LB SB ED b!3 GIFT OF GIFT THE PUBLIC SCHOOL LAWS OF MARYLAND AS CONTAINED IN CODE OF PUBLIC GENERAL LAWS OF 19O4, SUPPLEMENT OF 19O6 AND THE ACTS OF 19O8 AND 191O. PUBLISHED BY AUTHORITY OF THE STATE BOARD OF EDUCATION. UNIVERSITY OF IQIO BALTIMORE MEYER & THALHEIMER PUBLIC PRINTER THE PUBLIC SCHOOL LAWS OF MARYLAND AS CONTAINED IN CODE OF PUBLIC GENERAL LAWS OF 19O4, SUPPLEMENT OF 19O6 AND THE ACTS OF 1908 AND 191O PUBLISHED BY AUTHORITY OF THE STATE BOARD OF EDUCATION igio BALTIMORE MEYER & THALHEIMER PUBLIC PRINTER STATE BOARD OF EDUCATION 1910 GOVERNOR AUSTIN L. CROTHERS, President. M. BATES STEPHENS, Secretary. CLAYTON PURNELL, - . Frostburg, Md. WILLIAM S. POWELL, Ellicott City, Md. ZADOK P. WHARTON, Stockton, Md. REV. THOMAS H. LEWIS, D.D., Westminster, Md. ROBERT C. COLE, Baltimore City. HENRY C. LONGNECKER, - Towson, Md. THE PUBLIC SCHOOL LAW OF MARYLAND AS CONTAINED IN THE MARYLAND CODE, PUBLIC GENERAL LAWS, EDITION OF 1904, AND SUBSEQUENT AMENDMENTS. PASSED AT THE JANUARY SESSION, 1872, AMENDED AT THE JANUARY SESSION, 1874, 1884, 1886, 1888, 1890, 1892, 1894, 1890, 1898, 1900, 1902, 1904, 1906, 1908 and 1910. CONSTITUTION OF 1867. AETICLE VIII. EDUCATION. Section 1. The General Assembly, at its first session after the adoption of this constitution, shall by law estab- lish throughout the State a thorough and efficient system of free public schools; and shall provide by taxation, or otherwise, for their maintenance. Clark vs. Md. Institute, 87 Md., 661. Sec. 2. The system of public schools, as now consti- tuted, shall remain in force until the end of the said first session of the General Assembly, and shall then expire, except so far as adopted or continued by the General Assembly. Sec. 3. The school fund of the State shall be kept inviolate, and appropriated only to the purposes of edu- cation. AETICLE LXXVII. (CODE OF 1904.) PUBLIC EDUCATION. 1872, ch. 377. 1. There shall be throughout the State of Maryland a general system of free public schools, according to pro- visions of this article. St. Mary's Industrial School vs. Brown, 45 Md., 311. 6 PUBLIC SCHOOL LAW CHAPTER I Supervision. 1872, ch. 377. 2. Educational matters affecting the State, and the gen- eral care and supervision of public education, shall be entrusted to a State board of education. 3. Educational matters affecting a county shall be under the control of a board of county school commis- sioners. 94th Md. 344. 1872, ch. 377. 4. Educational matters affecting a school district shall be under the supervision of a board of district school trustees. CHAPTER 2 Formation of Boards. 1904, ch. 584. 5. The governor, by and with the advice and consent of the senate, if in session, and without said advice and con- sent when not in session, shall appoint before the first Monday in May, next ensuing, six persons, at least two of whom shall be from the political party which at the last preceding election for governor received next to the highest number of votes, said minority representation of at least two members as aforesaid to be continued there- after, to be members of the State board of education, two of whom shall hold office for a term of four years, from the first Monday in May next succeeding their appoint- ment and until their successors shall qualify; the governor shall, at the time of making said appointment, designate the term of years of each of said members when first appointed under this article; the term of office of said members, after the expiration of the term for which first appointed, shall be a term of six years, and to take the places of the members of said board whose terms of office shall so expire, the governor shall, every two years after April 12, 1904, before the first Monday in May in such years, appoint two persons as members of said board to serve for terms of six years from the first Monday in May OF MARYLAND. 7 next succeeding their appointment and until their suc- cessors shall qualify; said persons shall be of high char- acter, integrity and capacity, these six members, together with the governor and the State superintendent of public education, shall constitute the State board of education, but principals of the State normal schools and of the nor- mal department of any school or college under the control of the State board of education whose certificates are recognized by it shall be ex-officio honorary members of this board, but with no vote. In case of a vacancy by death, resignation, disqualification or otherwise, the gov- ernor shall fill such vacancies. 1906, ch. 353. 6. The governor, by and with the advice and consent of the senate, if in session, and without said advice and con- sent when not in session, shall appoint a board of county school commissioners for each county in this State, to be composed in the counties of Baltimore, Carroll, Frederick, Dorchester, Washington and Montgomery of six persons, and in each of the other counties of three persons ; two of whom in the counties of Baltimore, Carroll, Frederick, Dorchester, Washington and Montgomery, and one of whom in each of the other counties shall hold their office for the term of two years ; two of whom in the counties of Baltimore, Carroll, Frederick, Dorchester, Washington and Montgomery, and one of whom in each of the other counties shall hold their office for the term of four years; and two of whom in the counties of Baltimore, Carroll, Frederick, Dorchester, Washington and Montgomery, and one of whom in each of the other counties shall hold their office for the term of six years from the first Monday of May next succeeding their appointment and until their successors shall qualify. The governor shall at the time of making said appointments designate the term of years of each of the said commissioners when first appointed under this section; provided, however, that all county school commissioners heretofore appointed under this sec- tion, as amended by chapter 79 of the acts of 1900, shall 8 PUBLIC SCHOOL LAW serve out the terms for which they were respectively ap- pointed and designated ; and provided further, that at the time of making the appointment of the three additional school commissioners for Montgomery county, as herein provided, the governor shall designate the terms of years of each of the said additional commissioners. The term of office of the said commissioners, after the expiration of the term for which first appointed, shall be a term of six years ; said persons shall be men of high character, integ- rity and capacity. Two of said appointees for the coun- ties of Baltimore, Carroll, Frederick, Dorchester, Wash- ington and Montgomery and one of said appointees for each of the other counties shall be selected and appointed by the governor from the political party which at the last preceding election for governor cast next to the highest number of votes in the State, so that said minority party shall always have a proper representation upon each of said boards. The governor may remove for incompe- tency, neglect of duty or misconduct any person so ap- pointed by him as commissioner of public schools after giving due notice to such person of the charges made against him and a reasonable opportunity to be heard in his own defense. In case of vacancy by death, removal from the county, removal from office by the governor, resignation or disqualification from any cause, the gov- ernor shall fill such vacancy with an appointee from the same political party as that of the person whose position shall have become vacated. 1904, ch. 584. 7. The board of district school trustees shall be com- posed of three persons, residents of the school district and county where said school may be located, who shall be appointed by the county school commissioners on the first day of May, or at their first meeting thereafter, which must be held during the month of May in each year, and who shall meet within thirty days after their appointment and enter upon the duties assigned them in chapter 5 of this article; at their first meeting they shall appoint a OF MARYLAND. 9 chairman and shall give notice of their appointment to the secretary of the board of county school commissioners; when the trustees appoint a principal teacher, and the appointment shall be confirmed by the board of county school commissioners, the said principal teacher shall be ex-officio secretary to the board of district trustees; dis- trict school trustees shall take and subscribe the oath or affirmation of office prescribed by the constitution before the county school commissioners, county superintendent, clerk to said county school board, or any other officer duly authorized to administer oaths. CHAPTER 3 State Board of Education. 1872, ch. 377. 8. The State board of education shall hold regular meet- ings on the last Wednesday in May, August, November and February of every year, and special meetings as occa- sion may require. Duer vs. Dashiell, 91 Md., 669, 688. 1904, ch. 584. 9. The office of the State board of education shall be in Annapolis. 1906, ch. 356. 10. The members of the board shall receive no salary, but their actual expenses incurred in attending the meet- ings and transacting the business of the board shall be paid, and they are authorized to employ clerical assistance when necessary, and the treasurer of the State, upon the warrant of the comptroller, is hereby directed to pay to the president of the board, from the general funds for public schools, for the purpose of meeting such expenses, the sum of three thousand dollars ($3000) per annum, in quarterly installments. 1904, ch. 584. 11. The State board of education shall, to the best of their ability, cause the provisions of this article to be carried into effect, and may, if necessary, institute legal 10 PUBLIC SCHOOL, LAW proceedings for that purpose with the direction and ad- vice of the attorney-general; they shall enact by-laws for the administration of the public school system not at variance with this article, which when enacted and pub- lished shall have the force of law; they shall have the power to remove or suspend any county superintendent who may be found inefficient or incompetent for the' dis- charge of duties assigned him, or guilty of such moral delinquency as unfits him for the office he holds; they shall explain the true intent and meaning of the law, and they shall decide, without expense to the parties con- cerned, all controversies and disputes that arise under it, and their decision shall be final. School Board vs. Wagaman, 84 Md., 162. 1872, ch. 377. 12. They shall have the general care and supervision of the public school interests of the State; shall act as as- sistants and advisers of the various county boards; and shall, from time to time, issue circular letters to teachers and commissioners on topics connected with the adminis- tration of public schools. Ibid. 13. In order to insure uniformity in the statistical re- ports of the public schools, they shall issue a uniform series of blanks for the use of teachers and of county boards, and shall require all accounts to be kept and returns to be made according to these forms. Ibid. 14. They shall, when requested by the board of county school commissioners, examine candidates for the office of county superintendent, and give a certificate of qualifica- tion. Ibid. 15. They may grant to teachers of long experience and established reputation professional certificates, which shall be valid until revoked for cause. OF MARYLAND. II 19(H, ch. 584. 16. The members of the State board of education shall be ex-officio trustees of the State normal schools. 1904, ch. 584. 17. All schools and colleges and all normal school de- partments receiving State donations shall make a report on or before the fifteenth day of September in each year of such matters and in such form as the State board of education shall require; and said reports, or an abstract therefrom, shall be published by the president of the board in his annual report. f Duer vs. Dashiell, 91 Md., 669, 648. Superintendent of Public Education. 1902, ch. 466. 18. The governor, by and with the advice and con- sent of the senate, shall appoint a competent person as superintendent of public education for the State of Mary- land, who shall serve for a term of four years, beginning on the first Monday in May ensuing his appointment, and until his successor has been appointed and qualified ac- cording to law; and said person as superintendent of public education shall be ex-officio a member of the State board of education; provided, that the governor at any time may remove such person from office for misconduct or inefficiency, upon submitting his reasons for such re- moval in writing to such person; and provided, further, that such removal be approved and ratified by two-thirds of the members of the State board of education. 1904, ch. 584. 19. The superintendent of public education shall re- ceive a salary from said appropriations for public schools, the amount of which salary shall be fixed by the State board of education, provided it shall not exceed the sum of three thousand dollars per annum, in addition to an allowance of five hundred dollars per annum for traveling expenses; the said superintendent of public education 12 PUBUC SCHOOL LAW shall receive annually the sum of one thousand dollars, or so much thereof as may be needed, for the purchase of stationery, office fixtures and supplies ; and he shall cause to be printed and distributed to the public school teachers of the counties of the State each year a pamphlet for the proper observance of Arbor day, a teacher's manual of institute work, the proceedings of the Maryland State Teachers' Association, and such other circulars and printed matter as will encourage the work of public in- struction and promote its uniformity; provided, all bills for such expenditures shall be approved by the State board of education ; and said superintendent shall appoint a clerk, who shall also act as clerk to the State* board of education, and who shall be paid a salary from the appro- priations for public schools, the amount of which salary shall be fixed by the State board of education; provided, that it shall not exceed the sum of twelve hundred dollars ; provided, further, that the office of said board shall be the office of said superintendent ; and provided, that the clerk to the said superintendent of education shall not be em- ployed as teacher or otherwise in any capacity in any of the public or normal schools of this State. 1904, ch. 584. 20. It shall be the duty of the superintendent of public education to inform himself and the State board of educa- tion as to the condition of the public schools throughout the State; to diffuse information as to the best methods of instruction; to receive and present the State board of education the reports of the various boards of county school commissioners; to examine said county boards' statement of expenditures of school funds, and submit his judgment on the same to the State board of education; to have authority to endorse such normal school diplomas from other States as he may deem proper, and when so endorsed, they shall be legal certificates to teach in any elementary public school in the State until revoked; to arrange dates for teachers' institutes, and assist the county superintendent in the preparation of the program OF MARYLAND. 13 of the county teachers' institute, and also attend same when in session, when possible, and give instruction; he shall devote his whole time to the duties of his office, and in every way conserve the interests and promote the effi- ciency of the public schools of the State; the State super- intendent shall also be the secretary of the State board of education. 1908, ch. 494. 