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to be approved by and filed with the county clerk, in the penal sum of one thousand dollars, conditioned that he or she shall faithfully discharge the duties of his or her office according to law, and to faithfully account for and pay over to the proper persons all moneys which may come into his or her hands by reason of his or her holding such office; and thereupon the county clerk shall report the name and postoffice address of such county commissioner to the state superintendent of public instruction.

This act supersedes chap. 12 of Act 164 of 1881. As to the election of school examiner under that law, as amended by Act 266 of 1887, see Conrad v. Stone, 78/635.

ELECTION OF EXAMINERS: The appointment by a board of supervisors of a member of the board of examiners is the transaction of ordinary business for which a majority of a quorum is sufficient, and the appointee is not required to receive the votes of a majority of all the members elected.—Howland v.

Prentice, 143/347. Election of (296) § 5878. SEC. 2. There shall be elected at the eleccounty com- tion held on the first Monday in April, nineteen hundred missioner of schools. three, and every fourth year thereafter, in each county, one

commissioner of schools, whose term of office shall commence on the first day of July, next following his or her election, and

who shall continue in office four years, or until his or her File oath successor shall be elected and qualified. The county commisand bond.

sioner of schools elected under the provisions of this section shall file with the county clerk for the county for which he or she is elected, his or her oath of office and bond, the same as provided in section one of this act, and the county clerk shall make the same report to the superintendent of

public instruction in all respects as provided in section one Proviso, as

of this act: Provided, That in the county of Chippewa the to Chippewa commissioner of schools heretofore elected on the first Monday

in April, nineteen hundred three, shall hold office until the first day of January, nineteen hundred nine, or until his successor shall be elected and qualified. Hereafter in the said county of Chippewa, a commissioner of schools shall be elected at the general election to be held in November, nineteen hundred eight, and every fourth year thereafter, whose

term of office shall commence on the first day of January next Proviso, following his or her election: Provided, That in the county of as to Lake

Lake the commissioner of schools heretofore elected on the county.

first Monday in April, nineteen hundred seven, shall hold office until the first day of January, nineteen hundred eleven, or until his successor shall be elected and qualified. Hereafter in the said county of Lake, a commissioner of schools shall be elected at the general election to be held in nineteen hundred ten and every fourth year thereafter, whose term shall commence on the first day of January next following his or her election.

Eligibility.

See section 11, chapter 2, Act 203, P. A. 1917, as amended by Act 2, P. A. 1919, as to the election of county commissioner of schools.

(297) § 5879. SEC. 3. Persons eligible to hold the office of commissioner of schools must possess the following qualifications:

(a) Twelve months experience as a teacher in the public schools of this state;

(b) Must be a graduate of the literary department of some reputable college, university, or state normal school having a course of at least three years: Provided, That the proviso,

teacher's holder of a state teacher's certificate, or of an indorsed first certificate. grade certificate, or of a certificate granted in another state and indorsed by the state board of education of this state, shall be eligible in any county: Provided further, That per- Further sons who now hold the office of commissioner of schools shall proviso. be eligible to succeed themselves : Provided further, That Further in counties employing less than fifty teachers a person hold- proviso. ing at the time of his or her election a second grade certificate shall be eligible in the county where such certificate was granted, unless a person qualified as heretofore provided cannot be secured to fill the position. QUALIFICATIONS OF COMMISSIONER: A high school is not a college within the meaning of this section. A special first grade certificate not granted at one of the regular public examinations provided for by law, or one granted without any examination, or one granted upon public examination after election as commissioner, does not qualify. Holding the office of secretary of the board of examiners under Act 266 of 1887 (amendatory of chap. 12 of the primary school law, now superseded) is not a qualification.—People v. Howlett, 94/165. The legislative intent is to keep up the standard of teachers by requiring certain educational qualifications in the persons whose duty it is to examine the teachers and determine their fitness for their work.-People v. Howlett, 94/169. In the case of Attorney General v. Lewis, 151/81, it was held that persons elected to the office of commissioner, and, holding the same after the amendment of 1895, are eligible, since the statute is still the act of 1891 notwithstanding its amend

ments.

