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Powers and duties.


Purchase school sites.


Fifth, His conviction of any infamous crime; Sixth, His election or appointment being declared void by a competent tribunal;

Seventh, His neglect to file his acceptance of office or to give or renew any official bond according to law;

Eighth, Upon the expiration of twenty days after failure of the district to elect a successor at the annual meeting. Am. 1921, Act 133.

(321) § 5917. SEC. 9. The board of education shall have the following powers and duties :

(a) To fill any vacancies that may occur in the office of trustee until the next annual meeting, and the person or persons so appointed shall .file his acceptance and affidavit as hereinbefore provided ;

(b) To purchase or lease in the name of the district such site or sites for schoolhouses as it may deem necessary, out of the fund provided for that purpose, and make sale of any site or other property of the district when lawfully directed to do so by the qualified voters: Provided, That the board shall not build a stone or brick schoolhouse upon any site without having first obtained a title in fee to the same or a lease for at least ninety-nine years, nor shall a frame schoolhouse be erected on any site for which the board has not secured a title in fee or a lease for at least fifty years, and in all cases where school sites are leased the board shall reserve the privilege of removing the school property from the site on the expiration of the lease;

(c) To estimate the amount of money necessary to be raised for buildings and sites and report same to the voters at the annual or a special meeting;

(d) To vote the taxes necessary in addition to other school funds for teachers' wages which shall be accounted for under the title of “general fund,” and if no high school be established, to vote such taxes as may be necessary to pay the tuition of any and all children of high school age resident in such township, to high schools already established, and to vote such taxes as may be necessary for the regular running expenses of the school, which shall include school furnishings and all appendages, library, the care of school property, record books and blanks, and all apparatus and material which may be necessary in order that the schools may be properly managed and maintained, and such taxes when collected and received by the treasurer of the board shall be accounted for under the title "general fund." All moneys received from penal fines for library purposes and all moneys received for buildings and sites shall be kept in separate accounts under proper title: Provided, That when the district or the board has voted a tax for any legal purpose and the money is needed before the tax can be levied and collected the board may bor. row on the warrant of the district a sum not to exceed the amount of tax voted for such purpose;

Vote taxes for wages, etc.


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(e) Between the second Monday of July and the first Taxes

Monday of August in each year, to make out and deliver to
the township clerk a report in writing, signed by the presi-
dent and secretary, of all taxes for school purposes voted by
the district and by the district board, to be levied on the
taxable property of the district;

(f) To apply and pay over all school moneys belonging School
to the district in accordance with the provisions of the law msesyet
regulating the same, and no money raised by tax shall be
used for any other purpose than that for which it was raised
without the consent of a majority of the taxpaying voters of
the district present at an annual meeting or a special meet-
ing, and no moneys received from the primary school interest
fund shall be appropriated to any other use than the pay-
ment of teachers' wages, except as hereinafter provided, and
no money received for teachers' wages shall be paid to any
person who is not the holder of a proper certificate of qualifi-
cation authorizing him to teach, and granted to said person
before the commencement of his school. The board shall not
apply any moneys received by it from any source for the sup-
port or maintenance of any school of a sectarian character,
whether the same be under the control of any religious society
or made sectarian by the school board;

(g) To have the care and custody of all school property Custody of and to provide suitable school privileges and sanitary condi- school

property. tions for all schools, a suitable water supply and all record books and blanks; (h) To specify the studies to be pursued in the schools of Text books,

adoption, the district and adopt a suitable course of study for said schools; and the secretary shall make a record of such adoption. Textbooks once adopted under the provisions of this act shall not be changed within five years except by the consent of a majority of the qualified voters of the district present at any annual or special meeting: Provided, That Proviso, in the adoption of textbooks the board shall provide for in- and hygiene. struction in the subject of physiology and hygiene with special reference to the nature of alcohol and narcotics and their effects upon the human system, and sanitary science. Textbooks adopted in this subject shall give at least onefourth of their space to the consideration of such subjects, and for the high schools such books shall contain at least twenty pages of such matter, and the instruction in this subject shall be given in such manner and at such times as may be suited to the grade of the pupils. The textbooks used in Approval. giving such instruction shall first be approved by the state board of education. Each teacher or superintendent shall report to the board of education at the close of each term or year in regard to the quantity and character of such special instruction in the subject of alcohol and narcotics, and the secretary of the board shall certify to the superintendent of public instruction that such instruction has been given;


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Regulation (i) To have the general care of the schools of the district of schools.

and make and enforce suitable rules and regulations for the general management of the schools and for the preservation of the property of the district, and to purchase at the expense of the district such textbooks as may be necessary for the

use of children whose parents are not able to furnish same. Suspensions, The board may authorize or order the suspension or expul

sion from school of any pupil guilty of gross misdemeanor or persistent disobedience, or one having habits or bodily conditions detrimental to the school, whenever in its judgment the interests of the school may demand it;

(j) The board may admit to the schools of the township pupils.

any non-resident pupils and determine the rate of tuition of such pupils and collect same. Children who are being cared for at county expense shall be admitted to the school in the township which is nearest the county house or in which the county house may be located, on the same terms that non-resident pupils are admitted. When non-resident pupils, their parents or guardians, pay a school tax in said district such children shall be admitted to the schools of the district, and the amount of such school tax shall be credited on their tuition in a sum not to exceed the amount of such tuition;

(k) To make rules relative to the taking of census of all children resident in said township district five years of age and under twenty years, and to make all necessary reports and transmit the same to the proper officers as designated by law so that the district may be entitled to its proportion of the primary school fund;

(1) To fix the length of time school shall be kept in all the schools of the township, which shall be the same for all schools and not less than five months in each year: Provided, That all persons, residents of any township school district and five years of age, shall have an equal right to attend any

school therein, and no separate school or department shall Further be kept for any person on account of race or color: Provided proviso.

further, That this shall not be construed to prevent the classifying and grading of the schools according to the intellectual progress of the pupils, such grades to be taught in

such separate places as may be deemed expedient; Library.