20A. The State superintendent of public education, subject to confirmation by the State board of education, shall on or before the 31st day of July in each year appoint a competent person to be known as assistant superin- tendent of public education, who shall serve for one year, unless removed as hereinafter provided, and who shall receive a salary of $2000 per annum, to be paid from the appropriation for public schools, and shall receive no additional pay for any services said board may require; the said assistant so appointed shall act for and in the name of the superintendent in such branches of his office and field work as shall or may, in the discretion of said superintendent, be committed to him; and faithfully and efficiently perform such duties as may be required of him by either the superintendent or the State board of educa- tion; and the said assistant superintendent shall be subject to removal by the superintendent, with the approval of the State board of education, at any time for inefficiency or misconduct in office; provided, however, that the reason for such dismissal must be submitted to him in writing. CHAPTER 4 County School Commissioners. 1904, ch. 584. 21. The board of county school commissioners shall meet for organization on the first Tuesday in May next succeeding their appointment, or as soon thereafter as may be, and elect a person, not a member of the board, who shall serve as secretary and treasurer of the board of county school commissioners and county school superin- tendent of public education, and notice of such election, 14 PUBLIC SCHOOL LAW signed by the president of the board, shall be transmitted to the comptroller; the person thus elected as secretary, treasurer and county superintendent shall enter upon his duties the first day of August next ensuing after his elec- tion; in counties having more than eighty-five schools the board may, at their discretion, appoint a clerk and fix his salary; the board shall meet at least once in every school term, and at other times, if necessary, for the transaction of business ; each commissioner shall receive as an annual salary the sum of one hundred dollars, and he shall make no further charge or charges for any services rendered. Co. Commrs. vs. School Commrs., 77 Md., 288. Duer vs. Dashiell, 91. Md., 669. 1904, ch. 584. 22. The board of county school commissioners are hereby declared to be a body politic and corporate by the name and style of the board of county school commis- sioners of - - county, and by that name shall have perpetual succession, and shall be capable to sue and be sued, to use and have a common seal, and the same at their pleasure to alter or break, and to exercise all the powers and privileges hereby granted to or vested in them; and every county superintendent or assistant county superin- tendent shall have power to take affidavits and administer oaths in all matters pertaining to public schools, but with- out charge of fee. 1872, ch. 327. 23. All the property, estate, effects, money, funds, claims and State donations, heretofore vested by law in the public school authorities of any county, for the use and benefit of public, primary, free or high schools, are transferred to and vested in the board of county school commissioners and their successors in office. 1904, ch. 584. 24. The board of county school commissioners shall have the general supervision and control of all the schools in their respective counties; they shall build, repair and OF MARYLAND. 15 furnish school houses ; they shall purchase and distribute text-books; they shall, after advising with the principal of the school to which the teacher is to be appointed, appoint all assistant teachers; they shall have authority to consolidate schools when, in their judgment, consolida- tion is practicable and desirable, and to arrange for and to pay charges of transporting pupils to and from such schools, and shall perform such other duties as may be necessary to secure an efficient administration of the pub- lic school system, subject to the provisions of this article. 1904, ch. 584. 25. The State school tax and free school fund are primarily intended, under this article, to pay the salaries of the teachers of the several counties and to provide school books and stationery for the children of the State; if, however, in apportioning the said school tax among the different counties and the city of Baltimore, the share of any county should prove inadequate for the purposes aforesaid, then the county commissioners of such county are hereby authorized, empowered, directed and required to levy and collect such a tax upon the assessable property of such county as the board of county school commis- sioners shall designate as sufficient to make good the de- ficiency; provided, that said tax shall not exceed fifteen cents on the hundred dollars, unless the county commis- sioners shall approve and sanction an additional tax; taxes so levied and collected shall be paid quarterly, on the day fixed for payment of the said school tax to the several counties (but the proceeds from special taxes may be paid oftener, upon the order of the board of county school commissioners to the treasurer of the said board of county school commissioners), in order that the schools of said counties may be kept open for the time herein set forth, and said tax shall be levied and collected as other taxes ; any sums of money which may have been specially collected or levied on any election or school house district for educational purposes connected with these districts, shall be collected for and applied to the purposes so 1 6 PUBLIC SCHOOL LAW intended originally, and shall be used for no other pur- poses ; and if said funds have been used otherwise they shall be returned and applied as aforesaid. 1872, ch. 377. 26. In all cases where the county has not been properly divided into school districts, and full records of the boun- daries thereof have not been made and recorded, the board of county school commissioners shall appoint a committee if, in their opinion, they deem it necessary, consisting of three persons of intelligence and sound judg- ment, who shall divide the county into suitable school districts, define and describe the boundaries of each; pro- vided, that no school district shall contain a greater area than four miles square, unless a part of it be located in a thinly settled region. In the formation of the school dis- tricts the committee shall take into consideration the most suitable site for the school house, the general features of the country, and shall make each school dis- trict of such a size and form as will best accommodate the population within its bounds. The committee shall make an accurate description of the bounds of the school districts, accompanied by a plat, and shall report the same to the board of county school commissioners, who shall thereupon give notice in all the newspapers of the county at what time they will meet to hear applications for a change of boundaries, which applications shall be made in writing and within two months from the date of the first publication of such notice. When the applications shall have been made and considered, the board of county school commissioners may then change the boundaries of school districts and revise the description; or they may, without application, make such changes as may be deemed important, or they may ratify and confirm the report of the committee. The description of the boundaries of school districts shall be recorded in a book; kept for that purpose, by the secretary of the board of county school commissioners. In those counties where no newspaper is published, the notice of application for a change of boun- OF MARYLAND. 1 7 daries shall be published in such a manner as the board of county school commissioners may decide. Whenever it may be necessary, the board of county school commis- sioners shall employ a surveyor to aid the committee in the performance of such duty, and they shall allow the surveyor such compensation for his services as may be just and proper, and the committee shall receive no com- pensation whatever for their services. The cost of dividing the county shall be paid by the county school commissioners out of the school fund of the county. If a county has already been divided into school districts, and it may be necessary to revise the same, the board of county school commissioners shall have full power to make such revision or alterations as may be necessary to accommo- date the population and increase the efficiency of the schools. A full description of such changes and altera- tions shall also be made and recorded as aforesaid. 1904, ch. 584. 27. The board of county School commissioners shall, on or before the first day of September in every year, make a report to the State board of education, in such form as may be presented by the latter, of the schools and all matters affecting the educational interests of the county; they shall also publish annually, in the month of November, in such form and manner as they may deem proper, a statement of their receipts and disbursements, including the money received and expended on account of text-books, and a statement of the indebtedness of the board at the close of the fiscal year, and the items of expense of the individual schools and forward a copy to the State board of education. 1898, ch. 445. 28. In case of the death of any county school commis- sioner, or his resignation or removal from the county, or disqualification from any legal cause, during the recess of the general assembly, the governor shall have power to appoint a qualified person to fill the vacancy for the 1 8 PUBLIC SCHOOL LAW unexpired term; in case of inefficiency, refusal to act, or breach of trust, the board may, by vote of a majority of its members, declare the office vacant and give notice to the party concerned. An appeal may be taken to the State board of education, whose decision shall be final, but if no appeal be taken within ten days, the vacancy shall be filled as hereinbefore provided. Ash vs. McVey, 85 Md. 126. 1872, ch. 377. 29. No teacher, in actual employment as such, shall fill the position of county school commissioner. CHAPTER 5 District School Trustees. 1904, ch. 584. 30. The board of district school trustees shall have the care of houses and lands connected therewith intended for school purposes; also furniture, apparatus and other school property; they shall attend to all repairs and charge the cost among the incidental expenses of the school, to be paid out of the tax levied upon the assessable property of the county as herein provided for; provided, that when repairs are to be paid out of county school taxes, the amount to be expended for said school repairs shall be determined by the board of county school com- missioners before the repairs are made; the board shall employ a principal teacher, subject to confirmation by the board of county school commissioners, from among those persons who hold the certificate required by this article; they shall exercise a general supervision over their respective schools, and visit them frequently, and shall cause instruction to be given for ten months in the year, if possible. 1872, ch. 377. 31. The board of district school trustees shall see that every school house site is provided with suitable out- buildings. OF MARYLAND. IQ 1894, ch. 524, sees. 1 and 2. 32. Boards of school commissioners in every city and county of the State shall provide suitable and convenient water closets or out-houses for each of the schools under their official jurisdiction, not less than two for each school or building, when both sexes are in attendance, in their respective school districts, with separate means of access for each; and unless placed at a remote distance, one from the other, the approaches or walks thereto shall be sepa- rated by a substantial close fence, not less than seven feet high; and it shall be the duty of the said commissioners to make provisions for keeping the said water closets or out-houses in clean, comfortable and healthful condition. Any failure on the part of said public school commission- ers to comply with the provisions of this section shall make them liable to be removed from office by any court of competent jurisdiction, either in the city of Baltimore or in any county where the schools may be located, upon complaint made to the court, under oath or affirmation of not less than five taxable citizens residents in the said school district in which the school complained of is lo- cated; provided, nothing in this section shall affect the counties of Caroline, Kent, Dorchester, Somerset, Balti- more, Worcester, Howard, Prince George 's and Frederick. 1872, ch. 377. 33. No school house shall be used lor any other purpose than public school purposes and school district meetings, unless by the consent of the board of county school com- missioners, or a majority of them. 1872, ch. 377. 34. Contiguous portions of two or more school-house districts may, with the consent of the board of county school commissioners, combine and form a new school- house district ; and when thus formed the said new school- house district shall be invested with all the rights and powers hereinbefore set forth as pertaining to such dis- 2O PUBUC SCHOOL LAW tricts; provided, that the new school-house district thus formed, or said district from which it may be formed, shall not contain less than thirty-five legal resident voters. 1874, ch. 463. 35. In case of neglect of duty, or refusal to act, on the part of the members of the board of trustees, their places shall be declared vacant by the board of county school commissioners, who shall fill the same by new appoint- ment, but if it be found impossible to secure competent persons who will act in this capacity, then the duties of the board of district school trustees for the particular dis- trict shall devolve upon the board of county school com- missioners. CHAPTER 6 Schoolhouses and Sites. 1872, ch. 377. 36. It shall be the duty of the board of county school commissioners to select a suitable school-house site in each district whenever the necessities of the public school de- mand a change of site or sites already built upon, or a new school-house site to be built. 1874, ch. 463. 37. The board of county school commissioners may re- ceive donations for such sites or locations for school houses, or of a house already built adapted to school pur- poses, or suitably located, or may purchase the same; but in no case shall any site be built upon or any house be occupied until a good and sufficient title shall have been obtained for the same in the corporate name of the board of county school commissioners. In cases, however, where the property owned by the board of county school commissioners in any school district proves unsuited for school purposes, the board is authorized to sell or lease the same, and to appropriate the amount obtained by such sale or lease -to the purchase or lease of a proper school house at a suitable location for the said district. OF MARYLAND. 21 1872, ch. 377. 38. "When the lands shall be required for the site of a school-house, or for enlarging a school-house lot, and the board of county school commissioners shall from any cause be unable to contract with the owner thereof, the board of county school commissioners may apply for a writ of ad quod damnum to the clerk of the circuit court for the county, who shall forthwith issue the same, and the sheriff shall execute the said writ and return an inqui- sition describing the land and stating the amount of dam- ages to be paid to the owner ; and the judge of the circuit court for the county may, at any time after the return of the inquisition, in term or during recess, hear a motion to confirm such inquisition, on such notice to the parties as he may direct, and confirm or quash the same; and if he quashes the inquisition, he shall order a new one forth- with to be taken; but no lot so taken or enlarged shall exceed, in the whole, one acre, including the land occupied by the school building. 1872, ch. 377. 39. In all cases when school-house sites are thus pur- chased or condemned the cost thereof shall be paid as other school-house property is paid for. 1872, ch. 377. 40. Every school house shall be built and furnished acQording to plans and drawings issued from the office of the county school commissioners. CHAPTER 7 Schools. 