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otherwise supported by government, at nite result; the normal schools mean

an early or late day, as paupers and criminals.

The Secretary of the Massachusetts Board for 1870, said: “Our system of compulsory attendance was very carefully and gradually introduced or it would have failed, as the attempt to introduce it will be likely to fail in other States without similar caution, and especially in respect to popular prejudice. It now works wishout opposition or complaint, with the happiest results, whenever there are proper agents to devise wise methods and to execute the provisions of the law." The question, therefore, is made a demand for wisdom on the part of State and local authorities in carrying a compulsory law into effect. And back of this recognition, it seems unnecessary to go, since 3,000,000 children are not educated with present appliances and since property holders are taxed to educate the whole school-going population as well as to educate a fraction thereof; hence it is a right of the childless tax payer to demand the attendance of the children at the school which his revenue supports, in order to carry into effect the boasted theory of education, that schools indirectly protect the property thus taxed.

It is in no way intended to intimate that local or State school authorities have

time, possessing sufficient relays of students coming from thorougly organized high schools to do normal work, which shall again reciprocally aid the primary schools.

Every thoughtful man has talked of these matters from year to year, until now it seems opportune to put the thought in form and to ask for just the system in the State, which many cities already possess, and which, in the language of NEWTON BATEMAN, in speaking of the county Superintendency, has "almost revolutionized some countries in respect to schools and education." That system puts at its head a competent Board of Education which looks after all the schools of every kind. This Board should be sufficiently large to insure wisdom, and yet so limited in number as to act efficiently upon the decision made by that wisdom, and whose duty it shall be to supervise the whole educational work of the State, and to direct local authori ties on general principles only. Let us have the State Board of Education and then the compulsory law of attendance.

TEACHERS.-As a last suggestion to your meeting, but not least in importance, let me urge care in the selection of your teacher. If you engage a teacher not done the best their wisdom could defor the year, as it is most desirable that vise for education; but it is thought that you should, it is a matter of the highest the same wisdom should now come to importance to you that he should possess the rescue, and either supplement the the best qualifications that your money system or remodel it, in the light which can command. Make use of every means we have, endeavoring to improve the in your reach to ascertain how indusschools as they are, and gradually but trious, how energetic, how exemplary in firmly to unite the common schools, the morals-in a word how successful a normal schools and the university, into teacher he is. Careful deliberation and one system, having for its object the ed inquiry, and not hasty action, should be ucation of every child in the land, to the the rule to guide you in the employment full measure of his capacity and inclina- of a teacher. There are many persons tion,-indicated by a course of study, who teach more or less but who lack which shall be wrought in part, but surely most of the essentials of a good teacher. by the public school, and thence prose-employment that their first duty is to seThey have not been taught by refusal of cuted, not by accident, but surely by the cure the requisite qualifications of a university, and carried forward to a defi. teacher.-J. H. Terry. 2-Vol. IV, No 2.

OFFICIAL DEPARTMENT.

OFFICIAL OPINIONS.

Prepared by the Assistant Superintendent.

SCHOOL DISTRICTS.

Q. Does the alteration of a district take any effect, until the notice of the same required by section 11 is filed?

A. The requirement to file the notice is only directory, and for information, and not something necessary to give validity to the previous act, but it should nevertheless be done promptly, as required by law.

Q. If the alteration (taking effect im mediately) transfers the district clerk to another district, should the notice be filed with him?

A. No, with his successor, as soon as appointed; the old clerk ceases to be clerk as soon as the transfer is made.

Q. Can the town board alter a school

maintained in the district, then the meeting must be held at that time. There are some good reasons why all annual school meetings should be held then, but the law has not yet so provided.

DISTRICT BOARD AND OFFICERS.

Q. Can the clerk and director legally hire the director's wife to teach the school a meeting of the board having been called?

A. This must be considered inadmisof the board is ever hired, it should be sible. If a near relative of any member by the other two members and only when it will give general satisfaction in the district. Real or seeming favoritism in hiring teachers is a prolific source of discontent and ill feeling. A man cannot make a contract of this nature, with his own wife.

Q. If a treasurer's bond is approved

district which was created by act of leg. by the director and left with him for the

islature?

A. Yes, unless some other way of altering it or some restriction upon its alteration is embodied in the act.

ANNUAL MEETING.

Q. How soon must the vote to change the annual meeting from September to August be filed with the town clerk?

A. It should be filed without delay lest it be forgotten; but if filed any time before the six days notice of the annual meeting which are to be given, it will answer the purpose.

