or before the first Mon- priatfou" '''^^'^'^ day of June in every third year, commencing with the first Monday of June, A. D. one thousand eight hundred and sixty-five (x). CCLXXXIV. That if the commissioners of any county shall neglect to forward such certificate on or before when commls- said day, the superintendent may, in such case, sioners negelect adopt the number of taxables set forth in the <^"fy- next preceding certificate or return (y). CCLXXXV. That if any error in the certificate of taxables shall occur, whereby a district shall receive more or less of the State appropriation than is justly due to Errors, said district, the county commissioners shall have authority, and they are hereby required immediately to forward to the superin- tendent a correct list of taxables and the superintendent shall there- upon make it the basis of the appropriation due said district (z). 149. It is the duty of ilie commissioners of the respective counties to perform the acts and furnish the information required by the foreging section of the school law, as plainly and imperatively as in any other point of their oflicial functions. CCLXXXVI. He shall prepare blank forms for the annual dis- trict reports, with suitable instructions and prepare and for- forms for conducting the various proceedings and ward blank details of the system in a uniform and efficient forms. (v) Act May 8, 1854, sec. 10, P. L. p. 628. (w) Act May 8, 1854, sec. 46, P. L. p. 628. (x) Act April IT, 1865, see. 1, P. L. p. 61 . -5. (n) Act April 26, 1893, see. 2, r 1.. p. 24. (o) Act March 22, 1907, sec. 1, i\ L. p. 28. 9 120 SCHOOL LAWS AND DECISIONS The officers of the Directors' Association shall serve also as a program committee; and shall prepare a suitable mitfees" ^^""^ program for each annual meeting, secure compe- tent speakers, and perform such other duties as may be necessary to the success of the meeting. The county su- perintendent shall be ex-officio a member of the program com- mittee, and shall render such assistance to the officers of such association as they may require of him. To prepare a program for the first meeting, each county super- intendent shall appoint, from among the school Program for first oji-gctors of his county, a program committee of meetiug. g^^^ members. To defray the necessary expenses of these meetings, the county t easurer of each county shall pay to the treasurer Payment by the ^f the Directors' Association, from the county urors^ "*' funds, one dollar for each director attending the annual meeting, but in no case shall the sum paid exceed one hundred dollars for each meeting. But before he shall receive this appropriation, the treasurer of the Dii'ectors' Associa- tion shall present to the county treasurer a state- StHtement of ment, showing when and where the meeting was treasurer of Dl- held, how manv directors were present, what speak- i*f*f tors j\fi"^ooi3— TT» • tlon" "-'S were employed, and what expenses were in- curred (p). 150. It is illegal for a county superintendent to have a pecu- niary interest in a school in his county. The Legislature in fixing the salaries of county superintendents, intended that they should devote their whole time to their special duties. Besides, the pre- paration of teachers is now sufficiently provided for by the State normal schools. The State pays the salaries of the county super- intendents, and also makes appropriations to the normal schools; both interests must therefore confine themselves to their proper sphere and work in harmony. 151. Persons who will be engaged in other professions, w'hile at- tempting to discharge the duties of this office, should not receive the support of directors. The qualifications for this office, without which the person elected cannot be commissioned are literary and scientific acquirements, skill and experience in the art of teaching, and a sound moral character. 152. Irreproachable moral character is essential, and will not be dispensed with. This is as much a professional qualification of the teacher and of the officer who presides over teachers, as it is in any other profession. Intemperance, gambling, dishon- esty, or any other immorality that would degrade a minister of the gospel from his position will prevent the issue of the com- (p) Act March 22, 1907. brc. S P. L. p. 28. OF PENNSYLVANIA. 121 mission of county superintendents. Sufficient health and vigor of the body to bear the labors of the office are also indispensable. CCCII. That no person shall hereafter be eligible to the office of county, city or borough superintendent, in any county in this Commonwealth, who does not possess Quaiiflcationa. a diploma from a college legally empowered to grant literary de- grees, a diploma or State certificate issued according to law by the authorities of a State normal school, a profe.ssional certificate from a county, city or borough superintendent of good standing Lssued at least one year prior to the election, or a certificate of competency from the State Superintendent of Common Schools, nor shall such person be eligible unless he has a sound moral char- acter, and has had successful experience in teaching within three years of the time of his election: Provided. That serving as county, city or borough superintendent shall be deemed a sufficient test of qualifications; and the president and secretary of each convention of school directors held in any county, city or borough to elect a county, city, or borough superintendent, when certifying to the superintendent of common schools the name and address of the person elected county, city or borough superintendent, shall at the same time state the kind and character of the evidence upon which said convention relied for proof of the eligibility of the person so elected ; and the J?n.5fffil.*;.ftj°n to said Superintendent of Common Schools, if upon be'tunUsiiea. the examination of the evidence presented, it shall prove to be such as is required by this act. and no objection be maue, in accordance with section fourth of the act approved April seventeenth, Anno Domini one thousand eight hundred and sixty- five, shall issue a commission to the person elected commissiou. as aforesaid, as now required by law ; but if, vs'ben to bi. is- upon examination of said evidence of competency, sued. it shall not prove to be such as is required by this act, or if objection be made in accordance with said section of the act ap- proved April seventeenth. Anno Domini one thousand eight hun- dred and sixty-five, the said Superintendent of Common Schools shall appoint two competent persons, himself being the third, to examine the person so elected county, city or borough superintend- ent; and if, upon examination, he be found duly qualified for the office, the said Superintendent of Common Schools shall issue to him the usual commission ; but if not, the said Superintendent of Common Schools shall proceed in like manner in respect to the person receiving the next highest ^aae^^of objection number of votes in the convention of directors, who, if found qualified, shall receive the commission aforesaid as county, city or borough superintendent ; but if his qualifications are also found insufficient, the said Superintendent of Common Schools shall appoint, with the advice and consent of the Governor of 122 SCHOOL LAWS AND DECISIONS the Commonwealth, some other person with the required qualifica- tions, county, city or borough superintendent for the ensuing term of such office (q). CCCIII. That where new counties have been or may hereafter Election in new be created, under the provisions of the act approved counties. April seventeenth, one thousand eight hundred and seventy-eight, it shall be the duty of the school directors of the said new county to meet in convention at the county seat in said county, on the first Tuesday of May succeeding the erection o^ said county, and elect a suitable person to fill the office of superintend- ent of common schools of said county, in accordance with the gen- eral laws of this Commonwealth relating thereto, to serve until the end of the school year in which the next triennial convention of school directors shall be held for the purpose of electing a county superintendent in accordance with existing laws of this Common- wealth (r). CCCIV. That it shall be the duty of the nresident and secretary of the triennial convention of directors, to certify Name and ad- to the Superintendent of Common Schools the dress of county name ana postollice address of the person elected to^'be certified county superintendent in pursuance of the pro- visions ef the act of May eighth, one thousand eight hunared and fifty-four, and those of all the other candidates who receive votes, together with the amount of compensation fixed upon by the said convention ; upon the receipt of such certificate, if no valid objection be received within thirty days after the day of elec- tion, the Superintendent of Common Schools shall t^''issue°™™'^^'°° commission the person so elected, for the term of three years ; but if objections to issuing such commission be made within thirty days, and such objections be signed, among othei-s, by a majority of the members of not less than one-fifth of all the school boards in the county, from which such objections are received, and certified to. under oath or affirma- tion by at least three of the signers, the Superintendent of Com- mon Schools may require such evidence, under oath or affirmation, in regard to the legality of the election and the qualification of the person elected county superintendent, as he shall deem neces- sary, and then shall issue the commission to the person properly qualified, who received the greatest number of votes, and the Super- intendent of Common Schools, when engaged in the Proceedings In investigation of objections, filed against the issuing case of objection, of commissions to county superintendents, shall have power to issue subpoenas and administer (q) Act April 9, 1867, sec. 13, P. L. p. 56. (r) Act April 25, 1879, sec. 1, P. L. p. 32. OF PENNSYLVANIA. 123 oaths ; and any person refusing or neglecting to attend, and give evidence of such investigation, when legally subpoenaed shall be liable to the same fines and penalties as if he had refused to ap- pear and give evidence in the court of record, and the cost to be paid by the parties subpoenaing the witnesses (s). 153. The objections must either relate to the legality and va- lidity of the election, or to the qualifications of the candidate. The establishment by proof of a valid objection of either kind, will prevent the issuing of a commission. 154. Objection grounded on the disqualification of the person selected, are want of residence; want of moral chai'acter ; want of nhysical ability to discharge the duties of the office ; want of learn- ing, and want of professional skill. 155. Objections to be investigated by the superintendent must be signed by at least four members of one-fifth of the boards of directors of the county and shall also be signed by other citi- zens. CCCV. That every person selected or appointed county super- intendent of common schools shall, before entering _, . , upon the duties of his office, take an oath or office "* affirmation, before any judge of the court of com- mon pleas of the proper county, or before the Superintendent of Common Schools, who is hereby authorized to administer the same, that he will perform all the duties of county superintendent, during his term of office, honestly, impartially, diligently, and according to law to the best of his skill and ability ; which saiu oath or affirmation, being subscribed by said county superintendent and attested by said judge or State Superintendent, shall be filed in the Department of Common Schools (t). 156. A superintendent cannot legally perform any official act until sworn into office by the proper authority. A copy of the oath must be filed in the office of the prothonotary, and a copy for- warded to the Department of Public Instruction. CCCVI. It shall be the duty of the county superintendent to visit, as often as practicable, the several schools of his county, and to note the course and method of fc'ifoois^'^^*^ ^^'^ instruction, and branches taught, and to give such directions in the art of teaching and the method thereof, in each school, as to him (together with the directors and controllers), shall be deemed expedient and necessary; so that each school shall be equal to the grade for which it was established, and that there may be, as far as practicable, uniformity in the course of studies in schools of the several grades respectively (u). (s) Act April 16, 1865, sec. 4, P. L. p. 63. (t) Act April 11, 1862, sec. 14, P. L. p. 475. (u) Act May 8, 1854, sec. 37, P. L. p. 625. 124 SCHOOL LAWS AND DECISIONS CCCVII. That it shall be the duty of each county superintend- ent to see that in every district there shall be See that certain taught orthograpliy. reading, writing, English taughtf^ ^'^^ grammar, geography, and arithmetic, as well as such other branches as the board of directors or controllers may require. In case the board of directors or con- trollers shall fail to provide competent teachers His duty on to teach the several branches above specified, it vfi'"'com*'e''"'°t ^^^^^ "^^ ^^^^ ^^^^ °*' ^'^^^ county superintendent to te'achers.^ '^° notify the board of directors or controllers, in writ- ing, of their neglect, and in case provision is not made forthwith for teaching the branches aforesaid, to report such facts to the Superintendent of Common Schools, whose duty it shall be to withhold any warrant for the quota of such district of the annual State appropriation, until the county state appropria- superintendent shall notify him that competent held. ^ ^ ^^ ' teachers of the branches aforesaid have been em- ployed. And in case of neglect or refusal of the Doard of directors or controllers to employ such competent teachers as aforesaid, for one month after such notification by the county superintendent that such teachers have not been provided, such district shall forfeit absolutely its whole quota of the State appro- priation for that year (v). CCCV'III. That after the passage of this act, no teacher in this Commonwealth shall receive from a county, city Qualification of ^^' '^oi'ough superintendent, a certificate, as a teacher.' teacher who has not a fair knowledge of ortho- graphy, reading, writing, geography, English gram- mar, mental and written arithmetic, history of the United States, and the theory of teaching, nor shall such certificate be given any person who is in the habit of using, as a beverage. Persons of II. tcm- fjj,y intoxicating drinks, and all certificates given to' re^ licen^t^a.°° ^'^ teachers shnl! set forth the branches in which those holding them have been found proficient, and indicate, by suitable marks, the degree of that proficiency (w). CCCIX. That after the first Monday of June, one thousand nine hundred and two, no teacher in this Common- teae'hers. ''^ wealth shall receive from a county, city or borough superintendent, a certificate as a teacher who has not a fair knowledge of orthography, reading, writing, geography, English Grammar, mental and written arithmetic, history of the United States, the theory of teaching, and civil government, in- (v) Act May 8, 18.')4, sec. 38, P. L. p. 625. (w) Act April 9, 18G7, sec. 11, P. L. p. 65. OF PENNSYLVANIA. 125 eluding State and local, and elementary algebra; nor shall such certificate be given to any person Disquaimcatious. who is in the habit of using, as a beverage, any intoxicating drinks, or habitually takes opium ; and all certificates given to teachers shall set forth the branches in which certificates. those holding them have been found proficient, and indicate by suitable marks the degree of that proficiency (x). 157. The validity of permanent certificates is not affected in any way whatever by this act. The holder of such a certificate is not required to undergo au examination in civil government and elementary algebra unless the board requires these subjects to be taught in the school where the holder is employed. The profes- sional certificates will be valid until the close of the school year ending in June, 1903, without an examination in these branches, unless the subjects are required to be taught. in the school where the applicant is employed. The introduction of civil government and elementary algebra into the public schools is entirely optional with the directors. CCCX. That physiology and hygiene, which shall, in each divi- sion of the subject so pursued, include special refer- „, , , ence to the effect of alcoholic drinks and stimulants bvJienl°mus't be and narcotics upon the human system, shall be tiught. included in the branches of study now required by law to be taught in the common schools, and shall be introduced and studied as a regular branch by all the pupils in all departments of the public schools of the Commonwealth, and in all educational in- stitutions supported wholly or in part, by money from the Com- monwealth (y). CCCXI. That a system of humane education, which shall include kind treatment of birds and animals, shall be in- humane educa- cluded in the branches of study now required by tiou to include law to be taught in the common schools ; such in- kind of treat- struction to he given to all pupils, up to and in- m'^'"t «? l'''"''^ eluding the fourth grade, of the public schools of ''"'' ammaia. the Commonwealth, and to consist of not more than half an hour each week, during the whole term of the school (z). Clause 2. That no experiment upon any living Experiment on creature, to demonstrate in physiology shall be Hviug creauires permitted in any public school of the State. forbidden. Clause 8. The principal or teacher in every school shall certify, in each of his or her monthly reports to the school- board, that such instruction has been given in the ^^onthly reports, school under his or her control. (x) Act May 21, 1001, sec. 1, P. L. p. 269. (y) Act April 2, 18S5, sec. 1, P. L. p. 7. (z) Act March 27, 1905, P. L. p. 60. 126 SCHOOL LAWS AND DECISIONS Clause 4. This act shall take effect immediately (a). CCCXII. It shall be the duty of county, city, borough super- intendents, and boards of all educational institu- Superlntendent tions receiving aid from the Commonwealth, to re- of &m ^^ port to the Superintendent of Public Instruction any failure or neglect on the part of boards of school directors, boards of school controllers, boards of education, and boards of educational institutions receiving aid from the Com- monwealth, to make proper provision in any and all of the schools or aistricts under their jurisdiction for instruction in physiology and hygiene which, in each division of the subject so pursued, gives special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the human system as required by this act ; and such failures on the part of directors, controllers, boards of educa- tion, and boards of educational institutions receiving money from the Commonwealth thus reported or otherwise satisfactorily proven, shall be deemed sufficient cause for withholding the warrant for State appropriation of school money to which such be^withheld district or educational institution would otherwise be entitled (b). CCCXIII. No certificate shall be granted any person to teach m the public schools of the Commonwealth or Teachers mast in any of the educational institutions receiving be examined In money from the Commonwealth after the first hygiene"^ *"* Monday of June, Anno Domini one thousand eight hundred and eighty-six, who has not passed a satis- factory examination in physiology and hygiene, with special refer- ence to the effects of alcoholic drinks, stimulants and narcotics upon the human system (c). 158. Regular instruction must be given in physiology and hygiene the same as in other legal branches of study, otherwise the law authorizing and requiring the introduction and study of this branch will not be fairly complied with. 159. Oral instruction, from the necessity of the case, may be given by the teachers in charge of the primary grades of the schools in w-hich the children are too young to make profitable use of text books on the subject. But suitable books, properly adapted to the age and comprehension of the pupil must be studied by all scholars who are capable of learning in this way. 160. The subject must be systematically studied as well as taught, which cannot be done successfully without text-books in the hands of the scholars. The proper preparation of the lessons assigned to (a) Act March 27, 1905, sees. 1-4, P. L. p. 60. (b) Act April 2, 1885, sec. 2, P. L. p. 7. (c) Act April 2, 1885, sec. 3, P. L. p. 7. OF PENNSYLVANIA. 127 the pupils in the daily exercise of the schools makes the use of text-books absolutely necessary, even if the law did not peremptorily require their general introduction as it does in this instance. 161. It is the duty of directors and controllers to see that the provisions of the law are fully complied with in all departments of the schools under their official jurisdiction, and in the per- formance of this duty they ought to have the hearty co-operation of tne patrons of the schools. 162. It is the manifest intention of the school law to give every child in the State of proner age an opportunity of attending school at least seven months in each year. If the directors refuse or neglect to airord such opportunity, they may be removed from office. 163. The selection of books is left entirely to the directors, with the advice of the teachers. Superintendents, if asked, may freely express their opinion of a book, but in no manner encourage its introduction or employment in the schools as a text-book. No written recommendation, designed to introduce particular books, charts, maps or any other article of school supplies into the com- mon schools should ever be given by a superintendent. CCCXIV. That all vacancies in the office of county superintend- ent shall be filled by the appointment of the Super- intendeut of Common Schools, until the next tri- Jned"""' '""^ ennial convention of directors, when any existing vacancies shall be filled by election in the usual manner for the full term of three years (d). 164. Removal from office of the county superintendent will take place for "neglect of duty, incompetency or immorality," but in all cases the charge must be in writing and be sustained by proof at a hearing, after full notice to the accused party. CCCXV. That from and after the passage of this act it shall oe the duty of the county commissioners of each county in this Commonwealth, and they are here- fuyerin°endenr^ by authorized and required to provide, furnish and maintain, fit and suitable office rooms, at the respective county seats of said counties, for the use of the county superintendents of schools in all the counties of the Commonwealth, and the said county commissioners shall also provide, furnish and maintain safe and suitable storage, in connection with such office, rooms, for the preservation and safe keeping of the school records, books and documents pertaining to such offices (e). (d) Act May 8, 1854, sec. 44, P. L. p. 627. (e) Act Jvine 8, 1891, sec. 1, P. L. p. 228. 128 SCHOOL LAWS AND DECISIONS CCCXVI. That it shall bo the duty of the county officials of the DntT nf ,.n„„tv ^arious CGuuties of this Commouwealth to furnish, officials. on application therefor, to the head of any de- . partraeut of the government of this Commonwealth, such information and copies of such records or documents contained in the respective offices of such county officials as in the opinion of such head of department may be necessary or pertinent, to the work of his respective department the official so furnishing in- rnmnpr.<.,tir.T. formatlon shall receive for his services in copying How payable: ^°^^ forwarding the same such reasonable com- pensation as the Auditor General may detei-mine, anu be paid by the State Treasurer out of moneys not otherwise appropriated upon warrant from the Auditor General (f). CCCXVII. That the "Pennsylvania School Journal" shall be „ , recognized as the official organ of the Depart- Schwi Journal "^^^^ ^^ Common Schools of this Commonwealth, official organ. 1" which the current decisions made by the Super- intendent of Common Schools shall be published free of charge, together with all official circulars, anu such other letters of explanation and instruction as he may find it necessary or advisable to issue from time to time, including his annual report; and the Superintendent is hereby authorized to subscribe for one A conv to be sent ^^^^^ °^ ^^^'^^ "School Journal," to be sent to each to each board board of school directors in the State, for public use and charge the cost thereof to the contingent expenses of the Department of Common Schools (g). 105. The appropriation acts of late years, instead of author- izing a subscription to the "School Journal," name a specified sum that shall be at the disposal of the State Superintendent for the purpose of "publishing and circulating among the school officers of the State the official decisions and instructions of the Department." This appropriation is equivalent to a subscrip- tion, as these decisions and instructions are required by law to be published in the "Journal." 3(50. The Journal is the official organ of the Department of Public Instruction, and the decisions, advices, explanations, con- struction and information, with the instructions and forms pub- lished in the official department of it, are of equal authority and force as if they were contained in this digest. 107. The copy sent to the secretary of each district at the cost of the State is to be laid before the board at the next meeting after its receipt, and the file thus received is to be preserved by the secretary and handed to his successor. (f) Act April 14, 1897, V. L. p. 22. (g) Act May 8, 18.55, sec. 9, T. L. p. .511. OF PENNSYLVANIA. 129 168. Each board has the right to subscribe for one copy of the "Journal" for each member, at the cost of the district, as a means of information in relation to the duties of their offices, and the general condition and operation of the system in other parts of the State. CCCXVIII. That it shall be the duty of the county superin- tendent to examine all the candidates for the profession of teacher (in the presence of the ^^pj^enf*^'"" board of directors or controllers, should they desire to be present, to -whom they shall first apply in his county), and to give each person found qualified a certificate setting forth the branches of learning he or she is capable of teaching ; and such examination and certificate shall be re- newed as often as any such teachers shall be employed in teach- ing any branch of learning other than those enumerated in his or her certificate ; and no teacher shall be employed in any school to teach other branches than those set forth in such cer- tificate of said teacher: Provided, That the county superintendent may annul any such certificate t/ficates""' ^^^ given by him or his predecessor in oflice, when he shall think proper, giving at least ten days' previous notice thereof, in writing, to the teacher holding it, and to the direc- tors and controllers of the district in which he or she may be employed (h). 