Michigan school law

Preface

The object aimed at in the preparation of this book has been to compile the school law of Michigan in as complete and compact a manner as the subject matter will admit ; to arrange the materials at hand in such a way as to make the book as interesting and practical for teachers as may be, law being a dry subject at its best, to all except the devoted student of law. Owing to the entire absence of a book of the kind, the conviction of the usefulness and necessity of the same and the importunities and encouragements of teachers and friends of education has led to the compilation. My first intention was to arrange a work to include only the more prominent points of the school law. However, it was found necessary to arrange the entire text ; as any portion omitted would be sure to contain a point of law desired at some time.

It will be a source of great pleasure and satisfaction if I

have succeeded by means of this book, in placing before the

teachers the entire school law of Michigan in such a manner as

to be available and reliable.

M. T. D.

Chapter XVII.— State Certificates to Teachers 78

XVIII. — Teachers' Associations 78

XIX.— Safe Keeping- of Public Moneys 79

XX.— Compulsory Education of Children 79

XXL— Compulsory Reformatory Education of Juvenile Disorderly Persons 81

XXII. —Regulating the Employmnt of Children .... 85

XXIII. —To Prevent Crime and Punish Truancy. ... 87

XXIV.— Free Text Books 89

Note.— Appo.tionment of Surplus Dog Tax to Districts 92

Act No. 119.— Authorizing the Introduction of Kindergarten

Work in the Public Schools of Michigan 93

144.— Authorizing the Faculty of the University of Michigan to Grant Teachers' Cirtificates in

Certain Cases 94

Act No. 327.— Authorizing Trustees of Certain Colleges to

Grant Teachers' Certificates 95

DIGEEST OF DECISIONS.

Township Board of School Inspectors 97

Appeals From Action of School Inspectors 98

Township Board 99

Organization of School Districts 101

District Moneys, Warrants and Orders 105

Teachers' Contracts and Certificates 110

Liabilities of Districts 113

Tuition of non-Resident Pupils 116

Admission of Colored Children to Schools 116

School Sites and School-Houses 116

Graded and High Schools 120

Library Moneys 121

Miscellaneous 122

Contents

CONSTITUTONAL PROVISIONS.

Page.

Article VIII.— State Officers ••• 5

XIII.— Education 5

Chapter I. — Superintendent of Public Instruction. 9 " II. — Formation, Alteration, Meetings and Powers of

Districts 12

III.— District Board and Officers. ... '21

IV.— Township Officers 33-

V. — County Clerk and Treasurer 40

VI. — Bonded Indebtedness of District 41

VII. — Suits and Judgments Against Districts 43

VIII.— Sites for School Houses 44

IX. — Appeals from Action of Inspectors. 51

X. — Graded School Districts 53

XI. — Libraries 56

XII. — Examination of Teachers and Supervision of

Schools GO

XIII. — Penalties and Liabilities 69

XIV. — Election of School Inspectors 72

XV.— Teachers' Institutes 73

XVI. — Normal School Diplomas and Certificates 76

CONSTITUTIONAL PROVISIONS,

ARTICLE VIII.

STATE OFFICERS.

Section 1. There shall be elected at each biennial election, a secretary of state, a superintendent of public instruction, a state treasurer, commissioner of the land office, an auditor general, and an attorney general for the term of two years. They shall keep their offices at the seat of government, and shall perform such duties as may be prescribed by law.

Sec 2. Their term of office shall commence on the first day of January, one thousand eight hundred and fifty-three, and of every second year thereafter.

Sec 3. Whenever a vacancy shall occur in any of the State offices, the governor shall fill the same by appointment, by and with the advice and consent of the senate, if in session.

AETICLE XIII.

EDUCATION.

Section 1. The superintendent of public instruction shall have the general supervision of public instruction, and his duties shall be prescribed by law.

When are State officers to be elected? Where must they keep their offices? What is their term of office? How are vacancies filled ? What general supervision has the superintendent of public instruction, and how are his duties prescribed?