Q. If a year passes away without the filing and the district meets as usual in September, can it then be done?

A. It may still be done, but in this case great care should be taken to give notice of the fact, and of the change effected thereby, in the time for holding the annual meeting.

Q. Is it legal for a district to hold its annual meeting the second Monday in July? Some do, I notice, and it is more convenient.

A. It is not legal, unless a graded school of two or more departments, is

clerk to approve, will his approval be sufficient if not given until after the ten days expire?

A. The law is not complied with unless the bond is actually filed with the clerk within ten days, with the approval of both director and clerk. Any failure in this creates a vacancy, to be filled by appointment.

HIRING THE TEACHER.

Q. The district voted to have a male teacher, but the board, from motives of economy, hired a female teacher. Is the district responsible for her wages, or the board?

A. The board is responsible, as it had no legal power to hire a female teacher; but it may be equitable for the district to recognize the action of the board if they have had a good school, and the children have attended as usual.

Q. Our school was taught the first month on a contract, signed by two members of the board, but without any previous meeting of the board. Is it legal to pay for the month, the district having voted in favor of it?

A. The vote of the district does not

legalize the contract, but if the other to school, without being admitted by the member of the board assented afterwards, board, can the board turn them out? it will be proper to pay for the month's teaching. Such irregularities however should be carefully avoided.

A. It is not best to put them out by force, but if they disturb the school, after being told they cannot be recognized as

RIGHTS OF TEACHERS, PARENTS AND pupils, the remedy is pointed out in Section 140 of the School Code.

CHILDREN.

Q. If a school board closes the school for a week or two, on account of sickness, must the teacher lose his time?

A. Not unless he consents to.

Q. Has a teacher a right to punish a scholar, if forbidden by its parents?

A. The prohibition of the parent has no legal effect. No individual parent can dictate as to the discipline of the school. Of course a reasonable request or sugges. tion should be respectfully considered.

Q. Will you tell me what section of the school law gives a teacher a right to punish?

A. The school law does not create the right-it grows out of the teacher's office, which is in part, to govern the school, and by common law, such reasonable punishment may be inflicted as is necessary to this end. But it is not to be forgotten that punishment should be the last resort, and that it may often be sufficient to punish, without using the rod, by restraint, by deprivation of privileges, etc. Q. Has the parent, or teacher, a right to dictate what studies the child shall pur

sue?

A. Strictly speaking neither. The board has the power to prescribe the course of study and the pupil must conform to it, according to announcement. If the board leaves it all to the teacher, he is the judge rather than the parent, as to the studies and classification of the pupil, but should listen respectfully to the parent's suggestions. It is to be remembered that a public school is not a private school, and parents who send to it have individually no legal right to dictate to the board or teacher.

Q. Our teacher has no government; the scholars whistle, sing, and in short do as they please. Some of them have left, and the teacher is willing to quit, but her father won't let her. What shall we do?

Q. Pay off the teacher and discharge her, if she is unable to keep the school. Her father can recover nothing in such

a case.

Q. Can foreign scholars, admitted at the beginning of the term, and paying tuition in advance be excluded before the term closes, because the district voted at a special meeting, to rescind the privi lege of admission?

A. The board is bound by the vote of the district in this matter. The admission of the pupil at the beginning of the term, and the payment of tuition does not create an absolute right to remain till the end of the term, if the district votes as mentioned. The number of children belonging to the district may be found so large as to require that others be excluded. If this is done, the balance of tuition should of course be paid back. (See Section 19, sub-section 11.)

Q. A young lady, over 20, belonging in the district, wished to attend school, but the board exclude her; can they do so legally?

A. If authorized by the district, they can at their discretion admit such pupils, but are not obliged to. They are to consider first the "accommodation and instruction" of the pupils of school age, and should admit none others if that will be interfered with by so doing. (See previous question and answer.)

Q. In case of a deaf and dumb child, Q. If young men who have no legal which cannot be instructed in the public residence in the district persist in coming | schools, what course can be taken?

OFFICIAL DEPARTMENT.

OFFICIAL OPINIONS.

Prepared by the Assistant Superintendent.

SCHOOL DISTRICTS.

Q. Does the alteration of a district take any effect, until the notice of the same required by section 11 is filed?

A. The requirement to file the notice is only directory, and for information, and not something necessary to give validity to the previous act, but it should nevertheless be done promptly, as required by law.

QIf the alteration (taking effect im mediately) transfers the district clerk to

another district, should the notice be filed with him?

A. No, with his successor, as soon as appointed; the old clerk ceases to be clerk as soon as the transfer is made.

Q. Can the town board alter a school district which was created by act of leg

islature?