(298) $ 5880. Sec. 4. The board of school examiners Two regular shall, for the purpose of examining all persons who may offer examinations

each year. themselves as teachers for the public schools, hold two regular public examinations in each year at the county seat, which examinations shall begin on the last Thursday of April and the second Thursday of August of each year. From these two examinations certificates of all grades may be granted. It Schedule shall be the duty of the county commissioner to make out a published. schedule of the times and places of holding such examinations and to cause it to be published in one or more newspapers of the county at least ten days before each examination. People v. Howlett, 94/170.

(299) $ 5881. Sec. 5. The board of school examiners shall meet on the Saturday of the week following each public when granted. examination held according to the provisions of section four of this act, and shall grant certificates to teachers in such form as the superintendent of public instruction shall prescribe, licensing as teachers all persons who have attained the age of eighteen years, who have attended such public examinations and who shall be found qualified in respect to good moral character, learning and ability to instruct and govern a school, but no certificate shall be granted to any person who shall not have passed a satisfactory examination in orthography, reading, writing, grammar, geography, arithmetic, theory and art of teaching, United States history, civil government, physiology and hygiene with reference to the

Certificates,

Proviso.

effect of alcoholic drinks and narcotics upon the human system, school law, agriculture, and the course of study for the district schools of Michigan prepared by the superintendent of public instruction: Provided, That no certificate shall be granted under the provisions of this act to any person who shall not have completed a term of at least six weeks' work in professional training in a state normal school or in one of the county normal training classes of the state or any normal training school conducted by any municipality in the state, or in any school approved by the state superintendent of public instruction; but the completion of one-half year of work in a school maintaining four years of work above high school rank shall be accepted in lieu of this requirement. This proviso, however, shall not apply to persons who have taught in

the schools of the state for at least five months prior to July Proviso. one, nineteen hundred sixteen: Provided, That no certificate

shall be granted under the provisions of this act after September first, nineteen hundred twenty-five, to any person who shall not have completed one year's work in professional training in a state normal school, or in one of the county normal training classes of the state, or any normal training school conducted by any municipality in the state, or in any school approved by the superintendent of public instruction, above

an approved four year high school course, in any school speciFurther fied herein for one year of professional training: Provided proviso.

further, That any commissioner may, upon the request of any holder of a second or third grade certificate, send the papers written by such person, properly certified and under seal, to the county board of school examiners of any other county for its examination, and such board of school examiners may in its discretion, receive such papers and if it accept

them shall treat them in the same manner as if written at a Further pro- public examination in its own county: Provided further, viso, second

That the board of examiners shall have the right to renew a grade cer- second or third grade certificate without examination of any

person who shall have previously attained an average standing of at least eighty-five per cent in all the studies covered in two or more previous examinations, and who shall have been since such last named examination continuously and successfully teaching in the public schools, but no renewal of a second or third grade certificate shall be granted after September first, nineteen hundred twenty-five, to any person who shall not have completed a term or terms of at least twelve weeks' professional training, in such school or schools as designated for six weeks' professional training specified in this section,

since the last certificate was issued to said person either by Further renewal or upon examination: Provided further, That an inproviso.

dorsed first grade certificate may be renewed in the county where issued or in the county where the holder may be teaching at the time of its expiration, without examination, if the applicant for such renewal shall have previously attained an average standing of at least eighty-five per cent in all studies

or third

tificate.

