Pennsylvania common school law, by Chester C. Bashore ...

Preface

Within recent years the people of Pennsylvania have manifested a deep interest in the canse of education, and this work is presented with the hope that it may be of value to those who may desire more knowledge upon the subject.

As the common school law of Pennsylvania is purely statutory, it has been the plan of the author to give the Acts of Assembly bearing on a given subject, followingsaid acts by the decision of the courts relating to them.

It is with much hesitancy that this work is submitted to the public, but if it serves as an aid to those investigating the subject, the author will feel amply justified in his labors.

The writer acknowledges his indebtedness to Arthur L. Reeser, LL. B., for his valuable assistance.

Chester C. Bashore.

Carlisle, Pa., September i, 1906.

CHAPTER I. COMMON vSCHOOL DISTRICTS

PACK

1. Creation of i

2. Every township, borough and city a school district 2

3. vShall elect assessors 2

4. Consolidated districts. Powers of controllers 3

5. Terms of directors elected. Courts nia\' increase number to

three for each ward 4

6. Independent districts. Creation of 4

7. When districts become independent. Powers of new board 5

8. Collection of taxes 5

9. Against formation 5

10. How to abolish independent districts 5

11. Abolish whole districts 6

12. Classification of school districts 6

13. First class 6

16. Fourth class 6

17. Population of different classes of cities. First class 6

18. vSecond class 6

CHAPTER n.

CHANGES IN SCHOOL DIvSTRICTS.

20. When alteration or abolition takes place 7

21. Apportionment of existing debt 8

22. Cutting borough out of township 8

23. District municipal corporation 9

25. When cutting boroughs out of townships does not create new

26. Division of property upon formation of new districts 10

27. Act of 1862 is a remedial law 11

28. Division of propert}- 11

29. Division of state appropriation 11

30. Division of property upon the enlargement of school districts.. 11

31. Annexation of land 12

^^. Contents of petition 13

35. When court may set aside decree 13

36. Proper proceedings 14

37. Territor}- becomes part of new district 14 vi TABLE OF CONTENTvS, Continued

Pagk.

38. Merj^er of township, Rights and liabilities 14

39. Certification of new districts 15

40. Tax cannot be levied while proceedings are pending 15

41. Duty of commissioners : 15

42. Borough school districts 16

43. Constitution 16

44. Due compensation 16

45. Court shall adjust and apportion indebtedness 16

46. Trial by j ury 18

47. No authority in new district 18

48. Notice to persons having claims against the district 18

49. Riiles for collection and payment 18

50. Court may appoint receiver. Duty of receiver 19

51. How indebtedness shall be credited. How balance shall be

credited 19

52. Enforcement of orders and decrees 19

53. When township is merged into one borough 20

Chapter III. Powers And Liabilities Of School Districts

55. May sue and be sued 21

56. To purchase or sell real estate 21

57. Directors shall have no interest in property purchased 22

58. Real estate held in trui^t 22

59. Conveyance of real estate to school district by sur\iving

60. Deeds, how executed 23

61. Suits by and against school districts 23

62. How summons must be made 23

63. Negligence 23

64. Statutory power of officers 24

65. Execution against school districts 24

66. Remedy 25

67. Special writ on execution 25

68. Return 25

69. When attachment is premature 25

70. Execution on judgment 25

71. Evidence for school district 26

72. Procedure on a judgment rendered by a justice of the peace or

alderman against a school district 26

73. Record of certificate 26

75. Failure to comply with the act. Records and transcripts 27

Chapter IV. Election Of Directors; Filling Of Vacancies

76. Creation of school boards 28

77. Not municipal officers 29

78. Election of school directors. Term of office 29

TABLE OF CONTENTS, Continued vii

PAGE

79. Petition. Increase of number of directors 29

80. Vacancies. Term 30

81. Election of school directors in boroughs not divided into wards 30

82. Election of school directors in boroughs not divided into wards 30

83. Designation on ballot 31

85. Directors elected under former laws 31

86. Appointment by the court 31

87. Borough school directors 32

88. Election of directors in independent districts 33

89. Election of directors for different terms. Use of " stickers ".. 33

90. Returns of election, how made 34

91. Contested elections, how decided 34

92. Filling vacancies at any election 34

93. Purpose of the act 35

94. When school board fills vacancy 35

95. Meaning of the word "otherwise" 35

96. Filling of vacancies by the board 35

97. Expiration of term of appointment 36

98. Written resignation 36

99. Decreasing the number of school directors to two 37

100. Election after such decrease '. 37

loi. How to decide tie vote 37

102. Duty of school board to act and determine a director's right to

a seat when there is a tie vote 38

103. Women eligible to ofl&ce of school director 40

104. Legal residences 40

105. Vacancies without resignation 40

106. Adopting city charter 40

107. Title of school director 40

108. Directors exempt from serving in certain officer 41

109. Incompatibility of ofl&cers 41

no. School director can act as judge 41

Chapter V

ORGANIZATION OF BOARDS OF DIRECTORS AND CON- TROLLERS. OFFICERS AND DUTIES.