1872, ch. 377. 41. The schools under the charge of the board of county school commissioners for each county shall respectively be designated school No. 1, 2, 3, and so forth, of their respective election districts. 22 PUBUC SCHOOL LAW 1872, ch. 377. 42. In every school-house district in each county, estab- lished as hereinbefore provided, there shall be kept for ten months in each year, if possible, one or more schools, according to population, which shall be free to all white youths over six and under twenty-one years of age. 1904, ch. 584. 43. In every district school there shall be taught or- thography, reading, writing, subjects for language train- ing, English grammar, geography, arithmetic, history of the United States, good behavior, the constitution of the United States, constitution and history of Maryland, vocal music, drawing, physiology, laws of health and domestic economy, civil government ; and the elements of agricultural science may, in the discretion of the State board of education, be added to the branches required to be taught in the State normal school and in the public schools of the various counties of the State. 1904, ch. 584. 44. The nature of alcoholic drinks and narcotics, with special instruction as to their effects upon the human sys- tem, in connection with the several divisions of the sub- jects of physiology and hygiene, shall be included in the branches of study taught in the common schools, and shall be taught to and studied by all pupils whose capacity will admit of it, in all departments of the public schools of the State, and in all educational institutions supported wholly or in part by money from the State ; and said study shall be taught to and studied by pupils in said schools as thor- oughly and in the same manner as other like branches are there taught and studied, with text-books in hands of pupils, where other like branches are thus studied. 1886, ch. 495. 45. It shall be the duty of boards of county school com- missioners, and of the board of commissioners of public schools of Baltimore city, county superintendents, super- OF MARYLAND. 23 intendents of public schools of Baltimore city, and boards of all educational institutions receiving aid from the State to enforce the provisions of the preceding section. 1904, ch. 584. 46. Whenever a school numbers more than forty chil- dren in the average attendance, an assistant may be em- ployed by the board of county school commissioners, in their discretion; and for every additional forty children, one teacher may be appointed. 1904, ch. 584. 47. Whenever the average attendance in any school for any two consecutive terms is less than ten pupils, the said school may be closed by the board of county school com- missioners; provided, that the board of district school trustees may keep the school open in part at the expense of the district, and shall receive their proportion of the school fund for said school, rating a full school at twenty scholars. 1872, ch. 377. 48. Public examinations shall be held in each school twice a year, of which due notice shall be given, that parents and others interested in education may attend. Ibid. 49. Schools shall be kept open each week day, except Saturday, for six hours ; and the hours for teaching shall be regulated by the several boards of county school com- missioners. Ibid. 50. Any person who shall disturb any public school in session shall, upon conviction thereof before a justice of the peace, be deemed guilty of a misdemeanor, and shall forfeit and pay twenty dollars, to be collected as other fines, to be paid to the board of district school trustees 24 PUBLIC SCHOOL LAW for the benefit of the school-house district ; or said offender shall be imprisoned not exceeding thirty days, or both, in the discretion of the justice of the peace. 1904, ch. 584. 51. The school year shall be divided into four terms, which shall be designated fall term, winter term, spring term and summer term; and the time of beginning and closing each term shall be regulated by the board of county school commissioners; provided, that the financial reports of the schools of the State shall be made up and rendered to the thirty-first day of July, inclusive, of each and every year; and provided, further, that there be no change in or encroachment upon the holidays and vaca- tions set forth and established in the following paragraph : The months of July and August shall be vacation throughout the whole State, and the following days shall be holidays, viz : Thanksgiving Day, from Christmas Eve to the first day of January, inclusive, and from the Friday before Easter to the Monday after Easter, inclusive; on Washington 's birthday the schools shall devote a portion of the day to exercises bearing on the life and services of "The Father of Our Country; 77 Maryland Day shall be observed at such a time and in such manner as the State board of education may direct. In case it may be necessary to open school for a fraction of a term, it shall close at the end of the term, and all accounts shall be settled at the meeting of the board of county school commissioners held at the end of the term. CHAPTER 8 Teachers. 1904, ch. 584. 52. No person shall be employed as a teacher under this article unless such person shall hold a certificate of quali- fication (a) issued by the superintendent of the county in which he or she proposes to teach; (b) a certificate from a principal of a State normal school of Maryland, or of the principal of the normal department of Washington OF MARYLAND. 25 college; (c) a diploma of a State normal school 'of Mary- land, or of the principal of the normal department of Washington college; (d) a normal school diploma of an- other State endorsed by the State superintendent of public education, or a diploma from the normal department of a school or college of this State, recognized as such by the State board of education; or (e) a certificate from the State board of education, as herein provided. School Board vs. Wagaman, 84 Md., 161. 1904, ch. 584. 53. Principal teachers shall be appointed by the board of district school trustees, subject to confirmation by the board of county school commissioners; and said teachers may be removed at any time said board of district school trustees may think proper, after thirty days' notice in writing; provided, further, that the said board of district school trustees shall furnish, in writing, when required by the teacher so notified, the reasons for dismissal; pro- vided, further, that the right of appeal shall lie to the board of county school commissioners, whose action in confirming or rejecting the action of the district trustees shall be final. 1874, ch. 463. 54. Teachers shall enter into their quarterly reports an accurate account of the attendance of pupils, of text-books used and branches taught, and such other statistics as may be required, and make due returns thereof to the board of county school commissioners at the end of each term; and no teacher shall be entitled to receive payment for services until the quarterly report, properly filled up and com- pleted, shall be so returned. The quarterly reports shall be filed by the board of county school commissioners for the purpose of making the annual returns to the State board of education. School Com. vs. Adams, 43 Md., 349. 26 PUBLIC SCHOOL LAW 1872, ch. 377. 55. The board of county school commissioners shall examine any charge preferred against the moral character of any teacher within their county; they shall give the teacher reasonable notice of the charge in writing, and an opportunity to defend himself; and if the charge be sus- tained, they shall annul the teacher's certificate, and shall give notice thereof to the State board of education; pro- vided, that an appeal shall lie to the State board of educa- tion, whose decision shall be final. 1904, ch. 584. 56. Any person holding a first-class teacher's certifi- cate, or diploma of a respectable college, or of a State normal school, who has been a teacher for seven years, of which five shall have been spent in the State of Maryland, may apply to the State board of education for a life cer- tificate, which, if granted, shall exempt him or her from any further examinations; said certificate may be an- nulled by said board at any time on account of immoral or unprofessional conduct. 1904, ch. 584. 57. The salaries of the teachers of each county shall be fixed by the board of county school commissioners; pro- vided, that no white teacher regularly employed in a pub- lic school of the State of Maryland, having an average attendance of fifteen pupils or more, shall receive as salary less than three hundred dollars per school year. 1910, ch. 420. 122|E. All white teachers regularly employed, holding a first-class teacher's certificate and having taught for a period of three years in any of the public schools of the State of Maryland, shall receive as salary not less than three hundred and fifty dollars ($350) per annum; and provided further, that if such teacher hold a first-class OF MARYLAND. 27 X teacher's certificate and has taught in the public schools of Maryland for a period of five years, he or she shall receive an annual salary of not less than four hundred dollars ($400) ; and provided further, that if a teacher holds a first-class teacher's certificate and has taught in the public schools of Maryland for a period of eight years, he or she shall receive as an annual salary not less than four hundred and fifty dollars ($450) ; and provided fur- ther, that if a teacher holds a second-class teacher's cer- tificate and has taught in the public schools of the State of Maryland for a period of eight years, he or she shall receive as an annual salary not less than three hundred and fifty dollars ($350). The county commissioners of each county shall levy a sufficient amount to meet the in- crease of salaries provided for in this act. Note. Section 122JE is placed out of its numerical order on account of continuity of subject matter. 1908, ch. 605. 58. Whenever any person in this State has taught in any of the public or normal schools thereof twenty-five years, and has reached the age of sixty years, and his or her record as such teacher has been without reproach, and by reason of physical or mental disability or infirmity is unable to teach longer, and who, moreover, is without the means of comfortable support, the said teacher may lay his or her case before the State board of education, sup- ported in all cases by the recommendation of the board of county school commissioners of the county in which said teacher has last taught, and the said board shall proceed to consider the same, and if the facts are found as above stated, the said teacher shall be placed on a list, a record of which shall be kept by the said board, to be known as the "Teachers' Retired List," and the names upon the teachers' retired list shall be, on or before the first day of October of each, and every year, certified to by said board to the comptroller of the treasury of this State; and every person so placed upon said retired list shall be 28 PUBLIC SCHOOL LAW entitled to receive a pension from the State of two hun- dred dollars per annum, to be paid quarterly by the treas- urer of this State, upon the warrant of the comptroller, so long as the said pensioner is without other means of com- fortable support; provided, that after October 1, 1907, any person whose name is placed on said list for the first time shall receive pay from the date of approval of appli- cation by the State board of education; that the sum of twenty-five thousand dollars per annum, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to carry into effect the provisions of this act. CHAPTER 9-Pupils. 1872, ch. 377. 59. All white youths between the ages of six and twenty-one years shall be admitted into the public schools of the State, the studies of which they may be able to pur- sue; provided, that whenever there are grade schools, the teachers and board of district school trustees shall de- termine to which school pupils shall be admitted. 1872, ch. 377. 60. The board of district school trustees shall have power to suspend and expel pupils for cause; provided, that an appeal shall lie to the board of county school com- missioners, whose decision shall be final. 1872, ch. 377. 61. Children living remote from the school of the dis- trict in which they reside may attend school in an adjoin- ing district, with the consent of the boards of the respect- ive school districts. 1872, ch. 377. 62. Every child, before being admitted to any public school, shall produce a certificate from a regular physician that he has been properly vaccinated. OF MARYLAND. 29 CHAPTER 10 Text-Books. 1872, ch. 377. 63. School books shall contain nothing of a sectarian or partisan character. 1904, ch. 584. 64. The board of public school commissioners of Balti- more city and each board of county school commissioners shall adopt and purchase text-books for use in the public schools of said city and of the several counties of the State, as such new text-books are required, and when so purchased the necessary text-books shall be furnished free of cost for use in the public schools of the State, subject to the order of said boards; but said boards shall have the right at any time to change any series of text-books already in use or hereafter adopted; provided, that text- books shall be furnished under the provisions of this article to the several grades in the public schools suc- cessively, beginning with the first grade; and provided, that the said board shall not be required to expend during any school year for said text-books more than the severa] amounts of money received by said boards respectively under the provisions of this article; and provided, that indigent pupils of all grades shall receive text-books free of cost, as provided under provisions of existing laws; and provided, the said respective boards shall adopt means for the purchase of text-books by competitive bid- ding, and at the lowest possible price; and provided, that parents or pupils may purchase their own text-books where they may think proper; and provided, further, that the several boards of county school commissioners shall furnish annually to the State board of education the title, the name of the publisher and the net price paid for each text-book so purchased, which information shall be set forth in full in the annual report made to the State board of education. School Commrs. vs. State Bd. Education, 26 Md., 513. 30 PUBLIC SCHOOL LAW 1896, ch. 135. 65. The said several boards shall authorize the delivery of text-books to the various public schools under their supervision respectively, and shall provide for the issuing, safe keeping, care and return of the same under such rules and regulations as they may severally adopt. 1904, ch. 584. 66. The said several boards shall keep an account of all moneys expended under the provisions of this act, and report the same in the annual financial account, as re- quired by law; and no money so received by them shall ever be used for any other purpose than for the purchase of school books, as provided by the two preceding sec- tions; except in such counties where there may remain a surplus after the purchase of necessary text-books, the boards may expend such surplus amounts in the purchase of maps of the State of Maryland and supplementary reading books for pupils. 1908, ch. 635. 67. The sum of one hundred and fifty thousand dollars is hereby appropriated to be paid by the State treasurer upon the warrant of the comptroller on the first day of October, 1908, and annually thereafter, to be expended, or so much thereof as may be necessary, for the purchase of text-books, as provided in this article. The whole of said sum shall be apportioned by the comptroller in the month of September of each and every year, according to and based upon the total number of different pupils enrolled, as disclosed, by the statistics of the report of the State board of education for the fiscal year ending July 31, 1907, and every succeeding odd year, and he shall immediately thereafter notify the treasurer of the several boards of county school commissioners of the counties and the city of Baltimore of the amount thus found to be due to each, and the same shall be paid to the treasurer of the board of school commissioners of Baltimore city OF MARYLAND. 