Manual of School Laws: For the Use of School Teachers and Officers in the State of Vermont

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Preface

A few words of explanation are in order before introducing the reader to the study of school law. The object of this volume, as set forth in its title, is readily understood. During my experience in school work, perplexing questions have often arisen which necessitated legal advice. Believing this to be the uniform experience of school teachers and officers, I have been led to attempt the task of compiling the school law of the State in such a form as to render it easily comprehended by all.

The revision of the school law at the last session of our legislature marks a new era in school affairs. Realizing that greater confusion than ever was liable to follow this change, the demand for such a Manual seemed doubly imperative.

For convenience of reference the book is arranged in two parts. Part I. contains a complete reprint of the school law. Part II. is based largely upon the decisions of the courts, and is explained in the introduction. In the arrangement of this part of the book, it has been my aim to follow, as nearly as possible, a logical order. The first four and ninth chapters will especially interest school officers. Chapters v., VI., VII. and VIII. relate to matters pertaining more particularly to school teachers. However, a thorough knowledge of the whole book will be found advantageous to both officers and teachers. .In order to preserve the simplicity of the book, the substance only of many decisions is given here. Reference to the book where the entire decision may be found is always given, and will prove of value when a more minute investigation is necessary.

The work has been done with a great deal of care, and I trust that it will be correspondingly free from errors. From a literary point of view no claim to excellence is made. If the book proves a help to teachers and officers in . the management of the schools, its mission will be performed.

I am under obligation to my many friends who have aided and encouraged me in the work, and especially to Mr. Stafford, of the law firm of Ide & Stafford, who reviewed the manuscript. Trusting for the little volume a charitable reception by its readers, it is submitted with the good wishes of a fellowworker.

THE AUTHOR.

Hardwick, May 21, 1889.

Part Second

Manual of School Laws .... 93 Index 195 age and for freight and express charges neces-^ sarily made in connection with his official duties, shall be allowed him in the settlement of his account.

Sec. 5. The Superintendent of Education shall hold a teachers* institute in each county during each biennial term, and may hold additional institutes if in his judgment advisable ; but not more than two institutes shall be held in any county during a biennial term. An institute shall not continue more than four days.

Sec. 6. If the Superintendent of Education is unable to be present at a teachers' institute, he may direct the Supervisor of Schools of any county to conduct such institute ; and he may at any time require the Supervisor of one county to assist in the institute of another county.

Sec. 7. In every teachers' institute especial attention shall be given to the training of teachers in methods of instruction ; and the Superintendent of Education may employ persons specially skilled in such work to aid in an institute when he deems it advisable so to do.

Sec. 8. The entire expense of a teachers' institute shall not exceed thirty dollars for each day such institute is in session, and the same shall be paid by the Superintendent of Education, and be received by him from the State.

Sec. 9. The Superintendent of Education shall, on occasions other than the holding of institutes, visit each county annually, and as many towns in each county as practicable, deliver lectures upon educational subjects, confer with and advise school officers and teachers, and investigate the condition of schools.

Sec. id. The Superintendent of Education shall present to the General Assembly, on the first day of each biennial session, a report for the preceding two years, which shall contain an account of his official doings, a statement of the condition of the schools and the expenditure of the school money, and such suggestions for the improvement of schools as he deems proper.

Sec. II. Not more than four thousand copies of such report shall be printed. Each Supervisor of the Schools shall receive twenty copies. Members of the General Assembly, Town Clerks, District Clerks, and Principals of graded, union and high schools shall each receive one copy. The Superintendent of Education shall make such distribution and shall send the copies, except those for Supervisors of Schools and Members of the General Assembly, to the Town Clerks, who shall deliver them to the persons entitled thereto.

Sec. 12. The Superintendent of Education shall, at the end of every three months, file with the Auditor an itemized account of his expenses verified by his oath ; and as soon as the same can be examined, he shall receive an lO MANUAL OF SCHOOL LAWS*

order on the Treasurer for the amount found due him on such account, and for one-fourth of his annual salary.

Chapter II. Supervisor Of Schools

Sec. 13. Every town at its annual town meeting shall elect one person, a resident of such town, to be a member of a County Board of Education, and the persons so elected shall hold their offices for one year, and shall constitute a Board of Education for that county.

Sec. 14. They shall meet at the shire town of their counties, except the county of Bennington, in which county such meeting shall be held in the town of Arlington, on the first Tuesday of May following their election, and shall organize by the choice from their number of a President and Secretary.

