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An Act to provide for suspending a certificate of any teacher who

violates a contract to teach.

[Act 261, P. A. 1923.]

The People of the State of Michigan enact: (285) SECTION 1. The superintendent of public instruction, Teachers'

certificates, the state board of education, the county board of school exam

suspension, iners, the board of regents of the university of Michigan etc. and any other person or board issuing teachers' certificates, shall have authority to suspend for the reasons and in the manner herein provided, any certificate issued, endorsed or transferred by him or it, to any teacher who refuses without sufficient cause, in the opinion of said board or person, to perform a lawful contract to teach in any school in this state in which such teacher is required to hold a certificate issued by such person or board before entering into a contract to teach. Such suspension shall not be for a longer period of Duration. time than the end of the school year in the district in which such contract was violated. During the time such certificate is suspended, such teacher shall not be qualified to teach in any school in this state in which teachers are required to hold a certificate to teach nor shall any other person or board issue a new license to such person during the period of suspension. (286) SEC. 2. Sec. 2. Such certificate shall be suspended only Complaint

filed. after a written, signed complaint has been filed with the person or board issuing, transferring or endorsing the same, made by the school board or board of education with which such teacher has refused to perform the contract, stating fully the alleged facts constituting such breach. The board with Hearing. which such a complaint is filed, shall, within thirty days thereafter, fix a time and place for hearing thereon. Such place of hearing shall be in the county in which the contract was violated. At least ten days before the date of hearing, a Notice of. notice that such complaint has been filed and stating the time and place of hearing thereon, shall be served either personally or by, registered mail on such teacher. A certified copy of the complaint with the name of the board making the same, shall be served with the notice. The teacher may, on or before the time of hearing, file a written answer to the charges made in such complaint. Any of the parties may be represented at such hearing by an attorney. The person Adjournor board before whom the hearing is to be had, may adjourn ments. the same from time to time on its own motion, or upon the request of any of the parties interested in said cause, for reasons which are deemed satisfactory to such person or board. Notice of such adjournment shall be given to all Notice of. parties interested, at least one day before the date of hearing. The person or board conducting such hearing shall have authority to subpoena witnesses and administer an oath to

Witnesses subpoenaed.

When certificate suspended.

Appeals.

them. Subpoenas shall also be issued for witnesses named by the board making the complaint or by the teacher. The actual expenses of such witnesses shall be paid by the person or board for whom they are subpoenaed. If the charges against the teacher are not sustained and the certificate is not suspended, the expenses of such teacher and of his or her witnesses shall be paid by the board making the complaint. If it appears from the examination and hearing that such teacher has neglected or refused to perform his or her contract to teach without just cause therefor, the certificate shall be suspended as herein provided. If it appears that such contract has not been so violated, the complaint shall be dismissed and the costs ordered paid as hereinbefore mentioned.

(287) Sec. 3. Either of the parties may appeal from the decision of the person or board conducting such hearing, to the circuit court of the county in which the hearing was held, in the following manner: The person or board desiring to take an appeal shall, within five days after a decision has been rendered therein, give notice to the person or board rendering the decision of an appeal to the circuit court and shall also serve a copy thereof either personally or by registered mail on the board making the complaint. Such person or board shall, within ten days thereafter, file the complaint, notice, answer and all other papers filed in the cause, with the clerk of the circuit court of that county. The same fee shall be paid and within the same time as is provided by law for appeals from justice court to the circuit court. After the appeal has been completed and the papers filed in the circuit court, the same proceedings shall be had and taken as on appeal of civil cases from justice court.

(288) SEC. 4. Any person neglecting or refusing to appear as a witness in response to a subpoena issued as herein provided or neglecting or refusing to answer any material question except where he is privileged from answering, shall be subject to the same penalties as provided by general law for compelling the attendance and testimony of witnesses before courts of record, commissioners appointed by such courts to take testimony, or before any notary public or a commissioner before whom any affidavit or deposition is to be taken.

Fee.

Refusal to appear.

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An Act to provide for the supervision of private, denominational and

parochial schools; to provide the manner of securing funds in pay-
ment of the expense of such supervision; to provide the qualifica-
tions of the teachers in such schools; and to provide for the en-
dorsement of the provisions hereof.

[Act 302, P. A. 1921.]

The People of the State of Michigan enact: Private, etc., (289) SECTION 1. The superintendent of public instrucsikionls.super- tion is hereby given supervision of all the private, denomina

schools
defined.

tional and parochial schools of this state in such matters and manner as is hereinafter provided. He shall employ such Assistants, assistants and employes as may be necessary to comply with may employ. the provisions hereof and fix the compensation thereof; the number of assistants and employes and the compensation payable thereto being subject to the approval of the state administrative board. Such salaries and expenses shall be paid by the treasurer of the state of Michigan upon the warrant of the auditor general from the fund as herein designated, at such time and in such manner as other state officers and employes are paid. The superintendent of public instruction shall have Removal. the authority to remove any appointee under this act at any time that he may deem such removal advisable. It is the Intent intent of this act that the sanitary conditions of such schools, of act. the courses of study therein, and the qualifications of the teachers thereof shall be of the same standard as provided by the general school laws of the state.

(290) SEC. 2. A private, denominational or parochial Private, etc., school within the meaning of this act shall be any school other than a public school giving instruction to children below the age of sixteen years, in the first eight grades as provided for the public schools of the state, such school not being under the exclusive supervision and control of the officials having charge of the public schools of the state.