31 and the several counties upon the draft of the president and secretary of the several boards of county school com- missioners and the city of Baltimore aforesaid. CHAPTER 11 County Superintendent. 1872, ch. 377. 68. It shall be the duty of the county superintendent to examine candidates for the profession of teacher, in the presence of at least one member of the board of county school commissioners, or one or more of the district trus- tees, and to give to such persons as are found qualified, under the sanction of the board at its next meeting, a certificate setting forth the branches such persons are competent to teach; but no certificate shall be granted without satisfactory evidence of the moral character of the applicant. 1904, ch. 584. 69. The certificate issued by each county superintend- ent shall be numbered and registered in a book kept by the board of county school commissioners, and be deliv- ered to their successors in office, and shall be denominated first or second grade, as the case may be, and the State board of education shall keep a boot in the same manner as the county superintendent ; certificates of the first grade shall embrace orthography, reading, writing, arithmetic, geography, United States history, English grammar, bookkeeping, algebra, natural philosophy, physiology, plane geometry (four books), general history, national and State constitutions, theory and practice of teaching, and the laws and by-laws of the public school system of Maryland; and those of the second shall embrace orthog- raphy, reading, writing, arithmetic, geography, United States history, English grammar, history of Maryland, constitutions of United States and of Maryland, physi- ology, algebra (to quadratics), theory and practice of teaching, the laws and by-laws of the public school system of Maryland ; such a certificate held by a person who ob- 32 PUBLIC SCHOOL LAW tains a school within six months from the time the cer- tificate was issued shall not continue in force longer than six months after acceptance of the position of teacher, unless the persons holding the same shall satisfy the county superintendent of his or her fitness for governing a school, and his or her ability to impart instruction in the various branches taught in the public schools; but when the county superintendent shall satisfy himself upon these points, he shall be empowered to issue a certificate, which shall continue in force for five years, unless revoked for cause; a person holding such certificate, who fails to obtain a school within six months after issuance of same, shall not be required to pass another examination in the same county for fifteen months from date of granting the certificate. 1894, ch. 378. 70. No certificate of qualification as a teacher shall be issued to any male under nineteen years of age, or to any female under eighteen years of age. 1872, ch. 377. 71. The county superintendent shall hold regular ex- aminations of teachers at such times as the board may direct, of which due notice shall be given in the news- papers, or otherwise. No superintendent shall be allowed to charge any fees for the issuing of certificates to teach- ers; and if any superintendent shall be found guilty of charging or receiving any fee or reward directly or indi- rectly for issuing any certificate to a teacher, he shall be dismissed from office. 1910, ch. 420. 122|F. On or before the first day of October of each year the county superintendent shall submit to the county school board a list of all teachers employed, together with a classification of their certificates. In determining the OF MARYLAND. 33 class of the certificates the following points are to be con- sidered: (a) scholarship; (b) executive ability; (c) per- sonality, and (d) teaching power. The county superin- tendent may add such other requirements as may be ap- proved by the State board of education. Note. Section 122JF is placed out of its numerical order on account of continuity of subject-matter. 1904, ch. 584. 72. It shall be the duty of the county superintendent, or his assistant, at least three times in each year, to visit the schools in his county, if it contains sixty teachers or less, and twice a year in counties having more than sixty and less than one hundred and seventy-five teachers, and once a year in counties where there are more than one hundred and seventy-five; he shall observe the methods of the teachers and give him or her such practical suggestions as circumstances may prompt; he shall, whenever pos- sible, attend public examinations and report quarterly in detail the result of his observation through the board of county school commissioners. In counties where the number of teachers shall exceed one hundred and seventy- five, the board of county school commissioners may, in their discretion, appoint an assistant county superin- tendent. 1910, ch. 147. 72A. The board of county school commissioners of any county may, in their discretion, appoint a grade super- visor; provided, that in counties where the number of teachers shall exceed one hundred and fifty, one additional supervisor may be appointed; and for every additional one hundred teachers, one additional supervisor may be appointed, who, in each case, shall have had at least five years' experience as a teacher of elementary grades, and such special preparation for this work as may, hereafter, be determined by the State board of education. 34 PUBLIC SCHOOL LAW 1872, ch. 377. 73. The secretary and treasurer of the board of county school commissioners shall give bond to the State of Mary- land, with at least two securities to be approved by the said board, in such penal sum as the said board shall determine, with the condition that he will faithfully per- form the duties of secretary and treasurer, pay over and apply all moneys that shall come to his hands or care as treasurer to such persons and in such manner as said board may, under the provisions of this article, direct; and that he will keep a full account of all moneys received and paid by him, and all matters relating to the duties of his office, and preserve the same and all vouchers relating thereto, and deliver up all books and vouchers relating to his office to his successor, which said bond, when exe- cuted, shall be filed in the office of the clerk of the court for the county. He shall be present at every meeting of the board, and may debate any question before them, but shall have no vote. He shall keep the minutes and con- duct the correspondence, and shall duly file away and safely keep all letters, reports and other papers pertaining to the business of the board. He shall prepare and sub- mit to the board for their adoption the annual report to the State board of education. Howard vs. Hill, 88 Md., 119. 1890, ch. 511. 74. In lieu of the security provided for in the last pre- ceding section, the said bond may have the security of any deposit or trust company, or other similar company, duly incorporated under the laws of this State, and having by law the power to act as such security. 1872, ch. 377. 75. The person or persons acting as secretary, treasurer and county superintendent, under the provisions of this article, shall devote their whole time to public school busi- ness, and shall receive such compensation as the board of county school commissioners may direct. OF MARYLAND.. 35 1872, ch. 377. 76. The superintendent of each county shall, on or before the fifteenth day of January in every year, notify the comptroller how many months the schools of his county have been kept open. CHAPTER 12 State Normal Schools. 1904, ch. 584. 77. There shall be located in each of the cities of Balti- more and Frostburg a State normal school for the instruc- tion and practice of teachers in the science of education, the art of teaching, and the mode of governing schools; the said schools shall be under the control of the State board of education, who shall appoint the principals and necessary assistants; the salary of the principal of the Maryland State normal school of Baltimore shall be twenty-five hundred dollars per annum. 1904, ch. 584. 78. The faculty of each State normal* school shall con- sist of a principal and as many teachers as shall be de- termined by the State board of education, who shall be appointed by said board, and have such salaries and per- form such duties as said board shall direct. 1872, ch. 377. 79. The sessions of the State normal school shall be determined by the State board of education; provided, that the school shall be open for not less than nine months in each year. 1904, ch. 584. 80. There shall be maintained in each State normal school and normal department receiving State aid a two years' normal or professional course, in which, common school branches may be studied and reviewed and in which special emphasis is given to professional subjects, including history of education, school organization, meth- 36 PUBLIC SCHOOL LAW ods of teaching and such other pedagogical subjects as the State board of education may prescribe. Students of both sexes shall be admitted to the normal course- females at the age of sixteen years and males at the age of seventeen years; provided, such applicants satisfy the requirements of admission and hold scholarships from a board of city or county school commissioners, or receive appointment from the State board of education, as here- inafter provided; the State board of education is author- ized and empowered to arrange and prescribe for each State normal school or normal department receiving State aid, an academic or preparatory course, and shall pre- scribe such qualifications of age and scholastic attain- ments as it may deem proper. The students of the State normal schools and normal departments receiving State aid shall be apportioned by the State board of education, among the several counties and the city of Baltimore, in proportion to their respective representation in the Gen- eral Assembly of the State ; the students shall be selected by the several boards of county school commissioners and the board of commissioners of the public schools of Balti- more city from among worthy persons who desire to make teaching their profession, and who may possess the necessary scholastic qualifications, namely scholarship equal to graduation from approved high schools for the normal course, and scholarship equal to completion satis- factorily of the seventh year grade of our public school curriculum for the academic course; applicants for scholarships must file their application for scholarship, and also with the State board of education, a written declaration that their object in obtaining admission is to qualify themselves as public school teachers, and that it is their intention to engage in the profession in this State; whenever it is possible to do so, the board of county school commissioners and the board of school commissioners of Baltimore city shall appoint an alternate for each person who may receive a scholarship, and if for any reason such person who was awarded the scholarship does not use or OF MARYLAND. 37 accept the same, or for any reason fails to become a stu- dent of the normal school or normal department, then the person appointed as alternate shall be entitled to the privileges of such scholarship. If there be not applicants sufficient from any county or the city of Baltimore, then the State board of education may fill all vacancies by selecting applicants possessing the requisite qualifications from any portion of the State, in the proportion aforesaid. 1904, ch. 584. 81. In addition to the students admitted from the coun- ties and the city of Baltimore, who shall enjoy the privi- leges of the school and be furnished with the use of the text-books free of charge, there may be admitted, in the discretion of the State board of education, to the full capacity of the State normal schools or normal depart- ments, such other persons as may possess the requisite qualifications, who shall pay the sum of twenty-five dol- lars per session and be subject to the same rules and regu- lations as the other students. 1904, ch. 584. 82. The State board of education shall prescribe the course of study for the State normal schools and normal departments receiving State aid, which shall be uniform as far as is practicable, and supervise such schools and departments in every particular not provided for in this article ; they shall make arrangements for practice teach- ing, and may organize and maintain model and experi- mental schools as a part of the normal school or normal department when deemed best, in which students of the normal course shall have opportunity to teach and prac- tice the modes of instruction and discipline inculcated in the normal school or normal departments. 1904, ch. 584. 83. The annual sum of twenty thousand dollars is hereby appropriated for the support of the Maryland State normal school, located in the city of Baltimore; the 38 PUBLIC SCHOOL LAW annual sum of seven thousand dollars is hereby appro- priated for the support of State normal school No. 2, lo- cated at Frostburg these appropriations to be paid in quarterly instalments by the treasurer, on the warrant of the comptroller, to the State board of education, and to be applied to the payment of teachers' salaries, clerical assistance, the purchase of school apparatus, text-books, fuel, stationery, light and other necessary expenses in maintaining such schools and normal departments; a fur- ther sum of one thousand dollars annually for repairs is hereby appropriated for the Maryland State normal school of Baltimore. 1904, ch. 584. 84. All donations or bequests of money or personal property, and all grants or devices of lands for the benefit of any State normal school or normal department, shall be held in trust by the State board of education. 1904, ch. 584. 85. The State board of education shall, on or before the first day of January, in each and every year, make a report to the governor of the condition of the schools of the State; a statement of the apportionment of money to the counties and the city of Baltimore, for the support of schools ; an abstract of the reports received from the board of county school commissioners, together with such sug- gestions for the improvement of schools and the advance- ment of public education, as the State board of education shall deem expedient. 1904, ch. 584. 86. The governor shall cause three thousand copies of said report, five hundred to be bound in cloth, to be printed and distributed during every year. OF MARYLAND. 39 CHAPTER 13 readers' Institutes. 1906, ch. 356. 87. A teachers ' institute, to continue not less than five days, shall be held for each county once a year, and in the absence of the State superintendent the county superin- tendent shall preside. Two or more counties may com- bine and hold a joint institute. 1904, ch. 584. 88. The State superintendent of public education shall fix a time of the meeting of the institute, and it shall be the duty of the county superintendent to notify each teacher of the time and place of meeting, and when so notified, each teacher in actual employment is required to attend; the president of the school board shall select the place for the institute to meet. 1904, ch. 584. 89. These institutes, being designed as temporary nor- mal schools, shall be attended by the State superintendent, when possible to do so, and by one or more instructors of a State normal school or normal department faculty, to be selected by the State superintendent and the principal of the school, and any member of the board of county school commissioners who may choose to attend. 