Sec. 15. These Boards of Education shall have cognizance of all matters pertaining to education in their respective counties ; shall collect and report such statistics and other information relative to the schools in their counties, as the Superintendent of Education may require of them. They shall, with the supervisor of their counties, constitute a Board for the selection of text books in the branches prescribed by law, to be used in the schools of such county. They shall also individually act

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as Truant Officers for their respective towns. They shall on the first Tuesday of May next, and on the first Tuesday of May of every second year thereafter, elect for their respective counties a Supervisor of Schools, whose term of office shall commence the first day of July following and continue for two years. A vacancy in the office of Supervisor shall be filled by the board.

Sec. i6. They shall be entitled to receive in payment for their services three dollars per day for the time actually spent in the discharge of their duties.

Sec. 17. A supervisor of schools shall, during his term of office, reside in the county for which he is appointed. A supervisor shall not be eligible to a school district office.

Sec. 18. The annual salaries of the Supervisors of Schools for the several counties shall be as follows : — Grand Isle, two hundred dollars ; Essex, five hundred dollars ; Lamoille, eight hundred dollars ; other counties, twelve hundred dollars each.

Sec. 19. A Supervisor of Schools shall be allowed his necessary expenses when traveling on official business to an amount not exceeding one-fourth of his annual salary, and his necessary expenditures for postage and stationery for official use.

Sec. 20. The Supervisors of the counties of Rutland and Windsor may each appoint an i2 MANUAL OF SCHOOL LAWS*

Assistant Supervisor, and may revoke such appointment at pleasure. An Assistant Supervisor shall visit such schools as may be designated by the Supervisor, discharge the duties prescribed by law in connection with the visitation of schools, and report to the Supervisor. No other duties of a Supervisor shall be performed by his assistant.

Sec. 21. An Assistant Supervisor shall receive four dollars for each day actually spent in official duties, and his necessary cash expenses ; but such compensation and expenses shall not together exceed four hundred dollars in any year. The same shall be paid by the Supervisor, and be repaid him as a part of his expenses.

Sec. 22. A Supervisor of Schools whose salary is twelve hundred dollars, shall devote his whole time to the duties of his office ; and a Supervisor whose salary is less than twelve hundred dollars, shall fully perform the duties required of him by law, devoting to such duties at least an amount of time which shall bear such proportion to the whole time as his salary bears to twelve hundred dollars.

Sec. 23. A Supervisor of Schools shall have the immediate supervision of the public schools of the county, and may, subject to the approval of the Superintendent of Education, adopt measures necessary for their examination, regulation and improvement.

Sec. 24. He shall visit such schools as often as practicable, note the methods of instruction and government, inform himself of the progress of the pupils, and give such advice to the teachers as may be needed.

Sec. 25. He shall, when visiting a school, observe the condition of the schoolhouse, out-buildings and grounds, see if the school is properly supplied with maps and apparatus, and ascertain if all the pupils are provided with necessary text books.

Sec. 26. When the Selectmen of a town represent to the Supervisor that a school in such town is not properly taught or governed, or when the Prudential Committee of a school district or any three voters resident therein, make such representation concerning the school of his district, the Supervisor shall forthwith visit and examine such school, make such further investigation as he deems necessary, and take such action as the case may require.

Sec. 27. The Supervisor of Schools shall learn if the requirements of the law are complied with by school district officers, and shall, as occasion may require, confer with and advise any officer of a district concerning his official duties, or any matter affecting the interests of the district or its school.

Sec. 28. When a matter arises in connection with the public schools concerning which a teacher or any officer of a school district desires the advice of the Supervisor of Schools, or his construction of a provision of the school law, such teacher or officer may mail to the Supervisor a request for such advice or opinion ; and the Supervisor shall, as soon as may be, reply thereto, giving his advice or opinion in the matter presented.

Sec. 29. A Supervisor of Schools shall at all times avail himself of such measures as he may deem judicious to increase the public interest in education, and to that end may hold public meetings for the discussion of questions pertaining to the public schools.

Sec. 30. He shall encourage the formation of Teachers Associations, or, when a regular organization is not practicable, the informal gathering of the teachers of any locality for mutual improvement.

Sec. 31. When ten teachers will meet for two sessions upon the Saturday of any week when the schools are in session, or for two days during a vacation, except in the months of July and August, and desire the presence and instruction of the Supervisor at such meeting, the Supervisor shall, if the other duties of his office permit, meet with and instruct such teachers.