A. Yes, unless some other way of altering it or some restriction upon its alteration is embodied in the act.

ANNUAL MEETING.

Q. How soon must the vote to change the annual meeting from September to August be filed with the town clerk?

A. It should be filed without delay lest it be forgotten; but if filed any time before the six days notice of the annual meeting which are to be given, it will answer the purpose.

Q. If a year passes away without the filing and the district meets as usual in September, can it then be done?

A It may still be done, but in this case great care should be taken to give notice of the fact, and of the change ef fected thereby, in the time for holding the annual meeting.

Q. Is it legal for a district to hold its annual meeting the second Monday in July? Some do, I notice, and it is more convenient.

maintained in the district, then the meeting must be held at that time. There are some good reasons why all annual school meetings should be held then, but the law has not yet so provided.

DISTRICT BOARD AND OFFICERS.

Q. Can the clerk and director legally hire the director's wife to teach the school a meeting of the board having been called?

A. This must be considered inadmissible. of the board is ever hired, it should be If a near relative of any member by the other two members and only when district. Real or seeming favoritism in it will give general satisfaction in the hiring teachers is a prolific source of discontent and ill feeling. A man cannot make a contract of this nature, with his I own wife.

A. It is not legal, unless a graded, school of two or more departments, is

Q. If a treasurer's bond is approved clerk to approve, will his approval be by the director and left with him for the sufficient if not given until after the ten days expire?

A. The law is not complied with unless the bond is actually filed with the clerk within ten days, with the approval of both director and clerk. Any failure in this creates a vacancy, to be filled by appointment.

HIRING THE TEACHER.

Q. The district voted to have a male teacher, but the board, from motives of economy, hired a female teacher. Is the district responsible for her wages, or the board?

A. The board is responsible, as it had no legal power to hire a female teacher; but it may be equitable for the district to recognize the action of the board if they have had a good school, and the children have attended as usual.

Q. Our school was taught the first month on a contract, signed by two members of the board, but without any previous meeting of the board. Is it legal to pay for the month, the district having voted in favor of it?

A. The vote of the district does not

legalize the contract, but if the other to school, without being admitted by the member of the board assented afterwards, board, can the board turn them out? it will be proper to pay for the month's teaching. Such irregularities however should be carefully avoided.

A. It is not best to put them out by force, but if they disturb the school, after being told they cannot be recognized as

RIGHTS OF TEACHERS, PARENTS AND pupils, the remedy is pointed out in Sec

CHILDREN.

Q. If a school board closes the school for a week or two, on account of sickness, must the teacher lose his time?

A. Not unless he consents to.

Q. Has a teacher a right to punish a scholar, if forbidden by its parents?

A. The prohibition of the parent has no legal effect. No individual parent can dictate as to the discipline of the school. Of course a reasonable request or sugges tion should be respectfully considered.

Q. Will you tell me what section of the school law gives a teacher a right to punish?

tion 140 of the School Code.

Q. Our teacher has no government; the scholars whistle, sing, and in short do as they please. Some of them have left, and the teacher is willing to quit, but her father won't let her. What shall we do?

Q. Pay off the teacher and discharge her, if she is unable to keep the school. Her father can recover nothing in such

a case.

Q. Can foreign scholars, admitted at the beginning of the term, and paying tuition in advance be excluded before the term closes, because the district voted at a special meeting, to rescind the privi lege of admission?

A. The school law does not create the right-it grows out of the teacher's office, A. The board is bound by the vote of which is in part, to govern the school, the district in this matter. The admisand by common law, such reasonable pun- sion of the pupil at the beginning of the ishment may be inflicted as is necessary term, and the payment of tuition does not to this end. But it is not to be forgotten create an absolute right to remain till the that punishment should be the last re- end of the term, if the district votes as sort, and that it may often be sufficient mentioned. The number of children beto punish, without using the rod, by re-longing to the district may be found so straint, by deprivation of privileges, etc. large as to require that others be excludQ. Has the parent, or teacher, a right to ed. If this is done, the balance of tuition dictate what studies the child shall pur- should of course be paid back. (See Section 19, sub-section 11.)

sue?

A. Strictly speaking neither. The board has the power to prescribe the course of study and the pupil must conform to it, according to announcement. If the board leaves it all to the teacher, he is the judge rather than the parent, as to the studies and classification of the pupil, but should listen respectfully to the parent's suggestions. It is to be remembered that a public school is not a private school, and parents who send to it have individually no legal right to dictate to the board or teacher.

Q. If young men who have no legal residence in the district persist in coming

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