1904, ch. 584. 90. The members of the State board of education and the members of the county school boards shall encourage the work of the Maryland State teachers' reading circle, which was organized by the Maryland State teachers' association, and which is a body politic and with power to organize, manage and direct a State teachers' reading- circle. CHAPTER 14 Teachers' Associations. 1890, ch. 323. 91. District, county and State teachers' associations are recommended as important means of elevating the 40 PUBLIC SCHOOL LAW standard of public education by mutual conference, inter- change of views and suggestions as to systems of teaching and discipline. 1872, ch. 377. 92. It shall be the care of the county superintendent to aid in the organization of these associations, to encourage attendance, to secure competent lecturers, and to impart such information as will encourage teachers in their work and fit them for the performance of their duties. 1872, ch. 377. 93. These associations may occupy any of the school houses. CHAPTER 15 District Libraries. 1904, ch. 584. 94. For the further encouragement of education, dis- trict libraries ought to be established in each school house district under the care of the teacher, as librarian; for this purpose the sum of ten dollars per annum is ordered to be paid by the board of county school commissioners out of the State school fund, to any school house district as library money, as long as the people of the district raise the same amount annually; the books must be selected by the board of district school trustees and teachers from a list to be furnished by the State board of education. 1910, ch. 505. 95. The governor shall biennally appoint four persons, at least two of whom shall be women, who, with the State librarian, the superintendent of public instruction and the librarian of the Enoch Pratt Free Library, shall con- stitute the Maryland public library commission. 96. Said commission shall annually elect from their own number a president and a secretary, who, with the other members of the commission, shall serve without pay, OF MARYLAND. 41 but the necessary traveling expenses of the commissioners in attending upon the meetings of the commission or its business away from their homes may be paid out of the appropriation for the commission. The secretary shall also act as treasurer of the commission and shall give bond with approved security for the proper performance of his duties. 97. Said commission shall give advice and counsel to all public libraries and public school libraries in the State and to all persons proposing to establish them, as to the best means of their establishment and maintenance, the selection of books, cataloguing and other details of man- agement. Said commission shall annually report to the governor in the month of November a full and complete account of its doings and of its receipts and expenditures. 98. Said commission shall organize and conduct travel- ing libraries throughout the State, shall formulate such reasonable regulations for the use and care of the books of such traveling libraries as they may deem proper ; and shall from time to time send out and distribute such books throughout the State, and at suitable intervals change such distributions so as to secure the greatest advantage. 99. The State treasurer shall annually on the first day of October, pay to the treasurer of the commission the sum of $1500 for the use of the commission. 100. Said commission, upon application of the library directors of a county, municipality or election district which has complied with the provisions of this law rela- tive to the establishment of such library, may expend not more than one hundred dollars for books to be selected and purchased by said commission and delivered to said directors for the purpose of establishing a free public library. 101. The boards of county commissioners shall have power to establish and maintain central free public li- braries at the county seats of their respective counties, 42 PUBLIC SCHOOL LAW with branches in such places within the limits of said coun- ties as the demand of the people of the vicinity may justify, so as to give them convenient access to the free libraries and reading-rooms, and the legislative authority of any incorporated municipality shall have power to es- tablish public libraries in like manner for said munici- pality. 102. The board of county commissioners of any county in the State, for the establishment and maintenance of said free public libraries and reading-rooms in their respective counties, may levy an annual tax not exceeding five cents on each one hundred dollars of the assessed valuation of taxable property, such tax to be levied and collected in like manner as other general taxes of said county, and when collected to be known, as the public library fund. 103. In case a majority of the voters in any election dis- trict shall petition the board of county commissioners to establish a public library in said district, the said board shall establish and control such public library in the same manner as the legislative authority of an incorporated municipality may establish and control a library under this act, and said board of county commissioners may levy a tax on the election district for the said library in like said free public libraries and reading-rooms in their manner as is done for the library of an incorporated municipality and to the same amount, and said election district library shall be managed in the same manner as the library of an incorporated municipality. 104. The legislative authority of any municipality may levy a tax for public library purposes upon the assessed valuation of the taxable property within said munici- pality, not exceeding seven cents on each one hundred dollars, to be collected in like manner as the other taxes of said municipality. The money so collected by the gov- erning boards of the incorporated municipalities shall be OF MARYLAND. 43 paid over to the trustees or board of directors, to be ap- pointed as hereinafter provided, and shall be expended by them as in their judgment they may deem best. 105. Whenever any board of county commissioners or legislative authority of an incorporated municipality shall have determined to establish and maintain public libraries and reading-rooms under this act, such board of county commissioners or legislative authority of an incorporated municipality shall appoint for such county, election dis- trict or incorporated municipality, a board of nine di- rectors, who shall be chosen at large with reference to their fitness for such office; said directors shall hold office, one-third for two years, one-third for four years, and one- third for six years, from the first of January following their appointment and until their successors are chosen. At their first regular meeting they shall cast lots for their respective terms, and biennially thereafter the board of county commissioners or legislative authority of the municipality shall appoint, as before, three directors to take the place of the retiring directors, who shall hold office for six years and until their successors are ap- pointed. The board of county commissioners or legisla- tive authority of the municipality may remove any di- rector for inefficiency, misconduct or neglect of duty. 106. Vacancies in the said board of directors occasioned by removal, resignation or otherwise, shall be reported to the board of county commissioners or legislative au- thority of the municipality, and shall be filled forthwith by them for the unexpired portion of the term. 107. Said directors shall, immediately after their ap- pointment, meet at the call of the county commissioners or legislative authority of the municipality, and organize by the election of a president and vice-president from their own number, and a person or persons to act as secre- tary and treasurer. The treasurer so elected shall give bond for the faithful performance of his trust in such sum 44 PUBLIC SCHOOL LAW as said library board shall determine; the said bond to be approved by the said library board and the expense thereof paid out of the library fund. Directors shall re- ceive no compensation. They shall make and adopt by- laws, rules and regulations not inconsistent with this act, for their own guidance and for the government of the libraries and reading-rooms. They shall have exclusive control of the expenditure of all moneys collected to the credit of the library fund under this act, but such expendi- tures and all contracts made by them shall not exceed the appropriations provided and made under sections 3 and 4 of this act. They shall also have control of the construc- tion of any library building, and of the supervision, care and custody of the library grounds, rooms or buildings constructed or set apart for that purpose ; and they shall have power to purchase or lease grounds, to occupy, lease or erect an appropriate building or buildings for the use of said library, to appoint a suitable librarian and as- sistants, to fix the compensation of such appointees and to remove them if unsatisfactory, and shall in general carry out the spirit and intent of this act in establishing and maintaining public libraries and reading-rooms. 108. All moneys collected for such libraries and read- ing-rooms by the county commissioners or governing boards of incorporated municipalities as hereinabove pro- vided, shall be deposited in the treasury of said county or of the said municipality respectively, to the credit of the library fund, and shall be kept separate and apart from other moneys of such county or municipality, and paid over to the treasurer of the library board upon the demand of the board. 109. Every library and reading-room established under this act shall be forever free to the use of the inhabitants of the county, election district or municipality where it is located; subject, however, to such reasonable rules and regulations as the library board may adopt, and said board mav exclude from the use of said libraries and read- OF MARYLAND. ing-rooms any and all persons who shall wilfully violate such rules, and may extend the privilege of said library to persons living outside of the county or municipality, upon such terms and conditions as said board may from time to time by its regulations prescribe. 110. Every person who shall steal or unlawfully take or detain, or who shall mutilate, injure or disfigure by writing, marking, cutting, tearing, or otherwise, any book, map, picture, engraving, manuscript or other property of any public library or circulating library, or library be- longing to the State of Maryland, or to any muncipality or public body or incorporated institution, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not more than one hundred dollars, said fine to be used for the benefit of the library, or be imprisoned for not more than three months, or, in the discretion of the court, may be both fined and imprisoned as aforesaid. 111. Each library board established under this act shall make an annual report to the county commissioners or legislative authority of the municipality on or before the twentieth day of January, stating the condition of their trust on the first day of January in that year, the various sums of money received from the library fund and from other sources, and how such moneys have been expended and for what purpose, the number of books and periodi- cals on hand, the number added by purchase, gift or other- wise during the year, the number lost or missing, the number of books loaned out, and the general character and kind of such books, with such other statistics and information and suggestions as they may deem of general interest. All such portion of said report as relates to the receipt and expenditure of money shall be subject to the audit of the county commissioners or legislative authority of the municipality. A copy of said report shall be sent annually to the Maryland public library commission. 112. The said library board may receive, hold and pos- sess, or sell and dispose of all such gifts, donations, 46 PUBLIC SCHOOL LAW devises, bequests and legacies as may be made to the county commissioners, to the municipality, or to the li- brary board for the purpose of establishing, increasing or improving such public library. In such cases, the li- brary board shall act as trustees, and have control of such gifts, donations, devises, bequests and legacies, and may apply the proceeds, interests, rents and profits accruing therefrom, in such manner as will best promote the pros- perity and utility of such library; provided, such applica- tion be according to the terms of the gifts, donations, devises, bequests and legacies. 113. Every public library established under this law shall receive from the State a copy of the laws, journals and all other books published by the authority of the State except the Maryland law reports, and in return therefor shall transmit a copy of its annual report to the State library. 114. All real estate acquired for the use and benefit of any library and reading-room, established as aforesaid, and all property that shall be a part of any such library and reading-room, shall be exempt from all State, county and municipal taxation. 114A. The provisions of sections 95-115 shall not apply to Baltimore county. CHAPTER 16 The City of Baltimore. 1884, ch. 2. 116." The mayor and city council of Baltimore shall have full power and authority to establish in said city a system of free public schools, which shall include a school or schools for manual or industrial training, under such ordi- nances, rules and regulations as they may deem fit and proper to enact and prescribe; they may delegate super- visory powers and control to a board of school commis- sioners; may prescribe rules for building school houses OF MARYLAND. 47 and locating, establishing and closing schools, and may in general do every act that may be necessary or proper in the premises. M. and C. C. of Baltimore vs. Wetherby, 52 Md., 442. Hooper vs. New, 85 Md., 581. 1872, ch. 377. 117. The board of commissioners of public schools of Baltimore city, or by whatever name the body may be known that has supervisory powers and control over the public schools of Baltimore city, shall have power to ex- amine, appoint and remove teachers, prescribe the quali- fications, fix the salaries, subject to the approval of the mayor and city council, and select text-books for schools of said city ; provided, such text-books shall contain noth- ing of a sectarian or partisan character. The board of commissioners of public schools of said city shall annually make a report to the State board of education of the con- dition of the schools under their charge, to include a state- ment of expenditures, the number of children taught, and such other statistical information as may be necessary to exhibit the operation of the schools. Hooper vs. New 85 Md., 581. 1872, ch. 377. 118. The mayor and city council of Baltimore shall have power and authority to make all ordinances for the protection of the school houses and property, and to pun- ish any person who may disturb the sessions of said public schools. 1872, ch. 377. 119. The said mayor and city council are hereby au- thorized and empowered to levy and collect upon the assessable property in said city, as other taxes are levied and collected, such amount of taxes as may be necessary to defray all the expenses incurred for educational pur- poses by said mayor and city council. 48 PUBLIC SCHOOL LAW CHAPTER 17 High Schools. 1910, ch. 386. 120. The board of county school commissioners of any county shall have authority to establish high schools, sub- ject to the approval of the State board of education, in their respective counties, when, in their judgment, it is advisable to" do so. All high schools so established and those now in operation shall be under the direct control of the several boards of county school commissioners, sub- ject to the provisions of this article, provided that when instruction below that of the high school grades is given in the same building, or on the same premises, such grade work may also be under the direct control of the board of county school commissioners, and the principal of the high school shall also be principal of the elementary de- partment. 