Sec. 32. When in his judgment advisable, he may require all or any number of the teachers of a town to meet him at a convenient point in such town upon the Saturday of any week when their schools are in session, to receive instruction in school work and methods.

Sec. 33. He may after notice, and a hearing if desired, revoke the county certificate, or annul for his county the Normal School certificate of any teacher who, having been duly notified, shall without sufficient excuse fail to attend such meeting ; such action to take effect at the close of the term then being taught by such teacher.

Sec. 34. Every teacher shall, on or before the first day of his school, mail to the Supervisor information as to what school he is to teach, his postoffice address while teaching, and the time for which he is engaged, and shall renew such information as often thereafter as any change may be made.

Sec. 35. A Supervisor of Schools shall, under the direction of the Superintendent of Education, make all necessary arrangements for the holding of a teachers' institute in his county, and shall take measures to secure the attendance of the teachers of the county, and shall be present at and assist in the work of such institute.

Sec. 36. When a school is not sufficiently supplied with maps or apparatus, or a schoolhouse is in need of repair or furnishing, the Supervisor of Schools shall send to the Prudential Committee a report of such deficiency or want of repair,' with his recommendations in the matter ; and the Committee shall supply such deficiency or effect such repairs, or shall present such report to the district at its next meeting.

Sec. 37. When, in the opinion of the Supervisor, the interests of education would be promoted by an alteration in the school districts of any town, he shall send to the Selectmen of such town, in the first week in February, a report containing his recommendations in the matter, which shall be printed with the town report in a town which has its report printed, or, when such report is not printed, be presented to the town at its annual meeting.

Sec. 38. A Supervisor of Schools shall, in the month of July next preceding each biennial session of the General Assembly, previous to the twentieth day of such month, send to the Superintendent of Education a report of his work as Supervisor, and of the progress, condition, and needs of the schools in his county, with such suggestions as he may desire to make.

Sec. 39. A Supervisor of Schools shall, at the end of every three months, file with the Auditor an itemized account of his expenses, verified by his oath ; and as soon as the same can be examined, he shall receive an order on the Treasurer for the amount found due him on such account, and for one-fourth of his annual salary.

CHAPTER HI.

teachers' certificates.

Sec. 40. No person shall teach a public school without having a certificate of qualification, and a contract for teaching shall be void if the teacher does not obtain such certificate before opening school ; but the above provisions shall not apply to the principal teacher of the highest department of a graded school.

Sec. 41. A certificate of graduation from the lower course of a Normal School in this State, shall be a license to teach in the public schools of the State for five years from the date thereof; and a certificate of graduation from the higher course of such Normal School shall be a license to teach in the public schools of the State for ten years from the date thereof.

Sec. 42. A graduate from the lower course of the Normal School, at the fifth annual examination after his graduation, on presenting to the examining board of such school satisfactory evidence that he has taught successfully in the public schools of the State one hundred weeks since his graduation, may be admitted to an examination in the higher course of study in said school, and on passing a satisfactory examination therein, shall receive a certificate thereof from the Board of Trustees of said school, which shall be a license to teach for ten years in the public schools of the State.

Sec. 43. A graduate of such Normal School holding a ten years' certificate, who has taught two hundred weeks under such certificate, may, at the expiration thereof, be granted by the concurrent action of the Superintendent of Education and the Supervisor of Schools of the county where such person last taught, without examination, a certificate authorizing such person to teach in the public schools of the State until such certificate is revoked by like concurrent action.

Sec. 44. A Supervisor of Schools may grant to graduates from the highest course of a Normal School in another State, certificates of qualification, which shall in his own county confer the same authority to teach, and be subject to the same provisions, as certificates of graduation from the same course of a Normal School of this State.

Sec. 45. Persons not holding certificates valid throughout the State shall obtain certificates from the Supervisor of Schools of the county where such persons are to teach, which certificates shall be valid throughout such county ; and a Supervisor shall not, except as elsewhere provided, issue a certificate without a public examination of the applicant in all the branches required by law to be taught in the common schools.

Sec. 46. Public examinations of applicacants for teachers' certificates shall be held in each county, commencing on the third Tuesday in March, on the third and fourth Tuesdays in July, and on the third Tuesday in November, in each year, at convenient places to be designated by the Supervisor of Schools, notice of vsrhich examinations shall be published in all the newspapers of the county at least two weeks prior thereto.

