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twenty-five. After September first, nineteen hundred twenty. When granted

without exfive, the board of school examiners on the dates specified in amination. this act for the issuing of certificates, and on such other dates as the commissioner shall deem advisable, shall grant certificates without examination, to persons, in such form as the superintendent of public instruction shall prescribe, licensing as teachers all persons who have attained the age of eighteen years, and who shall be found qualified in respect to good moral character, learning and ability to instruct and govern a school. Said board shall grant third grade certificates to Third grade

certificates. those persons who shall have completed a minimum of one year of professional training; said board shall grant second Second grade grade certificates to those persons who shall have completed certificates. at least one and one-third years of professional training; and said board shall grant first grade certificates to those persons First grade

certificates. who shall have completed at least one and two-thirds years of professional training in such school or schools as designated for six weeks' professional training in section five of this act: Provided further, That until September first, nine- Further teen hundred twenty-five, the county commissioner shall have proviso. power, upon personal examination in the third grade branches satisfactory to himself or herself, to grant certificates which shall license the holder thereof to teach in a specified district for which it shall be granted, and in no case shall a second special certificate be granted the same person within three years. Am. Id. CERTIFICATES: A certificate issued to one who has not taken an examination at all and whose qualifications are not ascertained upon an examination, is not such a certificate as the law provides for.—People v. Howlett, 94/170-1. The action of the board of examiners in refusing a certificate cannot be questioned by the rejected applicant in a suit to recover wages she would have earned under her contract but for such adverse action.-Lee v. Sch. Dist., 71/361. A certificate, issued for three years, cannot be legally extended by the secretary, by being changed to read for four years, after the board of 'examiners who issued it have gone out of office.—Bryan v. Sch. Dist., 111/67.

SPECIAL CERTIFICATES: The secretary of the board (under the old law)
had no right, after the refusal of the board to grant a certificate, to issue a
special certificate to the rejected applicant.-Lee v. Sch. Dist., 71/361. The
object of a special certificate is to bridge over the time between the commence-
ment of a school and the next meeting of the examiners and such a certificate
has life only until the next regular examination.—Id.; People v. Howlett,
94/170.
(301) $ 5883.

SEC. 7.

The board of school examiners Revocation of may suspend or revoke any teacher's certificate issued by them certificates. for neglect of duty, incompetency, or immorality, or for any other reason which would have justified said board in withholding the same when given, and said board may suspend the effect of any teacher's certificate granted by the county commissioner of schools which said certificate licenses the holder thereof to teach in a specified district for which it shall be granted. Whenever written charges accusing any teacher of Duty of comneglect of duty, incompetency, or immorality shall be filed wh

when charges with the county commissioner of schools, said commissioner preferred. shall immediately notify said accused teacher that charges have been filed against him and shall attach to such notice a certified copy of said charges together with the name or

board at

appearance.

names of the person or persons filing the same, and said commissioner may, and on the written demand of the accused teacher shall, within twenty days after the filing of said charges, call a meeting of the board of school examiners of the county and shall summon the teacher, against whom charges have been preferred, and also summon any witnesses who may have knowledge of the facts, to appear before said board of examiners on the date mentioned in the summons.

Said summons shall have the force of a summons or subpoena Duty of at law. On the day set for the meeting of the board of examhearing.

iners, said board shall proceed to hear the case. The chairman of said board shall have authority to administer an oath to the several witnesses and examine them under oath if he deems it advisable. The board of examiners shall proceed to examine the party charged and the witnesses for and against said party, and if it shall appear that the charges made are

true, then the said board shall have authority to suspend or Proviso. revoke the certificate of the accused: Provided, That no cer

tificate shall be suspended or revoked without a personal hearing, unless the holder thereof shall, after a reasonable

notice, neglect or refuse to appear before the said board for Proviso, non- that purpose: And provided further, That any person sum

moned to appear before the board of examiners for the purposes mentioned herein and who shall fail to appear before said board on the day specified in the summons, shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be fined a sum not less than five dollars nor more than twenty-five dollars, or by imprisonment in the county jail for not more than twenty

days or both such fine and imprisonment in the discretion of Temporary the court. The county commissioner of schools in any county suspension of

shall have authority to temporarily suspend the force of any certificate.