169. An examination of the teachers of a county in a body, or of those in several districts at one time, without formal consent of all the directors concerned, is clearly contrary to law. The presence of the directors of the district in whch the examina- tion is held, or an opportunity by notice to be present, is in all cases indispensable. Superintendents cannot therefore examine applicants for certificates in districts or counties where they have no official jurisdiction. 170. Applicants of known or proved immoral habits are not to be examined at all, no matter what their .literary or profes- sional claims. The examination of persons to whom no certi- ficate could issue would be but waste of time. 171. Certificates of any class granted by a county superintend- ent may be annulled by him, but only for cause. The same causes that justify a board of directors in discharging a teacher should be the rule with the county superintendent. These are incompetency, cruelty, negligence and immorality. And there should be a charge and a hearing in all cases, unless the facts are personally and officially known to the superintendent. (U) Act May 8, ]8.o4, .sec. 41, P. L. p. 636. 130 SCHOOL LAWS AND DECISIONS 172. Dismissal from the profession should not take place, ex- cept for some cause known or proved to the satisfaction of the county superintendent. The words of the law, taken literally, confer the arbitrary power without reason assigned, or hearing. But no person fit for that responsible office will attempt to exercise it in such manner. If the cause become officially known to the county officer in the discharge of duty, neither charge formally made nor hearing is required. But if not so known, the charge is to be preferred in writing, due notice of it given, and a full hearing conceded. 173. Public notice of the annulment of a certificate should be given, unless the holder voluntarily gives it up to the county superintendent, on the decision of the case against him. This notice, or the resignation of the certificate, is necessary to pre- vent the party from obtaining employment elsewhere ; and a teacher with an annulled certificate is to be forthwith dismissed from the school. _ 174. Intemperance, dishonesty, or other immorality is suffi- cient to justify the annulment of a certificate by a county su- perintendent. He is not merely to annul for want of profes- sional knowledge. A good moral character is as much a requi- site of the teacher as literary attainments. This is true also of superintendents of schools. CCCXIX. That the county superintendent shall annually on . , ^ , or before the first Monday in June, forward to bounty superin- ^he Superintendent of Common Schools the re- tendents ports of the several school districts of their re- spective counties, and shall also themselves make an extended report of the condition of the schools under their charge, suggesting such improvements in the school system as they may deem useful, and giving such other information in re- gard to the practical operation of common schools, and the laws relating thereto, as may be deemed of public interest (i). 175. The annual reports of the districts and the affidavits and certificates are to be forwarded to the proper county superintendent, and after being found to be correct, are to be marked "approved," signed by him, and forwarded to the De- partment of Public Instruction. If not correct, they are to be returned by him to the proper board to be made so, and then forwarded. 176. The annual report required by law is to be prepared and signed by the old officers of the board, and they are also to make affidavit to the facts necessary to secure the State appro- priation. These documents are then to be placed in the hands of the new board, to receive the names and addresses of the officers, and be transmitted to the county superintendent. (1) Act May 8, 1854, sec. 42, P. L. p. 627. OF PENNSYLVANIA. 131 177. All the district reports must be on file in the Department of public Instruction by the fifteenth of July annually. If detained beyond that time, the delay causes very serious em- barrassment in the operations of the Department. CCCXX. That the county superintendent of each county in this Commonwealth is hereby authorized and „ ., required, once in each year, at such time and institute "^^ place as he or a properly authorized committee of teachers acting with him, may deem most convenient, to call uiion and invite the teachers of the common schools, and other institutions of learning in his county, to assemble to- gether and organize themselves into a teachers' institute, to be devoted to the improvement of teachers in the science and art of education, to continue in session at least five days, in- cluding a half day for going to and a half day for returning from the place of meeting of the said institute, and to be presided over by the county superintendent, or by some one designated by him, and be subject in its general management, to his control (j). CCCXXI. That each county superintendent, upon the assem- bling of the teachers' institute of his county, shall cause a roll of members to be prepared. Calling of roll, which roll shall be called at least twice every day during the session of the institute, and all absentees to be carefully marked, and from which, upon the adjournment of the insti- tute, he shall ascertain the exact number of teachers who were in attendance, and the length of time each attended ; and upon the presentation of a certificate, at the close of the session of each annual institute, setting forth these facts, and signed by the county superintendent, to the treasurer of the proper county, he is hereby authorized and required to pay immediately, out of any money in the County treasurer county treasury not otherwise appropriated sunf.'^^ a cer a n to the county superintendent, one dollar for every three days spent by the teachers of the county in attend- ance at the institute for that year, or so much of it as may be needed ; such money to be expended by the county super- intendent in procuring the services of lecturers and instructors for the institute, and in providing the necessary apparatus, books and stationery for carrying on its work: Providing, That the amount which may be drawn from the county treasury shall in no case be more than Proviso, two hundred dollars, but may in all cases, be sixty dollars ; if it shall appear, from the vouchers presented by the county super- (3) Act April 9, 1867, Bee. 2, P. L. p. 52. 132 SCHOOL LAWS AND DECISIONS intendent to the county auditors, as required by the fourth sec- tion of tais act, that this sura has been actually expended for the purposes herein specified (k). CCCXXII. That all boards of school directors and board of controllers shall be and are hereby authorized Teacbers to be and required to pay the teachers employed in auce '1"^°"' the public schools of the several districts with- in their jurisdiction, for attendance upon the sessions of the annual county institutes, in the respective counties (1). CC(J^vA.III. Compensation for institute attendance shall be based on the oflicial reports made to the sev- Compensatlon gj.jj] boards of directors or controllers, by the ovv compu <; . proper county, city or boroujih superintendent, who shall report the daily attendance of teachers to the re- spective boards by which they are employed, and such compen- sation shall be allowed by the directors or controllers, and paid by the district treasurer to the teachers entitled to receive the same (m). CCCXXIV. Compensation, as herein authorized, shall not be less than the per diem pay for actual teaching: How much. Provided, That it shall not, in any case, ex- ceed two dollars per diem, and it shall be allowed and paid to tae teachers, in their respective districts, for each day's at- tendance, reported as aforesaid, by the proper superintendent: And provided, further, That a common school mouth shall con- sist of twenty daj's' actual teaching as now re- School moath. quired by law (n). ITS. Neither boards nor teachers have a legal right to make contracts which are not in accordance with the provisions of this act. CCCXXV. That it shall be lawful for the board of school di- rectors or controllers of any city or borough, oue^aa bavinK^^iiot '^"t>ic'h has elected a superintendent and em- less than fifty ploys not less than seventy-five teachers, by teachers may resolution at any stated meeting and duly re- hoki separat-' In- corded to authorize the holding of separate ^*^ ^"^^^ annual teachers' institute for said city or bor- ou;ih, and in all matters pertaining to the holding of institutes shall be in no wise subject to the authority and jurisdiction of the superintendent of the schools of the county in which said (k) Act April 9, 1867, sec. 3, P. L. p. 52. (1) Act April 13. 1887, sec. 1, P. L. p. 20. (m) Act April 13, 1887, sec. 2, P. L. p. 21. (n) Act April IS, 1887, sec. 3, P. L. p. 21. OF PENNSYLVANIA. 138 city or borough is located ; and, when the holding of said sepa- rate annual institute shall have been so authorized as afore- said, the superintendent of the schools of said city or borough shall have power to call a teachers' institute, and to draw from the county treasury moneys for the support of the same ; in like manner and to the same extent as the county superintend- ents of this Commouwealth are now empowered to do, and the said annual institute shall have power to elect a committee on permanent certificates in and for said city or borough, as county institutes are now empowered to do for their respective counties (o). Note. — Act June 28, 1895, P. L. p. 41.5, changes seventy-live to fifty as the minimum number of teachers required for a sepa- rate annual institute. CCCXXVI. Be it enacted, etc.. That city and borough teach- ers' institues may be held, through out the school year, on any five days, or any ten half-days, ^'J^^ ?°.'* Ji"'". which the city or borough superintendent of fuftitutes ^"^^ schools may select for this purpose (p). CCCXXVII. That each county superintendent who may draw money from the county treasury for the pur- poses named in this act, shall file his account ^^"1* ifccouur'^' of all expenditures under the act, in the office of the county treasurer, with vouchers for the same, which will be examined by the auditors of the county in like manner PS other county expenditures ; and any misaoplication of funds shall be punished in the same manner as collectors of State and county taxes for like offenses are now punished (q). CCCXXVIII. That all county superintendents, upon the ad- journment of the teachers' institutes held in their respective counties are herebv required to report -^^"^* report to to the Superintendent of Common Schools the fendent ^^"^ number of teachers in attendance, the names of the lecturers or instructors who officiated, the subjects upon which the instruction was given and the degree of popular interest awakened by the proceedings (r). 179. County superintendents are required to forward to the Department of Public Instruction a report of the annual county institute, setting forth in detail the items called for by the form prescribed by the Superintendent of Public Instruction. (o) Act May 24, 1887, sec. 1, P. L. p. 196. (p) Act April 4, 1907, sec. 1, P. L. p. 43. (q) Act April 9, 1867, sec. 4, P. L. p. 53. (r) Act April 9, 1867, sec. 5. P. L. p. 53. 134 SCHOOL LAWS AND DECISIONS CCCXXIX. County, city and borough superintendents shall _ . , ,,- issue two grades of teachers' certificates, one cau«r *^" of which shall be called a provisional certifi- cate, and shall be given to applicants possess- ing a fair knowledge of the branches named in section eleven, or to those who, possessing a thorough knowledge of the branches, have little or no experience in teaching, and shall license the holder to teach in the county, city or borough where issued for one year, and which shall not be renewed without a re-examination, and the other shall be called a professional cer- tificate, and shall be given only to those who Hficafe ° ^^^' possess a thorough knowledge of the branches above named and who have had successful ex- perience in teaching, and shall license the holder to teach in the county, city or borough where issued, during the official term of the county, city or borough superintendents issuing it, and for one year thereafter: Provided, That all so- Proviso. called profesional certificates heretofore issued by any county, city or borough superintendent, shall cease to be valid on the first Monday of June, one thousand eight hun- dred and sixty-eight, except those issued since the first Mon- day of June, one thousand eight hundred and sixty-six, which certificates shall be valid as long as others issued during the present term of the superintendency: Provided, Proviso. That any professional certificate may be re- newed by a county, city or borough superintendent without re- examination, after having fully satisfied himself by personal observation in his or her school, of the competency and skill as a teacher of the person holding it: Provided further. That the State Superintendent of Common Schools shall cause to be prepared a new grade of teachers' certificates, to be called a permanent certificate, which shall be granted by him to prac- . ., tical teachers holding professional certificates, Permanent ctrtl- ^pon the recommendation of the board or boards of directors in whose employment the Recommendation applicant shall have taught for the three pre- re }*°s'^^ **' ^^' ceding annual school terms, which shall be "^ ^^ ' countersigned by the proper county, city or borough superintendent in office when the application shall be made and approved, after examination, if they deem it nec- essary, by a committee of five teachers, a part of whom may be females, holding permanent certificates, if there be so many holding such certificates ; but if there be none or not sufficient number of that grade of teachers, the committee shall be con- stituted wholly or in part, as the case may be, of teachers holding professional certificates ; said committee to be elected OF PENNSYLVANIA. 135 by ballot by the members of the teachers' institute, at its an- nual session, from the same county, city or borough in which the applicant resides at the time of making the anplication ; and such permanent certificates shall continue to be valid in such county, city or borough, unless forfeited accoruing to the provisions of this act; shall also entitle the holder to teach one year in any other county, city or borough in this Common- wealth, without re-examination, at the end of which time it may be ondoreed by the proper county, city or borough superintendent, if, from personal ^^^^ ^^ indors-ed. knowledge, he deem it worthily held, and it shall then con- fer upon the holder the same rank and privileges as in the county, city or borough where issued ; and such permanent certificate shall only be annulled upon complaint duly proven of incompetency, cruelty, negligence or immorality made to the State Superintendent of Common Schools, by a county, city or borough superintendent, and a committee of teachers elected and constituted as aforesaid (s). 180. A provisional certificate is valid for one year from the date of issue in the county, city or borough in which it was granted. It cannot be renewed without a re-examination of the holder, and cannot be made valid in any other county, city or borough by the official endorsement of a superintendent therein. CCCXXX. That all examinations for permanent certificates for teachers in the common schools, shall be by written questions and answers ; and in case f ^r^nerni^ue^'t the examination of the applicant is satisfactory certificates. " to committee of teachers on permanent certifi- cates, the list of questions and answers, with all other papers accompanying the application, shall be forwarded to the Depart- ment of Public Instruction, and if approved by the Superintendent of Public Instruction, he shall issue and forward to the appli- cant a permanent certificate in accordance with the recommenda- tion made by the committee as now required by law: Provided, That the questions shall be answered immediately and in the presence of the committee (t). CCCXXXI. That the Superintendent of Public Instruction shall cause to be prepared a new grade of teacher's certificates to be called a permanent fj"cafe°^'^'^ ""^ certificate, which shall be granted by him to practical teachers holding professional certifi- hqw and to cates upon the recommendation of the board whom granted. (s) Act April 8, 1867, sec. 12, P. L. p. 55. (t) Act June 23, 1883, sec. 1, P. L. p. 156. 10 136 SCHOOL LAWS AND DECISIONS or boards of directors in whose employment the applicant shall have taught for the three preceding annual school terms, which shall be countersigned by the proper county, city or borough superintendent in office when the application shall Fvnminitinn h» ^^ made, and approved, after examination, by commutee ^ committee for each county or city in case a separate teachers' annual institute is held therein, which committee shall consist of three practical teach- ers holding a valid teachers' certificate, who Members of com- shall be appointed and commissioned as ex- Sntment aminers for a term of three years by the Super- intendent of Public Instruction, and who shall be subject to removal by him at any time, and such permanent ccr- ^ , , - tificates shall continue to be valid in such county, tia.-ates '^^'"" ^''^y o"" borough unless forfeited according to the provisions of this act, and shall also entitle the holder to teach one year in any other county, city or borough in this Commonwealth, without re-examination, at the end of which time it may be endorsed by the proper county, city or borough superintendent, if from personal Endorsemeurg. knowledge, he deem it worthily held, and it shall then confer upon the bolder the same rank and privileges, as in the county, city or borough where issued, and such permanent „ g , certificates shall only be annulled upon com- be"" annulled.'""^ plaint, duly proven of incompetency, cruelty, negli- gence or immorality made to the State Superin- tendent of Common Schools by a county, city or borough superin- tendent and a committee of teachers elected and constituted as aforesaid (u). 181. No committee on teachers' certificates should consent to investigate the case of an applicant until a recommendation in his favor, signed by the proper directors and county superin- tendent, in the form required by this Department, is" presented to them. No teacher can make legal application for a per- manent certificate who has not taught "the three preceding an- nual school terms in the public schools of this Commonwealth." 182. Any teacher desiring to apply to the State Superintendent for a permanent certificate should procure from the county superintendent, and fill up, the necessary blanks and present them to the proper authorities for their action and signatures. They should first be presented to the board or boards of directore, next to the county superintendent, and afterwards to the com- mittee on teachers' certificates. Teachers of private schools can- not obtain permanent certificates, and are not eligible to mem- bership on the committee. (u) Act June 28. 1895, sec. 1, P. L. p. 417. OF PENNSYLVANIA. 137 383. Applications for permanent certificates must be approved by the county superintendents of all the counties in which the applicant taught for the three annual terms immediately pre- ceding the time of making such application. For instance, if a teacher during this time should have taught in two counties, he must have the signatures of both county superintendents to his application ; if he has taught under the supervision of three superintendents, whether of county, city or borough, the application must be approved by the several superintendents. CCCXXXII. That after the passage of this act the State Superintendent of Public Instruction be em- powered to, and shall grant, without exam- ,^f,Vs'tate fe^ch- ination, permanent fetate teachers certincates g^-g. certiBeates. to all applicants therefor who are graduates of recognized literary or scientific colleges legally empowered to confer the degrees of Bachelor of Arts (B. A.), Master of Arts (M. A.), Bachelor of Science (B. S.), Master of Science and Bachelor of Philosophy (I'h. D.), and whose course of study embraces not less than four collegiate years: Provided, Said applicants are at least twenty-one years of age and have taught at least three full annual terms in the public schools of the Commonwealth: Provided ^^onditions. further, That each applicant shall produce to the said State Su- perintendent of Public Instruction a certificate from the school board or boards, countersigned by the county superintendent of the same county where he or she last taught, showing that the said applicant is a person of good moral character, has been successful as a teacher in the public schools during said term: And provided further. That said certificates shall be granted by the State Superintendent of Public Instruction after having received satisfactory evidence from the said applicants that they have complied with the requirements of this act (v). CCCXXXIII. That the forms of apniication shall be sub- mitted by applicants, and the certificates to be issued in accordance with the provisions of int^n^lnt of rub"-" this act shall he prescribed and determined ug lustructi- n. by the Superintendent of Public Instruction, and he shall have authority to annul such certificate granted by himself or predecessors in office upon complaint, duly proven, of incompetency, cruelty, negligence or immorality on the part of the holder thereof (w). CCCXXXIV. That for the purpose of establishing interstate comitv in permanent licenses to teach, the Su- perintendent of Public Instruction of the State f"*';"*!*!^^''^.'*'' of Pennsylvania be, and he is hereby, authorized censes. to endorse Normal School diplomas and perma- (v) Act of May 10, 1893, sec. 1, P. L. p. 39. (w) Act of May 10, 1893, sec. 2, P. L. p. 40. 13S SCHOOL LAWS AND DECISIONS nent certificates granted to teachers in other states in the Union: Provided, That such Normal School diplomas Proviso. oj. permanent certificates are valid licenses to teach in the states by whose authorieis they were issued: And provided further, That such diplomas or cer- Provlso. tificates be accompanied by recommendations showing the holder to have taught successfully within two years, and such Normal School diplomas and permanent certificates, when so endorsed, shall be available for like purpose, and have the same force and effect, as certificates of like grade, for like purpose, by the Superintendent of Public Instruction of this Commonwealth (x). CCCXXXV. Provided further, That the provisions of this act Limitation of shall be extended only to those states which by the provisions of l^egislative enactment grant the same privilege **^*' to teachers of this Commonwealth (y). CCCXXXVI. The Superintendent of Public Instruction shall have authority to annul such Normal School Annulment. diplomas and permanent certificates, endorsed and validated by himself or predecessors in ofiice, upon com- plaint, duly proven, of incompetence, cruelty, negligence or im- morality on the part of the holder thereof (z). CITY Ai\D BOROUGH SUPERINTENDENTS. CCCXXXVII. That the school directors of any city or bor- ough in this Commonwealth, having a popu- Cit'es, boronglis lotion of over five (a) thousand inhabitants, and townships May on the first Tuesday of May, one thou- having certain sand eight hundred and sixty-nine, and every population may third year thereafter, elect, viva voce, by a tendent."^^''°" majority of the whole number of directors present, one person of literary and scientific acquirements and skill and experience in the art of teaching, as city or borough superintendent, for the three succeeding school years, and the said school directors shall determine the amount of compensation for said city or borough super- intendent, which compensation shall be paid by the same offi- cers as pay the salaries of teachers in such school district, (x) Act May 11. 1901, see. 1, P. L. p. 185. (y) Act May 11, 1901, sec. 2, P. L. p. 184. (z) Act May 11, 1901, sec. 3, P. L. p. 184. (a) Act June 10, 1881, sec. 1, P. L. p. 97. OF PENNSY1.VANIA. 139 and in the same manner as such salaries are now paid: Pro- vided, That nothing in this act shall prevent the directors of any city or borough from Proviso, electing a superintendent to serve from time of election until the commencement of the school year one thousand eight hundred and sixty-nine, from filling a vacancy, should any occur, for the unexpired term of said office: Provided also. That the president of the Pr'''<'iso. board of directors or controllers of any city or borough in this Commonwealth shall, at any time after the passage of this act, if so requested in writing by seven directors or con- trollers, call a convention, giving at least five days' notice thereof to all the directors of said city or borough, to deter- mine whether they will elect a city or borough superintendent in accordance with the provisions of this act ; and if, at such meetings, it shall be decided to hold such an election, the said directors shall again convene at the time appointed by this section of this act, or at any other time, in accordance with its provosions, and at a place fixed upon by themselves, when they shall proceed to carry their determination into effect in the same manner as is done by conventions held for the elec- tion of county superintendents ; and all subsequent conventions for carrying into effect the purposes of this act shall be called in the same manner by said president of the board of directors or controllers of such city or borough (b). CCCXXXVIII. That it shall be the duty of the president and secretary of the meeting of the directors of any city or borough at which a city or bor- eiectwn"^ ough superintendent has been elected, to cer- tify to the Superintendent of Common Schools the name and address of the person elected city or borough superintendent in pursuance of the provisions of this act, and those of all other candidates who received votes, together with the amount of compensation fixed upon by said directors ; upon the receipt of such certificate, if no valid objection be received within thirty days after the day of election, the Superintendent of Common Schools shall commission the per- . . son so elected for the term for which he was <-o'Bmission. elected ; but if objections to issuing such commission be made within thirty days, the Superintendent of Common Schools shall proceed with the like power and in like manner as he is now required to do where objections are made against issuing com- missions to persons claiming to be elected county superin- tendent, (c). (b) Act April 9, 1867, sec. 7, P. L. p. 53. (c) Act April 9, 1867, sec. 8, P. L. p. 54. 