116. When board shall organize 43

117. Factional organization 43

119. Officers of the board 45

120. Business at meeting of organization 46

131. Election of secretary 46

122. How to determine the rights of rival candidates 46

123. Certificate of election 47

124. Commencement of term 47

125. When term expires 47

126. Duties of officers. The president 48 viii TABLE OF CONTENTS, Continued

PAGE

127. Deeds and contracts 48

128. Orders 48

129. President cannot emplo)' teachers 48

130. President cannot employ attorney 48

131. President's duties at close of school year 49

132. President's liability 50

133. The secretary. Duties. Compensation 50

134. Names and addresses 50

135. Countersign 50

137. End of the term 51

139. Duplicate 5^

140. " Pennsylvania School Journal " 51

141. Deeds, contracts, etc 51

142. Required to sign orders 51

143. May receive a salary 52

144. No extra compensation 52

145. Treasurer cannot be secretary 52

146. Duty of secretary after annual appointment of teachers 52

147. The treasurer. Bond. Powers and duties 52

148. When to enter office 53

149. Payment of orders 53

150. Teachers' rights 53

151. Violation of duty of treasurer to purchase school orders 53

152. Orders on the treasurer 53

153. Executions. Manner of payment 53

154. Reappointment of treasurer 54

155. Settlement 54

156. Settlement by the auditors ■. 54

157. Treasurers' accounts in independent districts 54

158. Percentage 54

159. Liability of treasurer for failure to pay money to successor 54

161. Annual settlement of treasurer 55

162. When settlemeiit is conclusive 55

163. Erroneous surcharge of treasurer. Remedy 55

165. Unlawful payment. When treasurer liable 55

166. No discretionary power of treasurer 55

167. Penalty for failure of treasurer to pay over funds 56

168. Power to remove treasurer 56

Chapter VI

MEETINGS. VACANCIES. APPOINTMENTS.

169. Meeting of directors and controllers 57

170. " Stated and regular meetings of boards " defined 57

171. School directors have power to declare vacancies and make

appointments 58

TABLE OF CONTENTS, Continued ix

PAGE

172. School directors sustained in removing absentees and appoint-

ing others 58

173. Proceedings to ouster a director for absence. Meaning of ex-

pressions ''to meet at the call of the president," "to adjourn to a time and place certain," and "special or adjourned