Sec. 47. Such examinations shall be both written and oral, and shall be conducted by the Supervisor of Schools ; but if a Supervisor is prevented by sickness from attending an examination, he may designate some person to conduct such examination, and may afterward grant certificates upon the examination papers and the report of the person who conducted the examination.

Sec. 48. If a Supervisor of Schools is unable to make the designation, or seasonably issue the certificates, provided for in the preceding section, such designation may be made and such certificates issued by the Superintendent of Education with the same effect as if done by said Supervisor.

Sec. 49. The Superintendent of Education shall prepare for each public examination questions to be used in the written examination, which shall be the same in all counties ; and he shall transmit the same to the Supervisors in sealed packages, which shall be opened by the Supervisors in the presence of the applicants at the commencement of the examination.

Sec. 50. The Superintendent of Education shall fix the standard of correctness which shall be reached in written examination to entitle the applicant to a certificate ; and ali examination papers shall be preserved in the office of the Supervisor for at least one year, and be subject to the inspection of the Superintendent of Education.

Sec. 51 . A person who reaches the required standard in the written examination, and passes an oral examination to the satisfaction of the Supervisor, and gives such evidence of good moral character and of ability to govern as the Supervisor may require, shall receive a certificate of qualification of the grade to which he may be entitled ; but no certificate shall be granted to a person not seventeen years of age.

Sec. 52. A Supervisor of Schools may issue certificates of three grades, which shall be granted under the restrictions applicable to each as hereinafter provided.

Sec. 53. A certificate of the first grade shall be granted only to one who has taught successfully forty weeks, and shall be a license to teach for five years from its date. Such certificate may be based in part upon an examination in such higher branches of English study as may be designated by the Superintendent of Education, and such certificate maybe renewed at the discretion of the County Supervisor, for the period of five years, provided the holder thereof shall have taught one hundred weeks in the public schools of the State during the five years preceding the renewal of such certificate.

Sec. 54. A certificate of the second grade shall be granted only to one who has taught successfully twelve weeks, and shall be a license to teach for two years from its date. No examination except in the branches required by law to be taught in the common schools shall be required to entitle a person to a certificate of the second or third grade.

Sec. 55. A certificate of the thhd grade shall be a license to teach for a specified time, not exceeding one year, and may, in the discretion of the Supervisor, be limited to the teaching of a particular school. A person who has twice taken a certificate of the third grade, and who has taught at least twelve weeks, shall not afterward be given a certificate of that grade.

Sec. 56. A Supervisor may also issue a special certificate, upon private examination, which shall be good until the next public examination, to a person who was unavoidably prevented by sickness or other misfortune from attending a public examination ; or to a person employed by a district which, in consequence of some unforeseen event and without fault on its part, is without a licensed teacher to commence its school. But before granting such

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certificate, the Supervisor shall be fully satisfied of the existence of the grounds upon which the application is made.

Sec. 57. A graduate of any college whose course of study is approved by the Superintendent of Education, who has taught in the public schools of the State twenty-four weeks, may receive from the Supervisor of Schools of the county where such person last taught, without examination, a certificate of the first grade, if, in the judgment of the Supervisor, such person has fully proved his ability to instruct and govern.

Sec. 58. A certificate of the first grade issued by the Supervisqr of one county may, upon application in person by the holder thereof, without an examination, be made valid in another county by an indorsement thereon to that eflfect by the Supervisor of such other county ; and the certificate so indorsed shall, for the remainder of its term, have the same eflfect in such other county as if originally issued in such county.

Sec. 59. A person who has held Supervisors' certificates of the first grade for ten successive years, and has during that time taught two hundred weeks in the public schools of the State, may at the end of such time be granted the certificate provided for in section fortythree in the same manner and with the same eflfect.

MANUAL Ol^ SCHOOL lAwS. 2^

Sec. 6o. A teacher holding a State certificate shall notify the Supervisor of the county in which he is to teach before commencing his school that he holds such certificate, and shall submit the same to the inspection of the Supervisor on request.

Sec. 6i. A Supervisor of Schools may revoke the county certificate, or annul for his county the Normal School certificate, of a teacher whom he finds to be incompetent to teach or govern his school, or to be setting an evil example betore it ; and on so annulling a Normal School certificate he shall report the matter to the Board of Trustees of such school for their further action.