140 SCHOOL LAWS AND DECISIONS CCCXXXIX. That from and after the appointment of a city or borough superintendent in any city or bor- Not to be sub- oimh in this Commonwealth, and the proper ject to authority notification of the Superintendent of Common intemleut^ ^"^^'" Schools of the fact, such city or borough shall not be subject to the authority and jurisdiction of the county superintendent of the county in which such city or borough is located, except that in the matter of holding the annual teachers' institutes, as provided by sections second, third, fourth and fifth of this act, in which the city or borough superintendent shall cooperate; nor shall the directors of such city or borough vote at any election for county superintend- ents (d). CCCXL. It shall be the duty of all city or borough superin- tendents to take a similar oath or affirmation Intendents ^^^^^' to that now required of county superintend- ents, to perform, within the limits of their several jurisdictions, all the duties now by law enjoined upon county superintendents, and to discharge such other duties as the by-laws, rules and regulations of the respective boards of directors may require; and it shall be their further duty, in ad- dition to an annual report, to report monthly Make annual re- ^q ^jj^ Department of Common Schools, such meetings. f«cts relating to their work and the condition of the schoofs under their charge as may be re- quired by the Superintendent of Common Schools, and to attend meetings of superintendents called by said Superintendent of Common Schools (e). Note. — Act of May 7, 1885, sec. 1. P. L. page 15, extends privi- leges of above act to townships having over five thousand in- habitants. CCCXLI. That the school directors of any township in this Commonwealth having a population of over ciTOT^of'°8^>Uoois' *'o"^ thousand inhabitants may, at the time in townships of of the annual election of teachers, elect viva over 4.000 la- voce, by a majority of the whole number of habitants. directors, one person, holding a permanent Normal school of this Commonwealth, as supervising principal of public schools of said township, or may employ one of the teachers of said township, having said qualifications to per- (d) Act April 9, 1S67, sec. 9, P. L. p. 54. (e) Act April 9, 3 867, sec. 10, P. L. p. ."jS. OF PENNSYLVANIA- 141 form the duties of supervising principal, for a term not ex- ceeding three years, at a salary to be fixed by the school board at the time such supervising Term, principal shall be elected or employed ff). CCCXTJI. Such supervising nrincipal when elected, shall dis- charge such duties as the county superintend- ent of public schools and the board of directors ^^,y,*;^ °^ P"°" by whom he was employed may require, and shall be removed from office in the same manner and for the same causes as teachers in the public schools may be re- moved (g). STATE NORMAL SCHOOLS. CCCXLIII. That for the purposes of the following act, the counties of Delaware. Chester, Bucks and Mont- i i i gomery shall form the first normal school district; kismets ° Lancaster, York and Lebanon the second ; Berks, Schuylkill and Lehigh the third; Northampton, Carbon, Monroe, Pike, Luzerne and Wayne the fourth ; Wyoming, Sullivan, Sus- quehanna, Bradford. Lycoming and Tioga the fifth ; Dauphin, Northumberland, Columbia, Montour, Union, Snyder, Perry. Ju- niata and Mifflin the sixth ; Cumberland, Adams, Franklin, Fulton, Bedford, Huntingdon and Blair the seventh ; Centre, Clinton, Clear- field. Elk, Potter. McKean, Jefferson, Clarion, Forest and Warren the eighth ; Cambria. Indiana, Armstrong and Westmoreland the ninth ; Washington, Fayette, Greene and Somerset, the tenth ; ^.^egheny, Butler and Beaver the eleventh, and Lawrence, Mer- cer, Venango, Crawford and Erie the twelfth (h). CCCXTilV. That the eighth normal school district of this Com- monwealth, as pi-ovided by section one of the act of May twentieth, one thousand eiffht hun- trjct dred and fifty-seven, be and the same is here- by divided, and from this date the said eighth normal school district shall consist of the counties of Centre, Clinton, Clear- field, Elk. Potter and Cameron and the counties of Jefferson, Clarion, Forest, Warren and McKean shall constitute the Thir- teenth district, and all laws or parts of laws inconsistent here- with be and they are hereby repealed (i). (f) Act June 25, 1901, sec. 1, V. L. p. 598. (g) Act June 25, 1901, sec. 2, P. L. p. 598. (h) Act May 20, 1S57, sec. 1, V. L. p. 581. • (I) Act May 8, 1874, sec. 1, I*. L. p. 120. 142 SCHOOL LAWS AND DECISIONS ESTABLISHMENT OF SCHOOLS. CCCXLV. That when any number of citiens of this State, Establishment ^°^ ^^^^ than thirteen, shall, as contributors of normal or Stockholders, erect and establish a school schools. for the professional training of young men and women as teachers for the common schools of the State, in accordance with the provisions of this act, such school may become entitled to its benefits, in the manner hereinafter set forth: Provided, however, That not more than one such school shall, at the same time, become and continue to be, entitled to such benefits in each of the foregoing normal school districts, and that this act shall not take effect till at least four such schools, in as many different districts, shall have complied and been recognized in accordance with the provisions of this act (j). CCCXLVI. That the pecuniary affairs of each of said schools Board of trus- shall be managed and the general control ex- tees, ercised, by a board of trustees (whose officers shall be a president and secretary who shall, and a treasurer who shall not, be members of said board), to be chosen by the contributors or stockholders on the first Monday of May, an- nually ; but no contributor or stockholder shall have more than nve votes at the election of trustees ; and no ^ot®^- religious test or qualification shall be required to entitle any one to become a contributor, stockholder, trus- tee, professor or student in any of said schools (k). CCCXLVII. That the pecuniary and other affiairs of each State Normal School shall be managed by Number of trus- j^ board of eighteen trustees, twelve elected edT^and* appoint- ' by the contributors or stockholders, and six ed appointed by the Superintendent of Public In- struction (1). CCCXLVIII. That the trustees on the part of the contribu- Trustees reure- *°^"^ °^ Stockholders shall be elected from their senting stock- own number, at a meeting to be held on the holders. first Monday in May, annually ^m). CCCXLIX. That the contributors or stockholdei-s, shall, at the annual meeting, select and nominate, to the Superintendent of Public Instruction, twice as many persons as are to be appointed from whom, if satisfactory to him, he shall appoint the required (j) Act May 20, 1857, sec. 2, P .L. p. 581. (k) Act May 20, 1857, sec. 3, P. L. p. 582. (1) Act April 12, 1875, sec. 1, P. L. p. 43. (m) Act April 12, 1875, sec. 2, P. L. p. 43. OF PENNSYLVANIA. 143 number, to act in the board as trustees on the part of the State ; but if the nominations so made be state trustees, not satisfactory to the said Superintendent of Public Instruction, he shall, with the advice and conrent of the Governor, choose others deemed more suitable (n). CCCL. That at the first annual meeting after the passage of this act of the contributors or stockholders of all normal schools now acting as State institutions, and at a meeting of the con- tributors or stockholders of all normal school associations apply- ing to the pi'oper authoi'ities for recognition as State normal schools, twelve persons shall be elected trustees on the part of such contributors or stockholders, Trustees, how four to serve for one year, four for two years, pointed ^^ four for three and thereafter only four persons are to be elected annually, to serve for three years ; and at the same time, said meetings of contributors or stockholders shall nominate twelve persons to the Superintendent of Public Instruc- tion, frem whom, if satisfactory, or if not, as hereinbefore directed, he shall appoint two trustees to serve for one year, two for two years, two for three years ; Term of service, the nominations for all subsequent years being limited to four, and the appointment of two to serve for three years (o). NOTE.— Act June 13, 1907, Sec. 4, P. L. p. 747 provides that the number of trustees for each normal school shall be appoint- ed, elected and serve as now provided by law except that nine shall be appointed to represent the Commonwealth, and nine shall be elected by the stockholders. CCCIjI. That seven trustees shall be necessary to constitute a quorum to do business ; and that after the ap- proval provided for in section seventh of the act Quorum. of one thousand eight hundred and fifty-seven, all changes in the by-laws and rules for regulating the proceedings . , , of the board must be approved by the Super- pe'rfnTemient^"" intendent of Public Instruction (p). CCCLII. That the powers and privileges of the two classes of trustees in the board shall be the same ; but it shall require a three-foui'ths vote of all the trus- A^^tjiree-fourths tees present at any meeting of the board to pass any motion or resolution on which the yeas and nays are called (q). CCCLIII. That so much of the sixth section of the act to which this is a supplement, as provides that it shall require a three-fourths vote of all the trustees ^odlfle/^*^*'*''' present at any meeting of the board to pass any (n) Act April 12, 1875, sec. 3, P. L. p. 43. (o) Act April 12, 1875, sec. 4, P. L. p. 43. (p) Act April 12, 1875, sec. 5, P. L. p. 43. (q) Act April 12, 1875, sec. 6, P. L. p. 43. 144 SCHOOL LAWS AND DECISIONS motioa or resolution on which the yeas and nays are called, be and the same is hereby repealed, except so far as relates to any motion or resolution for the sale of real estate belonging to the corporation, or for the purchase of any real estate by the cor- poration, or for creating any lien on said real estate by payment or mortgage, or for the expenditure of moneys appropriated by the State where such expenditure is not ' specifically designated by law, or for the surrender of the franchises of the corporation: Provided, That at any such meeting a majority of the whole board of trustees be present (r). CCCLIV. That all State appropriations made directly to Normal ., . schools shall be distributed through a commission, trSd. " consisting of the Governor, the Superintendent of Public Instruction, and the Attorney General, on such condition as shall protect the interests of the State, and to exact an ecjual justice to the several schools ; and the condi- tions of all such appropriations, when made to aid students in becoming teachers shall be fixed by the law making them (s). CCCLV. That no institution shall hereafter be recognized as a State Normal school with an indebtedness ex- lUufted ''^ ceeding one-third of the value of the property be- longing thereto, nor without being fully provided with buildings, furniture ana apparatus, as the law requires (t). CCCLVI. That in case the real estate of any State normal school, upon which the State has a lien or liens chase Tn^'cef"'^' ^^ mortgage, shall be exposed to sale by judicial tain cases. " process, it shall be lawful for the Governor, Su- perintendent of Public Instruction and Attorney General, or a majority of them, if in their opinion the interests of the State will thereby be promoted, to cause a bid or bids to be made on behalf of the State at any such sale, for such sum or sums of money as may, in their judgment, be necessary to secure and protect the interests of the Commonwealth, the title, in case the property shall be struck down at their bid, to be taken in the name of the Commonwealth: Provided, That in no case shall such bid or bids exceed the amount of said lien or hens, together with prior liens, if any such exist (u). (r) Act March 24, 1877, sec. 1, P. L. p. 37. (s) Act April 12, 1S75, sec. 7, P. L. p. 43. (t) Act April 12, 1875, see. 8, P. L. p. 44. (u) Act June 4, 1879, sec. 1, P. L. p. 89. OF PENNSYLVANIA. 145 CCCLVII. In case any real estate shall at any such sale be struck down on the bid of the officers aforesaid, they shall make return of their action in the Jf}^®" ""^^i ^s- premises to the Auditor General, who, upon pass- s"]^ '^ ing the account, shall give a certificate of the fact and amount payable out of any appropriation made or to be made for that purpose (v). CCCLVIII. There shall be and hereby is appropriated, to be paid out of any moneys in the treasury not other- wise appropriated, such sum or sums as may be '^.''^^ ^P. V^*^*^L required to meet the bids of said officers, upon o^'^a oi ^tate om- the amount being returned to and passed by the Auditor General as aforesaid (w). CCOLIX. That it shall not hereafter be lawful for any officer or member of the board of managers of an insti- tution, at any time when said institution is re- Officers of Instl- ceiving State moneys from legislative appropria- tutions receiving tions, to furnish supplies to such institution, no^^^seil'^ suDDlIes either by direct sale or sales through an agent or to same, firm, or to act as an agent for another in so fur- nishing supplies. Any person who may violate any of the provisions of this act shal be guilty of a misdemeanor, and upon con- viction therefor shall be punished by a fine not ^I'scleDaeanor. exceding five hundred (500) dollars, or by im- pjne and penalty, nrisonment not exceeding one year, or both fine anu imprisonment, at the discretion of the court (x). Gifts and Bequests. CCCLX. That after the said schools shall have been recognized by the provisions of this act, it shall be lawful for them to receive, hold and use, under the Quegtg^ direction of their trustees as aforesaid, any devise, bequest, gift, grant or endowment of property, whether real or personal, which may be made to them, and the same shall be so applied by the trustees as shall, in the opinion of a majority of them, increase the efficiency and usefulness of the said schools, subject, however, to any terras, conditions or restrictions which may be attached to such devise, bequest, gift, grant or endowment not inconsistent with the spirit and purposes of this act; and the said trustees shall have authority to bring suit in their name as trustees, and to do all other things necessary for the recovery, use and application of the same (y). (v) Act June 4, 1879, sec. 2, P. L. p. 89. (w) Act June 4, 1879, sec. .3, P. L. p. 89. (x) Act April 23, 1903, P. L. p. 285. (y) Act May 20, 1857, sec. 4, P. L. p. 582. 146 SCHOOL LAWS AND DECISIONS Annual Report by Trustees. CCCLXI. That the trustees of each of said schools, after being recognized under the provisions of this act, shall tees"'^'^ "^"^" annually, in the month of June,* furnished, under oath or affirmation of the president of the board of trustees, to the Superintendent of Common Schools, a full ac- count of its pecuniary condition, showing income and debts, if any, salaries and other expenses, and dividends declared, together with the number of students admitted and graduated, the branches taught, the apparatus procured, the improvements effected, and the cnanges made during the preceding year, and such other informa- tion as said Superintendent of Common Schools may, from time to time, by his general circular to all of said schools, require to De furnished ; and each of said schools shall always be open to the visitation and inspection of said Superintendent of Common Schools, and of the county superintendents of all the counties within its normal school districts (z). CCCLXII. That to entitle it to the benefits and privileges of this act each of said normal schools shall Requisites. possess the folowing requisites: Buildings. — Suitable buildings as hereinafter provided, and area of ground appurtenant thereto, of not less Buildings. than ten acres in one tract, the whole of which shall be prepared and used as a place for gymnastic exercises and healthful recreation by students, except so much thereof as shall be necessarily ocupied by the buildings, botanical and other gardens, and such other purposes as shall be plainly promotive of the great object of the institution (a). Hall, Room, t&c. — The buildings shall contain a hall of sufii- cient size to comfortably seat at least one thou- Haii, etc. sand adults, with class rooms, lodging rooms and refectories for at least three hundred students, all properly constructed and arranged as to light, heat and ventilation so as to secure the health and comfort of the occupants, with proper provisions for physical exercise during inclement weather (b). Library. — Each school shall contain a library room for the accumulation of books for the use of the students. Library. j^ cabinet for specimens and preparations to illus- trate the natural and other sciences, and such apparatus and (z) Act May 20, 1857, sec. 5, P. L. p. 582. (a) Act May 20, 1857, sec. 6, clause 1, P. L. p. 582. (b) Act May 20, 1857, sec. 6, clause 2, P. L. p. 583. ♦Note. — Changed to October, by act of April 11, 1862, sec. 15, P. L. p. 475. OF PENNSYLVANIA. 147 philosophical instruments as are indispensible for the same pur- pose (c). Professors. — Each school shall have at least six professors of liberal education and known ability in their re- spective departments, namely: One of orthography, Professors, reading and elocution ; one of writing, drawing and book-keeping ; one of arithmetic and the higher branches of mathematics ; one of geography and history; one of grammar and English literature; and one of theory and practice of teaching, together with such tutors and assistants therein, and such professors of natural, men- tal and moral sciences, languages and literature, as the condition of the school and the number of the students may require (d). Duties of Principals. — The principal of each normal school shall be a professor of such one of the six indis- „ ... pensable branches as may be assigned to him by and term*'oT.^ the trustees, and he shall be charged with the whole discipline and interior sovernment of the school in con- formity with such regulation as shall from time to time be adopted by the trustees and approved by State Superintendents of Com- mon Schools (e). Model School.— Each school shall have attached to it one or more schools for practice or model schools, with not less than one hundred pupils from the children ^^^odel schools, of the vicinity, and so arranged that the students of the Normal school shall therein acquire a practical knowledge of the art of teaching under the instruction of their proper professors (f). Note.— See also sections CCCLXIII, CCCLXIV. _ Qualification and Term of Study. — The qualifications for admis- sion into, and the course and duration of term of study, in all the schools shall be such as ^^^^l^^^^^t"^ shall be approved by and at a meeting of all gtndy. the nrincipals of the Normal schools then recog- nized under this act ; such meeting shall be called from time to time as he may deem expedient by the State Superintendent of Public Instruction, and to take place at one or other of the annual ex- aminations hereinafter provided for, except the first meeting, which shall , be held at such time and place as he may indicate; and at such meetings the acts of the majority of the principals shall be binding on all the schools in reference to the qualifications for admission and the course and term of study when approved by the State Superintendent of Common Schools (g). (c) Act May 20, 1857, sec. 6, clause 3, P. L. p. 583. (d) Act May 20, 1857, sec. 6, clause 4, P L. p. 583. (e) Act May 20, 1857, sec. 6, clause 5, P. L. p. 583. (f) Act May 20, 1857, sec. 6, clause 6, P. L. p. 583. (g) Act May 20, 1857, sec. 6, clause 7, P. L. p. 583. 148 SCHOOL LAWS AND DECISIONS Meetings of Principals. — That a meeting of the principals of Meetings of *^^ several normal schools, for the purpose of principliB. tixing upon a general course of study and arrang- ing other matters coming within their jurisdiction as a body, shall be called at Harrisburg by the Superintendent of Public Instniction whenever he shall deem it necessary, or upon a request so to do, made by three principals of State Normal schools (h). Text Books. — Text books to be used in each of said SiJhools shall _ be such as may be selected by its proper professors, ""°'^^- with the approbation of the trustees thereof (i). Private Students. — Students, other than those admitted on dis- PHvpfB «fn^.nt» *^^''^* account, to pay such sum for tuition as the h-nvate stu^f.nts. trustees shall determine ; but in the admission of such students, the preference always to be given to such as are assigned for the profession of teaching, and between private and public students a like preference to be given to the latter, in case of insufficiency of room to accommodate all who apply ; and no difference in the charge for boarding and lodging to be made in favor of any class of students (jj. CCCLXIII. That the requisites to entitle any school to the p'^o.^inof. , benefits of this act, or the one to which this is Examinatlous. ^ supplement, as set forth in the sixth section thereof, are hereby altered in the following particulars, viz: The pupils of the model school may or may not be from the im- mediate vicinity of the normal school with which it is connected, as in the discretion of the trustees thereof shall seem most ex- rn.t -^f t„u;^r. pcdicut. That the cost of the tuition of all classes ^osi or IUU.OD. of students, whether admitted on common school district account, private account, or whether they are actual school teachers shall be fixed by the tiiistees of the several schools; that the examination of students for graduation, if only one school be in recognized operation, shall be by the faculty thereof; if two schools shall be in operation, it shall be by the principals of all, or at least two of them ; and when more than three shall be in operation, the examination shall never be conducted by less than three principals, to be designated as prescribed by the twelfth paragraph of the sixth section of said act, of whom the principal of the school whose students are to be examined shall be FT«min5,tif,..<. hv o'l^',,-^"^ provided. That these examinations shall whom and In "^ ^^^ ^^''^^^s. be conducted in the presence of the what studies. Superintendent of Common Schools and the county superintendents of the proper districts, if they (h) Act April 12. 1875, sec. 10, p. L. p. 44. (i) Act May 20. 1857, sec. 6, clause 8, P. L. p. 583. (J) Act May 20, 1857, sec. 6, eUnse 10, P. L. p. 584. OF PENNSYLVANIA. 149 desire to attend, upon receiving due notice, that the certificate to graduates shall embrace such branches of learning, in addition to those or orthographj', reading, writing, English grammar, geo- graphy, and arithmetic, as shall be prescribed by the board of principals in accordance with the seventh paragraph of the sixth section of said act, or by the principal of the first school recog- nized, so long as only one shall be in operation; and the certifi- cate shall be signed by all the examiners, if less, and by at least two-thirds of them, if more than three, and also by the whole faculty of the proper school in every case (k). Note.— See Sections CCLV, CCLVI. CCCLXIV. That from and after the passage of this act it shall be lawful for the trustees of the State Normal schools now within the Commonwealth of Penn- ^'^l^^^lf ?^ ^°r sylvania, or that may hereafter be established school'^ dlreciors within said Commonwealth, and the school direc- may agree ns to tors of any school districts to enter into an ar- iustruction of rangement or agreement between such ' trustees certain pupils. and such school directors of such district by Model sciiooi which the pupils ,of sucj school district, or any portion of them as may be convenient to any school, may be in- structed at any such State normal school, and the expense of such instruction shall be paid as Expense may be agreed upon between the directors or controllers of such districts and the trustees of any of said normal schools. Such action of the said school district or teied'°oii mfnutls' districts and the trustees of such State Normal school shall be entered, respectively, upon the minutes of the said respective boards (1). CCCLXV. That all examinations of the graduating classes at the Normal schools shall be conducted by a board, of which the Superintendent of Public lustruc- Kxaminatious of tion or his deputy shall be president, of two pi'iu- classes.'"^ cipals of the Normal schools of whom the prin- cipal of the school where the students are to be Board of exam- examined shall be one, and not less than two or ^^^j^g^if_^^" ^^^^^ more than six county, city, borough or township superintendents, to be appointed by the Super- Appointment of intendent of Public Instruction (m). board. CCCLXVI. The expenses incurred by the members of the several (k) Act of April 15, 1859. sec. 2, P. L. p. 680. " Act June 28, 1895, sec. 1, P. L. p. 412. Act April 28, 1895, sec. 1, P. L. p. 41. ■s (1) (m) 150 SCHOOL LAWS AND DECISIONS b^Prd"^^" "' boards of examiners shall be paid by the State, as provided by existing laws, and the sum of two 2 000 directed to thousand aoUars, or so much thereof as may be be appropriaipd. necessary, shall be annually appropriated for that purpose (n). Number of Votes Required.— That no person shall graduate at a State Normal school, or receive a State certificate as a practical teacher unless by the affirmative vote of four out of five mem- bers of the board of examiners (o). 184. It is not in accordance with the true intent and meaning of the normal school law for a board of trustees of a State Nor- mal school to place the appointment of teachers and employes and the whole pecuniary and disciplinary control of it in the hands of a principal. 