To establish and maintain a district library and provide for its care and management;

(n) To establish and maintain a high school or high

schools for the township and determine the qualifications Proviso. for admission thereto: Provided, That if a township high

school be not maintained the board of education shall pay out of the funds hereinbefore provided for, the tuition of any and all children of high school age who desire to attend high

schools; Apparatus, (0) To authorize the secretary to purchase and provide

such incidental apparatus and material as may be deemed advisable for the schools, and to audit and order the payment of all accounts for such expenses and material;



High school.

may purchase.


(p) To employ a superintendent of schools for the town- Superinship, and to employ such other officers and servants as may be necessary for the management of the schools and school property, and to prescribe their duties and fix their compensation. The superintendent of schools herein provided for shall be the holder of at least a state life certificate or a normal school diploma, or he shall have educational qualifications, equivalent thereto and shall be the holder of a diploma from a college or university of recognized standing, and he shall Duties. have the following duties :

First, To recommend in writing all teachers necessary for the schools, and to suspend any teacher for cause, until the board of education or a committee of such board may consider such suspension;

Second, To classify and control the promotion of pupils;

Third, To recommend to the board the best methods of arranging the course of study and the proper textbooks to be used;

Fourth, To make reports in writing to the board of education and to the superintendent of public instruction annually or oftener if required;

Fifth, To supervise and direct the work of the teachers;

Sixth, To assist the board in all matters pertaining to the general welfare of the school, and to perform such other duties as the board may determine;

(9) To hire and contract with such legally qualified to hire, teachers as may be required, and all contracts shall be in etc., teachers. writing and signed by a majority of the board in behalf of the district. Said contracts shall specify the wages agreed what conupon and require the teachers to keep a correct record of all tract to school work, the number of pupils, the classification and grading, the aggregate and average attendance and the percentage of attendance, and to furnish the secretary with a correct copy of the same at the close of school. The contracts shall also require the board to provide all proper material and keep the school property in proper and sanitary condition. The where contract shall be filed with the secretary and a duplicate fur- filed. nished the teacher. A contract with a person not holding a when legal certificate of qualification shall be invalid and all con- invalid. tracts shall terminate if the certificate of the teacher shall expire by limitation within its term, or if the certificate be suspended or revoked by proper authority: Provided, That in Proviso. case of illness of the teacher or when a legally qualified teacher cannot be found by the board or by the commissioner of schools, a person otherwise qualified but not holding a certificate may be employed temporarily as a supply, and such supply service shall be paid from the general fund. A school School month within the meaning of the school laws shall consist of four weeks of five days in each week;

1) And to do all things needful and necessary for the maintenance, prosperity, and success of the schools of the dis


of board.


Prosecute action.

disturbance of, etc.


trict and the promotion of the thorough education of the children thereof.

Am. Id. President

(322) § 5918. SEC. 10. It shall be the duty of the presi

dent of the board : To preside. First, To preside at all meetings of the district and of the

board; Countersign Second, To countersign all orders legally drawn by the

secretary upon the treasurer for moneys to be disbursed by the district, and all warrants of the secretary upon the township treasurer for moneys raised for district purposes or apportioned to the district by the township clerk or other officer;

Third, To cause an action to be prosecuted in the name of the district on the treasurer's bond in case of any breach of

any condition thereof; Meetings, Fourth, To preserve order in all meetings of the district,

and he may arrest or order the arrest of any person or persons who shall conduct himself or themselves in a disorderly manner, or who shall disturb such meeting by rude or indecent behavior, or by profane or indecent discourse or in any

other way make such disturbance, and such person shall, on Penalty. conviction thereof in a court of competent jurisdiction, be

punished by a fine of not less than two dollars nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. Any justice of the peace, recorder or police justice of the county where such offense shall be com

mitted shall have jurisdiction to try and determine the same; Complaint for Fifth, He may make complaint before a justice of the peace disturbance.

against any person who shall disturb any school in the township by rude and indecent behavior or by profane and indecent discourse or in any other way make such disturbance, and such person shall on conviction thereof be punished by a fine of not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days;

Sixth, To perform the duties required of the superintendent, where such superintendent is not appointed, and such other duties as may be appropriate to his office in the management

of the schools as the board shall determine. Secretary, (323) § 5919. Sec. 11. It shall be the duty of the secre

tary of each board of education:

First, To act as clerk at all meetings of the district and of the board;

Second, To record the proceedings of all district meetings proceedings.

and the minutes of all meetings, orders, resolutions and other proceedings of the board in proper record books and sign the

same; Notice of Third, To give the prescribed notice of the annual meeting meetings.

and of any special meetings of the district which the board Provisa may call: Provided, That the notice of all annual and special

meetings shall be properly posted in at least five public places in the township and one on each school building not less than

Other duties.


Clerk of board.

Record of

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