Sec. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the State for educational purposes, and the proceeds of all lands or other property given by individuals, or appropriated by the State for like purposes, shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.

Sec. 3. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the State ; and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of primary schools.

Sec. 4. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State ; and all instruction in said schools shall be conducted in the English language.

Sec. 5. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to maintain such school shall be deprived for the ensuing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the sup-" port of schools

Sec. 6. There shallDbe elected in the year eighteen hundred and sixty-three, at the time of the election of a justice of the supreme court, eight -regents of the university, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of

The primary school fund is derived from what source? What is said of escheats? How were free schools established ? In what language shall all instruction be conducted? How long must a district school be maintained in each district during the year? What penalty for failing to maintain the school for this period of time? What is said of the election of regents of the university?

CONSTITUTIONAL PROVISIONS.

a justice of the supreme court thereafter, there shall be elected two regents whose term of office shall be eight years. When a vacancy shall occur in the office of regent, it shall be filled by appointment of the governor. The regents thus elected shall constitute the board of regents of the university of Michigan.

Sec. 7. The regents of the university, and their successors in office, shall continue to constitute the body corporate known by the name and title of "The regents of the university of Michigan."

Sec. 8 The regents of the university shall, at their first annual meeting, or as soon thereafter as may be, elect & president of the university, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the regents, and be the principal executive officer of the university. The board of regents shall have the general supervision of the university, and the direction and control of all expenditures from the university interest fund.

Sec. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty -two, three members of a State board of education ; one for two years, one for four years, and one tor six years ; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The superintendent of public instruction shall be ex officio a member and secretary of such board. The board shall have the general supervision of the State normal school, and their duties shall be prescribed by law.

Sec 10. Institutions for the benefit of those inhabitants who are deaf, dumb, blind or insane, shall always be fostered and supported.

What is their term of office ? ;How are vacancies filled? Are the regents a corporate body ? How is the president of the university elected? What are his duties? What are the duties of the regents? What is said of the election of a State board of education? W T hat is their term of office? Is the superintendent of public instruction a member of the board? Over what public school have they charge and how are their duties prescribed f What is said of fostering and supporting asylums?

Sec. 11. The legislature shall encourage the promotion of intellectual, scientific and agricultural improvement ; and shail, as soon as practicable, provide for the establishment of an agricultural school. The legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the university, for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the regents of the uni versity.

Sec. 12. The legislature shall also provide for the establishment of at least one library in each township and city ; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city : Provided, That in no case shall such fines be used for other than library or school p urposes.

JOINT RESOLUTION, No. 10.

Amendment to section one, of article nine, of the const itutions, 1893.

The Superintendent of Public Instruction shall receive an annual salary of $2,000.

What is said of the agricultural school? How shall it be maintained? Under whose supervision was it placed ? What is said of libraries? How are they to be maintained? What salary does the Superintendent of Public Instruction receive ?

STATUTORY PROVISIONS.

STATUTORY PROVISIONS.

Act No 164, Laws of 1881, as amended by Session Laws of 1883, 1885, 1887 and 1889.

CHAPTER I.

THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

(§1.) Section 1. The People of the State of Michigan enact, That the superintendent of public instruction shall have general supervision of public instruction and of all State institutions, other than the university, that are essentially educational in their character, and it shall be his duty, among other things, to visit the university, the agricultural college, the institution for the deaf and dumb, the school for the blind, the reform school, the reform school for girls, and the public school for dependent and neglected children, and to meet with the governing boards of each of said institutions at least once in each year. He shall also prepare annually, and transmit to the governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing :

First, A statement of the condition of the university and of each of the several State educational institutions, all incorporated institutions of learning, and the primary, graded and high schools ;

Second, Estimates and amounts of expenditures of all educational funds ;

Third. Plans for the management of all educational funds, and for the better organization of the educational system, if, in his opinion, the same be required ;

Fourth, The annual reports and accompanying documents, so far as he shall deem the same of sufficient public interest, of all State institutions of educational character ;

Mention some of the powers and duties of the superintendent of public instruction? How often and to whom shall he make a report ?