185. The law makes it the plain duty of boards of trustees to fix the charges for tuition and board, the salaries of teachers and wages of employes. It places the whole pecuniary management in their hands. The principal of such a school should receive a fixed salary like any other officer. He should have nothing to do with the pecuniary affairs of the school, except as the agent of the trustees. lS6._"Each school shall have at least six professors of liberal education and known ability in their respective departments, and the principal of each Normal school shall be a professor of such one of the six indispensible branches as may be assigned him by the tnistees." From this it is clear that the professors are all to be elected by the trustees, the principal included, and to each is to be as- signed by them his special duty as an instructor. The principal, of course, must have the supervision of the whole work of in- struction, but it is no part of his duty, under the law, to appoint teachers. 187. In the same section it is proA'ided that "He (the principal shall be charged with the whole discipline and interior govern- ment of the school, in conformity with such regulations as shall, from time to time, be adopted by the trustees and approved by the State Superintendent of Public Instruction." 188. This provision is in conformity with the whole law. It make.s the trustees the highest authority in matters relating to the discipline of the school, as they are in the management of its pecuniary affairs and the election of the members of its faculty. 189. The State, in the general appropriation act of April 11, 1866, pp. 73-74, sec. xvi, and in the subsequent appropriation (n) Act April 23, 1895, sec. 2, P. L. p. 41. (o) Act April 12, 1875, sec. 9, P. L. p. 44. OF PENNSYLA^INIA. 151 acts, makes provisions for granting State aid to students in the State Normal schools. The law now provides as follows: "l?or each student over seventeen years of ase, who shall ■ an agreement binding said student to teach in the common schools of this ritate two full annual terms, there shall be paid the sum of one dollars and fifty cents a week, in full payment of the expenses for tuition of said students." "Provided, That each student in a State Normal school, drawing an allowance from the State, must receive regular instruction in the science and art of teaching in Must receive in- a special class devoted to that object, for the whole struction in the time for which such an allowance is drawn, which fyg''"'^® teacli- amount shall be paid upon the warrants of the Superintendent of Public Instruction (p). 190. Students receiving the several sums per week, shall have deducted from their regular expenses the full amount thus re- ceived f-om the State. The Superintendent of Public Instruction shall not issue his warrant for the amount thus claimed by any of the said schools, until there shall be on file in his office, a I'eport from the prin- cipal of said school, authenticated by his oath or affirmation, and certified to by the president of the board of trustees, stating the exact number of studeTits over seventeen years of age that have attended the school within the school year of the several Normal schools, commencing on the first Monday of September, and who have, in all respects, conformed to the conditions and requirements herein made regarding such students, and who have also complied with the conditions herein, together with their names and actress, date of entrance and withdrawal from the school, stating also whether the whole amount to be allowed to each student has been deducted from his expenses. CCCLXVIII. That when the trustees of any school desirous of claiming the privileges of this act shall make ^, application to the State Superintendent of Com- Ji*-? ^ ^^uVf fLS' mon Schools, it shall be the duty of the Superin- ^ ^^^ oota.nea. tendentof Common Schools, toarether with four other competent and disinterested persons, to be chosen by him, with the consent of the Governor, and all the superintendents of the counties in the normal school district in which such school shall be situated, on receiving due notice from the department of common schools, personally and at the same time to visit and carefully inspect such school ; and if, after thorough investigation thereof, and of its by-laws, rules and regulations, and of its general arrangement and facilities for instruction, they, or at least two-thirds of them, (p) Appropriation act 1901, sec. 8, P. L. p. 839. 11 152 tSCHUUL LAWiS AND DECISIONS shall approve the same, and find that they fully come up to the provisions of this act, in that case and no other they shall certify the same to the department of common schools, with their opinions that such school has fully complied with the provisions of this act as far as can be done before going into operation under this act ; whereupon the State Superintendent shall forthwith re- cognize such school as a State Normal school under this act, and give public notice thereof iu two newspapers in each county in the proper Normal school district, and thence forward this act shall go into full operation so far as regards such school with- out any further proceedings. And if, upon due inspection, any school so applying shall be found insufficient under this act said board of inspectors shall so report to the Superintendent of Com- mon Schools, who shall thereupon inform the trustees thereof of such adverse report (q). Rival Applications. CCCLXVIII. That if two or more schools apply in the same district to be recognized under this act at the j^lval appHca- same time, all of them shall be visited in the tions for recogni- manner prescribed by the next preceding section, tion. and the one found to possess the largest and best accommodations and arrangements to give effect to the purpose of this act, shall be preferred, and so certified if it fully come up to the requirements of this act ; and if two or more schools in the same district, be found to possess equal accommodations and arrangements fully up to the requirements of this act, in that case the one nearest to the center of the proper normal district shall be preferred and certified for recognition to the department of common schools, and if one or more of the schools thus applying for recognition give notice to the Depai-tment of Common Schools, with reasonable assurance that it or they are not now ready for inspection under the seventh section of this act, but will be within the term of six months from and after the date of such notice, in that case none of the applicant schools shall be inspected in such district till such time, within said six months, when all shall be prepared for inspection, when like proceedings shall take place as have oeen prescribed in the preceding part of this and the seventh section (r). (q) Act May 20, 1857, sec. 7, P. L. p. 584. (r) Act May 20, 1857, sec. 8, P. L. p. 585. OF PENNSYLVANIA. ir>.< Certificate of Scholarship. CCCLXIX. That the board of principals who shall examiue the candidates for graduation in any of the „ . ., Normal schools under this act, shall issue car- gt^^duites tificates to be signed by all of them, to all students of the full course as two-thirds of the board shall approve, setting forth expressly the branches in which each has been found duly qualified, which certificates must embrace all the branches en- umerated in the fourth article of the sixth section of this act, in- cluding the theory, but not including the practice of teaching, and may also embrace any additional branches in which the graduate was found proficient. Actual teachers of com- Actual teachers mon schools in good standing, who shall produce may be examin- satisfactory evidence of having taught in common ed. schools during three full consecutive annual terms of the district in which they were employed, may also be examined at the same time and in the same manner with the regular students of their proper Normal schools, and if found equally qualified shall receive certificates of scholarship of the same kind ; and all the certifi- cates granted under this section shall be received as evidence of scholarship, to the extent set forth on the face of them without further examination, in every part of the State. And whenever the holder of any certificate, under this section, shall by study and practice, have prepared for examination in any branches of study additional to those in such certificate, he or she may attend the annual examination of the Normal school of the district, and if found duly qualified, shall re- bran'h'"^' ceive a new certificate, setting forth all the branches in which, up to that time, he or she may have been found proficient; and thenceforth such enlarged certificate shall also be evidence of scholarship to the extent of it, in every part of the State, without further examination (s). Teachers' State Certificate. CCCLXX. That no certificate of competence in the practice of teaching shall be issued to the regular graduate of any of said Normal schools till after the ex- ^"" certificates piration of two years from the date of graduation, "^° y*'"*" and of two full annual terms of actual teaching in the district or districts in which such graduate taught, nor to any teacher who shall hold a full certificate of scholarship, without having been a regular student and graduate, unless upon full proof of (B) Act May 20, 1867, tee. 9. P. X>. p. 685. 154 SCHOOL LAWS AND DECISIONS three years' actual teaching: in a common school or schools, nor in either case without the pi'oduction of a certificate of good moral conduct and satisfactory discharge of the requisite duration of professional duty, from the board or boards of directors in whose employment the applicant shall have been taught, countersigned by the county superintendent of the proper county or counties, on the production of which proof, and not otherwise, a full certificate of competence in the practice of teaching shall be added to the certificate of scholarship, and of theoretical knowledge, of the science of teaching already possessed, to be received as full evid- ence of practical qualification to teach in any part of .the State without further examination: Provided, however, Proviso. That practical teachers who shall, upon due ex- amination, receive a certificate of scholarship, may at the same time receive a certificate in the practice of teaching, upon pro- ducing the required evidence of three years' previous experience in the art of teaching and of good moral conduct (t). 191. Each applicant who is not a regular student and gradu- ate must be twenty-one years of age, of good moral character, and have taught successively during three consecutive terms in a common school or in common schools in this State ; the proof of age to be the declaration on honor of the applicant ; and of moral character, and on the satisfactory discharge of the requisite terms of teaching, a certificate from the proner board or boards of di- rectors, signed by the president and secretary and countersigned by the pi'oper county superintendent or superintendents. 192. The examination to be in the elementary or scientific course, as the applicant may select according to the list of studies as printed in the circulars of the State Normal schools, and approved by the Superintendent of Public Instruction, or in such other studies as may be deemed by the board of examiners as equivalent. 193. Each applicant shall prepare and present to the board of examiners an original thesis on some professional subject, of not less than six folio pages of manuscript, to be retained at the school where the examination takes place. CCCLXXI. That no temporary or provisional certificate of any less degree of scholarship than that required by porTr°T of "u'rJir' the ninth section of this act, shall be issued by sional certificate, said board of principals nor by the faculty of any of said schools, but the princioal of each of the said schools may certify in writing to the length of time which teachers may have attended under the eleventh article of the sixth section of this act, and the manner of their deportment while in attendance (u). (t) Act May 20, 1857. sec. 10, P. L p. 586. (u) Act May 20, 1857, sec. 11, P. L. p. 586. OF PENNSYLVANIA. 155 CCCLXXII. That the several Normal schools of the State of ;Pennsylvania, by their trustees, be and they are hereby authorized and empowered to replace, upon fclfoois authorized the buildings and grounds of any of said schools ^o refund bonded or any part of the same, any mortgage that is or indebtedness, shall become due on or after the passage of this act, at a lower rate of interest, not to exceed jngrgase of mort- five per centum per annum, and to increase said gage, mortgage to a sum not, in any event, to exceed fifty thousand dollars, for the payment of debts contracted by the trustees of such normal school prior to the time proviso, of the pasage of this act: Provided, Said increase is for the purpose of paying loans and indebted- ^°'i°^' ^ '^• ness heretofore contracted by said trustees for the erection of buildings and making of improvements to buildings and grounds: And provided also. That an itemized and certified statement of the expenditures of said buildings ditor°Generai^" and improvements be first submited to the Auditor General, and be approved by him (v). CCCLXXIII. That the bonds and mortgages of such school, hereby authorized, shall be signed by the presi- dent and attested by the secretary of the board ^°^^^ ^^^ ™o''*- of trustees, under the seal of the school, by the ^^^^^' direction of the board of trustees and shall be payable at such time as they may fix, and the said bonds and mortgages, to be so placed, shall be prior liens to all mortgages and liens of the Commonwealth of Pennsylvania for Priority of iien. money heretofore appropriated to the said schools by the State of Pennsylvania ; and that said bonds and mort- gages shall be and hereby are exempt from all p-"^*™?* from all taxes (w). CCCLXXIV. That whenever the board of trustees of any State Normal school of this Commonwealth deem it necessary to en- large the area of the said real estate upon which the buildings of said Normal school are erected, to meet the growing demands of said institution, including a campus, and cannot agree with the owner or owners of the land they wish to acquire, as to its purchase or occupancy, it shall be lawful for said board of trus- tees, on behalf of said Normal school district, to enter upon and occupy sufficient ground for the purpose afore- said, which they shall mark off, not exceeding two Condemnation of acres and to use and occupy the same, for the Jjll^ orst!fte*Nor purposes for which they desire to use and occupy mai schools. the same in connection with the said school ; and I — _^ (v) Act May 22, 1901, sec. 1, P. L. p. 290. (w) Act May 22, 1901, sec. 2, P. L. p. 290. 15ti SCHOOL LAWS AiND DECISIONS for all damages done for the taking of the same, for the purpose as aforesaid, the trustees Of such Normal school ordamages"^'"^"* district shall give bond, with security approved by the court of common pleas of the county in which such lands are situated, conditioned for the payment of such damages when the same shall be agreed upon by the parties or assessed according to law, which bond shall be filed in said court, for the use of the person interested (x). CGCLXXV. And it shall be lawful for the court of common pleas of the proper county in which said Normal school is located, on application thereto by petition, either by said Normal school district by its president or secretary, they being Petition. instructed by their board so to do, or by the owner or owners of said lands, in behalf of all to appoint a jury, consisting of three disinterested citizens of said county, and appoint a time, not less than thirty davs thereafter, Wewe?s."^"' ^^^ S'^^i'l viewers to meet upon said land, of which time and place at least ten days' notice shall be given by petitioner to the said viewers and the other party; and the said viewers, or any two of them, having first been duly sworn or afhrmed faithfully, justly and impar- To be sworu tially to decide and a true report to make con- cerning all matters to be submitted to them in view. the premises, and having viewed said ground, they shall estimate and determine the quantity and value of said land so taken, to be used for the nurpose afore- said ; and after having made a just and fair com- . parison of the advantages and disadvantages, they dam^es^ shall estinuite and determine whether any, and, if any, what amount of damage has been Report. or may be sustained, and to whom pay- able, and to make report thereof to said .lurigment court ; and if damages be awarded, and the report be confirmed by the said court, judgment shall be entered therefor; and if the amount thereof be not paid within thirty days after the entry of said judgment, execution to (.nforce payment shall be had as in other similar Proviso. cases: Provided, That either party shall have the right to have viewers appointed by said court. Each viewer shall receive three dollars per day for each day necessarily em- ployed in said view or review. And provided Proviso. j^jgQ^ That each party shall have the right to appeal from the report of said viewers or reviewers to the court (T) Act July 10, 1901, sec. 1, P. L. p. 6.S2 OF PENNSYLVAiNlA. 157 of comomn pleas, within thirty days after the filing of such re- port, and the same shall bo tried by a jury as in similar cases (y). '"^ • CCCLXXVI. The cost of th" first view shall be paid by the party condemnins; the property ; the cost of the review or appeal shall be paid by the party losing ^"^^s. the controversy (z). CCCLXXVI I. That all moneys received or that hereafter be received by the Commonwealth from any insurance policy or poli- cies upon buildmgs belonging to any of the State Normal schools, shall be held by the State Treasurer in trust for the repairing and rebuilding of the part covered by such insurance policy or policies, under oirection of the trustees of such Normal school (a). CCCLXXVIII. When the trustees of any Normal school, whose buildings insured for the use of the State, have been injured or destroyed by fire, shall have repaired or rebuilt the part covered by such insurance policy or policies, and shall satisfy the Board of Public Instruction, consisting of the Governor, Attorney Gen- eral and Superintendent of Public Instruction, that the amount of insurance money received by the State, has been expended on such repair or rebuilding, the Superintendent of Public Instruction shall draw his warrant in favor of said Normal school for the amount of such insurance money, or for such nart thereof as the said Board of Public Instruction shall be satisfied has been expended on such repair or rebuilding, and the State Treasurer is author- ized and required to pay said warrant out of the insurance money thus received (b). Colleges and Academies. CCCLXXIX. That it shall be the duty of the Superintendent of Comomn Schools to prescribe all forms and to give all instructions required for carrying this {^^j^^t of rom- act into full effect, on all points not herein set n^on schools, forth in detail (c). CCCLXXX. That all institutions of learning hereafter to be incorporated as colleges, universities, or theo- logical seminaries, with power to confer de- {earning which grees in art, pure and applied science, philosophy, are incorporated literature, law, medicine and theology, or any of shall have foliow- them. shall be incorporated in the manner here- i^g powers, inafter set forth, with general power as follows: (y) Act July 10. 1901, sec. 2, P. L. p. 633. (z) Act July 10, 1901, sec. 3, P. L. p. 633. (a) Act June 3, 1885, sec. 1, P. L. p. 71. (b) Act June 3, 1885, sec. 2, P. L. p. 71. (c) Act May 20, 1857, sec. 13, P. L, p. 587. 158 SCHOOL LAWS A\D DECISIO^'S First. To have succession by their corporate names for the period limited by their charters, and when no Succession. period is limited thereby, or by this act, per- petually, subject to the power of the General Assembly, under the Constitution of this Commonwealth. Second. To maintain and defend judicial pro- Judicial proceed- ceedin"S. °^^' Third. To make and use a common seal and Seal. alter the same at pleasure. Fourth. To hold, purchase and transfer such real and per- sonal property as the purposes of the corpora- Property. {.Jqq require, not exceeding the amount limited by its charter or by law. Fifth. To appoint and remove such subordinate officers and agents as the business of the corporation re- agents^ quires, and to allow them suitable compensa- tion. Sixth. To make by-laws not inconsistent with law, for the man- agement of their property and the regulation of By-laws. jts affairs. Obligations. Seventh. To enter into any obligation necessary to the transaction of their ordinary affairs (d). CCCLXXXI. AVhenever five or more persons, three of whom at least are citizens of this Commonwealth, shall voluntarily associate themselves together for the purpose of obtaining a charter of in- corporation as a college, university or theological corDoratfon '°' seminary with power to confer degrees as afore- said, they shall prepare a certificate of such in- What shall be tended incorporation which shall set forth: set forth. J, The name of the corporation. II. The purpose for which it is formed. III. The place or places where its business is to be transacted. IV. The term for which it is to exist. V. The names and residences of the subscribers. VI. The number of its directors, trustees or managers and the place of residence of those who are chosen as such for the first year. VII. The amount of assets in the possession of said subscribers which are to be devoted to the purpose of establishing and con- ducting said college or university. VIII. The minimum number of persons whom it is intended to regularly employ as members of the faculty of said corporation. (d) Act June 26, 1895, sec 1, P. L. p. 327. OF PENNSYLVANIA. 159 IX. A brief statement of the requirements for admission and of the course of study to be pursued in said institution (e). CCCLXXXII. No institution shall be chartered with the power to confer degi'ees unlesss it has assets amount- in,? to five hundred thousand dollars invested in before ufcww-'^'' buildings, apparatus and endowments for the ex- ration, elusive purpose of promoting instruction, and un- less the faculty consists of at least six regular pro- icu'ty- fessors who devote all their time to the instruction of its colleges or university classes, nor shall any baccalaureate degree in art, science, philosophy or literature be conferred upon any student who has not completed a college or ^^J? ^^° receive university course covering four years. The stand- *^siees. ard of admission to these four years' courses or gtan^^rd of ad- to advanced classes in these courses shall be mission, subject to the approval of the said council (f). CCCLXXXIII. The council shall meet regularly on the first Tuesday of October preceding the biennial session of the Legislature, and shall submit to that body ^Jf^tings of coun- a biennial i-eport upon higher education in Penn- sylvania ; said report to be printed in connection with the report of the Superintendent of Public Instruction (g). DISTRICT SCHOOL LIBRARIES. CCCLXXXIV. That whenever, by subscription or otherwise, a collection of bocks or funds to purchase the same shall have been obtained to form a public library School libraries. in and for any common school districts in this Commonwealth, it shall be the duty of the board of directors thereof, for the time being, to select the most suitable school house therein in which said library shall be placed, preferring, if otherwise expedient, the school house in which the district institute is held, and to provide out of the school funds of the district a suitable case or cases for said library, and for such additional books as may annually be added thereto (h). CCCLXXXV. That the legal possession and ownership of the books, cases and other appendages of the district library, shall be and remain in the proper board Ownership, of directors and their successors in office as trustees for the dis- trict, and that the felonious taking and carrying away thereof, or any part thereof, or of any book, article, apparatus or furniture, (e) Act June 26, 189.5, sec. 1, P. L. p. 327. (f) Act June 26, 1895, sec. 6, P. L. p. ."529. (g) Act June 26, 1895, sec. 10, P. L. p. 330. (h) Act May 5, 1864, sec. 1, P. L. p. 826. 160 SCHOOL LAWS AND DECISIONS from or belonging to any common school house shall and is hereby declared to be larceny, and the breaking into a common school house at night, with intent to commit larceny, as herein set forth, or any felony, shall ana is hereby declared to be burglary, and that any larceny or burglary so committed, shall be punished as in other cases under existing statutes (i). CCCLXXXVI. That when the pupils or other persons connected with any common school, shall have procured books Duly of board. q^. funds for the purchase of books for a school library therefor, it shall be the duty of the directors of the propei- district, to provide, out of the school funds of the district, a suit- able case therefor, and also for such additions as may subsp- Selection of quently from time to time be made thereto, ami books. the selection and purchase of the books for such school library, and of additions thereto, shall be made by a com- mittee composed of the teacher of the school for the time being, and of not less than two parents of pupils; but that no books shall be be chosen by all the attending pupils ; but that no boolcs shall bo donated to or placed in said library without the approval of the proper selecting committee, and that it shall not be lawful for the board of directors to appropriate any of the funds of the dislri<-i to the purchase of books for said school library (j). CCCLXXXVII. That for the purpose of securing a system vf May establish fi'ee, non-sectarian public libraries on a substanti.-il and maintain a and permanent basis throughout the Common- free public 11- wealth, authority is hereby given to board of '"■ary. school directors, or to any board or organization having control of the common schools, in each and every common school district, except in cities of the first and second class, whenever the same may be decided upon by a majority vote of all the members thereof, to provide a place for and establish and maintain such public library for the general use of the residents in the district, subject to the ensuing provisions of this act (k). CCCLXXXVIII. Said board may set aside the whole or a por- tion of any school house, now or hereafter erected may"be 'u'sed^* within the district for the uses and purposes of such library, having due regard to the convenience of the citizens, and may make any changes, repairs or additions that may be necessary to properly carry out the objects of this (1) Act May 5. 1864, sec. 3, P. U p. 827. (J) Act May 5, 1864, sec. 7, P. L. p. 828. (k) Act June 28, 1895, sec. 1, P. L. p. 411. I OF PENNSYLVANIA. 