Duration of Towns of 4000 11 Cush. 178. High school dis towns, how established. before mentioned, shall give instruction in general history, bookkeeping, surveying, geometry, natural philosophy, chemistry, botany, the civil polity of this commonwealth and of the United States, and the Latin language. Such last mentioned school shall be kept for the benefit of all the inhabitants of the town, ten months at least, exclusive of vacations, in each year, and at such convenient place, or alternately at such places, in the town, as the legal voters at their annual meeting determine. And in every town containing four thousand inhabitants, the teacher or teachers of the schools required by this section, shall, in addition to the branches of instruction before required, be competent to give instruction in the Greek and French languages, astronomy, geology, rhetoric, logic, intellectual and moral science, and political economy. SECT. 3. Two adjacent towns, having each less than five hundred tricts in adjacent families or householders, may form one high school district, for establishing such a school as is contemplated in the preceding section, when a majority of the legal voters of each town, in meetings called for that purpose, so determine. 1848, 279, § 1. 103 Mass. 99. Committee, how 1848, 279, § 2. to determine location of school-house. 1848, 279, § 3. Expenses apportioned. 1848, 279, § 4. Schools may be maintained for those over 15 years of age; 1857, 189, § 1. See 1869, 305. under superin mittee. 1857, 189, § 2. Female assist SECT. 4. The school committees of the two towns so united shall elect one person from each of their respective boards, and the two so elected shall form the committee for the management and control of such school, with all the powers conferred upon school committees and prudential committees. SECT. 5. The committee thus formed shall determine the location of the school-house authorized to be built by the towns forming the district, or if the towns do not determine to erect a house, shall authorize the location of such school alternately in the two towns. SECT. 6. In the erection of a school-house for the permanent location of such school, in the support and maintenance of the school, and in all incidental expenses attending the same, the proportions to be paid by each town, unless otherwise agreed upon, shall be according to its proportion of the county tax. SECT. 7. Any town may establish and maintain, in addition to the schools required by law to be maintained therein, schools for the education of persons over fifteen years of age; may determine the term or terms of time in each year, and the hours of the day or evening during which said school shall be kept; and appropriate such sums of money as may be necessary for the support thereof. SECT. 8. When a school is so established, the school committee shall tendence of com- have the same superintendence over it as they have over other schools; and shall determine what branches of learning may be taught therein. SECT. 9. In every public school, having an average of fifty scholars, the school district or town to which such school belongs shall employ one or more female assistants, unless such district or town, at a meeting called for the purpose, votes to dispense with such assistant. ants. 1839, 56, § 1. Duty of instruc &c. Constitution, SECT. 10. It shall be the duty of the president, professors and tutors tors in colleges, of the university at Cambridge and of the several colleges, of all preceptors and teachers of academies, and of all other instructors of youth, to exert their best endeavors to impress on the minds of children and youth committed to their care and instruction, the principles of piety and justice, and a sacred regard to truth; love of their country, humanity, and universal benevolence; sobriety, industry, and frugality; chastity, moderation, and temperance; and those other virtues which are the ornament of human society and the basis upon which a republican constitution is founded; and it shall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above mentioned virtues, to preserve and perfect a republican constitution and secure the blessings of liberty, as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices. SECT. 11. It shall be the duty of the resident ministers of the gospel, Duty of ministers the selectmen, and the school committees, to exert their influence and Rs. 23, § 8. use their best endeavors that the youth of their towns shall regularly 101 Mass. 143. attend the schools established for their instruction. and town officers. money for schools. SECT. 12. The several towns shall, at their annual meetings, or at a Towns to raise regular meeting called for the purpose, raise such sums of money for the support of schools as they judge necessary; which sums shall be assessed and collected in like manner as other town taxes. corporations not SECT. 13. Nothing contained in this chapter shall affect the right of School funds of any