(291) Sec. 3. No person shall teach or give instruction Teachers, in any of the regular or elementary grade studies in any pri. qualifications, vate, denominational or parochial school within this state who does not hold a certificate such as would qualify him or her to teach in like grades of the public schools of the state: Provided, however, That any person who shall have taught Proviso. in any elementary school or schools of the standard specified in this act for a period of ten years or more preceding the passage of this act, shall, upon filing proof of service with the superintendent of public instruction, be entitled to a certificate by said superintendent of public instruction in such form as he shall prescribe, to teach in any of the said schools within the state: Provided further, That teaching in such schools Further shall be equivalent to teaching in the public schools for all proviso. purposes in obtaining a certificate: Provided further, That Further the teachers affected by this act may take any examination as proviso. now provided by law and that the superintendent of public instruction may direct such other examinations at such time and place as he may see fit. In all such examinations two Examinasets of questions shall be prepared in subjects ordinarily writ- tions. ten on Saturday, one of which sets shall be available for use on Wednesday by applicants who observe Saturday as their Sabbath: Provided further, That any certificate issued further under or by virtue of this act shall be valid in any county in proviso. this state for the purpose of teaching in the schools operated under this act: Provided further, That any person holding a Further certificate issued by the authorities of any recognized or ac- proviso. credited normal school, college or university of this or other

Proviso.

Failure
to comply.

Hearing, when held.

Proviso.

Order to comply.

Proviso.

May close school.

state shall be entitled to certification as now provided by law : Provided, however, That teachers employed in such private, denominational or parochial schools when this act takes effect shall have until September first, nineteen hundred twenty-five, to obtain a legal certificate as herein provided.

(292) Sec. 4. In event of any violation of this act the superintendent of public instruction shall serve the person, persons, corporation, association or other agencies who operate, maintain and conduct a private, denominational or parochial school within the meaning of this act with a notice, time and place of hearing, such hearing to take place within fifteen days after the date of said notice and at a place located in or conveniently near the county where such violation took place, accompanied by a copy of the complaint stating the substance of said violation: Provided, That no person shall be called to attend any such hearing on any day observed by him as the Sabbath. If at such hearing the superintendent of public instruction shall find that the violation complained of has been established he shall then serve said person, persons, corporation, association or other agencies with an order to comply with the requirements of this act found to have been violated within a reasonable time not to exceed sixty days from the date of such order: Provided, That in the event that such order refers to sanitary conditions that the said person, persons, corporation, association or other agencies shall have six months in which to remedy the defect. If the order of the superintendent of public instruction as specified in said notice shall not have been obeyed within the time specified herein said superintendent of public instruction may close said school and prohibit the said person, persons, corporation, association or other agencies operating or maintaining such private, denominational or parochial school from maintain. ing said school or from exercising any of the functions hereunder until said order of the superintendent of public instruction has been complied with. The children attending a private, denominational or parochial school refusing to comply with the requirements hereof after proceedings herein set forth shall be compelled to attend the public schools or approved private, denominational or parochial school under the provisions of the compulsory education act, the same being act number two hundred of the public acts of nineteen hundred five, as amended. And it shall be the duty of the person or persons having charge of the enforcement of the said compulsory education act, upon notice from the superintendent of public instruction that said private, denominational or parochial school has not complied with the provisions hereof, to compel the attendance of the children of said school or schools at the public schools or approved private, denominational or parochial school.

(293) Sec. 5. The superintendent of public instruction by himself, his assistants, or any duly authorized agent, shall have authority at any time to investigate and examine into

Compulsory attendance.

May investigate, etc.

the conditions of any school operating under this act as to the
matters hereinbefore set forth and it shall be the duty of such
school to admit such superintendent, his assistants or author-
ized agents and to submit for examination its sanitary condi-
tion, the records of enrollment of pupils, its courses of studies
as set forth in section one of this act and the qualifications
of its teachers. Any refusal to comply with provisions herein
on the part of such school or teacher shall be considered suffi-
cient cause to suspend the operation of said school after pro-
ceedings taken as stated in section four of this act.
Sec. 6. Appropriation clause.

(294) SEC. 7. Nothing in this act contained shall be construed so as to permit any parochial, denominational, or private school to participate in the distribution of the primary school fund.

An Act to provide for the election of a county commissioner of schools,

for the appointment of school examiners, [and] to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act.

[Act 147, P. A. 1891.] The People of the State of Michigan enact: (295) § 5877. SECTION 1. At each annual meeting of the Examiner, several boards of supervisors of the different counties of appointment

of, term, etc. the state, the said several boards of supervisors shall appoint one examiner who shall hold his office for a period of two years from and after the first day of January following his or her election, or until his successor shall have been appointed and qualified, and said examiner, together with the commissioners of schools, shall constitute a board of school examiners. Any person shall be eligible to the office of exam- Eligibility. iner who shall hold at least a second grade certificate, and has taught in the public schools at least nine months, or who has the qualifications required of commissioner in section three of this act, except an experience of twelve months as teacher. In case a vacancy shall occur at any time in the Vacancy. office of school examiner, the judge of probate, together with the board of school examiners of the county in which such vacancy shall have occurred, shall, within ten days after the occurrence of such vacancy, appoint some suitable person to fill such vacancy. And the person so appointed shall hold the office for the unexpired portion of the term, or until his or her successor is appointed and has qualified. Within ten days Oath, where after such commissioners or examiners shall have received filed, etc. legal notice of his or her election, he or she shall take and subscribe the constitutional oath of office, and the same shall be filed with the county clerk. The said county commissioner Bond, where so appointed, shall execute a bond with two sufficient sureties filed, etc.

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