1(51 act, or, at its option, may lease, purchase or erect Or buildings may a suitable building in some convenient location for pi'Tp^'ted'^ '''^^''*' ""■ the use, storage and accommodation of such library, but no land or structure shall be purchased or building commenced until the cost thereof has But cost of bmiii- been fully provided for under the laws_ regulat- "f^^^-^f^^ ^Ifore ing the erection of new school houses within the purchase, district (1). CCCLXXXIX. It shall be lawful for said Board to levy a tax for the purchase, improvement and maintenance p^.^^ public li- of said library, not exceeding one mill in any one braries. year, which tfiS. shall be included in the tax levy . . made lor scIjjoI purposes, upon the same subjects p^^^'J^^^f ^""' of taxa'.^n, and shall be collected at the same time and in the same manner (m). CCCXC. The public library of each district shall be under the general management of nine trustees acting as rj,j.yj,(.ggg ^f ]i. the agents and appointees of the school board, brary. who shall approve all plans for its storage and accommodation, purchase and take charge of all Powers and du- books. maps, documents, relics and literary, his- "'^^ "^ nusieos. torical or other contributions, appoint all emploj'es and make all regulations and do all things necessary to its government preserva- tion and maintenance, subject to the approval of the board. The president and treasurer of the board, and the superintendent of the schools of the district b(frs of "board"" (or if there is no such officer the secretary of the board), shall be ex-officio members of the board of trustees. The other six members shall be elected Members of by the school board, two each for one, two and ';,'^p"'g^ !jn"J',enii three years, and annually thereafter two members ^^ shall be chosen by said board for the term of three years. Each trustee shall sene until his successor is elected, and in ease of a vacancy it shall be filled by the y-tcancy school board for the unexpired term. The trus- tees shall make a report to the school board once Report of trus each year, and oftener if called upon, of such subjects and in such manner as may be required by said board (n). CCCXCT. All public libraries established as above shall be under (1) Act Juue 28, 1895, sec. li, P. Jl.. p. IIJ (m) Act April 20, 1905, sec. 3, P. L. p. 231 (n) Act June 28, 1895, sec. 4, P. L. p. 411 162 SCHOOL LAWS AND DECISIONS the general supervision and subject to the inspec- ,^!,w'=f,^ol.?,i'^r. tion of the State Librarian, who is hereby em- of state Li- powered to require reports thereof to be made by brarian. the trustees at such time and in such manner as he may see proper (o). NOTE.— The Act of May 5, 1899. P. L. r>. 247, substitutes the Free Library Commission for the State Librarian in the above paragraph. The State Librarian is secretary of that commission to whom all communications in regard to free libraries should be addressed. CCCXCII. It shall be lawful for the school board of any com- mon school district, and their successors in ofBce, jfnv receive gift ^^ receive and hold, free from all collateral inherit- euiiownment, etc' £ince tax, any devise, bequest, grant, endowment, gift, donation or contribution of property, real, personal or mixed, which shall be made for the establishment, im- provement or maintenance of public library as herein provided for, and the same to apply to the purpose for How applied. which made or given, and snid board, or their successor in office, are hereby authorized to bring suit, and do all necessary acts for the recovery, holding, use and application there- Proviso, of: Provided, That this act shall not apply to Proviso. _ cities of the first class: Provided further. That in cities which have established a board of trustees for the manage- ment _of_ a free library established by said municipality, any land or buildings appropriated to free library purposes under the opera- tion of this bill, shall be under the control of said board of trus- tees (p). CCCXCIII. That when any township surrounds or immediately adjoins any borough within this Commonwealth, ships *°'"''^" the school directors, boards, or organizations having control of the common schools of said borough and township, may join in the establishment and main- Free, public non- tenance of a free, non-sectarian, public library in sectarian iibary. said borough or township, or partly in both, the Expense ana expense of such establishment and maintenance maintenance. to be borne by said borough and township, in such proportions as may be agreed upon by the school authorities of said respective school districts, and for that purpose Tax levy. ^jgy jgyy |.jjg taxes provided for in the act to which this is a supplement. When any township surrounds or immediately adjoins any bor- ough within this Commonwealth, within either of which here is Si Act June 28, 1895, sec. 5, P. L. p. 412. p) Act Juue 28, 1895, sec. 6, P. U p. 412. OF PENNSYLVANIA. 163 or shall be hereafter established, otherwise than under the pro- visions of the act to which this is a supplement, a free non-sec- tarian, public school library, the school directors, boards, or or- ganizations having control of the common schools of said districts, may. instead of establishing another public library and providing for its maintenance, join in extending aid to such librarj', already established, guaranteeing such aid. ^^, ^° existing in such proportion, and on such terms as to con- ' ^'^^y- trol and management, as shall be agreed upon be- Agreement, tween the managers thereof and the school authori- rj,^^ j ties of said respective districts ; and for that pur- pose may levy the taxes provided for in the act to which this is a supplement, in the manner therein provided. The managers of any public library receiving aid under the pro- visions of this act, shall annually report to the school boards furnishing such aid, an account of -^^nual report, the money so received, under the oath of the manager, or of their secretary and treasurer, and such accounts shall be subject to the jurisdiction of the auditors by whom their respective school boards are audited, in like manner as their own accounts , ,.^ . / \ Audit ot account. CCCXCIV. That in any school district, except cities of the first class, wherein there is or shall hereafter be established, otherwise than under the provisions of the act to which this is a supplement, a free non-sectdrian public library, the school directors, boards or organizations having control of the common schools of said district, may, in- School directors stead of establishing another public library and may extend aid providing for its government, extend aid to such ready e^Vubil fie i library on such terms as to control and manage- ment as shall be agreed upon between the managers thereof and the school authorities, and for that purpose may levy May levy taxes the taxes provided for in the act to which this is to carry act into a supplement, in the manner provided therein (r). effect. CCCXCV. That it shall be lawful for and the right is hereby conferred upon borough councils, and also on school ,p. ^. . boards of this Commonwealth, to purchase, acquire, fened'lo take' enter u])on. take, use and appropriate private pro- private property perty for the purpose of using, enlaraing or ex- for public library tending grouros now used or which shall hereafter purposes, be used for nublic library purposes, within the corporate limits thereof, by ordinance or resolution as may be determined there- on (s). (q) Act April 2, 1903, P. L. p. 133. (r) Act March 30, 1897, sec. 1, P. L. p. 10. (s) Act May 11, 1901, sec. 1, P. L. p. 169. U54 SCHOOL, JLAWS AND DECISIONS CCCXCVI. That in addition to the authority now vested in any board of scliool directors to establish one central Korary, under the provisions of the act to which this is a supplement, the school directors, board, or organization having control of the common schools of any district, may, at their option, divide and distribute among the various schools of the Distribution of district any library which has been or which library. shall be hereafter established in any school district under the provisions of the aforesaid act, in such manner and subject to such regulation as may seem wise and proper to the school directors, board, or organizations having control of the district in which said library is established (t). CCCXCVII. The public library of each district shall be under the general management of nine trustees acting Trustees. as the agents and appointees of the school board who shall approve all plans for its storage L'owers and j^^i accommodation, purchase and take charge of duties of. ^jj i^Qoijg^ maps, documents, relics and literary, historical or other contributions, appoint all employes and make all regulations, and to do all things necessary to its government, preservation and maintenance, subject to the approval of the board. The president and treasurer of the board and the superintendent of the district (or if there is no such officer, the secretary of the board), shall be ex-officio members of the board Ex-officio mem- of trustees. The other six members shall be elected bers. {jy ii^Q school board, two each for one, two and Election and term three years, and annually thereafter two members of members. shall be chosen by said board for the term of three years (u). _, , , ^ . ,,. ... j • CCCXCVI II. That for the nurpose of establishing and mam- taining free public libraries on a permanent basis ^"Tnfake^Tp throughout the Commonwealth, authority is hereby piopriation to given to the town councils of the boroughs of this estabiisii and State to make appropriation or appropriations for maintain free ^j. j^ j^y f,f jj^p establishment or maintenance, public libraries. ^^ either, of a free public library or libraries Or aid thoae now now incorporated, or that may hereafter be in- incorporated, corporated. for the use of the residents within any u>^'*^shaii*be " of the said boroughs, upon condition that tht represented in municipal authorities shall be represented to the tbeir manage- satisfaction of said councils in the raauagem"nt °"^°t- of such library or libraries (v). (t) Act May 11, 1901, P. L. p. 179. (u) Act May 11, 1901, sec. 4, P. L. p. 180, amended (V) Act May 25, 1897, sec. 1. P. L. p. 84. OF PEN^SYLVAN1A. 165 CCCXCIX. That said councils may appropriate annually from the taxes levied and collected for borough pur- ^nnroDriatiois poses for the establishment and maintenance of uJt to exce.,-') one such library or libraries, not to exceed one mill mill on tUe doi- ou a dollar on all taxable property in such bor- i»r. oughs (w). Home for the Friendless Children. CCCC. That the board of trustees and the board of managers or a majority of each thereof, of any school commonly known as a home for friendless children, or institution for the pur- pose of educating and providing for friendless destitute, or vagrant children, now formed, organized or established, or that may here- after be formed, organized or established in this Commonwealth not of a denomination or sectarian character, shall have the right ,0 petition the judge or judges of the court of common pleas of the county in which such school peunon^ ^uU or institution is located, asking for a decree au- thorizing and directing the payment of moneys, out of the funds of said county, tor the education and support of the children of such school or institution (x). CCCLl. That the court of common pleas have the power, and it shall be their duty, on the riresentation of a petition, as provided for in the preceding C'jurt to onlT section, after full investigation of the same, to county" fund™ order and direct the commissioners of the county or city in which said school or institution is situate, to pay to the treasurer of such school or institution, out of the county funds, such sum or sums of money, and in such instalments as, in tne discretion of the said court, may be deemed just and neces- sary, and it shall be the duty of the said commissioners to draw their ^^arrants upon the county or city treasurer for the payment of such application, in such man- SfJi^ng/g *^°"'" ner and form as shall be provided for by the said court (y). CCCCII. That the court of common pleas shall appoint one- third in number of the trustees and managers of any such school or institution accepting the n,^nt*^°'^'^* *° "^" benefits of this act ; to require the treasurer of any such school or institution to furnish the county or city com- (w) Act May 25. 1897, sec. 2, P. L. p. 84. (x) Act April 12, 1875, sec. 1, P. L. p. 46. (y) Act April 12. 1875, «ec. 2, P. L. p. 47. 166 SCHOOL LAWS AND DECISIONS missioners an itemized account of the receipts and expenditures of such schools or institutions, at the end of each fiscal year (z). CCCCIII. That the board of trustees and the board of mana- gers of any such school or institution desiring Acceptance of j:^ accept the provisions of this act shall set forth the same in their petition presented to the said court of common pleas as authorized in the first section of this act. No teacher shall be employed in any such school Teachers. qj. institution who has not received a valid cer- tificate from the superintendent of the schools of the county in which such school or institution is situated (a). CCCCIV. That the school directors of every school district in this Commonwealth shall admit the inmates of any orphan asylum or home for poor and friendless children situated in their school district, to the schools of the district, provided Proviso. there is building capacity, upon the payment of a reasonable tuition, per capita, which tuition shall be fixed by the superintendent of schools of the county in which the orphan asylum or home for poor and friendless children is located, upon the application of the directors of said school district, or the managers of tue orphan asylum or home for poor and friendless children: Provided, That where said orphan Proviso. asylum, or home for poor and friendless children, is located in a city, the superintendent of schools of that city shall fix the tuition (b). Evening Schools. CCCCV. That it shall be the duty of the board of school directors or school controllers of any school dis- ^Jj^n^evening j-j-igj jq ji^jg Commonwealth, upon the appli- opened. ° cation of the parents of twenty or more pupils above the age of six years, residents of said school district, to open a free evening school for their tuition in orthog- raphy, reading, writing, arithmetic and such other branches as may be deemed advisable, and to keep open said school for a term not less than four months in each year, each of the said months to consist of twenty days, and each of said days an evening session of at least two hours: Provided, however, That when the average daily attendance for one month falls attendance^*'^ below fifteen daily, said school directors or school controllers may, at their option, close said evening school for the remainder of said term (c). (z) Act April 12, 1875, sec. 2, P. L. p. 47. (a) Act April 12, 1875, sec. 6, P. L. p. 48. (b) Act March 22, 1901, sec. 1, P. L. p. 55. (c) Act May 22, 1883, sec. 1, P. L. p. 37. OF PENNSYLVANIA. 167 CCCCVI. That upon such application the board of school di- rectors or school controllers shall proceed, without nn^npri nt unnecessary delay, to hire a competent teacher ^°^°^ "P''"''" *"• and open said evening school in a convenient location: Provided, That two or more contiguous school districts may at any time unite in the establishment and support of one or more evening schools, and con- tricts^'""" ' ribute pro rata to the expense of their mainte- nance (d). CCCCVII. That the qualifications of teachers for said evening school shall be the same as those for the teachers of the oublic schools of the Commonwealth as tSe^s already made and provided, or as may hereafter De made and provided by law (e). CCCCV^III. That the expenses for the support and mainte- nance of said evening schools shall be defrayed ^ „„_„. out of the taxes raised for the support of the ^ common schools: Provided. That said school board may in making their estimates for the school year, allow and set aside a certain sum for the support and maintenance of said evening schools, and levy and collect their tax rate accordingly (f). CCCCIX. That the board of directors or school controllers of any school district may, where necessary, establish an evening high school, and that the boards of school di- . rectors or school controllers of two or more con- gchoX^mal be tiguous school districts may unite for the estab- established, lishment and support of an evening high school, the curriculum of which shall be drawn up and arranged by the several school boards in joint session met and assembled, accord- ing to the best judgments and the necessities of their respective districts (*''). CCCCX. That no pupil shall be admitted to said evening school who is unemployed during the day, or in actual attendance upon any school during the day, fitted, public or private (h). CCCCXI. That when the average daily attendance upon said schools for one month exceeds fifty pupils, an additional teacher may be engaged and retained ^^cijer" until the average daily attendance falls to or below forty (ij. CCCCXI I. That should any board of school directors or con- (d) Act May 22, 1883, sec. 2, P. L. p. 37. (e) Act May 22, 1883, sec. 3, P. L. p. 37. (f) Act May 22, 1883, sec. 4, P. L. p. 37. (g) Act May 22, 1883, sec. 5, P. L. p. 38. (h) Act May 22, 1883, sec. 6, P. L. p. 38. (i) Act May 22, 1883, sec. 7. P. L. p. 38. 12 l«8 SCHOOL LAWS AND DECISIONS trollers neglect or refuse to carry out the pro- I'i'iK'i'dnre ou re- visions oi; tliis act, the petitioners aforesaid may ilsif evening^ ' present their petition to the court of coinmon school. pleas of their proper county, setting forth that application has been made to the proper board of school directors or controllers aforesaid, and that said board nad neglected or refused to carry out the provisions of this act; whereupon such court shall, after due proof of court'^ °^ ^'^^ notice of the presentation of such petition have been served upon the president and secretary of such board, proceed to hear and determine as to the necessities and propriety of the establishment of such school or schools, and ni i s discretion order the board of school directors or controlleis to open and maintain such school or schools with the power to enforce such order by attachment or mandamus, at the discretion of the court (j). tJCCCXIII. That the provisions of this act shall not go into force until ths beginning of the regular school (^■n'oct *" ^'^^'^ year, Anno Domini one thousand eight hundred and eighty-three: Provided, That the provisions of tliis act shall not apply to any part or section of the State wliere special provisions exist for night schools (k). CCCCXiV. That whenever the school directors or controllers of any city of the Commonwealth shall be re- f'or tnanuaT'^ quested by fifty or more taxpayers, they shall training of establish and equip sufficient night schools foi- cbildreu. the manual training of children above the age of twelve years, and shall keep the same open as many months in the year as day schools are kept open in such city. The court of common pleas' of the proper county shall have jurisdiction to enforce this act by mandamus: Provided. Mandamus. That when the average attendance shall fall be- h)w fifteen nightly, the board may, at their option, close the school for the remainder of the term (I). (^CCCXV. That section seven of an act, entitled "An act to provide at the public expense, free evening schools for the educa- tion of the children of this Commonwealth, who, from any cause are unable to attend the public schools." approved May twenty-second. Anno Domini one thousand eight hundred and eighty-three, which reads as follows: "That when the average daily attendance upon said schools. for one month, exceeds fify pupils, an additional Cltecl for repeal, teacher may be engaged and retained until the (j) Act May 22, 1883, sec. 8, P. L. p. 38. (k) Act May 22, 1883, sec. 9, P. L. p. 38. (1) Act May 11, 1901. sec. 1, P. I., p. 17«. OF i'ENNSi'LVAJNlA. 169 average daily attendance falls to or below forty," be and the same is hereby amended to read as follows: That as the average daily attendance increases, additional teachers may be engaged and retained at the . ,,,,,,,„„„, ,-„,.,, discretion of the school directors or controllers f^J]'^'"''^^ ^^■'^^- aforesaid (m). CCCCXVI. That physical culture, by a regular and progres- sive course of calisthenics, shall be included in pijygjcai culture the branches of study now required by law to to be inciuied be taught in the public schools of this Common- in branches of wealth^u). «tujy CCCCXVII. It shall be the duty of school directors, boards of school controllers, and boards of education of the public schools of this Commonwealth, to ffitors, ^e°c make proper provisions in all the schools or dis- tricts under their jurisdiction, care and control, for instruction to be given the pupils of said public schools in physical cultwre, by a regular and progressive course of calisthenics, and any failure on the part of said directors, controllers or boards of education, to comply with the pro- coM^Je^oTcaiVs- visions of this act, satisfactorily proven to the thenics. State Superintendent of Public Instruction, shall he deemed sufficient cause for with-holding the state's aivro- warrant for State's appropriation of school money pr'ation may i.e to which district would otherwise be entitled: witbbeld. Provided, That teachers shall not be required p„viso. to pass examinations in the branch of study pro- vided in this act until afl:" January first, cne thousand nine hundred and two (1902): Provided, That this act apply only to cities of the first and second i^roviso. class (o). ^ ,. , , CCCCXYIII. That the several boards of directors of the sub- school districts of cities of the second class shall „,,rPhn«o have the power to purchase lots of ground, to f^f^ yurcua-,. erect, enlarge and repair school buildings thereon, to purchase furniture, apparatus, books, stationery and fuel, and to pay janitors in their respective districts, and to borrow money and provide for the payment thereof, with its interest, and to levy taxes for such purposes, as fully as such power existed and belonged to said boards, prior ^^'T taxes, to the pasage of the act, entitled "An act in relation to cities of the second class, providing for the levy, collection and disbursement of taxes," approved the twenty-SLCond day of March. Anno Domini one thousand eight hundred and seventy-seven (p). (m) Act May 7, 1889, sec. 1, P. L. p. 110. (n) Act March 8, 1901, sec. 1, P. L. p. 49. (0) Act March 8, 1901, sec. 2, P. L. p. 49. fp> Art Mfty 24, 1881. sec. 1, P. Jj. p. 2P 170 SCHOOL LAWS AND DECISIONS Child Labor. CCCCXIX. That from and after the passage of this act, no Cbiid labor. minor under the age of fourteen years shall be Biiuminous coal employed, permitted, or suffered to work, in, thracUe'^coiiior- about, or for any bituminous coal-mine or an- ies and breakers, thracite colliery or breaker (q). CCCCXX. That no minor under the age of sixteen years shall be employed, permitted, or suffered to work, in Minors under 16 qj. about or for any establishment or industry, ^^'^^^- named in section one of this act, for a longer period than ten hours in any one day, except Hours of em- when a different apportionment of the hours of p oymen . labor is made for the sole purpose of making a shorter work-day for one day in the week ; nor shall a less period than forty-five minutes be allowed for the midday meal ; and in no case shall the hours of labor exceed fifty-eight in any one week. No minor under the age of sixteen years shall be em- ployed or permitted to work between the hours of nine post meridian and six ante meridian (r). CCCCXXI. That no minor under the age of sixteen years shall be employed in or about or ror any establishment or in- dustry named in section one of this act, unless the employer of said minor procures and keeps on file, and accessible to the mine inspector, the employment certificate as herein- mcat*e™^" ^^^ after provided, issued to said minor, and keeps two complete lists of all minors under the age of ^^^'^- sixteen years employed in or for his or her estab- lishment ; one of said lists to be kept on file in the office of the employer, and one to be conspicuously posted in each of the several departments in or for which minors are employed. Said employment certificate, when issued, shall be the Certificate shall property of the minor named therein, who shall the ^m?nor '^ ^^ entitled to a surrender of said certificate to him or her by the employer whenever said minor shall leave the service of any employer holding said certificate (s). CCCCXXII. The employment certificates required by the provisions of this act shall be issued as follows: — In school districts having a district superintendent or super- vising principal, by such superintendent or su- By whom certi- pervising principal ; in school districts having no sued^ ^'^^ ^ ^ superintendent or supervising principal, but hav- ing one or more principals of schools, by such principals, each principal to issue the certificate to minors resid- ing within the territory belonging to the school over which he (q) Act May 1, 1909, sec. 1, P. L. p. 37*. (r) Act May 1, 1909, sec. 2, P. L. p. 375. (a) Act May 1, 1909, sec. 3, P. L. p. 376. OF PENNSYLVANIA. 171 lias supervision ; in school districts, or parts of districts, having no district superintendent or principal, by the secretary of the board of school directors for that district: Pro- vided, That any district superintendent, super- i^foviso. vising principal of schools, or secretary of the board of school directors, hereby directed to issue such certificates, may authorize and deputize, in writing, such persons as they may see proper, to act in their place and stead for the purpose of issuing such certificates. Any of the hereinbefore mentioned officials, author- ized to issue employment certificates, before doing so shall demand and if possible obtain, a birth certificate, or bap- tismal certificate, or passport, or any other ofii- ^^[^'^ •^""° cial or religious record of the minor's age, or duly attested transcript thereof; or, in the event that none of these is obtainable, may accept, in lieu thereof, the record age as given on the register of a school Record age the minor has attended ; or, in the absence of such record, may accept the affidavit of the mi- p^.g^jg^^ nor's parent, guardian, or other person, which affidavit he is empowered to administer: Pro- vided: That the powers and duties conferred by this section on the superintendents, supervising principals, principal, or secretary of a board of school directors, be and the same are conferred upon superintendents, supervising principals, principal, teachers, or secretaries of any private academy, parochial or denominational schools, in all cases where the applicant for an employment_ cer- tificate is, or recently has been, an attendant pupil in a private academy, parochial or denominational school, and is not a pupil in a public school: And provided further. That p , whenever in any school district an employment '■ °^ "• certificate is issued by any persons other than the public school official hereinbefore directed to issue such certificates in said district, said persons shall, on or before the third day of each month, file with the aforementioned public school official, in said district, true copies of all employment certifi- cates so issued (t). CCCCXXIII. The employment certificate provided by this act for the use of a minor between fourteen and sixteen years of age shall be in the following form: — This certifies that (name and residence of minor) is aged years .......... months .