corporation established in a town, to manage any estate or funds affected, &c. given or obtained for the purpose of supporting schools therein, or in R. S. 23, § 59. any wise affect such estate or funds. Forfeiture for neglect to raise of, appropriated tee, how chosen, SECT. 14. A town which refuses or neglects to raise money for the support of schools as required by this chapter, shall forfeit a sum equal to twice the highest sum ever before voted for the support of schools therein. A town which refuses or neglects to choose a school committee to superintend said schools, or to choose prudential committees in the several districts, when it is the duty of the town to choose such prudential committee, shall forfeit a sum not less than five hundred nor more than one thousand dollars, to be paid into the treasury of the county. SECT. 15. Three-fourths of any forfeiture paid into the treasury of three fourths the county under the preceding section, shall be paid by the treasurer to schools. to the school committee, if any, otherwise to the selectmen of the town R. S. 23, § 61. from which it is recovered, who shall apportion and appropriate the same to the support of the schools of such town, in the same manner as if it had been regularly raised by the town for that purpose. SECT. 16. Every town shall, at the annual meeting, choose, by writ- School committen ballots, a board of school committee, which shall have the general &c. charge and superintendence of all the public schools in town. Said R. 23,$10 board shall consist of any number of persons divisible by three, which 1859, 264. said town has decided to elect, one-third thereof to be elected annually, 5 Cush. 207. and continue in office three years. If a town fails or neglects to choose 19 Allen, 149. such committee, an election at a subsequent meeting shall be valid. 101 Mass 143 SECT. 17. If any person elected a member of the school committee, after being duly notified of his election in the manner in which town filled. officers are required to be notified, refuses or neglects to accept said 1857, 266, §§ 1, 2. office, or if any member of the board declines further service, or, from change of residence or otherwise, becomes unable to attend to the duties of the board, the remaining members shall, in writing, give notice of the fact to the selectmen of the town, or to the mayor and aldermen of the city, and the two boards shall thereupon, after giving public notice of at least one week, proceed to fill such vacancy; and a majority of the ballots of persons entitled to vote shall be necessary to an election. com SECT. 18. If all the persons elected as members of the school mittee, after such notice of their election, refuse or neglect to accept the office, or having accepted, afterwards decline further service, or become unable to attend to the duties of the board, the selectmen or the mayor and aldermen shall, after giving like public notice, proceed by ballot to elect a new board, and the votes of a majority of the entire board of selectmen, or of the mayor and aldermen, shall be necessary to an 1857, 270, $$ 1,2 23 Pick. 225. 12 Allen, 127. 105 Mass. 475. Women 1874.37. When whole com- new committee 1857, 266, § 3. election. SECT. 20. All the members of the school committee shall continue On election of new board, cer to continue. in office for the purpose of superintending the winter terms of the tain duties of old several schools, and of making and transmitting the certificate, returns, and report of the committee, notwithstanding the election of any successor at the annual meeting; but for all other duties, the term of office shall commence immediately after election. 1846, 223, § 1. 1857, 266, $3. 1857, 270, § 3. See 1865, 134. Committee, how increased or diminished; 1857, 270, § 4. records of; secretary; 1838, 105, § 3. to contract with teachers, unless, &c. R. S. 23, § 13. 1838, 105, § 2. 1859, 60. 9 Allen, 94. 98 Mass. 587. Teachers to receive and file certificate; paid; R. S. 23, § 14. 1850, 115. 1855, 126. SECT. 21. Any town may, at the annual meeting, vote to increase or diminish the number of its school committee. Such increase shall be made by adding one or more to each class, to hold office according to the tenure of the class to which they are severally chosen. Such diminu tion shall be made by choosing, annually, such number as will in three years effect it, and a vote to diminish shall remain in force until the diminution under it is accomplished. SECT. 22. The school committee shall appoint a secretary and keep a permanent record book, in which all its votes, orders and proceedings shall by him be recorded. SECT. 23. The school committee, unless the town at its annual meeting determines that the duty may be performed by the prudential committee, shall select and contract with the teachers of the public schools; shall require full and satisfactory evidence of the good moral character of all instructors who may be employed; and shall ascertain, by personal examination, their qualifications for teaching and capacity for the government of schools. SECT. 24. Every instructor of a town or district school shall, before he opens such school, obtain from the school committee a certificate in when and how duplicate of his qualifications, one of which shall be deposited with the selectmen before any payment is made to such instructor on account of his services; and upon so filing such certificate, the teacher of any public school shall be entitled to receive, on demand, his wages due at the expiration of any quarter, or term longer or shorter than a quarter, or upon the close of any single term of service, subject to the condition specified in section thirteen of chapter forty. may be dismissed, &c. 1844, 32. 