teacher's certificate when from his personal inspection of the work of said teacher, or from his personal knowledge, he is satisfied that such teacher has been guilty of wilful neglect

ty or is incompetent to instruct or govern the school, or

has been guilty of gross immorality. The county commisfore board. sioner of schools shall, upon suspending the force of any

teacher's certificate, immediately, and within ten days thereafter, call a meeting of the board of school examiners and summon said teacher to appear before said board to show

cause why his or her certificate should not be indefinitely susProviso,

pended or revoked: Provided further, however, That it shall

be the duty of the board of school examiners to file in the decision.

office of the county school commissioner its decision within ten days after the close of any hearing above mentioned, and it shall be the duty of the county school commissioner within

five days after the filing of said decision to mail a copy thereProviso, of to said teacher: Provided further, however, That any

teacher who feels aggrieved at the decision of the county probate

board of school examiners may, within twenty days after the filing of such decision, take an appeal to the probate court of

To summon teacher be

filing

appeal to

court.

said county, who is hereby authorized to hear and determine
said cause.
Carver v. Sch. Dist., 113/524.
IMMORALITY: A communication representing that a certain person was of
bad moral character and unfit to have the care of a school, made in good faith
for the purpose of preventing such person's teaching the school, is privileged and
is justified by proof that he a blasphemer, habitually profane and a Sabbath-
breaker. Wieman v. Mabee, 45/484.

(302) § 5884. Sec. 8. It shall be the duty of the county Duty of commissioner:

commissioner. First, Immediately after his or her qualification as commissioner, to send notice thereof to the superintendent of public instruction;

Second, To keep a record of all examinations held by the Examinaboard of school examiners and to sign all certificates and tions, certifiother papers and reports issued by the board, and to keep a record of all meetings of the board of exa iners and of all hearings for the suspension or revocation of any teacher's certificate, and to call meetings of the board of examiners at such other times than those mentioned in section five of this act as he may deem best;

Third, To receive the institute fee provided by law and to Fee. pay the same to the county treasurer quarterly, beginning September thirtieth in each year; Fourth, To keep a record of all certificates granted, sus- Record of

certificates. pended, revoked or transferred by the said board or commissioner, showing to whom issued, together with the date, grade, duration of each certificate, and, if suspended or revoked, with the date and the reason therefor;

Fifth, To furnish, previous to the third Monday in July in List of each year, to the township clerk of each township in the authorized county, and to each of the officers of every school district in the county, a list of all persons legally authorized to teach in the county at large during the preceding school year, and in such township, with the date and term of each certificate, and if any have been suspended or revoked, the date of such suspension or revocation;

Sixth, To visit each of the schools of the county at least Examinaonce in each year and to examine carefully the discipline, the mode of instruction, the text-books used, the apparatus belonging to the school, the library, the progress and the proficiency of the pupils, the skill and efficiency of the teacher, the condition of the school property, and whether the attendance at school is in compliance with law, and to make a careful record of these items and report the same to the director of each district: Provided, That in counties containing one Proviso. hundred or more schoolrooms, the commissioner of schools is hereby authorized to appoint a clerk, who shall perform such duties as said commissioner shall direct, except visiting schools: Provided further, In counties having from one hun- Further dred to one hundred and fifty schoolrooms the whole expense

proviso. incurred for such clerk shall not exceed three hundred dollars in any one year and in counties having more than one hundred and fifty schoolrooms the whole expense incurred for

tions.

Further proviso.

Institutes, etc.