••.••>y«"' ^^«^^ Form of certlfl- complexion is , hair is pj^^p and .eyes are ; is able to read and ' write the English language intelligently, and may be employed at labor in any bituminous coal-mine or anthracite colliery or breaker. This certificate is a legal warrant for the employment of the (t) Act May 1, 1909, sec. 4, P. L. p. 376. L72 SCHOOL LAWS AM) DKCiyio.sS minor hereon, in any of the above-named esrablishmeuus and indus- tries, under the provisions of an act approved one thousand nine hundred and niiie. (Signature of person who issued certificate, official title and official acidress.) (Signature of minor to whom issued.) (Date.) CCCCXXIV. The blanjj employment certificates shnll \e pre- printing and pared by the Superintendent of Public Iiistrucaon, (listiibutiou of in accordance with the form prescribed in this act: Wank certifi- the same to be printed in accordance with the '^^"'®- li^vv's regulating- printing and binding, under the supervision of the Superintendent of Public Printing and Bind- ing. The Superintendent of Public Instructioa shall also supply the aforesaid certificates to all persons authorized to issue the same (vi. CCCCXXV. Any person or persons violating any of the provisions of this act shall be deemed guilty of a vioinuons. misdemeanor, and, upon conviction, shall be pun- ished, for a first offense, by a tine cf not less tlum ten dollars or more than twenty-five dollars, or ten days imprisonment in the county jail, or either or both, at the discretion of tlie court; p ,. and. for a second offense, slinJl be punished by ^^ a fine of not more than fifty dollars, and ninety days imprisonment in a county jail, or either or both, at the dis- cretion of the court. It shall be the duty of the Chief of the Department of Mines Enforcement of ^^ ^^^'^'^' P"*^ ^'^^ provisions of this act, and prose- Lntorcement or cntions for violations thereof shall be instituted either by the Chief of the Department of Mines (w). CCCCXXVI. All fines imposed and collected for any viola- tion of this act shall be forwarded to the Chief of . , the Department of Mines, wha shall pay the same into the oflice of the State Treasurer, for the use of the Com- monwealth (x). CCCCXXVII. This act shall be in force and effect on and foct January ""i, ^^^^^' January first, one thousand nine hundred 1910. ' and ten (y). CCCCXXVIIL That from and after the passage of this act, Cliild labor. no minor under the age of eighteen years, ex- In certain sped- cept as hereinafter provided, shall be employed, fled taipioy- uermitted, or suffered to work, in, about, or for "• any factory, workshop, roljing-mill, sawmill. Minors und-^r tUe t^uarry, laundry, store ; mercantile, printing, or age of eigtiteeu binding establishment : dock, wharf : vessel or y®"^- boat engaged in lake or river navigation or com- merce, railroad, in the erection or repair of electric wires, business (v) (w) (t) (y) Aot May 1, 1909. P. T.. d 377 OF PENNSYLVANIA. ^ 173 office, telegraph office, telephone office, stable, garage, hotel, res- taurant, bootblack-staud or the transmission of newspapers, mes- sa^^es. or merchandize (z). CCCCXXIX. That male minors over the age of eighteen years may be employed in any and all kinds of legal employment, within the Commonwealth; but all juners under minors undor the a.ge of eightfen years shall not jy years, be employed in or about blast-furnaces, tanneries, docks, wharves, quarries; in the outside erection and repair of electric wires; in the running or management of ele- vators, lifts, or hoisting machines; in oiling hazardous and dan- gerous machinery, in motion; at switch-tending, gate-tending, track-repairing; asbrakoraen, firemen, engineers, motormen, con- ductors upon railroads; as pilots, firemen, or engineers upon boats or vessels engaged in tlie transportation of passengers or merchan- dise; in or about establishments wherein nitro-glycerine, dyna- mite, dualin, gun-cotton, gunpowder, or other high or dangerous explosive, is manufactured, compounded or stored (a). CCXX'XXX. That minors over the age of sixteen years may be employed in or about establishments for the manu- facture or preparation of white-lea!, red-lead, l[\^;^'^ <>^"" ^"' paints, phosphorus, phosphorus matches, poison- ous acids, or for the manufacture or strijiping of tobacco or cigars: Provided, That where it is proved to the satisfaction of the Chief Factory Inspector that l'''ov'so. the danger or menace to the health or safety of minors employed m any establishment or industry named in this section has been removed, or that employment in some part or parts of said in- dustry is not dangerous, or a menace to the health or safety of minors employed therein, that in such case minors under the age of sixteen years, and not under the age of four- teen years,' Mho can read and write the English and uot uurtl'^-^'^**' language intelligently, and are physically qualified, ^ years, may be therein employed (b). CCCCXXXI. That minors over the age of fourteen years, who can read and write the English language intelligently, and are physically qualified, may be ^^^^^^^ °^'''" employed in or for mercantile establishments, stores ; telegraph, telephone, or other business offici'S. hotels, res- taurants ; or in any factory, workshop, rolling-mills, or other estab- lishments having proper sanitation; or in any factory, workshop, rolling-mills, or other establishini-nt having proper sanitation and proper ventilation, and in which power machinery is not used, or, if u.sed, that the same, and all oilier daugerous appliances used are kept securely and properly safe-guarded; rules and regulations (z) Act April 29. 1909, sec. 1. P. L. p. 283. (a) (h) Act April 29. 1909. P. L. p. 283. 174 SCHOOL LAWS AND DECISIONS * for the same to be prescribed and provided by the Chief Factory Inspector (c). CCCCXXXII. That no male minor under the age of sixteen years, and no female under the age of eighteen years, shall be employed, permitted, or suffered to work, in or about or for any establishment, place of business, or industry, named in sections „ f three and four of this act, for a longer period pioyment. ^™" ^^^^^ ^en hours in any one day, except when a different apportionment of the hours of labor is made for the sole purpose of making a shorter work-day for one day in the week,; nor shall a less period than forty-five minutes be allowed for the midday meal ; and in no case shall the hours of labor exceed fifty-eight in any one week. No male minor under the age of sixteen years, and no female under the age of eighteen years, shall be employed or permitted to work between the hours of nine post meridian and six ante meridian (d). CCCCXXXIII. That where the usual process of manufacture, or the nature of the business named in section four of this act, is D d ■ ht of f^ kind that customarily necessitates a con- employment'^ tinuous day and night employment, male minors, not under the age of fourteen years, may be employed day or night, or partly by day and partly by night; but said employment shall not exceed nine hours during "any twenty-four hours for minors under the age of sixteen years. A violation of any of the provisions of this section shall be deemed to be in contx'avention of this act (e). CCCCXXXIV. That no minor under the age of sixteen years shall be employed in or about or for any establishment or industry named in sections three and four of this act, unless the employer of said minor procures and keeps on file, and certincate. accessible to the deputy factory inspectors, the employment certificate as hereinafter provided, issued to said minor, and keeps two complete lists of all minors under ■'^'^'®- the age of sixteen years employed in or for his or her establishment ; one of said lists to be kept on file in the ofiice of the employer, and one to be conspicuously posted in each rprtiflr.nt« h u ^^ ^^^^^ Several departments in or for which mi- brthr property ""^'^ ^^"'^ employed. Said employment certificate of the minor. when issued, shall be the property of the minor named therein, who shall be entitled to a sur- render of said certificate to him or her by the employer whenever said minor shall leave the service of any employer holding said certificate (f). (c) Act April 29, 1909, sec. 4, P. L. p. 284. M) (e) (f) Act April 29, 1909, P. L. p. 284. OF PENNSYLVANIA. 175 CCCCXXXV. The employment certificate required by the provisions of this act shall be issued as follows: — Employment In school districts having a district superin- certificates, tenflpnt or supervising principal, by such super- inteiident or supervising principal ; in school dis- ^^ ^°*"^ i»suea. tricts having no superintendent or supervising principal, but hav- ing one or more principals of schools, by such principals, each principal to issue the certificate to minors residing within the territory belonging to the school over which he has supervision ; in schol districts, or parts of districts, having no district superin- tendent or principal, by the secretary of the board of school directors for that district: Provided, That any district superintendent, supei-vising principal, Proviso. ^ principal of schools, or secretary of the board of school directors, hereby directed to issue such certificates, may authorize and depu- tize, in writing, such persons as they may see proper to act in their place and stead for the purpose of issuing such certifi- cates. Any of the hereinbefore mentioned ofiicials, authorized to isue employment certificates, before doing so shall *— . demand, and if posible obtain, a birth certificate, l'^^^'^ certiinaie. or baptismal certificate, or passport, or other official or religious record of the minor's age, or a duly attested transcriot thereof; and, in the event that none of these is obtain- able, may acept, in lieu thereof, a record of the age as given on the register of a school the minor has attended ; or, in the absence of such record, may accept the affidavit of the minor's parent or guardian, or other person, which affidavit he is empowered to administer: Provideo, That the Pf'^^iso. powers and duties conferred by this section on the superintendents, supervising principals, principal, or secretary of a board of school directors, be and the same are conferred upon superintendents, supervising principals, principal, teachers, or secretaries of any private academy, parochial or denominational school, in all cases where the applicant for an employment certificate is, or recently has been, an attendant pupil in a private academy, parochial or denominational school, and is not a i)upil in a pub- lie school: And provided further, That whenever Proviso, in any school district an employment certificate is issued by any nersons other than the public school official hereinbefore directed to issue such certificates in said uistrict, said persons shall, on or before the third day of each month, file with the aforementioned public school official, in said district, true copies of all employment certificates so issued (g). CCCCXXXVI. The employment certificate provided by this act for the use of a minor between fourteen and six- teen years of age shall be in the following form:— ^^^^ °^ *^'"'"" This certifies that (name and residence of mi- (g) Act April 29, 1909, sec. 8, P. L. p. 285. 17"1 SCHOOL LAWS AND DECISIONS nor) is aged years months days ; whose oumplexion is , hair is , and eyes i'l"*^' •.•••■-■ : is able to read and write the English lanuuago intelli-enfly, and may ue employed at labor in any of the following; establishments, businesses, and industries: The manufacture or the preparation of white-lead, red-lead, paints, phosphorus, phosphorus matches, poisonous acids, tobacco or ciuars, in which industries minors between fourteen and sixteen years of age may be employed, only when their labor is performed in such part or parts of such industries as are not dangerous or a menace to their health and safety, — and mercantile establishments, stores ; telephone, telegraph or other business offices ; hotels, restaurants ; or in any factory, workshop, or other establishment having proper sanitation and proper ventilation, and in which power machinery is not used, or, if used, that the same, and all other dangerous appliances used. are kept securely and properly safeguarded. This certificate is a legal warrant for the eraploynif'nt of the minor named hereon, in any of the above-named establishments, business, and industries, under the provisions of an act approved one thousand nine hundred and nine. (Signature of person who issued certificate, official title and official address.) (Signature of minor to whom issued.) CCCCXXXVIL The blank employment certificate shall be prepared by the Superintendent of Public Instruction, in accord- Prlntlng and (lis- ^"''^ ^^'^'^ ^^^^ ^"1™ pi'escribed in this act; the tribntlon of same to be printed in accordance with the laws blank ceru;i- regulating printing and binding, under the super- '^'•^^'^^- vision of the Superintendent of I*ublic Printimr and Binding. The Superintendent of Public Instruction shall also supply the aforesaid certificates to all persons authorized to issue the same (h). CCCCXXXVIII. Any person or persons violating any of the provisions of this act shall be deemed i;iii]ty of a Violations misdemeanor, and, upon conviction, sliall be pun- ished, for a first offense, by a fine of not less than ten dollars p , or more than twenty-five dollars, or ten days im- h-enaity. prisonment in the county jail, or either or both, at the discretion of the court ; and for a second olTense. shall be pvni- ished by a fine of not more than fifty dollars, and ninety days im- prisonment in a county jail, or either or both, at the' discretion Enforcement of "^ f^ ^^t"''*" ^* ^^^^^^ ^"^ *''^ '^"^y ^^ ^he Chief act. l^actory Inspector to carry out the provisions of this act, and prosecutions for violations thereof shall be instituted by the Chief Factory Inspector (ij. (h) (i) Act April 29, 1909. P. L. p. 286. ' OF PENNSYLVANIA. 177 CCCCXXXIX. All fines imposed and collected for any viola- tion of this act shall be forwarded to the Chief Factory Inspector, who shall pay the same into "in^s. the office of the State Treasurer, for the use of the Common- wealth (j). , . CCCCXL. This act shall be in force and effect on and after January first, one thousand nine hundred and Act to taue el- ,, , feet January 1, ten (k). 1910. CCCCXLI. That in all cases where a township township school school district entirely surrounds a city or bor- districts, ough, it shall be lawful for such school district to acquire, in such city or borough, sufBcieut ro°Vimng ^cu'y or lands for high school purposes, and to erect there- borough, on suitable buildin^s for the same (ll. CCCCXLI I. That all lands and property 4"i;i|''5^^*'JjLf acquired by any township school district in any gc^^,,^,l purt,?.ses. such city or borough, under the provisions of this act. shall be exempt from taxation by such city, Exemption from borotigh. or school district thereof, for any pur- taxation, poses whatsoever (ra). CCCCXLI II. That whenever the board of directors of any such township school district in this Common- wealth shall be unable to procure in such city failure to agree or borough such eligible sites, for the erection of high school houses thereon, as they may deem expedient, by agree- ment with the owner or owners of the land, it shall and may be lawful for the school directors of said township school district. in Ijehalf of the said township school district, to enter upon and oc- cupy sufiicient ground in said city or borough for the purpo.se, which the said township school directors ^^^l^ ''°" '^^"^ shall designate and mark off, not exceeding in any case one acre, and to use and occupy the same for the pur- pose of erecting thereon a high school house, with its necessary or convenient appurtenances ; and for all dam- ages done and suffered, or which shall accrue to Damages, the owner or owners of such land, by reason of the taking of the same for the purposes aforesaid, the funds of the township school district, which may be raised by taxation, shall be pledged and deemed as security ; and it shall and may be lawful for the court of common pleas of the security, proper count.y, on application thereto by petition, petition, either by the said school district township, through the president and secretary of the board of directors, or by the owner or owners of said land, or any of them in behalf of (j) (li) Act April 29, 1909, P. L. p. 287. (1) Act May 6, 1909, sec. 1, P. L. p. 461 (m) Act Mhv fi. IflOft. leo. 2. P T, t>. 4«1 178 SCHOOL LAWS AND DECISIONS Viewers. ^^^' to appoint a jury of viewers, consisting of thi'ee discreet and disinterested citizens of said county, who shall not be the owners of property or residents in the township school district, city or borough in which such land is taken, as aforesaidi, and appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet upon said land, of which time and place ten days' notice shall be given by the petitioners to the said viewers and the other party ; and the said viewers, or any of them, having been first duly sworn or affirmed faithfully, justly, and impartially to decide and a true report to make concerning all matters and things to be sub- mitted to them, and having viewed the premises, they shall estab- _ lish and determine the quantity and value of Va?ue ^^i<^ ^^^^ ^0 taken to be used for the purpose aforesaid ; and after having made a fair and just computation of the advantages and disadvantages, they shall esti- mate and determine whether any and, if any, what amount of damages has been or may be sustained and to ■*'^"'*- whom payable, and make report thereof to said court ; and if damages be awarded and the report be confirmed by the said court, judgment shall be entered thereon ; and if amount thereof be not paid within thirty days after the entry of said judgment, execution to enforce the collection thereof may be issued as in other cases of judgment against said township school districts ; and each viewer shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein prescribed, to be paid by such district: Provided, That either party shall have iToviso. ^j^g right to have re-viewers appointed by said court: And provided further. That said school directors are not authorized by this act to take land already appropriated and actually required for important public purposes (n). Section Seven of the General Appropriation Act of 1909. Schools. „ ... , ^, For the support of the public schools and mal schools.*""" normal schools of this Commonwealth, for the two fiscal years commencing on the first day of June, one thousand nine hundred and nine, the sum of fifteen million dollars ($15,000,000): Provided, The city Proviso. Qf Philadelphia shall be entitled to a proper portion of this appropriation, including, not only its pro rata as provided by existing laws regulating the distribution to the several counties, but also the sum of seventy-two thousand dol- lars, or so much thereof as may be necessary, for the education (n) Act May 6, 1909, sec. 3, P. L. p. 461. OF PENNSYLVANIA. 179 of teachers in the Philadelphia Normal School for , o . . Girls and the Philadelphia School of Pedagogy J^r^diVif'^''"'" for i'oung Men, to be appliea on the same con- . ' r. ^ ditions as those specified for the education of ^^;^^°' " ^•'•''i- teachers in the State Normal Schools ; and out iJijii-ideiphia of the amount received by the city of Philadel- t,. '..^^ /,„.,. phia, there shall be paid the sum of three thou- tute sand dollars to the Teachers' Institute of said city ; the sum of ten thousand dollars to the Phila- delphia School of Design for Women, for their teachers' An- corporate purposes ; and the sum of ten thou- n^jty gn^ ^jfj sand dollars to the Teachers' Annuity and Aid Association. Association of said city: And provided further, That out of the amount hereby appropriated, there shall be paid for the education of teachers in the State Normal Schools, the sum of six Education of hundred thousand dollars, to be applied as fol- teachers, lows: For each student over seventeen years of age, who shall sign an agreement binding said student to teach in the common schools of this State two full annual terms, there shall be paid the sum of one dollar and fifty cents a week, towards the payment of the ex- penses for tuition of said students ; provided , that each student in a State Normal School drawing said allowance from the State must receive regular instruction in the science and art of teaching, in a special class devoted to that object, for the whole time for which said allowance is drawn; which amount shall be paid upon warrants of the Su- warrants perintendent of Public Instruction: And provided further, That out of the said amount, hereby appropriated, there shall be set apart the sum of one hundred thousand dollars (.$100,000). to aid in paying the tuition of pupils who attend high schools outside of their own district ; and the sum of four hundred and fifty thousand dollars (.$4.10,000), for the encouragement and support of Township and Borough High Schools, in- Township and eluding joint high schools maintained by two or borough high more townships, or by a borough and one or schools, more townships ; but no high school shall receive appropriation as a high school of the first grade, unless it has at least three teachers who devote their entire time to high school work during a term of nine months ; and no high school shall receive appro- priation as a high school of the second grade, unless it has two teachers who devote their entire time to high school work during a period of eight months ; nor shall any high school receive appropriation unless it has a reg-ular attendance of twelve pupils doing high school work: And provided further. That out of the said amount hereby appropriated there shall be set apart 180 SCHOOL LAWS AND DECISIONS the sum of two hundred and thirty thousand dollars, to be ex- pended on the warrants of the Super! titendcnt of Public In- ^ . . struction, for the payment of the salaries of the te°ndeJtl"^^"°" County Superintendents of Public Schools, two years. The remainder of the amount hereby ap- propriated shall be paid on warrants of the Superintendent of Public Instruction, drawn in favor of the several school dis- tricts of the Commonwealth, in amounts designated by the State Treasurer, and whenever he shall notify the Superintendent of Public Instruction, in writing, that there are sufBcient funds in the State Treasury to pay the same. RESOLUTION ADOPTED BY THE ADVISORY BOARD OP THE DEPARTMENT OF HEALTH OF THE COMMON- WEALTH OF PENNSYLVANIA, JULY 25, 1907. Resolved: That in the opinion of the Advisory Board and the Commissioner of Health, a jierson a\Lo has had the opera- tion for vaccination faithfully performed three times, at inter- vals of two successive weeks, without success is for the time immune from smallpox, and, further, that under the present law persons who have a written certificate from a reputable physician that two such attempts to vaccinate were faithfully performed and a second certificate from a physician of the State Department of Health, or of a Board or 13ureiKi of Health or Sanitary Committee for a city or borough may be admitted to school for one year without violating the spirit of the law, the object of which is simply to prevent the spread of small- pox. OF PENNSYLA'ANIA. 18] Rules OF Order, Forms, Etc. 1. RULES OF ORDER. The following rules of order are inserted to aid boards of directors in the transaction of business. They consist, mainly, of some of the plaiupst provisions of parliamentary law. Each board should make them binding by a vote to that effect: 1. Four members being present, precisely at the hour to which the board stands adjourned, the president shall take the chair, call the members to onler and proceed to business. 2. Should a quorum be assembled at the hour appointed, and the president be absent, a president pro tem. shall be appointed to serve durmg that meeting, or until the president shall appear. 3. Should a quorum not assemble at the hour appointed, the director or directors present shall be competent to adjourn from time to time, that an oi)portunity may be given for a quorum to assemble, without which no business can be legally trans- acted. 4. In the transaction of business, the following order shall be observed: 1st, recording the names of directors present; 2d, reading minutes; 3d, unfinished business; 4Lh, reports of standing committees; .Tth, reports of special committees; Gth, new business, and 7th, adjournment. 5. It shall be the duty of the president, at all times, to pre- serve order, and to endeavor to conduct all business before the board to a speedy and proper result. 6. The pi-esident. as such, has no casting vote, his right is to vote on every question by virtue of his membership. 7. The president may speak to points of order in preference to other members, and shall decide questions of order, subject to an appeal to the board by any two members. 8. A motion made must be seconded, and then repeated dis- tinctly by the president or read aloud before it is debated, and every motion shall be reduced to writing if the president or any member requires it. 182 SCHOOL LAWS AND DECISIONS 9. Any member who shall have made a motion shall haA^e liberty to withdraw it. with the consent of his second, before any debate has taken place thereon, but not after debate is had without leave being granted by the board. 10. The consideration of any question may be postponed to a time fixed, or the question may be suppressed altogether by an indefinite postponement. 11. A motion once voted down cannot be renewed at the same meeting of the board without the consent of four members. 12. An amendment may be moved on any motion, and shall be decided before the original motion ; but no more than one amend- ment to an amendment shall be entertained. 