meetings " 60

174. Procedure upon convening of board. 62

176. Motions and resolutions 62

177. When no business can be transacted 63

178. Tie vote loses the question 63

179. Regular meeting 63

180. Special meeting of the board. By whom called 63

181. President and secretary pro tempore 63

182. To prevent delay 64

183. Directors' annual meeting. Compensation 64

1S4. When city treasurer becomes school treasurer 64

Chapter VII

185. Power of the court of quarter sessions to remove directors 65

186. Removal of whole board for failure to organize 65

187. Meaning of " so far as the means of the district will admit "... 66

188. Removal for failure to elect necessary teacher 67

189. Removal for non-performance of duties 67

190. Power of the court of common pleas to remove directors 67

191. Power of the court to grant a rule upon the directors 68

192. Intentions of the act 68

193. Power of the court to remove directors under the act of June

6, 1903 69

194. Attorney fees cannot be taxed as costs 72

Chapter VIII. Directors— Controllers To Establish Schools

195. Establish schools 74

196. Discretionary powers of directors 75

197. Right of children to attend school 75

19S. No race distinction 75

199. Children of charitable institutions 76

200. Residence of pupils 76

201. Mechanic arts. Athletics 77

203. Duty of school directors to visit schools 77

204. Annual report to county superintendent. 78

205. State appropriation forfeited 78

206. Power of directors and controllers to establish grades of schools.. 78

X TABLE OF CONTENTS, Continued

PAGE

207. Regulation of grade and transfer 78

208. Deaf mute children. School board to open and maintain a

special school for their education 79

209. Expenses paid out of school district funds 79

210. Indigent blind children. Expenses paid out of school funds.. 79

211. Extension of time 80

212. Homes for friendless children. Powers of trustees and mana-

gers. May petition court 80

213. Contents of petition to court of common pleas 80

214. Order of court and duty of county commissioners 81

215. Court to appoint one-third of trustees and managers 81

216. Duties of treasurer 81

217. Duty of auditors 81

218. Admission of friendless children 82

219. Visitors of institutions 82

220. Acceptance of act and employment of teachers 82

221. Admission of orphan and friendless children to the public

schools. Tuition 83

222. Children of soldiers 83

223. Children not to be employed under certain age 84

224. Employers' register and contents 84

225. Affidavit by parent or guardian 84

226. When affidavit by child 84

227. Cost of affidavit 84

22S. Qualifications of minors under sixteen. Exceptions 84

229. Teacher's certificate 85

Chapter IX. Joint Schools

230. Establishment of joint schools of adjoining townships 86

231. Building joint school house 86

232. Establishment of joint schools of parts of adjoining counties

or townships 87

233. Joint meeting of boards of directors 87

234. School directors may provide transportation for children 87

235. When schools are closed by reason of small attendance 87

237. Cost of transportation 88

238. Expenses and tuition, how paid 88

239. Directors shall not be party to any contract 88

241. Contract for transportation of children under act 1897 89

242. Attending school in adjoining districts 89

243. Discretionary power of school boards 89

244. Discretion of directors reviewable by the courts 91

245. Contract between districts 91

246. Payment of tuition by non-resident pupils 91

TABIvE OF CONTENTS, Continued xi

Chapter X. Public High Schools

PAGE

247. Public schools in cities or boroughs with a population of 5,000

or over. Powers of controllers and directors 92

248. They may establish a public high school. Admission 93

249. Supervision over teachers and pupils 93

251. Branches to be taught and books used 93

253. Maximum length of term. Payment of expenses 94

254. Power to hold or convey real estate 94

255. Grounds and buildings 94

256. Site. How procured 94

257. Councils shall levy tax. Levying of tax in boroughs not di-

vided into wards 96

258. May borrow money and issue bonds therefor 96

259. Public high school in any school district 97

261. Grades of high schools ,. 97

262. Annual appropriation 97

263. Employment of teachers 98

264. Sworn statements to superintendent of public instruction 98

265. Supervision of high school 99

266. Approval of courses of study 99

267. Centralization of township schools and provision for township

high schools. Definition of "centralization " 99

268. Petition and duty of school board 99

269. Elections and ballots.. 100

270. Issuing of bonds 100

271. Course of instruction and transportation of pupils 100

272. When children may attend high school in another district loi

273. Children may attend higher grades in other districts loi

Chapter XI. Evening Schools

275. Employ teachers 103

278. Evening high schools may be established 104

280. Procedure on refusal to establish evening high schools 104

281. When to take effect 105

282. Additional teachers 105

283. Petition for schools 105

284. Night schools for manual training of children 107 xii TABLE OF CONTENTS, Continued

Chapter XII

SCHOOL DIRECTORS AND CONTROLLERS TO DIRECT STUDIES AND EXPEL PUPILS FOR MISCONDUCT.

PAGE

285. Direct studies and select books ,. 108

286. Branches required to be taught 108

287. Optional as to other branches 108

288. Additional branches in cities of the second and third class 109

289. System of humane education 109

290. Experiments on living animals forbidden 109

292. Physical culture 109

293. Duty of school directors, controllers and boards of education... no

294. Suspension and expulsion of pupils > no

295. Power of committee to investigate no

296. Teachers or school boards may expel pupils iii

Chapter XIII. Liability Of Directors And Controllers — Payment

OF EXPENSES.

297. Payment of necessai-y expenses 115

298. Directors have no authority to pay a pupil's board 115

299. School orders or warrants are not negotiable 115

300. School boards not authorized to purchase drafts or commercial

papers 115

301. School directors personall}' liable 116

M2. Liable for unlawful settlement with tax collectors 118

Chapter XIV. School Sites

303. Power of school directors or controllers to enter upon and

occupy sufficient ground for school sites 119

304. Sites for school houses 120

305. Location of school houses 121

306. Review by the courts 122

308. School board acquires no fee 123

309. Power to discontinue proceedings under act April 9, 1867 123

310. Certain land owned by county may be taken for educational

311. Damages, how secured 123

312. Courtof quarter sessions to appoint viewers. Duties of viewers.. 124

313. Power of the school board to take public burial places 124

314. Courtof common pleas to appoint viewers. Duties of viewers.. 125

315. Appeal from report of viewers 126

TABLE OF CONTENTS, Continued xiii