To examine reports.

such clerk shall not exceed four hundred dollars in any one year: Provided further, That nothing in this act contained shall operate to restrict the board of supervisors of any county from paying such greater sums than herein provided as said boards may deem just and necessary;

Seventh, To counsel with the teachers and school boards as to the course of study to be adopted and pursued, and as to any improvement in the discipline, instruction and management of the school, and he may examine and audit the books and the records of any school district at any time when directed to do so by the superintendent of public instruction er by application of any school board;

Eighth, To promote by such means as he or she may devise, the improvement of the schools in the county, and the elevation of the character and qualifications of the teachers and officers thereof, and act as assistant conductor of institutes appointed by the superintendent of public instruction, and perform such other duties pertaining thereto as said superintendent shall require;

Ninth, To receive the duplicate annual reports of the several township clerks, examine into the correctness of the same, requiring them to be amended when necessary, endorse his or her approval upon them, and immediately thereafter, and before the fifteenth day of September in each year, transmit to the superintendent of public instruction one copy of each of said reports and file the other in the office of the county clerk:

Tenth, To be subject to such instruction and rules as the superintendent of public instruction may prescribe, to receive all blanks and communications that may be sent to him or her by the superintendent of public instruction, and to dispose of the same as directed by the said superintendent, and to make annual reports at the close of the school year to the superintendent of public instruction of his or her official labors, and of the schools of the county together with such other information as may be required;

Eleventh, To perform such other duties as may be required of him or her by law, and at the close of the term of office to deliver all records, books, and papers belonging to the office to his or her successor.

Section 9 was repealed by Act 222 of 1909.

Compensation of commissioner, how fixed.

(303) $ 5885. Sec. 10. The compensation of each county commissioner of schools shall be determined by the board of supervisors of each county, respectively, but the compensation shall not be fixed at a sum less than five hundred dollars per annum in any county where there are thirty schoolrooms; at not less than seven hundred fifty dollars per annum where there are more than seventy schoolrooms; at not less than one thousand dollars per annum where there are one hundred schoolrooms and not less than twelve hundred dollars where there are one hundred twenty-five schoolrooms; not less than

examiners.

thirteen hundred fifty dollars where there are one hundred fifty schoolrooms; not less than fifteen hundred dollars where there are one hundred seventy-five schoolrooms; not less than two thousand dollars per annum where there are over three hundred schoolrooms; in estimating the number of schoolrooms in any county, all graded schools whether operating under a general or special charter shall be included. Each member of the board of school examiners, other than Per diem of the county commissioner, shall receive four dollars for each school day actually employed in the duties of his office and his actual and necessary traveling expenses incurred in the discharge of his official duties in his own county. The compensation of any Clerk. clerk when appointed as provided in this act shall be determined by the county commissioner. The compensation of How paid. members of the county board of school examiners and of any clerk appointed by the county commissioner shall be paid . monthly from the county treasury upon such examiner or clerk filing with the county clerk a certified statement of his or her account which shall give in separate items the nature and amount of the service for which compensation is claimed. The compensation of the county commissioner shall be paid monthly from the county treasury: Provided, That in no Proviso. case shall the county commissioner receive any order for compensation from the county clerk until he has filed a certified statement from the superintendent of public instruction that all reports required of the county commissioner have been properly made and filed with said superintendent: Provided Further further, That no county commissioner shall receive an order provisor for compensation until he shall have filed with the county statement. clerk a detailed statement under oath showing what schools have been visited by him during the preceding month and what amount of time was employed in each school, naming the township and school district. The actual and necessary traveling expenses of the commissioner incurred in the discharge of his official duties in his own county and the necessary and all contingent expenses for printing, postage, stationery, record books, grading registers, telephone rental, rent of rooms for public examinations, teachers' or school officers' meetings, shall be audited and allowed by the board of supervisors or the county board of auditors.

an

assistant

Am. 1917, Act 21. ASSISTANT VISITOR: Mandamus to compel the payment of visitor of schools for services rendered under this act, was denied, when the commissioner had not determined the compensation as required.--Hicks v. Wayne Co. Auditors, 97/611. (304) § 5886. Sec. 11. . No superintendent of public in- who shall not

act as agent. struction, instructor at institute, county commissioner or examiner, shall act as agent for the sale of any school furniture, text-books, maps, charts or other school apparatus.

(305) § 5887. SEC. 12. Whenever by death, resignation Vacancy, or removal from office, or otherwise, a vacancy shall occur in how filled. the office of county commissioner of schools, the county clerk shall issue a call to the board of supervisors of the county and

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