13. If a motion under debate is composed of two or more parts, which are so far independent of each other as to be sus- ceptible of division into several questions, any two members may have it divided and a vote taken on each part. 14. When any business is brought regularly before the board, the consideration of the same cannot be interrupted except by a motion — for adjournment ; to lie on the table ; for the previous question ; for postponement ; for commitment, or for amendment. 15. A motion for adjournment shall always be in order and shall be decided without debate, except that it cannot be en- tertained when the board is voting on another question or while a member is addressing the board. IG. The previous question cannot be moved by less than three members rismg for that purpose, and when thus called, all de- bate shall be precluded ; yet the call for the previous question shall not cut off any pending amendment, but the vote shall be taken without debate on the amendments in their order and finally on the main question. 17. A motion for postponement precludes commitment, and a motion for commitment precludes amendment or decision on the original subject. 18. A motion for reconsideration can only be entertained when made and seconded by members who were in the majority on the vote on the original question. in. When a blank is to be filled the question shall be first taken on the largest sum, th-e greatest number and the remotest day. 20. On questions of order, adjournment, postponement, commit- ment or the previous question, no member shall speak more than once; on all other questions each member may speak twice; but not oftener without express leave being granted by the board. 21. If the previous question be decided in the negative the effect shall be to arrest the discussion and produce an indefinite post- ponement. OF PENNSYLVANIA. 183 22. No member shall be interrupted while speaking, unless he be out of order, or for the purpose of correcting mistakes or misrepresentations. 23. No member in the course of debate shall be allowed to in- dulge in personal reflections. '^4. If any member act in any respect in a disorderly manner, it shall be the privilege of any member, and the duty of the president, to call him to order. 25. If any member consider himself aggrieved by a decision of the chair, it shall be his privilege to appeal to the board, and the vote on such appeal shall be taken without debate. 26. Members should not decline to vote on any question without weighty reasons. 27. It shall be the duty of the president to appoint all com- mittees, except when the board may decide otherwise. 28. The person first named on any committee shall hs considered the chairman thereof, whose duty it shall be to convene the com- mittee, and in case of his absence or inability to act, the second named member shall take his place and perform his duties. 29. When the president has commenced taking a vote no further debate or remark shall be admitted, unless there has evidently been some mistake, in which case the mistake shall be rectified, and the president shall lecommence taking the vote. 30. Any two members may require the recording of the yeas and nays on any question. 31. The first person recognized by the president as desiring to speak has the right to the floor. II. COMMON SCHOOL FORMS. 1. Form of Bond of Collector of School Tax. Know all men by these presents. That we are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of dollars, lawful money of the United States of America, to be paid to its certain attorney, to which payment well and truly to be made and done, we do bind our- selves, our heirs, executors and administrators, firmly, jointly and severally, by these presents. Sealed with our seals and dated the day of 19 Whereas, The above bounden has been duly elected and returned the court of quarter sessions of the peace of the county of as collector of taxes of the of in the said county for the ensuing year and has been duly qualified according to law: 13 184 SCHOOL LAWS AND DECISIONS Now, tb« condition of this obligation ia such, tbat, if the Baid shall and do, well and truly collect and pay over or account for, according to law, the whole amount of taxes charged and assessed in the duplicates which shall be delivered to him, and faithfully discharge the duties appertain- ing to the office of collector of taxes according to law, then this obligation to be void, otherwise to he and remain in full force and virtue. Sealed and delivered m the presence of • •••■«••■■■■«■•«•• ^ J *■ ^9*1 • ••••••••••■•*•«•• ^J-J* i3*/ County of , bs: I, , having been duly elected col- lector of the taxes of the of do that I will support the Constitution of the United States and constitution of the Commonwealth of Pennsylvania, and that I will well and truly collect and pay over or account for, according to law, the whole amount of taxes charged and assessed in th(- duplicates, which shall be delivered to me, and faithfully dis- charge the duties of said office according to Jaw and the hips*^ of my judgment and ability. Sworn and subscribed before me thi» ... day of ..19........ 01#rk. 2. Form of Warrant to Coliecto* of Schooi Tax County, District, t»: To C D , Collector of School district in said county. These are to require you to collect and receive from persoan assessed, the several sums in your duplicate respectively men- tioned, and you shall complete and pay unto Esq.,. treasurer of said school district, on or before the day of next, all such sum or sums of money as you may then have collected, at which time the board of school directors will attend at their place of meeting in said district, and make an abatement of deficiencies, mistakes, or for indigent persons. &c. And if any person or persons shall neglect or refuse to make payment within thirty days after lawful demand made by you, it shall and may be lawful to and for you, and you are hereby commanded and required to levy the said tax by distresE^ and sale of the goods and chattels of such delinquent, giving ten days' notice of such sale, by written or printed advertisements, rendering the overplus (If ri.nT he) tO tfe*" OiriBfTt. An*^ '" **■*•• OE^ PENNSYLVANIA. 1«5 goods and chattels cannot be found sufficient to satisfy the same, with costs of suit, then you shall take the body of every such person and bring him to the county jail, and deliver him to the sheriff or keeper of said jail, who shall detain and keep him in safe custody without bail or mainprize, until payment shall he made. And you shall complete and pay unto the said the whole amount of your duplicate, except such deficiencies, &c., as shall have been allowed as aforesaid, on the day of next. Giren under my hand and seal the day of of Anno Domini 19 ^ ^ ^^ ^ ^ Pres't Board School Directors district. Countersigned: G H Secretary of the Board. S. Form of Certificate to County Commissioners tor Non-paymem of School Tax on Unseated Ijan^lp To the commissioners of the county of ^ Gentlemen: — I do hereby certify that the followinis nonooi ita on unseated lands within the district of , war regularly assessed and set forth in the duplicate of school taj for the year 19 , delivered to me for collection by the presj dent of the board of directors thereof, and that the same ha* not been paid to me by the owner thereof. You are thereby required to cause the same to be collected and paid over, agreeably to th( thirty-fourth section of the act entitled "An act for the regula- tion and continuance of a system of education of common schools,' passed May 8, 1854, and the eighth RPftion of the supplemeni thereto, passed April 11, 1862, riz: Upon the land of A. B $00 00 Do. CD 00 00 $00 00 B P Collector of school district, county. , August ^ A. D. 19 This certificate must be delivered to the county commiasionerB previous to the first of January. 186 SCHOOL LAWS AND DECISIONS 4. Form of Certificate of Unpaid Balance by Collector, to be Filed in the Prothonotary's office. To the Frothonotary of the Court of Common Pleas of the county of I hereby certify, That school tax for the current school year, in the district of , in said county, to the amount of (insert amount in words) is due and upaid by school tax collector of said district, at the date hereof, which you are required to enter against said and . . .• and , who are his sureties, in accordance with the provisions of the thirteenth section of the act, entitled "A further supplement to the act, entitled 'An act for the regulation and continuance of a system of education by common schools,' " &c., approved April 11, 18(32. Dated this day of , A. D. one thousand nine hundred and President Board School Directors said district. Attest:— C D , Secretary. 5. Form of Bond of District Treasurer. Know all men by these presents, that we, C D B F , and G H , of in county, Pennsylvania, are held and firmly bound to A B , president of the board of school directors of school district, in county, for the use of said school district, in the sum of (here insert double the amount of the sum that will probably come into the hands of the treasurer for one year, for school purposes) dollars, lawful money, to be paid to the said school district ; to which payment well and truly to be made and done, we bind ourselves, jointly and severally, our heirs, executors and administrators, and every of them, firmly by these presents. Sealed with our seals. ' Dated the day of , in the year of our Lord one thousand nine hundred and Whereas, The said C D has been duly chosen treasurer of the said school district, for and during the term of one year from the date hereof. The condition of this ob- ligation is such, that if the said C D shall and do well and faithfully perform all the acts and duties lawfully per- taining to his oflSce as district treasurer aforesaid, according to the OF PENNSYI.VANIA. 187 terms of the school law, approved the 8th clay of May, A. D. 1854, and the supplements thereto, then this obligation to be void ; else to be and remain in full force and virtue. And further, we do hereby empower any attorney of any of the courts of record of this State or elsewhere, to appear for us, and after one or more declarations filed for the above penalty, thereupon to confess judg- ment or judgments against us, as of the last, next, or any subse- quent term, with stay of execution, and with release of errors, &c. (• D (L. S.) K F (L. S.) C H (L. S.) Sealed and delivered in presence of L M N C) 6. Form of Order on District Treasurer. , August , A. D. 19 ... . $ To the Treasurer of school district, county: Sir: — Pay to E F , or order dollars and cents, being one month's salary due him as teacher up to (or on account of salary, or for fuel furnished to school house, or for rent for school house, &c., as the case may be ;) for which this will be your sufficient voucher on settlement of your accounts. By order of the board of directors. A B Countersigned: President. C D , Secretary. 7. Form of Agreement Between Directors and Teachers. It is agreed by and between teacher, and the board of directors of school district in county, that said teacher shall, under the supervision and ex- clusive direction of said board and their successors, but subject, nevertheless, to the visitation and lawful authority of the county superintendent, teach in school house for the term of 188 .SCHOOL LAWS AND DECISIONS months, at a compensation of per month, to be paid ; reserving the right to the board of directors for the time being, to dismiss the said teacher at any time what- ever, for any of the causes specified in the twenty-third section of the act of May 8, 1854, entitled "An act for the regulation and continuance of a system of education by common schools." In witness whereof the parties have hereunto set their hands and seals day A. D. 19 A B , (L. S.) President Board of Directors. C D , (L. S.) Countersigned: Teacher. R F Secretary of Board. INDEX. ACADEMIES. Exempt from taxation, p. 96, sec. ccxxvii. Must be provided with fire escapes, p. 62, sec. cxxxv. ACCOUNTS. Treasurers', how settled with directors, p. 30, sec. Ixxi ; p 31, d. 48, 49; p. 107, d. 145, 146; p. 107, d. 147. Treasurers', how settled with auditors, p. 105, sec. ccliv, cclv, p. 106, sec. cclvi, cclvii, p. 107, cclviii, d. 145, 146, 147, X. Publication of, p. 88, sec. cxc ; p. 84, sec. cxci ; p. 84 d. 125. ALGEBRA. P. 124, sec. cccix; p. 125, d. 157. APPARATUS. Directors and superintendents cannot become agents, p. 82, sec. clxxxvi, clxxxvii, d. 117, 118. APPROPRIATION. Basis of distribution, p. 87, sec. ccii, cciii ; p. 88, sec. cciv ; note, p. 90; p. 114, sec cclxxxiii, cclxxxiv, cclxxxv, d. 149. How taxables to be obtained when not furnished by com- missioners, p. 115, sec. cclxxxiv. V\'hen errors have been made, p. 115, sec cclxxxv. When and how paid, p. 85, sec. cxcv. How forfeited, p. 75, d. 1; p. 85, d. 126; p. 85, sec. cxcv; p. 124, sec. cccvii ; p. 125, sec. cccx ; p. 126, sec. cccxii. For high schools , p. 54 , cxi ; p. 179 , act of 1909. Amounts of, for years 1909-1910, act of 1909, p. 178. ASSESSORS. Annual assessment, p. 110, sec. cclxvi. To make special assessment on persons moving into the dis- trict, p. 94, sec. ccxvii, d. 144. Duties of assessors in independent districts, p. 95, sec. ccxix. To make lists of children, p. 45, sec. xcvii ; p. 88, sec. ccvi. Penalty for neglect of duty, p. 95, sec. ccxx. ATHLETIC SCHOOLS MAY BE ESTABLISHED. P. 112, sec. cclxxi. ATTENDANCE COMPULSORY. Pp. 40-48; p. 48. d. 65. See "Compulsory Attendance." (189) 190 INDEX. AUDITORS. When to meet, p. 105, sec. ccliv. To publish statement, p. 105, sec. cclv. To file reports, p. 105, sec. cclv. What vouchers to be allowed, p. 107, d. 146; p. 108, d. 147. In independent districts, p. 107, sec. cclxi, cclxii. Pay of, p. 105, sec. ccliv; p. 107, sec. cclxiii. Incompatible with office of director, p. 24, sec. Iv. To settle accounts of collectors, p. 100; sec. ccxli. Appeal from settlement of, p. 106, sec. cclvi. Cancellation of orders, p. 107, sec. cclviii. BOARDS. See "Directors." BONDS. See "Indebtedness of Districts." BOOKS AND SCHOOL SUPPLIES. Annual selection of, p. 79, sec. clxxx. Meeting of directors ar-l teachers, p. 79, sec. clxxx; p. 81, d. 113; p. 127, d. 163. Only the series adopted to be used, p. 79, sec. clxxx. Work on new branch may be introduced after annual meet- ing, p. 81, d. 114. Can be changed only once in three years, p. 81, sec. clxxxiv. Penalty for violation, p. 81, sec. clxxxv. Adoption of, requires affirmative vote of a majoi-ity of the board, p. 34, sec. Ixxvii. To be purchased by the board and furnished free, p. 80, sec. clxxxi , clxxxiii. School supplies to be furnished, p. 81, d. 109. Cost to be reported in separate item, p. 80, sec. clxxii. Scriptures, a text book, p. 82, d. 115. Sectarian books excluded, p. 82, d. 116. Directors cannot have a pecuniary interest in furnishing books or supplies of any kind, p. 82, sec. clxxxvii, d. 117- 118. Directors and superintendents cannot act as agents, p. 82, sec. clxxxvii, d. 118. BOROUGHS. How separated from township, p, 1, sec. ii. When limits are changed, p. 7, sec. xvi. ' Borough school districts shall shai'e in rights and liabilities of townships from which formed, p. 10, sec. xxvi. When seats of directors become vacant, p. 7, sec. xvii. What boroughs entitled to elect superintendents, p. 138, sec. cccxxxvii. INDEX. 191 BOROUGH SUPERINTENDENTS. Salaries of superintendents to be paid in same manner as provided for payment of teacliers, p. 138, sec. cccxxxvii. Shall take oath of office, p. 140, sec. cccxl. Term of office, p. 138, sec. cccxxxvii. Duties, p. 140, sec. cccxl. Objections to issuing commissions, p. 139, sec. cocxxxviii. BRANCHES. P. 52, sec. cvi; p. 79, d. 108; p. 81, d. 110; P..124, see. cccvii ; cccviii ; p 125, sec. cccx ; p. 126, sec. cccxii. Physiology and hygiene must be taught, p. 125, sec. cccx; p. 126, sec. cccxii; sec. cccxiii ; d. 158, 159, 160; p. 127, d. 161. Algebra and civil government, p. 124, sec. cccix, d. 157. Branches must be on certificate, p. 129, sec. cccxviii- Humane education, p. 125, sec. cccxi. Physical culture, p. 112, sec. cclxxi. High school course, p. 53, sec ex. BUILDING TAX. See "Tax." CALISTHENICS. P. 169, sec. ccccxvi, ccccxvii. CENSUS OF CHILDREN. P. 45, see. xcvii ; p. 88, sec. ccvi. CENTRALIZATION. Definition of, p. 65, sec. cxlvii. Petition. See question to be submitted to the electors, p. 66, sec. cxlviii. CERTIFICATES, PROVISIONAL. P. 124 , sec. cccviii ; p. 128 , sec. eecxyiii. Good for one year, p. 133, sec. ccexxix. May be annulled for cause, p. 129, sec. cccxviii; d. 171. All branches to be taught must be on certificate, p. 129, sec. cccxviii. Cannot be endorsed or renewed , p. 129 , sec. cccxviii ; p. 134 , sec. ccexxix. Cannot be endorsed by any other superintendent, p. 135, d. 180. Valid only vphere issued, p. 135, d. 180. Public notice of annulment to be given, p. 130, d. 173. Directors to be notified to be present at examination, p. 129, d. 169. Not to be granted to persons who use intoxicating drinks as a beverage, p. 124, see. cccviii. t9ii INDEX. CERTIFICATES, PROVISIONAL— Continued. Not to be granted to persons of immoral character, p. 129, d. 170. Teacher's certificate not required to teach stenography and typewriting, p. 76; sec. clxxiv. CERTIFICATES, PROFESSIONAL. P. 134, sec. cccxxix. Applicants must have thorough knowledge of the branches named, p. 134, sec. cccxxix. How long valid, p. 134, sec. cccxxix. May be renewed, p. 134, sec. cccxxix. May be annulled, p. 129, d. 171. Public notice of annulment to be given, p. 130, d. 173. Not to be granted to persons who use intoxicating drinks as a beverage, p. 124, sec. cccviii. Not to be granted to persons of immoral character, p. 129, d. 170. Granted by the authority of other States, p. 137, sec. cccxxxiv. CERTIFICATES, PERMANENT. P. 134, sec. cccxxix. To be granted by State Superintendent, p. 134, sec. cccxxix; p. 135, sec. cccxxx. Recommendations required, p. 134, sec. cccxxix, p. 135, sec. cccxxx, p. 136, d. 181, 182. Where, when and how long valid, p. 134, sec. cccxxix. Written examinations requisite, p. 135, sec. cccxxx. Teachers' committee to be appointed by State Superintend- ent, p. 135, sec. cccxxxi. CERTIFICATES, NORMAL ELEMENTARY. P. 153, sec. ccclxix. Must be graduate of State Normal School, p. 153, sec. ccclxix. Term of validity, p. 153, sec. ccclxx. When master's diploma follows, p. 153, sec. ccclxx. Recommendations necessary, p. 153, sec. ccclxx. CERTIFICATES, MASTER'S NORMAL DIPLOMA. To whom granted , p. 153 , sec. ccclxx. Recommendations required, p. 153, sec. ccclxx. Valid throughout the State, p. 153, sec. ccclxx. CERTIFICATES, PRACTICAL TEACHERS' STATE. Granted by State Board of Examiners at normal schools. p. 153, sec. ccclxx. Arrnal teachers, eligible, p. 153. sec. ecclix ; ccclxx. IJSDEX 19b CERTIFICATES, PRACTICAL TEACHERS' IS J^ ATE.— Con tinned. Normal school attendance not necessary, p. 153, sec. ccclxis ccclxx. Recommendations required, p. 153, sec. ccclix : p. 154. d. 191, 192, 193. CERTIFICATES, STATE TEACHERS' PERMANENT (COL LEGE). To be issued by State Superintendent, p. 137, sec. cccxxxii. Applicants must be graduates of colleges legally empowered to confer degrees, p. 137, sec. cccxxxii. Must have taught three full annual terms in the public schools of the State, p. 137, sec. cccxxxii. Recommendations required, p. 137, sec. cccxxxii. May be annulled by State Superintendent, p. 138, sec. cccxxxvi. (JERTIFICATES OF COMPETENCY. P. 121, sec. cccii. Certificates of proficiency in teaching, p. 74, sec. clxix. CHILDREN OF SOLDIERS. P. 49, sec. ciii. CHILDREN. Admission of beginners to school, p. 34, sec. Ixxx. Employment of, certain ages forbidden by law, p. 170, sec. ccccxix, ccccxx, ccccxxi ; p. 172, sec. ccccxxviii ; p. 173. sec. ccccxxix, ccccxxx, ccccxxxi ; p. 174, sec. ccccxxxii . ccccxxxiii , ccccxxxiv. Of certain school disticts may attend schools of higher grades, p. 64, sec. cxliii. May attend a high school in an adjoining district, p. 55 sec. cxv. May attend more convenient school, p. 64, sec. cxliv. CITY, BOROUGH AND TOWNSHIP SUPERINTENDENTS Pp. 138, 139, 140, 141. CITIES. Classification of, p. 110, sec. cclxviii, clause 2. Cities of third class, pp. 108, 109, 110, 111. City treasurer to collect city, school and poor taxes, p. 111. sec. cclxix. Cities and boroughs having over five thousand inhabitani>- may establish high schools, p. 50, 51. Ma^ hold separate institutes, p. 132. sec. cccxyr. 194 INDEX CITIES— Continued. Cities, boroughs and townships may establish high .schools under act of 1895, p. 52, sec. cvii ; pp. 53, 54, 55. City and Borough Teachers' Institutes may be held on any five days, p. 133, cccxxvi. CITIES, SECOND CLASS. Boards of sub-districts may borrow money, p. 168, sec. ccccxviii. May establish industrial schools, p. 112, sec. cclxxi. CITY SUPERINTENDENTS. Pp. 138, 139, 140. CIVIL GOVERNMENT. P. 124, sec. cccix; p. 125, d. 157. COLLECTORS. Election of, p. 97, sec. ccxxviii. Term three years, p. 97, sec. ccxxviii. Vacancies, how filled, p. 97, sec. ccxxix ; ccxXx. Bond to be approved by court annually, p. 97, sec. ccxxviii. Oath of ofiice, p. 98, sec. ocxxxiii. Duties and compensation of, p. 99, sec. ccxxxvii ; p. 100, sec. ccxxxix. When to deduct five per cent. , p. 100 , sec. ccxxxix. When to add five cent., p. 99, sec. ccxxxvii. To levy by distress and sale unpaid tax, p. 102, sec. ccxlviii. Required to make statement of taxes collected, p. x04, sec. ccli. Duty to meet board annually, p. 104, sec. cclii. Failure to make payment, guilty of misdemeanor, p. 104, sec. ccliii. Warrants revived and extended, p. 102, sec. ccxllx. To pay treasurer money received , p. 104 , sec. cclii. To pay treasurer whole amount charged, p. 104, sec. ccli. Borough and township tax collectors shall make monthly returns, p. 101. sec. ccxlvi. Office abolished in townships of the first class, p. 98, sec ccxxxl. Vacancies are filled by court, ]). 97, sec. ccxxix; ccxxx. COLLEGES. The power to confer degrees, p. 159, sec. ccclxxxii. College and university councils, meetings of, p. 159, sec. ccclxxxiii. Exempt from taxation , p. 96 , sec. ccxxvii. Must be provided with fire escapes, p. 62, sec. cxxxv. COLLEGE (JRADTTATES. p. 137, sec. cccxxxii, p. 137, sec, cccxxxiii. INDKX. 195 COLLEGE CERTIFICATES. P. 137, sec. cccxxxii. COMPULSORY ATTENDANCE. Duties of parents, p. 40, sec. xciv. Notice to parent, p. 42, sec. xcv. p. 43, sec. xcvi. Census of cliildren, p. 45, sec. xcvii. Time children shall attend school, p. 40, sec. xciv. Unless excused, p. 40, sec. xciv. Special schools for truants, p. 43, sec. xcvi. Reasons for excuse, p. 40, sec. xciv. Penalty for violation, p. 41, sec. xcv. Attendance officers, p. 43, sec. xcvi. Appropriation withheld for neglect to enforce, p. 47, sec. ci. Teachers' duty to report, immediately, pupils absent three days without excuse, p. 46, sec. xcix. Secretary of board to furnish principal or teacher with list of children, p. 45, sec. xcvii. CONSTABLES. To notify persons elected directors, p. 22, sec. li. CONTAGIOUS DISEASES. P. 35, sec. Ixxxiii, p 36, sec. Ixxxiv, p. 37, Ixxxv, Ixxxvi, p. 38, sec. Ixxxvii, p. 39, sec. Ixxxix ; xc. Exposure of in public places forbidden, p. 38, sec. ixxxvii. CONTROLLERS. Board of, in city or borough, how constituted, p. 1, sec. iii ; p. 2, sec. iv ; p. 2, d. 1. COUNTY COMMISSIONERS. To furnish directors copies of last adjusted valuation, p. 93, ccxv; p. 93, d. 142, p. 94, d. 143; p. 115, d. 149. To furnish certified list of number of taxables, p. 115, sec. cclxxxiii. If not furnished, preceding certificate of taxables to be taken, p. 115, sec. cclxxxiv. m case of error, p. 115, sec. cclxxxv. Duty in formation of new districts, p. 9, sec. xxiii. Penalty for neglect of duty, p. 14, d. 9. To make special assessments in new district, p. 94, sec. ccxviii. Cannot serve as school directors, p. 24, sec. Ivi. To furnish ofiice for county superintendent, p. 127, sec. cccxv. To furnish certified list of number of children j to Superin- tendent of Public Instruction, p. 46, sec. xcviii ; p. 89, sec. ccvii , ccix. 196 IJNUEX COUNTY SUPBRIJNTi^NDENTS. Election of, p. 116, sec ccxc. Advertisement of holding election, p. lib, sec. ccx'-i By whom and when elected, p. 117, sec. ccxcii. When elected in new counties, p. 122, sec. ccciii. Acquirements of, p. 117, sec. ccxcii. Compensation, how fixed and paid, p. 118, sec. ccxcvii. Salary, p. 118, sec. ccxvii. Cannot receive compensation for teaching, p. 119, set. ccxcviii. Cannot serve as agents, p. 82, sec. clxxxvi ; p. 82, d. 118. Certificate of election to be sent to Superintendent of Public Instruction, p. 122, sec. ccciv. Objections to commissioning, when made and by whom signed, p. 122, sec. ccciv; p. 123, d. 153, 154, 155. Oath of oflice , p. 123 , sec. cccv ; d. 156. Duties in visiting schools, p. 123, sec. cccvi ; cccvii. To inform State Superintendent of incompetent teachers, d. 124, sec. cccvii; p. 126, sec. cccxii. Removal from office , p. 116 , sec. cclxxxix ; p. 119 , sec. ccxcix ; p. 127, d. 164. Vacancies, how filled, p. 127, sec. cccxiv. To examine teachers publicly, p. 129, sec. cccxviii ; d. 169. To grant certificate of proficiency in teaching, p. 74, sec. clxix. Annul certificates, p. 129, sec. cccxviii; p. 129, d. 171; n. 130, d. 172, 173, 174. Immoral persons not to be examined, p. 129, d. 171. Persons who use intoxicating drinks as a beverage not to receive certificates, p. 124, sec. cccviii, cccix. To make annual report to State Superintendent, p. 130, sec. cccxix. Approve and forward district annual reports, p. 130, sec. cccxix, d. 175, 176; p. 131, d. 177; p. 85, sec. cxciv. To attend annual examinations in State Normal Schools, p. 148, sec. ccclxiii ; p. 149, sec. ccclxv. Cannot have a pecuniary interest in school of his own, p. 119, sec. ccxcviii; p. 120, d. 150. To be supplied with suitable office by county commissioners, p. 127, sec. cccxv. Duty to call together all the school directors annually, p. 119, sec. ccc. CONVEYANCE. Directors of wards can execute deeds to controllers of cities and boroughs, p. 1, sec. iii. Property held by trustees for school purposes, p. 17, sec. xl. INDEX 197 COURTS. May create new districts, p. Z, sec. v. Designate time and place for holding election, p. 20, sec. xlviii. ... . May abolish districts, p. 4, sec. viii, ix, x. , , Appoint auditor where borough limits have been changed, p. 5, sec. xiii; p. 6, sec. xiv. May annex lands or parts thereof for school purposes, p. «, sec. xix, XX ; p. 9, sec. xxi. Application for commitment of children. Note, p. 48. _ Clerks of courts to send to State Superintendent certified copy of decree, p. ".), sec. xxiii. Appoint viewers of sites, p. G3, sec. cxli. Appoint inspector, p. 2G, sec. Ixiii. Remove directors for neglect of duty, p. 25, sec. Ixii ; p. ^b, d. 24, sec: Ixiii, Ixiv ; p. 28, d. 27, 28. May alter the boundaries of townships, p. 14, sec. xxxvii. DEBTS. See "Indebtedness." DEEDS. How executed, p. 17, sec. xli. DIRECTORS. Election and terai of office, p. 18, sec. xlv. Decreasing number of school directors in wards, p. 19, sec. xlvi. May qualify each other and how, p. 25, sec. Ix, Ixi. Must take oath of office, p. 25, sec. lix, d. 23. Time and place of election in independent districts to b'- fixed by court, p. 20, sec. xlviii, d. 12. Election how decided in case of tie vote n. 21, sec. 1, d. 13. Term, how determined when vacancies are to be filled, p. 21, sec. 1; p. 21, d. 13; p. 22, d. 14. Returns and contested election to be investigated by court,. p. 22, sec. li. When seats may be declared vacant, p. 24, sec. Iviii ; p. 25. d. 21. Manner of proceeding in contested election, p. 22, sec. li. Vacancies, when filled by board, p. 22, sec. lii ; d. 15. Appointment to fill vacancies good till the first Monday iu June ensuing, p. 23, d. 16. Resignation, p. 23, d. 17. Election in districts created from townships or borough«< leaving the school district unchanged, p. 20, sec. xlix. High school board, p. 53, clause 2. Exempt from serving in township offices, p. 24, sec. liv ; d. 20. 