Fifth, Abstracts of the annual reports of the school inspectors of the several townships and cities of the State ;

Sixth, All such other matter relating to his office and the subject of education generally as he shall deem expedient to communicate;

(§2.) Sec. 2. He may appoint a deputy superintendent of public instruction and revoke such appointment in his discretion, and such deputy shall take the constitutional oath of office, which with his appointment shall be filed with the secretary of state. Said deputy may execute the duties of the office in case of a vacancy or the absence of the superintendent.

(33.) Sec. 3. The superintendent of public instruction shall compile and cause to be printed all general laws relating to schools, together with all necessary forms, regulations, and instructions for conducting all proceedings under said laws, or relative to the organization and government of the schools, including rules and regulations for the management of township and district libraries, and shall transmit the same to the several officers intrusted with the care and management of said schools.

(H.) Sec 4. He shall semi-annually, on receiving notice from the auditor general of the amounts thereof, and between the first and tenth days of May and November, apportion the primary school interest fund among the several townships and cities of the State, in proportion to the number of children in each between the ages of five and twenty }^ears, as the same shall appear by the reports of the several boards of school inspectors made to him for the school year closing prior to the May apportionment, and shall prepare a statement of the amount in the aggregate payable to each county, and shall deliver the same to the auditor general, who shall thereupon draw his warrant upon the State treasurer in favor

Mention some of the contents of the report. Who may appoint a deputy superintendent? When may the deputy execute the duties of the office of the superintendent? What is said in regard to compiling the school laws? Who may receive copies of said compilation? When is the primary money apportioned?

of the treasurer of each county for the amount payable to each county. He shall also send written notices to the clerks of the several counties of the amount in the aggregate to be disbursed in their respective counties, and the amount payable to the townships and cities therein respectively.

(§5.) Sec. 5. Whenever the returns from any county, township, city, or district, upon which a statement of the amount to be disbursed or paid to any such county, township, city, or district shall be so far defective as to render it impracticable to ascertain the share of primary school interest fund which ought to be disbursed or paid to such county, township, city, or district, he shall ascertain by the best evidence in his power the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly.

(§6.) Sec. 6. Whenever any county, township, city, or district, through failure or error in making the proper report, shall fail to receive its share of the primary school interest fund, the superintendent of public instruction, upon satisfactory proof that said county, township, city, or district was justly entitled to the same, shall apportion such deficiency in his next apportionment ; and whenever it shall appear to the satisfaction of said superintendent that any district has had three months' school, but failed to have the full time of school required by law, through no fault or negligence of the district or its officers, he may include such district in his apportionment of the primary school interest fund in his discretion.

(§7.) Sec. 7. The superintendent of public instruction shall perform such other duties as are or shall be required of him by law, and at the expiration of his term of office deliver to his successor all property, books, documents, maps, records, reports, and all other papers belonging to his office, or which may have been received by him for the use of his office.

What notice is the county clerk to receive? Mention the proceedings in case of defective returns. In case of a deficiency can a district receive its apportionment next year? Mention other duties of the superintendent?

Chapter II. Formation, Alteration, Meetings, And Powers Of Districts

(§8.) Section 1. The township board of school inspectors shall divide the township into such number of school districts as may from time to time be necessary, which districts they shall number, and they may regulate and alter the boundaries of the same as circumstances shall render proper, subject to the provisions hereinafter made ; but no district shall contain more than nine sections of land, and each district shall be composed of contiguous territory, and be in as compact a form as may be.

(§9) Sec. 2. Whenever the board of school inspectors of any township shall form a school district therein, it shall be the duty of the clerk of such board to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district; describing its boundaries, and specifying the time and place of the first meeting, which notice, with the fact of such delivery, shall be entered upon record by the clerk. The said notice shall also direct such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his place of residence, of the time and place of said meeting, at least five days before the time appointed therefor ; and it shall be the duty of such inhabitant to notify the qualified voters of said district accordingly, and said inhabitant, when he shall have notified the qualified voters as required in such notice, shall indorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting, to be by him delivered to the director chosen at such meeting, and by said director recorded at length as a part of the records of such district.

