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Classification of certain school districts...
Instruction, etc., of adult blind persons.
Fraternities, sororities, etc., among public school pupils, abolished.
State accounts—Safe keeping of public moneys.
State library commission
Annual reports by librarians.
Children of indigent parents, attendance at school provided for.
School districts empowered to establish trade, etc., schools and accept
Legislative assent to grants of moneys from U. S..
Designating sites outside of certain districts.
Voting, etc., school taxes in certain cities.
Instruction and training of juvenile delinquents..
Note.—The section numbers in parentheses ( ), are compiler's sections, and are consecutive
SCHOOL LAWS OF MICHIGAN
FINANCE AND TAXATION.
(1) SECTION 1. All subjects of taxation now contributing Primary
school to the primary school interest fund under present laws shall
interest continue to contribute to that fund, and all taxes from such fund. 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 primary school interest fund.
The statute is not unconstitutional because it provides that the funds secured by the specific tax shall be devoted to upbuilding the state highways in that it infringes the provisions of section 1, Art. X, of the constitution, limiting the sources of contributions to the primary school fund to that purpose alone.-Jasnowski v. Board of Assessors, 191/288. See Union Steam Pump Sales Co. v. Secretary of State, 216/261. (2) Sec. 2. The legislature shall provide by law for an Tax for
state annual tax sufficient with other resources to pay the estimated
expenses. expenses of the state government, the interest on any state debt and such deficiency as may occur in the resources.
Under the sections of the constitution providing for uniformity of taxation and conferring power on the legislature to levy a state tax, etc., on cash valuation of property (Art. 10, § § 2, 3, 7), the state may authorize the review of valuations and assessments by the board of state tax commissioners.-Attorney General v. Board of Supervisors of Midland county, 178/513.
(3) SECTION 1. Religion, morality and knowledge being Encouragenecessary to good government and the happiness of mankind, education. schools and the means of education shall forever be encouraged.
It was the intent of the constitution to separate the school organization from the general municipal government. Though municipal corporations, organized for the same purposes, with like powers and luties,
exist in the same territory, those having different purposes, rights and duties, may, and often do, occupy the same territory.--Attorney General v. Thompson, 168/511. The language of this section is from the ordinance of 1787. The reassertion of this doctrine after the lapse of more than a century and a quarter, coupled with the fact that legislation in this state upon the subject of education has from the beginning been of the most liberal character, indicates a settled purpose on the part of the state to provide, foster and protect educational facilities for all.-Dennis v. Wrigley, 175/621, 625. Subject only to the constitution, the legislature has entire control over the schools of the state, including the division of the territory of the state into school districts, the conduct of the schools, the qualifications of the teachers, and the subjects to be taught.-Child Welfare Society v. School Dist., 220/290.
Term of office.
Superintend- (4) SEC. 2. A superintendent of public instruction shall
day in April, nineteen hundred nine, and every second year
from the first day of July following his election and until Duties. his successor is elected and qualified. He shall have general
supervision of public instruction in the state. He shall be a
be prescribed by law.
versity, consisting of eight members, who shall hold the office
for eight years. There shall be elected at each regular bienVacancy. nial spring election two members of such board. When a
vacancy shall occur in the office of regent it shall be filled
(6) Sec. 4. The regents of the university and their suc-
(7) SEC. 5. The regents of the university shall, as often university.
as necessary, elect a president of the university. The presi-
dent shall preside at the meetings of the board and be the Supervision principal executive officer of the university. The board of reof university. gents shall have the general supervision of the university
and the direction and control of all expenditures from the
Under this provision the board of regents has independent control of the affairs of the university.-Regents v. Auditor General, 167/444. Neither the legislature, nor any officer or board of this state, may interfere with the control and management of the affairs and property of the university, although in making appropriations for its support the legislature may attach any conditions it may deem expedient and wise, and the appropriation cannot be received without complying with the conditions.-Agler v. Mich. Agricultural College, 181/559.
State board of education.
(8) SEC. 6. The state board of education shall consist of four members. On the first Monday in April, nineteen hundred nine, and at each succeeding biennial spring election, there shall be elected one member of such board who shall hold his office for six years from the first day of July following his election. The state board of education shall have general supervision of the state normal college and the state normal schools, and the duties of said board shall be prescribed by law.
(9) SEC. 7. There shall be elected on the first Monday in April, nineteen hundred nine, a state board of agriculture to consist of six members, two of whom shall hold the office for two years, two for four years and two for six years. At every regular biennial spring election thereafter, there shall be elected two members whose term of office shall be six years.
The members thus elected and their successors in office shall Name. be a body corporate to be known as “The State Board of Agriculture." (10) SEC. 8. The state board of agriculture shall, as often President of
agricultural as necessary, elect a president of the agricultural college, college. who shall be ex-officio a member of the board with the privi. lege of speaking but not of voting. He shall preside at the meetings of the board and be the principal executive officer of the college. The board shall have the general supervision of Supervision the college, and the direction and control of all agricultural tural college. college funds; and shall perform such other duties as may be prescribed by law.
The state board of agriculture has exclusive control of the general funds of the Michigan agricultural college.—Bauer v. State Board of Agriculture, 164/415.
The constitutional powers of the state board of agriculture with respect to the college and its funds are the same as those of the board of regents of the university with respect to the university and its funds.-State Board of Agriculture v. Auditor General, 180/349, 359; Agler v. Mich. Agricultural College, 181/559, 561. See note to section 7.
(11) Sec. 9. The legislature shall continue a system of Primary primary schools, whereby every school district in the state system. 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 of a primary district, all tuition for the 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.
As proposed by concurrent resolution No. 1, Public Acts of 1911, pages 537-8; ratified April 3, 1911. See Welfare Society v. School Dist., 220/290.
(12) Sec. 10. The legislature shall maintain the uni- Legislature to versity, the college of mines, the state agricultural college, the maintain state normal college and such state normal schools and other institutions. educational institutions as may be established by law.
(13) Sec. 11. The proceeds from the sales of all lands Disposition that have been or hereafter may be granted by the United e certain States to the state for educational purposes and the proceeds money.
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) SEC. 12. 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 appro
priated exclusively to the support of the primary schools. Salt springs (15) SEC. 13. The legislature shall appropriate all salt
, for benefit of spring lands now unappropriated, or the money arising from agricultural the sale of the same, where such lands have already been sold, college.
and any funds or lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance
of the agricultural college. Township (16) Sec. 14. The legislature shall provide by law for the and city libraries.
establishment of at least one library in each township and Disposition 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. Charitable (17) SEC. 15. Institutions for the benefit of those ininstitutions.
habitants who are deaf, dumb, blind, feeble-minded or insane shall always be fostered and supported.
[Extract from Chap. II of Act 203, P. A. 1917.) Officers
Sec. 8. At each biennial spring election there shall elected. be elected the following officers: Justices. (1) Two justices of the supreme court, each for the full
term of eight years, beginning on the first day of January
next following his election; Regents.
(2) Two regents of the university, each for the term of eight years, beginning on the first day of January next fol
lowing his election; Superintend- (3) A superintendent of public instruction for the term instructipublic of two years, beginning on the first day of July next follow
ing his election;
(4) A member of the state board of education for the of education. term of six years, beginning on the first day of July next
following his election; State board (5) Two members of the state board of agriculture, each of agricul
for the term of six years, beginning on the first day of Janu: ary next following his election.
Act 270 of 1913, (8 462, C. L. 1915), abolishing the office of commissioner of the state land office, transfers to the superintendent of public instruction the duties of that officer "on the board of state auditors and all other boards, committees or commissions of which the commissioner of the state land office is by virtue of his office a member."