198 INDEX. DIRECTORS— Continued. Office of director and auditor incompatible, p. 24, sec. Iv. Office of director and county commissioner incompatible, p. 24, sec. Ivi. Exempt from serving as collector, p. 24, sec. Ivii. Refusal to serve as director, how remedied, p. 24, sec. Iviii. Removal from office, p. 24, sec. Iviii; p. 25, d. 21, 22. p. 25, sec. Ixii ; p. 26, d. 24; p. 26, sec. Ixiii ; p. 27, sec. Ixiv. When term of office begins, p. 27, sec. Ixv ; p. 28, d. 26, 29. When board to organize, p. 27, sec. Ixv, Ixvi ; p. 28, d. 26; p. 91, sec. ccxii ; p. 27, Ixvii. Rules of order, forms, agreements, etc., p. 181-lSS. Levy and assess tax, p. 90, sec. ccx ; p. 91, sec. ccxi ; d. 129, 130. Can borrow money for building purposes, p. 6S, sec. civ. Indebtedness, pp. 68-74. What officers to be elected, p. 27, sec. Ixvi. Case of failing to organize, p. 28, d. 27. Organization after ten days' legal, p. 28, d. 28. Old boards shall call meeting of new, p. 28, d. 29. What action requires affirmative votes of a majority of, p. 34, sec. Ixxvii. Powers and duties of, p. 34, sec. Ixxviii ; p. 60, sec. cxxvi ; p. 60, sec. cxxviii ; cxxix ; p. 61, sec. cxxx, cxxxi. Prevent the spread of contagious diseases, pp. 35-39. EJstablish schools, p. 34, sec. Ixxix ; p. 35, sec. Ixxxi, Ixxxii ; p. 48, d. 66, 67, p. 49, d. 68. Shall meet with the teachers and adopt a series of books, p. 79, sec. clxxx. Shall purchase books, p. 80, sec. clxxxi. Shall purchase school supplies, p. 80, sec. clxxxi; p. 81, d. 109. Shall keep separate account of cost of books and supplies. p. 80, sec. clxxxii. Cannot become agents for sale of books and supplies, p, 82. sec. clxxxvi, clxxxvii ; d. 117, 118. May grade schools, p. 82, sec. clxxxviii ; d. 119, 120. Establish high schools in cities and borough, p. 50, see. cv. Establish joint high schools, p. 52, cviii. May fix the time for sessions of school, p. 83, d. 121. Leased lots and trust property, p. 58, d. 79, 80. May establish joint schools, p. 56, sec. cxx ; p. 57, sec. cxxiii, cxxiv; p. 59, d. 85, 86. May establish free kindergartens, p. 35, sec. Ixxxi. Not bound by vote of citizens to location of school house, p. 58, d. 81. Shall provide suitable school buildings, p. 26, sec. Ixiii. May close small schools, p. 65, sec. cxlv. INDEX. 199 DIRECTORS— Continued. Have control of school buildings, p. 58, d. 83. Shall provide separate water closets on school grounds, p. UO, sec. cxxvi, cxxvii, d. 88. Remove waste matter from outhouses, p. 60, sec. cxxviii. Shall provide accommodations in adjoining districts, p. 6.3, sec. cxlii; p. 64, d. 92, 93, 94. Shall visit schools, p. 74, sec. clxviii. Shall direct what branches shall be taught, p. 79, sec. clxxix ; d. 108 ; p. 124 , sec. cccvii. Shall pay expenses of schools, p. 83, sec. clxxxix ; d. 122, 123, 124. Shall publish annual financial statement, p. 83, sec. cxc, p. 84 , sec. cxci ; d. 12.5. May suspend or expel pupils, p. 79, sec. clxxix; p. 81, d. Ill, 112. Decide what school pupils may attend, p. 82, sec. clxxxviii. Appoint teachers and fix salaries, p. 54, sec. cxii ; p. 75, sec. clxxiii; p. 77, d. 96, 97, 98, 99. May'dismiss teachers, p. 75, sec. clxxiii; p. 78, d. 104, 105, 106. Contracts in writing, p. 77, d. 96. Signing an agreement as individuals not binding, p. 33, d. 60. Shall elect county superintendent, p. 117, sec. ccxcii. i^aid for attending triennial convention, p. 118, sec. ccxcv. Annual meeting of, p. 119, sec. ccc. Shall make report of election to State Superintendent, p. 121, sec. cccii. Make annual report to county superintendent, p. 85, sec. cxciv. Certificate and affidavit, p. 85, sec. cxcv. The right conferred to take private property for public li- brary purposes, p. 163, sec. cccxcv. May join in the establishment and maintenance of library, p. 162, sec. cccxciii. Shall provide shields or jackets for stoves, p. 62, sec. cxxxvii. Thermometers for school rooms, p. 63, sec. cxxxix. DISTRICTS. What constitutes a district, p. 1, sec. i. Notice to persons having claims against districts, p. 13, sec. xxxi, xxxii, xxxiii, p. 14, sec. xxxiv. Boroughs and townships separated, p. 1, sec. ii. Cities and boroughs divided into wards, p. 1, sec. iii ; p. 2, sec. iv ; d. 1. Can purchase and sell property, p. 17, sec. xl ; d. 10. May purchase ground and hold for future use, o. 17, d. 10. 14 -iW INDEX DISTRICTS— Continued. Suits by and against, p. 17, sec. xlii. Indebtedness of districts, pp. 66-74, Against whom execution shall issue in judgment, p. 17 sec xliii. ' Debts contracted binding on future boards, p. 18, d. 11 Costs of collection against districts, how paid, p. 14, sec. xxxiv, XXXV. Inhabitants of districts competent as witnesses, p. 18 sec xliv. DISTRICTS, CONSOLIDATED. P. 1, sec. iii ; p. 2, d. 1. DISTRICTS, INDEPENDENT. How formed, p. 2, sec. v; p. 3, sec. vi. Time and place of election fixed by court, p. 18, sec. xlv. Expense of election to be paid by the county, p. 20, d. 12. When to go into operation, p. 3, sec. vii, d. 2, 3. Rights, powers and duties, p. 4, d. 4 ; p. 40, sec. xciii. How abolished, p. 4, sec. ix. To share in high school appropriation, p. 39, sec. xci. DISTRICT, CHANGES. New dfstricts go into operation, p. 3, sec. vii, d. 2, 3, p. 5 sec. xi, p. 9, d. 7. Division of property, p. 5, sec. xi ; p. 7, d. 5. Borough school districts shall share in rights and liabilities of townships from which formed, p. 10, sec. xxvi. Money and debts of old and new districts, p. 7, d. 6 ; p. 11, sec. xxviii. Real estate and movable property to pass with territory where located, p. 7, sec. xviii. Courts may annex lands or parts thereof for school purposes, p. 8, sec. xix, XX ; p. 9, sec. xxi. Duties of clerks of courts in formation of, p. 9, sec. xxiii. Duties of clerks of commissioners in formation, n. 9. sec xxv • p. 10, d. 8; p. 14, d. 9. Proceedings pending, building tax cannot be collected, p. 9, sec. xxiv. Penalty for neglect of duty of commissioners, p. 14, d. 9. Rights and liabilities when townships have been divided into two or more boroughs, p. 10, sec. xxvii ; p. 11, sec. xxviii. Annexation of a city, borough or township to a city, p. 16, sec. xxxviii. Courts may alter boundaries between boroughs and townships , p. 14, sec. xxxvii. DISTRICT SUPERINTENDENTS. P. 140, sec. cccxll. DUTY UF COUNTY OFFlULtVLiCi. P. 128, sec. cccxvi. EXAMINATIONS OF TEa..HERS. P. 129, cec. cccxviii; p. 129, d. 169, 170, 171. EVENING SCHOOLS. Pp. 166, 168. FACTORIES. Employment of children, pp. 41-44; pp. 170-177. b'lRE ESCAPES. P. 62, sec. cxxxv. FIRE PLUGS. P. 60, sec. cxxix. b'LAGS. P. 50^ sec. civ. FOREST RESERVE TAX. P. 101, sec. ccxliii, ccxliv. FREE BOOKS. "Books and School Suoplies," p. 80, sec. clxxxi. Forms, agreements, etc., p. 183. GARB OF TEACHERS. P. 76, sec. clxxvi ; p. 77, sec. clxxvii. GRADUATES OF COLi.EGES. P. 137, sec. cccxxxii, cccxxxiii. HIGH SCHOOLS. Appropriations for, p. 179, act 1909. High schools may be established, p. 52, sec. cvii. Course of instruction, p. 52, sec. cvii. May establish joint high schools, p. 52, sec. oviii ; cix. Divided into grades, p. 53, sec. ex. Appropriations, p. 54, sec. cxi ; p. 179, act of 1909. Teachers, p. 54, sec. cxii. Sworn statement, p. 54, sec. cxiii. Supervision of high schools, p. 54, sec. cxiv. Course of study must be approved, p. 55, sec. cxvi. Acquirement of land for, p. 177, sec. ccccxli, ccccxiii . ccccxliii. Requirements of, p. 54, sec. cxii; p. 55 cxvi; p. 179, act of 1909. Minimum number of pupils, p. 179, act of 1909. HIGH SCHOOLS, ACT OF 1907. P. 55, sec. cxv. HIGH SCHOOLS IN CITIES AND BOROUGHS (1893). Pp. 50-55. 202 INDEX HOLIDAYS. P. 86, sec. cxcvii ; p. 40, sec. xcii. Teaching on legal holidays and Saturday forbidden, p. S7 sec. cxcix. HOME FOR FRIENDLESS CHILDREN. Pp. 165-166. HOUSES. To be erected, p. 56, sec. cxx; p. 57, d. 74; p. 58, d. 75-82. Must provide a sufficient number, p. 26, sec. Ixiii ; Ixiv. May be granted for literary purposes, p. 57, sec. cxxii. Location of, p. 57, d. 74; p. 58, d. 75-76; p. 63, sec. cxii ; d. 89-91. Sites , p. 63 , sec. cxli ; d. 89-91. Plans for buildings, p. 56, sec. cxxi; p. 58, d. S2. Water closets, p. 60, sec. cxxvi ; cxxvii ; d. 88. Small schools may be closed, p. 65, sec. cxlv. Fire escapes, p. 62, sec. cxxxv, cxxxvi. Care and control, p. 58, d. 84. To be used for school purposes, p. 58, d. 84. Furniture and fuel to be provided for, p. 56, sec. cxx; p. 59, d. o7. United States flags may be purchased for public school houses. p. 50, sec. civ. Sanitation, relative to heat and ventilation, p. 62, sec. cxxxvii , cxxxviii. A thermometer shall be placed in every school room, p. 63, sec. cxxxix. HUMANE EDUCATION. P. 125, sec. cccxi. INCOMPATIBILITY OF OFFICES. P. 24, sec. Iv; Ivi. INCREASING INDEBTEDNESS. Pp. 69-75. INDEBTEDNESS. Pp. 69-71. INSTITUTES. County, p. 131, sec. cccxx, cccxxi. To be called by county superintendent once in each vear, p. 131 , sec. cccxx. Roll of members to be kept, p. 131, sec. cccxxi. Appropriation for, p. 131, sec. cccxxi. (Compensation of teachers for attendance, p. 1.32, sec, cccxxii • p. 133, d. 179. Schools to be closed, p. 87, sec. cxcix. File accounts with county treasurer, p. 133, sec. cccxxvii. Vouchers to be examined by auditors, p. 133, sec. cccxxvii. INDEX 203 INSTITUTES— Continued. Report of institute to be sent to State Superintendent, p. 138, sec, occxxviii. Cities and borough^ having not less than fifty teachers may have separate institutes, p. 132, sec. cccxxv. May hold on five days or ten half days, p. 133, sec. cccxxvi. Note, p. 133. INTERSTATE COMITY. In teachers' certificates, p. 137, sec. cccxxxiv, p. 138, sec. cccxxxv, cccxxxvi. KINDERGARTENS. Directors may establish and maintain, p. 35, sec. Ixxxi, Ixxxii. LIABILITIES. See "Indebtedness." LIBRARIES, DISTRICT SCHOOL, ACT OF IStil. How established, p. 159, sec. ccclxxxiv. Ownership, p. 159, sec. ccclxxxv. Duties of boards, p. 160, sec. ccclxxxvi. Selection of books, p. 160, sec. ccclxxxvi. LIBRARIES, FREE, ACT OF 1895. How established, p. 160, ccclxxxvii. School houses may be used, p. 160, sec. ccclxxxviii. Buildings may be purchased, p. 160, sec. ccclxxxviii. Levy of tax, p. 161, sec. ccclxxxix. Trustees of library, p. 161, sec. cccxc. Powers and duties of, p. 161, sec. cccxc. Vacancy, p. 161, sec. cccxc. Report, p. 161, sec. cccxc. Under State Librarian, p. 161, sec. cccxci. Gifts and endowment, p. 162, sec. cccxcii. LIBRARIES, FREE, ACT OF 1897. Borough council may make appropriation to establish and maintain free public libraries, p. 164, sec. cccxcviii. Or aid those now incorporated, p. 164, sec. cccxcviii. Municipal authorities shall be represented in their manage- ment, p. 164, sec. cccxcviii. Appropriations not to exceed one mill on the dollar, p. 165, sec. cccxcix. LIBRARIES UNDER ACT OF 1901. The right conferred to take private property for public library purposes, p. 163, sec. cccxcv. Distribution of library, p. 164, sec. cccxcvi. Powers and duties, p. 164, sec. cccxcvii. Election and term of member, p. 164, sec. cccxcvii. 204 INDEX LIBRARIES, FREE, ACT OF 1903. Adjoining townships may establish, p. 162, sec. cccxciii. Free public, non-sectarian, p. 162, sec. cccxciii. Expense and maintenance, p. 162, sec. cccxciii. May levy tax, p. 162, sec. cccxciii. Aid existing library, p. 162, sec. cccxciii. Managers shall annually report, p. 162, sec. cccxciii. MASTERS' NORMAL DIPLOMA P. 153, sec. ccclxx. MEETINGS OF THE BOARD. When to be held and business to be transacted, p. 32, ssei Ixxiv, d. 56, 57; p. 33, d. 58-62. President and secretary pro tempore may be appointed, p. 32. sec. Ixxiii, d. 55. Four members can transact any business, p. 32, d. 57. Tie vote loses the question, p. 33, d. 61. Resolutions should be put in writing, p. 33, d. 58. Stated meetings, p. 33, sec. Ixxv. Special meetings, how called, p. 34, sec. Ixxvi. Majority of the board necessary, p. 34, sec. Ixxvii MINERS' CHILDREN. P. 40, sec. xciii, pp 170-174. MINIMUM OCCUPATION TAX. P. 95, sec. ccxxii, ccxxiii ; p. 96, sec. ccxxiv. MINIMUM SALARY OF TEACHERS. P. 74, sec. clxix, clxx ; p. 75, d. 1. MONTH. Consist of twenty days' actual teaching, p. 87, sec. cxcix. Schools cannot be kept open on holidays, or during county in- stitute, p. 87, sec. cxcix. NORMAL ELEMENTARY CERTIFICATES. P. 153, sec. ccclxix. NORMAL SCHOOLS. State divided into thirteen normal school districts, p. 141, set- cccxliii , cccxliv. Establishment of schools, p. 142, sec. cccxlv. Pecuniary affairs to be managed by a board of trustees, p. 142, sec. cccxlvi. Election and appointment of trustees, p. 142, sec. cccxlvii. Number of trustees constituting a quorum, p. 143, sec. cccli Appropriations, how distributed, p. 144, p. 179, act of 1909, sec. cccliv. Indebtedness, p. 144. spf. ocflv. rcclvi ; p. 145. sec. ccclvii ccclTiii: INDEX. 205 NORMAL SCHOOLS— Continued. Insurance, p. 157, sec. ccclxxvii, ccclxviii. Authorized to refund bonded indebtedness, p. 155, sec. ccclxxii. State liens, p. 144, sec. ccclvi. Bonds and mortgages, p. 155, sec. ccclxxiii, ccclixiv. Gifts and bequests, p. 145, sec. ccclx. Trustees to make annual report in October to State Superin- tendent, p. 146, sec. cclxi; p. 146, note. Schools open to the visitation of the State Superintendent and county superintendents, p. 146, sec. ccclxi. Buildings and grounds, p. 146, sec. ccclxii. Halls, rooms, etc., p. 146, sec. ccclxii. Library, p. 146, sec. ccclxii. Professors, p. 146, sec. ccclxii. Model School, p. 146, sec. ccclxii. Qualifications and term of study, p. 147. Meeting of principals, p. 148. Text books, p. 148. Private students, p. 148. Annual examination, p. 148, sec. ccclxiii. Board of examiners, how constituted, p. 149, sec. ccclxv. Expenses, how paid, p. 149, sec. ccclxvi. Number of votes required to graduate, p. 149, sec. ccclxvi. Faculty to be appointed by board of trustees, p. 150, d. 184- 187. Principals to have supervision of the work of instruction , p. 150, d. 184-185. Students over seventeen years of age may draw allowance from State, p. 150, d. 189; p. 151, d. 190. Allowance to students, p. 150, d. 189. Conditions upon which allowances are to be paid, p. 150, d. 189. Requisites to obtain benefits of this act, p. 150, d. 189. Rival applications, p. 152, sec. ccclxviii. Certificates to be issued to graduates, p. 153, sec. ccclxix. Valid to teach for two years in any part of the State, p. 153. sec. ccclxix. x\dditional branches, p. 153, sec. ccclix. Master diploma or certificate of competency may be granted after the expiration of two full terms of actual teaching, p. 153, sec. ccclxx. Practical teachers, though not students of a normal school, may receive a State certificate, p. 153, sec. ccclix, ccclxx. Requisites to obtain said certificates, p. 153, sec. ccclix, ccclxx, p. 154, d. 191-193. 206 INDEX. NORMAL SCHOOLS— Continued. State Board can grant no provisional certificates, p. 154, sec. ccclxxi. State Superintendent to give instruction and prescribe forms, p. 157, sec. ccclxxix. OATH OF OFFICE. Directors shall take, p. 25, sec. lix. Superintendents shall take, p. 123, sec. cccv. Collectors shall take, p. 98, sec. ccxxxiii. OCCUPATION TAX. P. 96, sec. ccxxiv, ccxxv, ccxxvi. OFFICES INCOMPATIBLE. P. 24, sec. Iv, Ivi, Ivii. ORGANIZATION OF BOARD. P. 27, sec. Ixv, Ixvi, Ixvii. ft OUTBUILDINGS. P. 60, sec. cxxvi, cxxvii. Waste matter to be removed, p. 60, cxxviii. PARKS. P. 61 , sec. cxxxii , cxxxiii , cxxxiv. PHYSICAL CULTURE. P. 169, sec. ccccxvi, ccccxvii. PERMANENT CERTIFICATE. P. 134, sec. cccxxix. PHYSIOLOGY AND HYGIENE. P. 125, sec. cccx; p. 126, sec. cccxii, cccxiii ; p. 126, d. 158- 161. PRACTICAL TEACHERS' STATE CERTIFICATE. P. 153, sec. ccclxx. PRESIDENT OF BOARD OF DIRECTORS. Duties of, p. 28, sec. Ixviii, d. 30; p. 29, d. 31, 32; p. 85. sec. cxcv. Appointment of pro tempore, p. 32, sec. Ixxiii. PROFESSIONAL CERTIFICATES. P. 134, sec. cccxxix. PROVISIONAL CERTIFICATES. P. 124, sec. cccviii, cccix ; p. 129, sec. cccxviii ; p. 134, sec. cccxxix. INDEX. 207 PUPILS. See "Scholars." RETIREMENT FUND FOR TEACHERS. P. 87, sec. cc, cci. ^ RELIGIOUS GARB BILL. "Garb of Teachers," p. 76, see. clxxvi ; p. 77, sec. clxxvii. RESIDENCE, LEGAL. P. 23, sec. liii, d. 18; p. 24, d. 19; p. 49, d. 71-73. REFUSAL TO CALL SPECIAL MEETING. P. 34, sec. Ixxvi. RULES OF ORDER. P. 181. SALARIES. , Fixing salaries of county supei'intendents, p. 118, sec. ccxcvii. Teachers' minimum salary, p. 74, sec. clxix, clxx ; p. 75, d. 1. SCHOLARS. Attendance compulsory, p. 40-48. Common school scholars, age of, p. 34, sec. Ixxix; p. 48, d. 66-67. To what school sent, p. 82, sec. clxxxviii ; p. 63, sec. cxlii ; p. 64, sec. cxliii, d. 93-94. Residence to be in district, p. 49, d. 69-71. Directors must determine place of residence, p. 49, d. 73. Admission of, p. 34, sec. Ixxix. May be admitted in other districts, p. 63, sec. cxlii; p. 64, sec. cxliii , d. 93-94 ; p. 55 , sec. cxv. Expulsion and suspension, p. 79, sec. clxxix ; p. 81. d. 111- 112. Deaf mutes , p. 55 , sec. cxvii , p. 56 , sec. cxviii. Blind children, p. 56, sec. cxix. Soldiers' children, p. 49, sec. ciii. Entrance of beginners, p. 34, sec. Ixxx. May attend school nearer than one and one-half miles, p. 64, sec. cxliv. May attend a high school in adjoining district, p. 55, sec. cxv; p. 179 , act of 1909. Certain children not allowed to attend school, p. 35, sec. Ixxxiii ; p. 36, sec. Ixxxiv ; p. 37, sec. Ixxxv, Ixxxvi : p. 38, sec. Ixxxvii. Miners' children, p. 40, sec. xciii ; pp. 170-174. Factory children, p. 39, sec. xci ; p. 40, sec.xcii ; pp. 170-174. In custody, note, p. 48. Commitment of children, note, p 48. 208 INDEX. SCHOOL BOOKS. P. 79, sec. clxxx, p. 80, sec. clxxxi. SCHOOL CENSUS. P. 45, sec. xcvii. SCHOOL SUPPLIES. P. 80, sec. clxxxi. School term, p. 86, sec. cxcviii. SCHOOL MONTH. P. 87, sec. cxcix. SCHOOL DAY. P. 83, d. 121. SCHOOL TAX. See "Tax." SCHOOLS. Schools in cities of the third class under act of 1874, p. 108- 112. Joint High Schools, p. 52, sec. cviii, cix ; p. 179. Sufficient number of common schools, p. 34, sec. Ixxix ; p. 48, d. 66-68; p. 26, sec. Ixiii, p. 27, sec. Ixiv. No distinction on account of race and color, p. 84, sec. cxcii, cxciii. For deaf mutes, p. 55, sec. cxvii, p. 56, sec. cxviii. Blind children, p. 56, sec. cxix. Night schools, pp. 166-168. High schools in cities and boroughs having over five thousand inhabitants, p. 50, sec. cv. pp. 50-52. High schools, act of 1895, p. 53, sec. cvii, cviii, cix; p. 54, sec. ex, cxi, cxii, cxiii. Small schools may be closed, p. 65, sec. cxlv, cxlvi. High schools, act 1907, p. 55, sec. cxv. Graded schools, p. 82, sec. clxxxviii, d. 119-120. Athletic schools, p. 112, sec. cclxxi. For adults, including foreigners, p. 112, sec. cclxxii. Industrial schools, p. 112, sec. cclxxi. SCHOOL JOURNAL. Official organ, p. 128, sec. cccxvii. To be furnished each district, p. 128, sec. cccxvii, d. 165- 168. SECRETARY. Duties of, p. 29, sec. Ixix. Make annual district report, p. 29, sec. Ixix. To notify county superintendent of employment of teachers, p. 29, d. 33. ^ INDEX 20t SECRETARY— Continued. May or may not be a member of the board, p. 27, sec. Ixrii. Appointment of secretary pro tempore, p. 32, sec. Ixxiii, d. 55. To send address of officers to State Superintendent, p. 29, d. 33. To furnish principal or teacher with a list of children subject to the provisions of the compulsory act, p. 45, sec. xcvii. SINKING FUND. How created, p. 110, sec. cclxvii. SITES. P. 63, sec. cxli; d. 89-91; p. 58, d. 77-78. SOLDIERS' CHILDREN. P. 49, sec. ccciii. CTATE APPROPRIATION. P. 90. < LATE SUPERINTENDENT. To be appointed by the Governor, p. 113, sec. cclxxix. Confirmed by the Senate, p. 113, sec. cclxxix. Term of office for four years, p. 114, d. 148. Duties of, p. 114, sec. cclxxx. To decide controversies and disputes between boards of direc- tors, p. 114, sec. cclxxxi. To give advice and explanations, p. 114, sec. cclxxxii. Sign orders for State appropriation, p. 114, sec. cclxxxii. To prepare and distribute blank forms, p. 115, sec. cclxxxvi. Issue permanent certificates, p. 134, sec. cccxxix. To issue State teachers' permanent certificates to college grad- uates, p. 137, sec. cccxxxii. Commission superintendents, p. 122, sec. ccciv. Appoint trustees of normal schools, p. 142, sec. cccxlvii ; p 143, sec. cecl. Make annual report, p. 116, sec. cclxxxvii. Provide seal, p. 116, sec. cclxxxviii. Appoint a deputy, p. 116, sec. cclxxxviii. Can remove county superintendents, p. 116, sec. cclxxxix ; p. 119, sec. c(xcix] p. 127, d. 164. Fill vacancies of county superintendents, p. 116, sec. cclxxxix: p. 127, sec cccxiv. Prescribe forjns for normal schools, p. 157, sec. ccclxxix. Approve rult3 and by-laws of boards of trustees, p. 143, sec. cccli. Issue of certificate of competency, p. 121, sec. cccii. / uthorized to endorse normal school diplomas and permanent certificates granted to teachers in other States in the Union, p. 137. sec. cccxxxiv. p. 138, sec. cccxxxv, 210 INDEX. STUDIES. P. 124, sec. cccix, p. 125, sec. cccx, cccxi. SUITS. By and against districts, p. 17, xlii. SUPERINTENDENTS. Cities, boroughs and townships may elect, p. 138-141. SUPPLIES. P. 80, sec. clxxxi. Officers of institutions receiving State aid not to sell supplies, p. 145, sec. ccclix. SUPERVISING PRINCIPALS, i:*. 140, sec. cccxli. TAX. Amount of, how determined, p. 90, sec. ccx ; p. 91, d. 128; o. 91, sec. ccxi; p. 91, d. 129-131. Requires affirmative votes of a majority, p. 34, sec. Ixxvii. Levy and apportionment of, p. 91, sec. ccxl. School tax when to be levied, p. 27, sec. Ixv ; p. 91, d. 129-132. When collectors may add five per Cent., p. 99, sec. ccxxxvii. Exonerations, p. 100, sec. ccxl. Debt of former years, how provided for, p. 91, d. 134. Amount of, limited, p. 92, d. 135; p. 93, d. 140, 141. Special tax in cities and boroughs, p. 92, sec. ccxiv. Building tax, p. 92, sec. ccxiii. How taxes applied, p. 92, d. 136, p. 93, d. 137-139. Statement of taxes collected made to secretary, p. 104, sec. ccli. Collections to be paid treasurer on or before tenth of each month, p. 104, sec. ccli. failure to make payment, p. 104, sec. ccliii. Building tax, limited, p. 93, d. 140-141. What things taxable, p. 91, sec. cccxi; 93, d. 142-143. Names of persons omitted, p. 94, sec. ccxvi, d. 144. Kinds of school tax, p. 96, sec. ccxxvi. Limit of tax on trades, professions and occupations, p. 96, sec. ccxxiv. Per capita tax of one dollar, p. 96, sec. ccxxiv, ccxxvi. (See note.) Persons taxable on trades, professions and occupations, p. 95, sec. ccxxiii. Lien of taxes limited, p. 103, sec. ccl. Churches, hospitals, universities, p. 96, sec. ccxxvii. Unseated lands, p. 100, sec. ccxiii. Forest reserves, p. 101, sec. ccxliii. INDEX. 211 TAXABLES. Basis of State appropriation, p. 90. (Note.) P. 95, sec. ccxxiii. Number of taxables to be ascertained by the county commission- ers, p. 115, sec. cclxxxiii. Certified list to be sent to the State Superintendent, p. 115, sec. cclxxxiii. When to be forwarded, p. 115, sec. cclxxxiii. In case of commissioners' neglect, p. 115, sec. cclxxxiv. How errors may be corrected, p. 115, sec. cclxxxv. When new districts have been formed, p. 9, sec. xxii, xxiii, d. 7, XXXV ; p. 10, d. S. TEACHERS. Qualifications of, p. 124, sec. cccix, p. 125, sec. cccx, cccxi. To be appointed by directors, p. 75, sec. clxxiii ; p. 76, sec. clxxv. Persons who use intoxicating liquors as a beverage not to be licensed, p. 124, sec. cccix. Election of requires affirmative vote of a majority of the board, p. 34, sec. Ixxvii. To have an agreement, p. 77, d. 96. The certificate a good guide, p. 77, d 97. May be elected for two and three years, p. 76, sec. clxxv. Family, political or church influence not to be permitted, p. 77, d. 99. Jurisdiction over pupils, p. 77, d. 100. To be impartial, p. 78, d. 101. Right to punish , p. 78 , d. 102-103. May suspend pupils, p. 81, d. 112. Dismissal of teachers, p. 75, sec. clxxiii; p. 78, d. 104-106; p. 34, sec. Ixxvii. To make monthly reports, p. 79, sec. clxxviii. Salary to draw interest, p. 83, d. 124. To report absentees, p. 46, sec. xcix. To close schools on Saturdays, legal holidays and during county institute, p. 87, sec. oxcix. To attend county institutes, p. 131, sec. cccxx, cccxxi ; p. 132. sec. cccxxii. Compensation for attending institutes, p. 132, sec. cccxxii, cccxxiii , cccxxiv : d. 178. Retirement fund, p. 87, sec. cc, cci. TERM. Length of, p. 86, sec. cxcviii ; p. 90, sec. ccx ; p. 91, d. 128; p. 127, d. 162. Requires affirmative votes of a majority of board, p. 34, sec. Ixxvii. 212 INDEX TEXT BOOKS. P. 79, sec. clxxx; p. 80, sec. clxxii, cixxxiif. TOWNSHIP SUPERINTENDENTS. P. 138-141. TOWNSHIP SUPERVISING PRINCIPALS. P. 140, sec. cccxli ; p. 141, sec. cccxiii. TRANSPORTATION. School directors may provide transportation for children when schools are clospd by reason of small attendance, p. 65. sec. cxlv, cxlvi. TREASURER. Election of, p. 27, sec. Ixvi. In cities of the third class, p. Ill, sec. cclxix. Bond duties and percentage, p. 30, sec. Ixxi. To pay orders, p. 30, sec. Ixxi, d. 43, p. 31, d. 44-46. To pay executions, p. 17, sec. xliii ; p. 31, d. 47. Not to be appointed until accounts are settled, p. 30, sec. Ixxi, d. 42; p. 31, d. 48; p. 31; sec. Ixxii. fercentage not allowed on money on band, p. 31, d. 62. To pay interest on money on hand, p. 31, d. 53. Cannot convert school funds to his own use, p. Si . <1 ^4 Accounts to be Settlpd hv nnditnro. p. «1 , a BO riNSEATED LANDP See "Tax." VACCINATION. P. 39, sec. Ixxxix, xc. Resolution of the Advisory Boara and the Commissioner of Health regarding vaccination, p. 180. VACANCIES IN SCHOOL BOARDS. P. 22, sec. lii; pp, 22, 23 WASTE MATTER. P. 60, sec. cxxviii. WATER CLOSETS. P. 60, sec. cxxvi, exxvii, d. 88. Waste matter to be removed, p. 60, sec. cxxviii. WATER SUPPLY. Directors may contract for, p. 60, sec. cxxix. Payment of costs , p. 61 . sec. cxxx. YEA AND NAY VOTE, p. 34. nee. IxiTii. ■^ mR 1 4 1952 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 223 905