What board may form districts? Who may alter the boundaries of districts? How large may a district be? In what form? Who must give notice of the formation of a district and to whom? Is an inhabitant to serve notice of first meeting? To whom is the notice to be returned? By whom recorded?

(§10.) Sec. 3. In case the inhabitants of any district shall fail to organize the same in pursuance of such notice as aforesaid, the said clerk shall give a new notice in the manner hereinbefore provided, and the same proceedings shall be had thereon as if no previous notice had been delivered.

(§11.) Sec. 4. Whenever it shall be necessary or convenient to form a district from two or more adjoining townships, the inspectors, or a majority of them, of each of such adjoining townships, may form such district, to be designated as a fractional district, and direct which township clerk shall make and deliver the notice of the formation of the same to a taxable inhabitant thereof, and may regulate and alter such district as circumstances may render necessary in the same manner that other districts are altered. The annual reports of the director of such district shall be made to the inspectors of the township in which the school-house may be situated, and the inspectors of such township shall number said district.

(§12.) Sec 5. Every such school district shall be deemed duly organized when any two of the officers elected at the first meeting shall have filed their acceptances in writing with the director, and the same shall have been recorded in the minutes of such first meeting. Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of two years ; and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law.

(§13.) Sec 6. The record of the first meeting made by the director shall be prima facie evidence of the facts therein set forth, and of the legality of all proceedings in the organization of the district prior to the first district meeting ; but

In case of failure to organize, give proceedings? How are fractional districts formed? To whom is a director of a fractional district to report? When is a district deemed organized? What is the presumption of legal organization? What evidence is thedirector's record of the first meeting?

nothing in this section contained shall be so construed as to impair the effect of the record kept by the school inspectors, as evidence.

CORPORATE POWERS OF DISTRICTS.

(§14.) Sec 7. Every school district organized in pursuance of this chapter, or which has been organized and continued under any previous law of the State or territory ot Michigan, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of " School District Number (such number as shall be designated in the formation thereof by the

inspectors), of " (the name of the township or townships

in which the district is situated), and in that name shall be capable of suing and being sued, of contracting and being contracted with, and . of holding such real and personal estate as is authorized to be purchased by the provisions of 'aw, and of selling the same.

ALTERATION OF DISTRICTS.

(§15.) Sec. 8. Whenever the board of school inspectors shall contemplate an alteration of the boundaries of a district, the township clerk (and for meetings of boards to act in relation to fractional districts, clerks of the several townships interested) shall give at least ten days' notice of the time and place of the meeting of the inspectors, and the alterations proposed, by posting such notice in three public places in the township or townships, one of which notices shall be in each of the districts that may be affected by such alteration. Whenever the board of school inspectors of more than one township meet, they shall elect one of their number chairmau, and another clerk thereof.

(§16.) Sec. 9. The inspectors may, in their discretion, detach the property of any person or persons from one district and attach it to another ; except that no land which has

Is a school district a body corporate? How is it designated? Mention the powers of a school district? How may the boundaries of a district be altered? Give the time and place of notice. Have inspectors powers to alter districts?

been taxed for building a school-house shall be set off into another school district for the period of three years thereafter, except by consent of the owner thereof ; and no district shall be divided into two or more districts without the consent of a majority of the resident tax-payers of said district, and no two or more districts be consolidated without the consent of a majority of the resident tax-payers of each district.

(217.) Sec. 10. The inspectors may attach to a school district any person residing in a township, and not in any organized district, at his request ; and for all district purposes except raising a tax for building a school-house, such person shall be considered as residing in such district; but when set off to a new district, no sum shall be raised for such person as his proportion to the district property.

(§18.) Sec. 11. In all cases where an alteration of the boundaries of a school section shall be made, the township clerk shall, within ten days, deliver to the director of each district affected by the alteration a notice in writing, setting forth the action of the inspectors and denning the alterations that have been made.

DIVISION OF PROPERTY.