1910, ch. 386. 121. For the encouragement of secondary education in Maryland, the State shall extend aid to such groups of high schools as shall be herein designated and described, and in such amounts and in such manner as shall herein- after be set forth. All high schools of the counties of the State of Maryland receiving State aid shall be arranged by the State board of education into two groups, to be designated first group and second group, according to the number of pupils enrolled, teachers employed, and years of instruction given. High schools of the first group shall fulfill the following minimum requirements: (a) an en- rollment of not less than eighty pupils; (b) employ not less than four teachers for the regular high school work, exclusive of instructors of special subjects named under (e); (c) four years' course of instruction of not less than thirty-six weeks in each year, same to conform to the standard required by the State board of education; (d) the annual salary of the principal to be not less than $1200, and the salary of each assistant teacher regularly em- ployed to be not less than $500 per annum; (e) provision OF MARYLAND. 49 to be made for manual training and domestic science courses, and also a commercial or an agricultural course, as may be determined by the board of county school com- missioners. High schools of the second group shall ful- fill the following minimum requirements: (a) an enroll- ment of not less than thirty-five pupils; (b) employ not less than two teachers for the regular high school work, exclusive of instructors of special subjects named under (e); (c) a three years' course of instruction of not less than thirty-six weeks in each year, same to conform to the standard required by the State board of education; (d) the annual salary of the principal to be not less than $1000, and that of each assistant to be not less than $500 ; (e) provision to be made for a manual training or an agricultural or a commercial course, as may be determined by the board of county school commissioners, provided that no high school, which fulfills the conditions under (&), (c), (d) and (e), and is now on the list of approved high schools, shall be excluded from this group within two years from the first day of June, 1910. The course of instruction in schools of the second group may be ex- tended to four years by the board of county school com- missioners by the employment of such additional teacher or teachers as may be required by the State board of edu- cation, provided that the salary of such additional teacher or teachers shall be paid wholly by the said board of county school commissioners; and in the schools of the second group, where the course of instruction has been so extended to a four-year course, the graduates shall re- ceive the same recognition as graduates of schools of the first group. No promotions of high school pupils from one grade to another, or graduation, shall be made with- out the approval of the principal and the county superin- tendent. 1910, ch. 386, :> 122. It shall be the duty of thelState superintendent of education, or some person designated by him, to make an 50 PUBLIC SCHOOL LAW annual inspection of all high schools receivng State aid, and also such other schools as make application, through their respective county superintendents, to receive said State aid. He shall, on or before the 15th day of August of each year, prepare a list of high schools, designating the group to which each belongs, the amount of said State aid to which each is entitled, and to whom same should be paid. The preparation of said list shall be based on information obtained through the annual inspection, writ- ten reports of the principal or county superintendent, or other reliable sources. The superintendent's report of such schools shall be submitted to the State board of edu- cation for approval, and when approved, said board shall certify same to the comptroller of the treasury, on or be- fore the first day of October of each year, and said comp- troller of the treasury shall issue his warrant upon the treasurer of the State in equal quarterly instalments in each and every year at the time when the public school tax is now or may hereafter be, distributed, payable to the order of the treasurers of the respective boards of county school commissioners, or the board of commis- sioners of public schools of Baltimore city, for such sum or sums as they are entitled to receive under the pro- visions of this article, and shown by the certified list of high schools as aforesaid ; same to be paid out of the levy for public schools, provided, however, that the apportion- ment authorized in this section for October 1, 1910, and January 1, 1911, shall be paid out of the ordinary receipts of the treasury; and provided further, that any high school receiving State aid, under the provisions of this article, shall forfeit its right to receive State aid under the provision of any other act or resolution of the General Assembly of Maryland, provided that nothing in this sec- tion shall be construed to repeal any appropriations made prior to the year 1872 and chargeable to what is known as the academic fund ; nor shall any school now receiving an appropriation from the State lose same until such time as it should receive an appropriation under the provisions of this act. OF MARYLAND. 5! 1910, ch. 386. 123. Each high school in the first group in the counties of Maryland shall receive State aid on the basis of the cost of instruction, and in the following manner: The sum of six hundred dollars on account of the principal, and the sum of $300 on account of each of the first three assistants employed for regular high school work; the sum of $400 on account of each of two special teachers, who shall spend not less than two-fifths of their time in the school receiving said amounts; and the sum of $100 on account of each additional regular grade teacher, pro- vided the total amount does not exceed the sum of $2500. In this article the term special teacher shall be construed to mean a teacher of commercial, manual training, domes- tic science or agricultural branches. Each high school in the counties of Maryland of the second group shall receive State aid on the basis of the cost of instruction, and in the following manner: The sum of $600 on account of the principal; the sum of $400 on account of one assistant teacher employed for regular high school work; and the sum of $400 on account of the instructor of special sub- jects to be designated by the county school board; pro- vided that if an instructor in manual training or agri- cultural work be required to divide his or her time among not more than four schools of this group, $150 shall be allowed on account of each of such schools ; provided also that the amount to be received by each of the four high schools of Baltimore city shall be equal to the maximum amount received on account of any high school in the counties of the State ; provided further, that the board of county school commissioners of each county shall submit annually to the county commissioners of their respective counties, at least thirty days prior to the date for making the usual county levy for school purposes, a list of all high schools of the county, including those not entitled to State aid, as well as those classified in this article, and an itemized statement of the estimated cost of maintaining same, and the said boards of county commissioners shall make a separate levy for high schools, publishing same once a week for three successive weeks prior to date of making said levy, in one or more county papers. 52 PUBLIC SCHOOL LAW 1910, ch. 386. 123A. All certificates or diplomas issued to students having completed a course of study in a high school of the counties of Maryland shall show the group to which said high school belongs, the course taken by the student, and the number of years of instruction given, and the graduates of any approved high school providing a four years' course shall be admitted without examination to the freshman class of any college of Maryland receiving financial aid from the State. 1910, ch. 386. 123B. The State board of education shall prepare the course of study to be used by the several groups of high schools described in this article, and have authority to make any by-law for their government not at variance with the provisions of this article. 1908, ch. 635. . 122E. Any graduate of the department of pedagogy, of any reputable college or university, maintaining a depart- ment of pedagogy that has been approved by the State board of education of Maryland, shall be entitled to teach in the public elementary or high schools of the State of Maryland without examination. The diploma of said graduate shall be rated as a first grade teacher's certifi- cate and be subject to classification by the county superin- tendent of the county in which said graduate may be em- ployed to teach. Note. Section 122E is placed put of its numerical order on account of continuity of subject-matter. CHAPTER 18 Schools for Colored Children. 1904, ch. 584. 124. It shall be the duty of the board of county school commissioners to establish one or more public schools in each election district for all colored youths, between six OF MARYLAND. 53 and twenty years of age, to which admission shall be free, and which shall be kept open as long as the board of county school commissioners shall determine; provided, the colored population of such district shall warrant said board in establishing said schools. 1874, ch. 463. 125. Each colored school shall be under the direction of a special board of school trustees, to be appointed by the board of county school commissioners, and shall be sub- ject to the same laws for its government and furnish in- struction in the same branches as the schools for white children. 1904, ch. 584. 126. The comptroller shall not apportion any separate fund for the colored schools; but colored schools shall be supported and maintained from the general school fund, the apportionment of which shall be hereinafter provided for. 1872, ch. 377. 127. The total amount of taxes paid for school purposes by the colored peop]e of any county, or in the city of Bal- timore, together with any donations that may be made for the purpose, shall a] so be devoted to the maintenance of the schools for colored children. CHAPTER 19 Sources of Income. Note. The acts of 1910 make the following provisions for the support of schools for the years of 1911 and 1912: 128. The county commissioners of the several counties and the mayor and city council of Baltimore are directed to levy a State tax, for the years of 1911 and 1912, of six- teen and one-eight cents on each one hundred dollars to aid in the support of public schools, to be distributed 54 PUBLIC SCH*OOI, LAW according to law among the several counties and the city of Baltimore. The following sums of money are hereby appropriated for the system of free public schools (white and colored) in the several counties and the city of Balti- more, and for the State normal schools, the State board of education, superintendent of public education, assistant superintendent of public education, clerk to the State board of education, the Maryland State normal school, Baltimore; State normal school No. 2, at Frostburg; State normal school No. 3, for colored students ; retired teachers' pensions as provided by chapter 605 of the acts of 1908, for the purchase of free text-books, and for the aid of ap- proved high schools, the sum of one million four hundred and fifty thousand dollars, or whatever sum may be paid into the treasury on account of the tax for public schools ; provided, however, that the appropriations for all of the aforegoing purposes mentioned in this subtitle "schools" shall be paid out of the receipts from the public school tax, and shall be apportioned by the comptroller quar- terly, viz: On the first day of October, the first day of January, the fifteenth day of March and the fifteenth day of June, in the proportion to which they are respectively entitled, and shall be paid by the treasurer, upon the war- rant of the comptroller, quarterly, to wit: On the tenth day of October, the tenth day of January, the twenty-fifth day of March and the twenty-fifth day of June; together with the further sum of thirty-four thousand and sixty- nine dollars and thirty-six cents, to be placed to the credit of the free school fund, in accordance with the provision of the act of the December session of 1839, chapter 33, and substituted for the interest on the surplus revenue as provided in said act, and shall be apportioned and paid in the manner now provided by law; provided, however, that this sum shall also be paid out of the receipts from the public school tax; also, such sum or suras as may be received to the credit of the free school fund from the interest on stocks standing to the credit of said fund, or from other sources; for donations to colleges, academies OF MARYLAND. 55 and schools, as set forth in acts and resolutions of the General Assembly heretofore passed, forty-four thousand five hundred dollars, or so much thereof as may be neces- sary; provided, however, that none of the appropriations to colleges, academies and schools shall be paid to any of said institutions, excepting to such as shall have made a full report as required by section 17 of article 77 of the code of public general laws; for the instruction of the indigent blind to be applied under the direction of the governor, in accordance with the provisions of the acts of 1868, chapter 215, as amended by the acts of 1910, twenty- one thousand dollars, or so much thereof as may be neces- sary. 1872, ch. 377. 129. The treasurer, on the warrant of the comptroller, shall pay to each of the counties and the city of Baltimore the proportion of the free school fund to which such city or county is entitled under the apportionment to be made by the comptroller, as hereinafter provided ; and he shall pay the same to the treasurer of the board of school com- missioners of Baltimore city and the several counties ; and the several colleges and academies shall respectively re- ceive the donations granted to them by any laws or resolu- tions of the General Assembly, subject to the conditions annexed thereto. 1902, ch. 306. 130. As soon as the comptroller shall have received from the city of Baltimore and the several counties re- turns to the amount of the State school tax levied in each county and the city of Baltimore, he shall immediately thereafter apportion the amount of the whole levy to the several counties and the city of Baltimore, in proportion to their respective population between the ages of five and twenty years. 1904, ch. 584. 131. On the first day of January, the fifteenth day of March, the fifteenth day of June, and the first day of Oc- 56 PUBLIC SCHOOL LAW tober, in each year, the comptroller shall apportion the amount of school tax received by the treasurer among the several counties and the city of Baltimore, in proportion to the whole amount apportioned to each by the comp- troller; and he shall notify the State board of education and the treasurer of the several boards of county school commissioners of the counties and the city of Baltimore, on the several days aforesaid ; and the treasurer shall pay the several amounts within ten days after said notifica- tion, upon the draft of the president and secretary of the several boards of county school commissioners aforesaid; provided, also, that if in any county the schools shall be kept open less than nine months of the year ending December 31, or any white teacher regularly employed receiving an annual salary of less than three hundred dol- lars, as hereinbefore provided for, the comptroller shall withhold from said county the March instalment of the State school tax; that the provisions of this section shall apply to Garrett county only in so far as to oblige that county to keep its schools open seven and one-half months, and pay its teachers a minimum salary of two hundred dollars per year. 1904, ch. 584. 