The Public School Code of the Hamtramck School District Part II Means of Procedure The Means of Procedure presented in the following chapters have been developed in conformity with the policies of the Board of Education in Part I, and have been regularly adopted by the Board of Education and shall be considered the official Means of Procedure until modified by the Board of Education, in the manner provided in this Code. CHAPTER I The Legal Basis for Public Education THE HE provisions for public education in Hamtramck found in the constitution and in the enactment of law by the legislature are reproduced in this chapter for easy reference. The presentation consists of two parts: (a) the provisions in the state constitution and (b) the specific laws under which the district of Hamtramck operates. The laws are arranged in accordance with the major activities developed in this code in order that specific reference to activities can be easily made. A. MICHIGAN CONSTITUTIONAL PROVISIONS ARTICLE X Finance and Taxation (1) Section 1. Primary School Interest Fund All subjects of taxation now contributing to the primary school interest fund under present laws shall continue to contribute to that fund, and all taxes from such subjects shall be first applied in paying the interest upon the primary school, university and other educational funds in the order herein named, after which the surplus of such moneys shall be added to and become a part of the school interest fund. (2) Section 2. Tax for State Expenses The legislature shall provide by law for an annual tax sufficient with other resources to pay the estimated expenses of the state government, the interest on any state debt and such deficiency as may occur in the resources. ARTICLE XI Education (3) Section 1. Encouragement of Education Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. (4) Section 2. Superintendent of Public Instruction A superintendent of public instruction shall be elected at the regular election to be held on the first Monday in April, nineteen hundred nine, and every second year thereafter. He shall hold office for a period of two years from the first day of July following his election and until his successor is elected and qualified. He shall have general supervision of public instruction in the state. He shall be a member and secretary of the state board of education. He shall be ex officio a member of all other boards having control of public instruction in any state institution, with the right to speak but not to vote. His duties and compensation shall be prescribed by law. (11) Section 9. Primary School System The Legislature shall continue a system of primary schools, whereby every school district in the state shall provide for the education of its pupils without charge for tuition and all instruction in such schools shall be conducted in the English language. If any school district shall neglect to maintain a school within its borders as prescribed by law for at least five months in each year or to provide for the education of its pupils in another district or districts for an equal period, it shall be deprived for the ensuing year of its proportion of the primary school interest fund. If any school district shall, on the second Monday in July of any year, have on hand a sufficient amount of money in the primary school interest fund to pay its teachers for the next ensuing two years as determined from the pay roll of said district for the last school year, and in case a of primary district, all tuition for next ensuing two years, based upon the then enrollment in the seventh and eighth grades in said school district, the children in said district shall not be counted in making the next apportionment of primary school money by the superintendent of public instruction; nor shall such children be counted in making such apportionment until the amount of money in the primary school interest fund in said district shall be insufficient to pay teachers' wages or tuition as herein set forth for the next ensuing two years. (12) Section 10. Legislature to Maintain Educational Institutions The legislature shall maintain the University, the College of Mines, the State Agricultural College, the State Normal College and such state normal schools and other educational institutions as may be established by law. (13) Section 11. Disposition of Certain Educational Money 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. (14) Section 12. Escheats 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 the primary schools. (16) Section 14. Township and City Libraries Disposition of Fines The legislature shall provide by law for the establishment of at least one library in each township and city; and all fines assessed and collected in the several counties, cities and townships for any breach of the penal laws shall be exclusively applied to the support of such libraries. (17) Section 15. Charitable Institutions Institutions for the benefit of those inhabitants who are deaf, dumb, blind, feeble-minded or insane shall always be fostered and supported. B. STATE STATUTES The school district of Hamtramck is organized and operating as a district of the third class under the Horton Act of 1927, known as The School Code. The portions of the Code that apply to Hamtramck are those included in: Part I, Chapter 6, and Part 2, Chapters 1 to 37, inclusive. I. Board of Education Organization A. Mandatory Laws. 1. Organization. Part 1, Chapter 6. Sec. 6-Method of electing Board. Sec. 9 Sec. 11 Sec. 8-Special elections. Sec. 6-Term of office of Board members. Sec. 13-Organization of Board. Sec. 14-Duties of Treasurer. Sec. 14-Duties of Secretary. Part 1, Chapter 2. Sec. 9-Powers of voters at annual meeting. Part 2, Chapter 4. Sec. 1-Who are voters? Qualifications of school electors. 2. Duties of Board of Education. Part 1, Chapter 6. Sec. 15-To locate, acquire, purchase or lease sites. buildings. -To sell real or personal property of district. |