(§19.) Sec 12. When a new district is formed in whole or in part, from one or more districts possessed of a schoolhouse, or entitled to other property, the inspectors at the time of forming such new district, or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new district from any district out of which it may have been in whole or in part formed, as to the proportion of such new district, of the value of the school-house and other property beloning to the former district, at the time of such division ; and whenever by the division of any district, the school-house or site thereof shall no longer be conveniently

Must the consent of the tax- payers be obtained? In certain cases may persons out of districts be attached thereto? To whom is the township clerk to give notice of the alterations in districts? When a district is divided, how is the property to be" portioned?

located for school purposes, and shall not be desired for use by the new district in which it may be situated, the school inspectors of 1he township in which such school-house and site shall be located, may advertise and sell the same, and apportion the proceeds of such sale, and also any moneys belonging to the district thus divided, among the several districts erected in whole or in part from the divided district.

(§20.) Sec. 13. Such proportion shall be ascertained and determined according to the value of the taxable property of the respective parts of such former district at the time of the division, by the best evidence in the power of the inspectors ; and such amount of any debt due from the former district, which would have been a charge upon the new, had it remained in the former district, shall be deducted from such proportion : Provided, That no real estate thus set off, and which shall not have been taxed for the purchase or building of such school house, shall be entitled to any portion thereof, nor be taken into account in such division of district property.

DISTRICT MEETINGS.

(§21.) Sec 14. The annual meeting of each shool district shall be held on the first Monday of September in each year, and the school year shall commence on that day: Provided, That any school district that shall so determine at an annual meeting, or at a special meeting duly called for that purpose, may hold its annual meeting on the second Monday of July in each year, or in the same manner may thereafter change the time of its annual meeting to the first Monday in September in each year, and the trustees and officers of the district shall date their terms of office from the date so chosen and until their successors are elected and qualified: Provided further, That such action in either case shall not change the time of the commencement of the school year or the taking of .the annual school census.

When and how may a school-house or site be sold? How shall the proceeds of the sale be apportioned? When may school districts hold their annual meeting? How may the date of the annual meeting be changed?

(§22.) Sec. 15. Special meetings may be called by the district board ; and it shall be the duty of said board, or any one of them, to call such meetings on the written request of not less than five legal voters of the district, by giving the notice required in the next succeeding section ; but no special meeting shall be called unless the business to be transacted may lawfully come before such meeting, and no business shall be transacted at a special meeting unless the same be stated in the notice of said meeting.

(§23.) Sec 16. All notices of annual or special district meetings, after the first meeting has been held as aforesaid, shall specify the day, and hour and place of meeting, and shall be given at least six days previous to such meeting, by posting up copies thereof in three of the most public places in the district, one copy of which for each meeting shall be posted at the outer door of the district schoolhouse, if there be one; and in case of any special meeting called for the purpose of establishing or changing the site of a schoolhouse, such notice shall be given at least ten days previous thereto : Provided, That when any of the district board shall receive a request to call a special meeting, as provided in the preceding section, he shall forthwith give notice, as above provided, of said meeting, which shall be called in not less than six nor more than twelve days from the time the said officer shall receive the notice aforesaid. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was willful and fraudulent.

(§24.) Sec. 17. Every person of the age of twenty-one years, who has property liable to assessment for school taxes in any school district, and who has resided therein three months next preceding any school meeting held in said district, or who has resided three months next preceding such meeting on any territory belonging to such district at the time of holding said meeting, shall be a qualified voter in said

How may special meetings be called? Must the business of a special meeting be stated in the notice? Give form and place of notice. Is it the duty of a district officer to give such notice? Would the annual meeting be illegal for want of notice? Who are qualified voters at district meetings?

meeting upon all questions, and all other persons who are twenty-one years of age, and are the parents or legal guardians of any children included in the school census of the district, and who have for three months as aforesaid, been residents of said district or upon any territory belonging thereto at the time of holding any school meetings shall be entitled to vote on all questions arising in said district which do not directly involve the raising of money by tax.