covered in two or more previous examinations, and shall have been since such last named examination continuously and successfully teaching in the public schools, but no renewal of a first grade certificate shall be granted after September first, nineteen hundred twenty-five, to any person who shall not have completed a term or terms of at least eighteen weeks of professional training, in such school or schools as designated for six weeks' professional training specified in this section, since the last certificate was issued to said person either by renewal or upon examination: Provided further, That in Further granting renewals under this act, attendance at a reputable proviso. university, college, or normal school during the regular school year shall be counted in lieu of teaching for the same period : Provided further, That any teacher who has completed two Further years of professional training shall not be required to take proviso. further professional training to secure a renewal of his certificate; also, any teacher who shall furnish proof to the superintendent of public instruction of five years of successful teaching previous to the passage of this act, the last three years of which have been continuous, shall be granted a renewal of a certificate without complying with the requirements for professional training herein designated. All certificates shall be signed by the county commissioner and by at least one of the members of the board of examiners. No who conperson shall be considered a qualified teacher within the sidered meaning of this act, nor shall any school officer employ or contract with any person to teach in any of the public schools under the provisions of this act who has not a certificate in force granted by the board of school examiners or other lawful authority. All examination questions shall be prepared Questions. and furnished by the superintendent of public instruction to the county commissioner, under seal, to be opened in the presence of the applicants for certificates on the day of examination.

teacher.

Am. 1921, Act 186.
People v. Howlett, 94/170; O'Leary v. Sch. Dist., 118/469.
A contract is invalid, unless the teacher, at the time of making the same, has
a certificate authorizing her to teach during the term covered by the contract.-
McCloskey v. School Dist. No. 5, 134/235.

(300) § 5882. SEC. 6. There shall be three grades of cer- Grades of tificates granted by the board of school examiners in its dis- certificates. cretion and subject to such rules and regulations as the superintendent of public instruction may prescribe, which grades of certificates shall be as follows: The certificate of the first First grade. grade shall be granted only to those who have taught at least one year with ability and success, and it shall be valid throughout the state for four years: Provided, That all ex- Proviso. amination papers for first grade certificates favorably passed upon by the board of examiners, together with such certificate, shall be forwarded to the superintendent of public instruction within ten days from date of examination for inspection: Provided further, That any applicant for a first grade cer- Further tificate who feels that the county board of school examiners proviso.

Class A.

Class B.

has not given his papers the credit due them, may order them sent to the state superintendent of public instruction for inspection; and if the standings given by the state superintendent of public instruction are sufficient for his indorsement of the certificate, the county board of school examiners shall issue such certificate, unless it shall give reasons satis

factory to the superintendent of public instruction for withFurther pro- holding the same: And provided further, That no first grade validated out- certificate shall be valid in any county other than that in side county. which it is granted, unless approved and countersigned by the

superintendent of public instruction and a copy filed with

the county commissioner in the county in which the holder Second grade. of said certificate desires to teach. The certificate of the

second grade shall be granted only to those who shall have taught at least seven months with ability and success, and it shall be valid throughout the county for which it shall be granted for three years, and such certificate may be trans

ferred to another county as provided in section five of this Third grade. act. The certificates of the third grade shall be divided into

two classes known as A and B. Third grade certificates of class A shall be granted only to persons who have taught successfully and continuously for at least three years next preceding the examination in primary departments of graded schools, and the certificate of this class shall entitle the holder to teach in primary departments of graded schools only. Third grade certificates of class B shall license the holder to teach in any school of the county in which it shall be granted for one year, and such certificate may be transferred to another county in the same manner that second grade certificates are transferred in section five of this act; but

no more than three certificates of this class shall be granted When cer- to the same person.

Certificates granted under the proviexpire. sions of this act shall expire on June thirtieth; those certifi

cates that are granted on the examination held on the last Thursday of April shall expire in one year, three years, or four years, according to the grade of the certificate, from June thirtieth following the April examination; those that are granted on the examination held the second Thursday of August shall expire in one year, three years, or four years,

according to the grade of the certificate, from June thirtieth Special immediately preceding the August examination. A special certificate.

certificate issued by the county commissioner of schools shall Proviso. expire June thirtieth following the date of its granting: Pro

vided, That there shall be no public examination conducted by the board of school examiners for teachers under the provisions of this act after the teachers' examination held on the second Thursday of August, nineteen hundred twenty-five, unless it is deemed necessary by the superintendent of public instruction to supply teachers for the schools of this state, in which case he may require the county school examiners to conduct teachers' examinations and grant certificates as provided in this act previous to September first, nineteen hundred

tificates

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