9 Allen, 94. Examinations and visits by com mittee. R. S. 23, §§ 15, 16. 1873 22 1976≤186 Bible to be read in schools. excluded. SECT. 25. The school committee may dismiss from employment any teacher whenever they think proper, and such teacher shall receive no compensation for services rendered after such dismissal. SECT. 26. The school committee, or some one or more of them, for the purpose of making a careful examination of the schools, and of ascertaining that the scholars are properly supplied with books, shall visit all the public schools in the town on some day during the first or $2.second week after the opening of such schools respectively, and also on some day during the two weeks preceding the closing of the same; and shall also for the same purposes visit, without giving previous notice thereof to the instructors, all the public schools in the town once a month, and they shall, at such examinations, inquire into the regulation and discipline of the schools, and the habits and proficiency of the scholars therein. SECT. 27. (R.) [The school committee shall require the daily readSectarian books ing of some portion of the Bible in the common English version; but shall never direct any school books calculated to favor the tenets of any particular sect of christians to be purchased or used in any of the town schools.] R.S 23, § 23. (R.) Repeal and how made, &c. 1859. 93. §§ 2, 3. See 1863, 126. 1867, 155. 187509253 Repentert 1876c. SECT. 28. The school committee shall direct what books shall be used in the public schools, and no change shall be made in said books except by the unanimous consent of the whole board, unless the committee consists of more than nine, and questions relating to school books are intrusted to a sub-committee. In that case, the consent of two-thirds of the whole number of said sub-committee, with the ecncurrent vote of three-fourths of the whole board, shall be requisite for such change. If any change is made, each pupil then belonging to the public schools, and requiring the substituted book, shall be fur 475 nished with the same, by the school committee, at the expense of said town. SECT. 29. procure text The school committee shall procure, at the expense of the Committee to city or town, a sufficient supply of text-books for the public schools, books, apparatus and give notice of the place where they may be obtained. Said books &c.; R. S. 23, § 19. shall be furnished to the pupils at such prices as merely to reimburse 1859, 93, 1. the expense of the same. The school committee may also procure, at 13 Pick. 229. the expense of the city or town, such apparatus, books of reference, and other means of illustration as they deem necessary for the schools under their supervision, in accordance with appropriations therefor previously made. SECT. 30. If any scholar is not furnished by his parent, master, or guardian, with the requisite books, he shall be supplied therewith by the school committee at the expense of the town. SECT. 31. The school committee shall give notice in writing to the assessors of the town of the names of the scholars supplied with books under the provisions of the preceding section, of the books so furnished, the prices thereof, and the names of the parents, masters, or guardians, who ought to have supplied the same. The assessors shall add the price of the books to the next annual tax of such parents, masters, or guardians; and the amount so added shall be levied, collected, and paid into the town treasury, in the same manner as the town taxes. 