Sec. 62. The revocation or annulment of a certificate shall be in writing, and a copy thereof shall be given to the Prudential Committee and to the teacher ; and from the time of the delivery of such copies, or from the time such action is to take effect, in cases arising under section thirty-three of this act, the contract between the district and such teacher shall be void.

Sec. 63. The Supervisor of Schools shall keep a complete record of the name, age and residence of each person licensed by him, and of the date and grade of each certificate issued, and of each instrument revoking or annulling a certificate.

Sec. 64. All certificates in force at the time of the passage of this act shall be valid until

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their expiration, unless revoked or annulled as provided by law.

Sec. 65. The Superintendent of Education shall procure the printing of the questions prepared for written examinations, and the cost of such printing shall be allowed as a part of his expenses. The advertising and other necessary expenses of a public examination of teachers shall be paid by the Supervisor, and be repaid him upon the settlement of his account.

Chapter IV

SCHOOL DISTRICTS. I. ORGANIZATION.

Sec. 66. When the inhabitants of a town cannot be conveniently accommodated in one school district, such town shall, at a meeting warned for that purpose, divide the town into several districts, and determine their limits.

Sec. 67. Adjoining towns may, by concurrent votes, form a school district comprising parts of such towns. A district so formed shall be called a fractional district and shall be held to telong to the town and county in which the schoolhouse is located. If the schoolhouse is located upon the dividing line between towns, such district shall be held to belong to the town having a plurality of the children ot school age in the district, and to the county in which such town is situated.

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Sec. 68. A town shall number its school districts, and the districts shall be designated by their respective numbers ; and the numbers and descriptions of said districts, and alterations afterward made in their limits, shall be recorded in the office of the Town Clerk.

Sec. 69. When it is necessary to organize a school district, three voters of the proposed district may apply in writing to the Selectmen of the town in which such district is located, or if the district contains parts of two or more towns, to the Selectmen of either town ; and the Selectmen shall call a meeting in such district by posting up a notice thereof, specifying the time, place and business of the meeting, in two of the most public places ia such district, at least seven days before the time therein specified. One of the Selectmen shall preside in the meeting until a Moderator and Clerk are chosen, when the district shall be held to be organized.

Sec. 7o« The Selectmen of a town, on the application of three voters in an adjoining unorganized town or gore, may divide such town or gore into as many school districts as maybe needed, and number such districts, and organize them in the manner provided in the preceding section. The Selectmen acting under this section shall cause their proceedings to be recorded in the office of the Clerk of the county in which such town or gore is situated.

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and receive reasonable compensation frotn the petitioners.

Sec. 71. A school district, legally organized, shall be a body politic and cprporate, with the powers of a corporation for maintaining schools in such district, and by its corporate name may sue and be sued, and may take, hold and convey real and personal estate.

Sec. 72. A town, by vote in town meeting, may set persons residing in town to a school district in an adjoining town or gore, if such district, by vote, consents to receive them ; and persons so set to a school district shall have the same rights and be subject to the same liabilities as the other inhabitants of the district, and as to district taxation shall be treated as belonging to such district.

II. OFFICERS.

Sec. 73. A school district, shall, at its organization, and at each annual meeting thereafter, elect from among the legal voters of such district a Moderator, Clerk, Collector, Treasurer, one or three Auditors, and a Prudential Committee of one person unless the district shall vote to have the Prudential Committee of three, provided for in the succeeding section. The term of office of such officers shall commence at the time of their election and continue until their successors are chosen, but if the Prudential Committee is absent more than

MANUAL OP SCHOOL LAWS* 2*f

three months from the district, his office shall be deemed vacant.

Skc. 74. A school district may, at its organization, or at its annual meeting, elect a Prudential Committee of three persons, one of whom shall be chosen for one year, one for two years, and one for three years ; and until such district shall vote to discontinue such Committee of three such district shall, upon the expiration of the term of office of a member of such Committee, elect a successor for three years, and may at any meeting fill a vacancy occurring in said Committee.

Sec. 75. If such a Committee is elected at the organization of the district, and such organization is not at the time fixed for an annual meeting, the time between the organization and the next annual meeting shall be accounted the first year of said terms.

Sec. 76. When a district has voted to discontinue such Committee of three, it shall not elect successors to the members as their terms expire, and the remaining members or member of such committee shall be the committee of the district until the expiration of the term which is last to expire.

Sec. 77. A school district may elect the Collector of town taxes, although not an inhabitant of the district, to be Collector of such district, if he will accept the office in writing ;