132. In making the apportionments required by the pre- ceding section, it shall be the duty of the comptroller to equalize as far as may be possible the sums to be appor- tioned, so as to apportion and distribute the same amount, as far as may be practicable, on each of said days; and until otherwise expressly directed by law, fhe comptroller shall charge to said fund and pay therefrom the annual appropriations that have been or may hereafter continue to be made for said State normal schools; and also the appropriation for the colored normal school; the salary of the State superintendent of public education ; the salary of the clerk of the State superintendent of public educa- tion, and the expenses of the State board of education. OF MARYLAND. 57 1872, ch. 377. 133. When the levy of any year shall have been col- lected the comptroller shall apportion among the several counties and the city of Baltimore the amount allowed on the levy for insolvencies and abatements, and shall trans- mit a statement of the same to the State board of educa- tion. 1882, ch. 429. 134. The treasurer, upon" the warrant of the comp- troller, shall annually pay, on the first day of April, to the school commissioners of Anne Arundel county, the sum of four hundred dollars as an academy fund, in addi- tion to the apportionment now received by them for such purpose; the said sum, when received by said commis- sioners, to be paid to the trustees of "Anne Arundel county academy. " CHAPTER 20 Colored Industrial Schools. 1910, ch. 210. 139. It shall be the duty of the board of county school commissioners of each county in this State, whenever a suitable building or room, or rooms, connected with one of the colored schools of said county shall be provided by the county, to accept the same, if, in the judgment of the board of county school commissioners, there is any necessity therefor, and thereafter to provide for the main- tenance of such colored industrial school or schools where instruction shall be given daily in domestic science and. such industrial arts as may be outlined by the county school board, and a part of the appropriation about one- half to be hereinafter provided shall be used for main- taining such a department or school. 1910, ch. 210. 140. Whenever any such colored industrial school is opened in any county the president and secretary of the board of county school commissioners of said county shall 58 PUBLIC SCHOOL LAW report the fact to the secretary of the State board of edu- cation, and the State board of education shall, without delay, proceed to appoint a proper person, well qualified for such inspection, to visit the said school and give a certificate of approval of its condition and the plan upon which it is conducted to the said State board of education on or before the tenth of September following the inspec- tion; and said colored industrial school shall be inspected annually thereafter by the State superintendent of public education, or by some person to be designated by him, and the result of such inspection shall be submitted to the State board of education not later than the fifteenth day of July of each year. The State board of education shall submit annually to the comptroller of the State on or be- fore the twentieth day of September a list of such schools entitled to receive the special appropriation for industrial education. 1910, ch. 210. 141. The comptroller of the treasury, upon receiving the certificate of approval from the State board of educa- tion, is hereby authorized and directed to issue his war- rant upon the treasurer of the State for the sum of fifteen hundred dollars, payable to the order of the treasurer of the board of county school commissioners having in- augurated such a colored industrial school and same ap- proved by the State board of education, out of any money in the State treasury not otherwise appropriated, on the first day of October of each year; one part of said appro- priation about one-half to be used for the support of one colored industrial school in the county, and the other part about one-half shall be used by the board of school commissioners of the county where said colored industrial school is located, for the employment of a capa- ble and trained supervisor of colored schools, who shall be required to visit, under the direction of the county superintendent, all the colored schools of the county as often as said county superintendent may direct, and cause instruction of an industrial character to be made a daily OF MARYLAND. 59 part of the work of every colored school. The manage- ment and control of such an industrial school and the em- ployment of a supervisor shall be in the hands of the board of county school commissioners of the county where such school is located. 1910, ch. 210. 143. No appropriation for the full amount of fifteen hundred dollars, hereby authorized for the support of one central colored industrial school and for the employment of a colored school supervisor in such county where the colored industrial school may be located, shall be paid as authorized after the first annual appropriation, unless said colored industrial school shall have had for the pre- ceding year an average attendance of thirty pupils and as many as ten colored schools in the county where such industrial school is located. If in any county where there are less than ten colored schools, a colored industrial school shall be established, the State board of education, in its discretion, may recommend the payment of a part of said appropriation, not to exceed one-half the amount, or seven hundred and fifty dollars; and when such recom- mendation is made to the comptroller, he is authorized and directed to issue his warrant upon the treasurer for said amount, provided it does not exceed one-half of the whole appropriation. 1910, ch. 386. 144. The superintendent of public education shall supervise and inspect the work of industrial and agri- cultural training done in the several counties of the State under the provisions of this article; collect all necessary statistics pertaining thereto, and annually, on or before the 20th day of August of each year, certify to the comp- troller the names of such counties as shall have complied with the provisions of this article relating to such train- ing; and upon the receipt of said certificate from the superintendent of public education, but not otherwise, the 60 PUBLIC SCHOOL LAW comptroller shall draw his warrant upon the treasurer, payable to the order of the treasurer of the board of county school commissioners of the county so certified as entitled to receive the same, for the full amount of money so certified to be due to such county under the provisions of this article; and the superintendent of public education shall, on or before the 20th day of August of each year, submit to the State board of education a full report of all matters pertaining to industrial and agricultural training in such counties, and attach thereto a copy of the certifi- cate filed by him with the comptroller. 1910, ch. 386. 145. The several boards of county school commissioners are hereby authorized to make manual training, domestic science and agriculture a part of the course of instruction in any of the schools of their respective counties that they, in their judgment, may think advisable, provided that said instruction shall conform to the course prescribed by the State board of education. 1910, ch. 386, sec. 2. 144A. Be it further enacted, That all acts or parts of acts inconsistent with the provisions of this act be and the same are hereby repealed in so far as they are at vari- ance herewith, provided that nothing in this act shall be construed to repeal the provisions of sections 16, 17 and 18 of chapter 275 of the acts of 1896 applying to the Annapolis public and high schools ; and providing further that nothing in this act shall be construed to repeal the annual appropriation of $1500 for the maintenance of manual training in Charles county, payable to the trustees of the McDonough Institute. Farmers 9 Institutes. 1896, ch. 102. 146. A department of "farmers' institutes" shall be established for the State of Maryland; the purpose of these institutes shall be to bring before the farmers of the OF MARYLAND. 6l State such information as will effectually remedy many of the existing evils now prevalent in every department of agriculture as now pursued in Maryland; and at said institutes, men competent to instruct shall be present, and such topics shall be discussed as pertain to the principal agricultural interests of the several sections. N 1896, ch. 102. 147. One such institute shall be held in each year in each county of the State, and an additional one in each county, if deemed necessary and desirable. 1896, ch. 102. 148. Said institutes shall be under the direction of a director, to be appointed by the trustees of the Maryland agricultural college, who shall be a person well versed in the profession of agriculture, and of practical experience, whose title shall be "director of farmers' institutes/ 7 whose salary shall be fixed by said board of trustees and paid out of the appropriation hereinafter provided, and whose duties shall be defined by said board ; the said insti- tutes shall be a department of said college similar to the experiment station; all expenses of said institutes shall be paid out of said appropriation; and said board of trus- tees is invested with all powers necessary to carry into effect the provisions of this subtitle, but no expenses shall be incurred beyond the amount appropriated. 1904, ch. 557. 149. The sum of six thousand dollars per annum is hereby appropriated for the formation and support of farmers' institutes in this State; and the comptroller is hereby authorized to issue his warrant annually upon the treasurer for the said sum of money out of any fund not otherwise appropriated; the said sum shall be payable to the order of the Maryland agricultural college on or after the first of October of each fiscal year, and the first yearly payment shall be made during the fiscal year ending Sep- tember 30, 1904. 62 PUBLIC SCHOOL LAW 1896, ch. 102. 150. Accurate accounts of the expenditures of the money received under this subtitle shall be kept by the registrar of the Maryland agricultural college separate from the general college accounts; and an itemized and detailed report of such expenditures shall be made an- nually and published in such manner as the board of trus- tees of the Maryland agricultural college shall direct. School Attendance. Note. The provisions of sections 151-165 apply only to Baltimore city and Allegany county. 1902, ch. 269. 151. Every child between eight and twelve years of age shall attend some day school regularly as defined in sec- tion 158 of this subtitle during the entire period of each year the public day schools in the city or county in which such child resides are in session, unless it can be shown that the child is elsewhere receiving regularly thorough instruction during said period in the studies usually taught in the said public schools to children of the same age; provided, that the superintendent or principal of any school, or person or persons duly authorized by such superintendent or principal, may excuse cases of neces- sary absence among its enrolled pupils; and provided, further, that the provisions of this section shall not apply to a child whose mental or physical condition is such as to render its instruction, as above described, inexpedient or impracticable. Every person having under his control a child between eight and twelve years of age shall cause such child to attend school or receive instruction as re- quired by this section. Children over tw r elve years of age and under the age of sixteen years, and every person hav- ing under his control such a child, shall be subject to the requirements of this section, unless such children are regularly and lawfully employed to labor at home or else- where. OF MARYLAND. 63 1902, ch. 269. 152. Any person who has a child under his control and who fails to comply with any of the provisions of the pre- ceding section, shall be deemed guilty of a misdemeanor, and be fined not exceeding five dollars for each offense. 153. Any person who induces or attempts to induce any child to absent himself unlawfully from school, or em- ploys or harbors while school is in session any child absent unlawfully from school, shall be deemed guilty of a mis- demeanor, and be fined not more than fifty dollars. 1902, ch. 269. 154. The board of school commissioners of Baltimore city and the board of county school commissioners for Allegany county shall appoint, and may remove at pleas- ure, persons to be known as attendance officers. The number to be appointed for the city of Baltimore shall not exceed twelve, and the number for said county shall not exceed three. Their compensation shall be fixed and paid by the county commissioners of Allegany county, or the mayor and city council of Baltimore, as the case may be. 1902, ch. 269. 155. It shall be the duty of each attendance officer, and he shall have full power, within the city or county for which he may be appointed, to arrest without warrant any child between eight and sixteen years of age found away from his home and who is a truant from school, or who fails to attend school in accordance with the pro- visions of this subtitle. He shall forthwith deliver a child so arrested either to the custody of a person in parental relation to the child or of the teacher from whose school such a child is then a. truant; but if the child be a habitual or incorrigible truant, he shall bring him before a justice of the peace for commitment by him to a "parental school, " as provided for in the next section, or to some other institution to which disorderly children may 64 PUBLIC SCHOOL LAW be committed. The attendance officer shall promptly re- port every such arrest, and the disposition made by him of the child so arrested to the school commissioners of the said city or county, respectively, or to such person or per- sons as they may direct. 1908, ch. 241. 156. The mayor and city council of Baltimore, and the several boards of county commissioners may establish schools, to be known as parental schools, for children be- tween eight and sixteen years of age who are habitual truants from school or from instruction. They may also provide for the confinement, maintenance and instruction of such children in such schools, for such period and under such rules and regulations as they may prescribe. Jus- tices of the peace may commit such children to such paren- tal schools, but no person convicted of any crime, or of any offense other than truancy, shall be committed thereto. 1902, ch. 269. 157. It shall be the duty of the police commissioners of Baltimore city, at the same time that the census of legal voters in said city is taken under their direction, as pro- vided by section 18 of article 33 of the code of public gen- eral laws, also to cause to be made by the members of the force under their control, annually, a separate record of the full name, age, color and sex of every child between six and sixteen years of age in each precinct of the said city, and the place where, and the year and month when such children last attended school, together with the name and address of the parents, guardians or persons in paren- tal relation, and of employers of such children, which record shall be furnished by said police commissioners to the board of school commissioners of Baltimore city; who- soever has under his control a child between said ages and withholds information in his possession from any offi- cer demanding it, relating to the items aforesaid, or makes OF MARYLAND. 