1873 c. 106 for certain scholars at ex pense of town. R. S. 23, § 20. Expense of books taxed to parents, so supplied to be &c. R. S. 23, § 21. to pay, tax may SECT. 32. If the assessors are of opinion that any parent, master, or If parents unable guardian, is unable to pay the whole expense of the books so supplied be omitted on his account, they shall omit to add the price of such books, or shall R. S. 23, § 22. add only a part thereof, to his annual tax, according to their opinion of his ability to pay. a Duty of comschool is for beneof whole town. R. S. 23, § 11. mittee where SECT. 33. In any town containing five hundred families in which school is kept for the benefit of all the inhabitants as before provided, the school committee shall perform the like duties in relation to such school, the house where it is kept, and the supply of all things necessary therefor, as the prudential committee may perform in a school district. SECT. 34. The members of the school committee shall be paid in Compensation of cities one dollar, and in towns one dollar and a half, each, a day, for 1933, 105, § 4. the time they are actually employed in discharging the duties of their 1859, 103. office, together with such additional compensation as the town or city 1873 c. 157 may allow. committee. of schools, ap 1854, 314. SECT. 35. Any town annually by legal vote, and any city by an Superintendent ordinance of the city council, may require the school committee annu- pointment, dually to appoint a superintendent of public schools, who, under the directies, &c. tion and control of said committee, shall have the care and supervision 1856, 232, §§ 1,2 of the schools, with such salary as the city government or town may See 1860, 101. determine; and in every city in which such ordinance is in force, and in every town in which such superintendent is appointed, the school committee shall receive no compensation, unless otherwise provided by such city government or town. SCHOOL-HOUSES. 1870, 117, 188 &c. dis SECT. 36. Every town not divided into school districts shall provide Town, to mainand maintain a sufficient number of school-houses, properly furnished tain schooland conveniently located, for the accommodation of all the children housy, 32. therein entitled to attend the public schools; and the school committee, 1850, 286, § 2. unless the town otherwise direct, shall keep them in good order, pro- See 1871, 145. 1859, 252, §§ 4,5. curing a suitable place for the schools, where there is no school-house, and providing fuel and all other things necessary for the comfort of the scholars therein, at the expense of the town. SECT. 37. Any town, at a meeting legally called for the purpose, may Location of determine the location of its school-houses, and adopt all necessary school-houses. 109 m. 206R.S. 23, §§ 28,32. measures to purchase or procure the land for the accommodation 1859, 252, § 4. Land may be 17.384, taken for school 393 house lots, &c. See 1869, 26. 1. 102 Mass. 512. thereof. SECT. 38. When land has been designated by a town, school district, or those acting under its authority, or determined upon by the selectmen as a suitable place for the erection of a school-house and necessary buildings, or for enlarging a school-house lot, if the owner refuses to sell the same, or demands therefor a price deemed by the selectmen unreasonable, they may, with the approbation of the town, proceed to select, at their discretion, and lay out, a school-house lot, or an enlargement R. 1874,342 thereof, and to appraise the damages to the owner of such land in the manner provided for laying out highways and appraising damages sustained thereby; and upon payment, or tender of payment, of the amount of such damages, to the owner, by the town, the land shall be taken, held, and used, for the purpose aforesaid. But no lot so taken or enlarged shall exceed, in the whole, eighty square rods, exclusive of the land occupied by the school buildings. Owner of land, Proceedings. Damages and costs. 1848, 237. 2 Gray, 414. SECT. 39. When the owner feels aggrieved by the laying out or enmay have jury. largement of such lot, or by the award of damages, he may, upon application therefor in writing to the county commissioners within one year thereafter, have the matter of his complaint tried by a jury, and the jury may change the location of such lot or enlargement, and assess damages therefor. The proceeding shall in all respects be conducted 109m 225 in the manner provided in cases of damages by laying out highways. If the damages are increased, or the location changed, by the jury, the damages and all charges shall be paid by the town; otherwise the charges arising on such application shall be paid by such applicant. The land so taken shall be held and used for no other purpose than that contemplated by this chapter, and shall revert to the owner, his heirs or assigns, upon the discontinuance there, for one year, of such school as is required by law to be kept by the town. Committee of tricted, to have SECT. 40. The school committee of a town in which the school district system has been abolished, or does not exist, shall have the general charge of school charge and superintendence of the school-houses in said town, so far as relates to the use to which the same may be appropriated. houses. Provisions of to cities, except, &c. SECT. 41. Except as may be otherwise provided in their respective chapter to apply charters, or acts in amendment thereof, the provisions of this chapter, so far as applicable, shall apply to cities. And the mayor and aldermen in the several cities are authorized to execute the powers given in section thirty-eight of this chapter to the selectmen and town. |