65 any false statement in regard to the same, shall be deemed guilty of a misdemeanor, and be fined not more than twenty dollars. 1902, ch. 269. 158. It shall be the duty of the principal or head teacher of every public or private school in Allegany county and Baltimore city to report immediately to the school com- missioners of said county or of Baltimore city, if located therein, or to an attendance officer or other official desig- nated by such commissioners, the names of all children enrolled in his or her school who have been absent or irregular in attendance three days, or their equivalent, without lawful excuse, within a period of eight consecu- tive weeks. 1902, ch. 269. 163. In any city or county where attendance officers may have been appointed, it shall be the duty of the school commissioners to designate an attendance officer, who shall once or more frequently in every year examine into the situation of the children employed in such mills and factories in said city or county, and to ascertain whether all the provisions of this subtitle are duly observed and report all violation thereof to the grand jury of the said city or county. 1902, ch. 269. 164. Attendance officers may visit all establishments where minors are employed in said city or county and ascertain whether any minors are employed therein con- trary to the provisions of this subtitle. Attendance offi- cers may require that the certificates provided for in this subtitle of minors employed in such establishments shall be produced for their inspection. 1902, ch. 269. 165. Any person violating any provision of this sub- title, where no special provision as to the penalty for such 66 PUBLIC SCHOOL LAW violation is made, shall be deemed guilty of a misde- meanor, and be fined not exceeding fifty dollars for each offense; provided, however, that the provisions of this act shall be restricted to the city of Baltimore and Alle- gany county. 1906, ch. 236. 166. Every deaf or blind child between six and sixteen years of age shall attend some school for the deaf or blind for eight months, or during the scholastic year, unless it can be shown that the child is elsewhere receiving regu- larly thorough instruction during the said period, in studies usually taught in the said public schools to chil- dren of the same age; provided, that the superintendent or principal of any school for the deaf or blind, or person or persons duly authorized by such superintendent or principal, may excuse cases of necessary absence among its enrolled pupils; and provided, further, that the pro- visions of this section shall not apply to a child whose physical condition is such as to render its instruction, as above described, inexpedient or impracticable. Every person having under his or her control a child between six and sixteen years of age shall cause such child to at- tend school or receive instruction as required by this section. 1906, ch. 236. 166A. Provided that where the parent, guardian or any other person having control of a deaf or blind child, is not financially able to pay for the transportation of the child to and from such school, the same shall be paid out of the State appropriation for the school which the child at- tends; provided, that three reputable male citizens over the age of twenty-one years, residents of the school dis- trict in which the said child resides, shall certify under oath that to the best of their knowledge and belief the parent, guardian, or other person having control of such child is not financially able to pay the expense of the child to and from school. OF MARYLAND. 6? 1906, ch. 236. 167. Any person who has such a child under his or her control, and who fails to comply with any of the pro- visions of the preceding section, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, before a justice of the peace, be fined a sum not exceeding five dollars for each offense. 1906, ch. 236. 168. Any person who induces or attempts to induce any deaf or blind child to absent himself or herself unlawfully from school, or employs or harbors any such child absent unlawfully from school, while said school is in session, shall be deemed guilty of a misdemeanor, and shal], upon conviction thereof before a justice of the peace, be fined a sum not exceeding fifty dollars for each offense. 1906, ch. 236. 168A. The principal teacher of every public school in the counties and the truant officers of the city of Balti- more shall, within thirty days from the beginning of the school year succeeding the passage of this subtitle, shall furnish the board of county school commissioners, or the board of education of Baltimore city, as the case may be, with the names of all children who are deaf, blind or feeble-minded, between the ages of six and sixteen years, inclusive, living within the boundaries of his or her school district who do not attend school. And the board of county school commissioners, or board of education of Baltimore city, shall certify forthwith the names of all such deaf, blind or feeble-minded children to the re- spective principals of the State schools for such children. Mis cellaneous. 1904, ch. 584. 169. Wherever the word "examiner" occurs in this article it shall be construed to mean l i county superintend- 68 PUBLIC SCHOOL LAW ent;" and wherever the words "assistant examiner " oc- cur they shall be construed to mean "assistant county superintendent. ' ' 1872, ch. 377. 170. Schools on or near the dividing line of two coun- ties shall be free to the children of each county; and the board of county school commissioners of the respective counties shall have power to provide jointly for the main- tenance of said schools. 1872, ch. 377. 171. Eeal and personal estate granted, conveyed, de- vised or bequeathed for the use of any particular county or school district, shall be held in trust by the board of county school commissioners for the benefit of such county or school district, and such grants and bequests shall be exempt from all State and county taxes. 1872, ch. 377. 172. Moneys invested in trust for the benefit of the pub- lic schools of any county or city shall be exempt from State, county or local tax. 1906, ch. 217. 172A. The assent of the State of Maryland is given to the purposes of the grant made by act of congress, ap- proved March 2, 1887, of the first session of the fifty-ninth congress, and the Maryland agricultural experiment sta- tion, a department of the Maryland agricultural college, is designated as the institution entitled to receive the moneys appropriated for Maryland, and the treasurer of the said institution is designated as the proper person to receive the said appropriations. 1906, ch. 217. 172B. The assent of the State of Maryland to the grants of money for the purposes, upon the terms and in accord- ance with the several conditions and provisions contained OF MARYLAND. in section 172A is hereby signified and expressed, and the secretary, of the State is directed to transmit a certified copy of said section to the treasurer of the United States and to the secretary of agriculture of the United States. Maryland Agricultural College. 1904, ch. 537. 173. The board of trustees of the Maryland Agricul- tural College shall be constituted as follows: There shall be eighteen trustees, five of whom shall be elected by a majority of the private stockholders of said college, in the manner now provided by law, and the following six named persons shall represent the State interest in said board, namely, the governor, comptroller, treasurer, presi- dent of the senate, speaker of the house of delegates, and the attorney-general; and the United States secretary of agriculture shall be ex-offi J 7 Board of School Commissioners of Baltimore City 116 46 Board of District School Trustees- Appointment of 7 General jurisdiction 4 6 Oath and organization 7 Term of office of members 7 Bond of secretary and treasurer, County School Board.... 73 34 Books, text ch. 10 29 Branches to be taught 43 22 Certificates- Classification of 122^ F 32 Extension of 69 31 Grades of 69 31 INDEX 83 Certificates Continued. SECTION. PAGE. Kinds of 52 24 Life 56 26 Registration of 69 31 Subjects required for first grade 69 31 Subjects required for second grade 69 31 Charges against teacher 55 26 Charlotte Hall, scholarships to 186, 187 74, 75 Classification of certificates, bases for i22 l / 2 F 32 Clerk to Board of County School Commissioners 21 13 Salary of 21 13 Clerk to State Board of Education 19 n Salary of 19 1 1 Colleges, departments of pedagogy of 122 E 52 Colored industrial schools ch. 20 57 Appropriation for 145 58 Certified list of 144 59 Control of . 141 58 Division of appropriation 139 57 Establishment of 139 57 Inspection of 140 57 Report to Comptroller 140 57 Restriction of appropriation for 143 59 Colored Normal School 189 75 Colored schools ch. 18 52 Establishment of 124 52 No separate fund for 126 53 Supervisor of 141 58 Taxes paid by colored people for ... 127 53 Trustees of.......... 125 53 Commission Library ch. 15 40 Normal School building 78 Comptroller Right to equalize apportionments of school tax 132 56 To report to State Board of Education 131, 133 55, 57 Compulsory school attendance Ages of 151 62 Applicable to Allegany county and Baltimore city, only, 165 66 Of deaf and blind children 166 66 Of deaf or blind, penalty for violation 167, 168 67 Punishment for violation 152, 153 63 Report of absence or irregularity of attendance 158 65 When excused from 151 62 Condemnation of school house sites 38 21 Consolidation of schools 24 15 Constitution of 1867 Provisions of for public schools 5 Contract, teachers' 53 25 County commissioners, authority to levy school tax 25 15 County libraries 101-114 41-46 County or municipal libraries 100 41 County school commissioners, board of 6 7 84 INDEX SECTION. PAGE. County school report 27 17 County superintendent ch. II 31 County Superintendent Appointment of 21 13 Approval of promotion and graduation of high school students . 121 48 Beginning of term of 21 13 Bond of ...... .73, 74 34 Examination of 14 10 Examination of teachers by 68 31 Frequency of school visits 72 33 Notice to Comptroller 76 35 Removal of n 10 Salary of 75 34 Supervision by 72 33 Curriculum 43, 44 D. Deaf or blind Compulsory attendance of 166 66 Expense of transportation of to and from school..... i66A 66 Deaf, blind or feeble-minded children Report of names of i68A 67 Department of pedagogy of colleges 122 E 52 Diplomas Endorsement of 20 12 Of high schools 123 A 52 District libraries ch. 15 40 Appropriation for 94 4 List of books for 94 4 Selection of books 94 4 District school trustees Appointment of 7 Duties and powers of 30 T 8 Vacancies, how filled 35 2O Disturbance of public school, punishment of 50 23 Domestic science, teaching of 145 60 Donations and bequests for school purposes 171 68 Duties and powers of Board of County School Commissioners 24 14 Board of District School Trustees 30 18 State Board of Education n 9 E. Education, provisions of Constitution for 5 Endorsement of normal school diplomas of other States... 20 12 Examiner Change of title of 169 67 Examination of County superintendent 14 Io INDEX 85 Examination of SECTION. PAGE. Pupils 48 23 Teachers 68 31 Teachers, age of candidates 70 32 Expulsion and suspension of pupils 60 28 T* Farmers' Institute Appropriation for 149 61 Department of Agricultural College 148 61 Director of 148 61 Place and frequency of 147 61 Purpose of. ............ 146 60 Report of expenditures 150 62 Fiscal year, ending of 51 24 Formation of boards ch. 2 6 Free books 64 29 Free school fund 129 55 Distribution of 129 55 Frostburg Normal School 77 35 G. Grades of certificates 69 31 Grade supervisors Appointment of 72 A 33 Qualification of 72 A 33 H. Health 76 High schools. ........ ch. 17 48 Admission 34 19 INDEX 89 Schoolhouse sites SECTION. PAGE. Condemnation of 38 21 Purchase of.. .*; 37 20 Purchase or condemnation of 39 21 Selection of 36 20 Titles to 37 20 Schools near county lines, joint support of 170 68 School property By whom held 23 14 Sale or lease of 37 20 School tax ch. 19 53 State rate for 1911 and 1912 128 53 School term Designation of 51 24 Fraction of 51 24 Length ol 42 22 School year Division of 51 24 Minimum length of and penalty for violation 131 55 Secretary of Board of County Commissioners 73 34 Sources of income ch. 19 53 State Board of Education .ch. 3 9 Appointment of 5 6 Appropriation for expenses 10 9 Clerk to 19 n Duties and powers of .11-15 9, 10 Ex-officio members 5 6 Expenses of members 10 9 General jurisdiction 2 6 Honorary membe'rs 5 6 Location of office 9 6 Meetings of 8 9 Members of 1910 4 Minority representation on 5 6 Report of 85 38 Right of appeal to .28, 55 17, 26 Term of office of members 5 6 Vacancies, how filled 5 6 State Normal Schools ch. 12 35 Appointment of assistants 77 35 Appointment of principals 77 35 Appropriations for 83 37 Courses, professional and academic 80 35 Donations and bequests for 84 38 Faculties of 78 35 Location of "... 77 35 Model of practice school 82 37 Pay students 8l 37 Practice teaching 82 37 Scholarships 80 35 Sessions of 79 35 Students, ages of admission 80 35 Teachers' salaries, how fixed 78 35 Vacant scholarships, how filled 80 35 90 INDEX State Normal School No. 3 SECTION. PAG* Appropriations for 190 76 Purpose and control of 189 75 State school fund, restriction on 5 State school tax ch. 19 53 State school tax 25 15 Apportionment of 130 55 Dates of distribution 131 55 State Superintendent of Public Education Appointment of 18 1 1 Duties and powers of 20 12 Grouping of high schools by 122 49 Inspection of high schools by 122 49 Report of high school inspection 122 49 State Teachers' Association Body politic ! ' 90 39 Reading Circle, managed by 90 39 State Teachers' Reading Circle 90 39 St. John's College, scholarships to 175 70 St. Mary's Female Seminary, scholarships to 174 70 Stimulants and narcotics 44 22 Supervision ch. I 6 Supervision by County Superintendent 72 33 Supervisors, appointment and qualification of 72 A 33 Supervisor of colored schools 141 58 Superintendent of Public Education Appointment of 18 1 1 Appropriation for expenses and publications 19 n Member of State Board of Education 18 n Removal of '....... 18 n Salary of 19 n Term of office of 18 II T. Tax, school ch. 19 53 Teachers- Certification of 52 24 Charges against moral character 55 26 Minimum age of 70 32 Teachers' certificate nullification of 55 26 Teachers' contract 53 25 Confirmation of 53 25 Teachers' Association ch. 14 39 Organization of and lecturers 92 40 Place of meetings 93 40 Purpose of 9 1 39 Teachers' examinations 69 31 Teachers' institutes ch. 13 39 Dates of 20 12 Da-te, by whom fixed 88 39 Instructors 89 39 Joint 87 39 Place, by whom fixed 88 39 When held and length of 87 39 INDEX 91 SECTION. PAGE. Teachers' life certificates 56 26 Teachers' pensions 58 27 Teachers, principal Appointment of b3 2 5 Removal of 53 25 Teachers' salaries 57, 122^ E 26 Teachers' term report 54 25 Text-books ch. 10 29 Amount of appropriation for 67 30 Adoption and purchase of 64 29 Apportionment of appropriation 67 30 Appropriation for, inviolable 66 30 Character of 63 29 Competitive bidding for purchase of 64 29 Delivery and care of 65 30 Free of cost 04 29 Purchase of 24 14 Report concerning to State Board 64 29 Supplementary, purchase of 66 30 Transportation of pupils 24 14 Traveling libraries 98 41 Treasurer of Board of County School Commissioners 73 34 Trustees, Board of District School 7 8 Trustees of colored schools 125 53 Trustees of Normal schools 16 II u. Universities and colleges, departments of pedagogy in.... 122 E 52 V. Vacation 51 24 Vaccination, duty of teacher as to 76 (Section 31, Article 43 of Code.) Physicians fees for 77 (Section 31, Article 43 of Code.) Vaccination of school children 62 28 W. Washington's Birthday, observance of 51 24 Washington College, scholarships to 181-185 72-74 Western Maryland College, scholarships to 176, 177 71 242670