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1. ORGANIZATION OF THE SYSTEM,
State superintendent-School districts—School board—Truant officers-Super
intendent of schools.
State superintendent.-The governor, with advice of the council, appoints a superintendent of public instruction for a term of two years, who has general supervision and control of the educational interests of the State. It is his duty to prescribe the form of school register, and of blanks and inquiries for returns of school boards, sending same seasonably to clerks of towns and cities; preserve or distribute all State documents pertaining to education; arrange in his office reports and returns of school boards; investigate the condition of popular education in the State, especially in relation to temperance instruction; report biennially a concise abstract of returns of school boards, detailed statement of his own doings, condition and progress of popular education in the State, with recommendations in regard to improving same; lecture upon education in as many towns and cities as time will permit; arrange for at least one teachers' institute in each county per year, appointing some other suitable person to conduct the same where he can not do so; forward copy of his annual report to chairman of every school board in the State; arrange for examinations of candidates for teachers' certificates, at times and places designated and advertised by him, and issue probationary or permanent certificates to those found qualifiel (each certificate indicating the grade of school the holder is qualified to teach), which shall be accepted by school boards in lieu of personal examinations; keep a list of such approved candidates, and send copies of same, with other information, to school boards upon request. His annual report shall state the condition of the State normal school, terms of admission and graduation, and the times of beginning and closing sessions; which information he shall also cause to be printed on the cover of the school register.
School districts.-Each town constitutes a single district for school purposes, except certain districts organized under special acts of the legislature. Special districts may unite with town districts by vote of each. Two or more town or special districts may combine for establishing a high or other school or for employing a superintendent (see Superintendents). A district may admit scholars from other districts into its schools on terms determined by vote or by the school board; a district may contract with an academy or other literary institution within its immediate vicinity for furnishing instruction to its scholars, using the school money therefor.
School board.--('onsists of three persons, except that where a high school is maintained the number may be increased to six or nine; one-third chosen annually by town meeting (women may vote), to hold office three years ; compensation determined by town or selectmen. Duties of the board are to provide schools at such places and times each year as will best subserve the interests of education and give to scholars as nearly equal advantages as practicable; visit and inspect each school at least twice each term ; hire or dismiss teachers; furnish fuel; make occasional repairs to buildings and furniture, not to exceed 5 per cent of the school money; purchase text-books and other supplies at the expense of the town; prescribe regulations for school government which, when recorded by town clerk and read before school, shall be binding upon scholars and teachers; appoint trnant officers and fix their compensation ; prescribe in all mixed schools and graded schools above primary the study of physiology and hygiene with special reference to the effects of alcohol and narcotics ($200 penalty for noncompliance), and to provide well-approved text-books on said subject; annually in June or July, and at such other times as they deem best, they shall examine applicants for teachers' certificates and issue certificates (good for one year) to those found qualified. By August 1 they shall report to selectmen (sending copy of said report, with answers to other inquiries, to State superintendent, under penalty of $50 for noncompliance) stating the number of weeks of school during the year; number of teachers, male and female; number of scholars attending each school; number instructed in each study ; number of days' attendance of all pupils; number of scholars 5 years old and over who have attended two weeks or more during the year; number of each sex reported by truant officers; number of each sex between 5 and 16 who have not attended school; number between 14 and 21 who can not read and write, together with such suggestions as they think useful. (See also Attendance.)
Truant officers.--School boards shall appoint truant officers (for one year), fix their compensation, and may remove them for cause. Truant officers shall, under direction of the board, enforce laws and regulations relative to compulsory attendance; also relative to employment of children, for which purpose they may visit and inspect manufacturing and other establishments. They have authority to take and place in school any child found truant or employed contrary to law. Annually, in April, truant officers must make an enumeration of children (each sex) between 5 and 16 in their town or city, giving such items in regard to each child as may be required by school board, to whom report shall be submitted within fifteen days after completion of enumeration.
Superintendents.-A school district may require the board to appoint a superintendent of schools, who shall hold office for such term, receive such compensation, and be vested with such of the powers and charged with such of the duties of the board as it may determine. Two or more towns or districts, employing not less than 20 nor more than 60 teachers, may unite to form a supervisory distriet for the purpose of employing a superintendent, who shall give his entire time to the work; their several boards constitute a joint committee, who preseribe superintendent's duties, fix his compensation, and apportion same among the several districts in proportion to service to be rendered each. Such districts formed outside of cities and employing as superintendent at an annual salary a person holding a permanent teacher's certificate, receive half the amount of such salary from the State.
Appointment and duties–Certificates-Institutes-Training. Appointment and duties.—Teachers holding certificates are appointed by the school boards, who shall dismiss any teacher found by them incompetent or unsuitable, or who may not conform to regulations by them prescribed. Pay can not be recovered for service rendered after notice of dismissal. Twenty dollars of each teacher's wages shall be withheld until he returns the school register to the board at the end of the term, with all entries properly made as required by State superintendent.
Certificates.-Examinations are held annually by the school boards in June or July, and at such other times as the boards may deem best. They embrace the studies required by law (see Schools-Course of study) or prescribed by the school board in accordance with law, and involve professional as well as scholastic ability and good moral character. Candidates found competent receive certificates signed by the board, good for not more than one year. Certificates issued by State superintendent are received by the school boards in lieu of personal examination. (See also Organization-State superintendent.)
Institutes.-At least one teachers' institute in each county per year shall be held by the State superintendent; or, if he be unable to conduct it in person, he shall appoint the principal of the State normal school or some other suitable person for that purpose. The income from certain State lands constitutes a permanent teachers' institute fund, from which are paid all necessary expenses of such institutes, including cost of instruction and lectures (see also Schools, normal). Teachers may close their schools and attend such institutes held within the State for not exceeding three days in any term or five days in any year with pay.
Training. (See Schools, normal.)
Afiscellancous provisions- Attendance--Studies—Tert-books—Buildings and
grounds-High schools-Evening schools-Vormal schools. Miscellancous provisions.-Three hours in the forenoon and three in the afternoon constitute a school day, five such days a school week, and four such weeks a school month. Every district shall maintain its schools at least twenty weeks erery school year. Disturbance of a school by a person not a scholar (see also Attendance) is punishable by a fine of not more than $50 or imprisonment not exceeding thirty days. One session or a part thereof in Memorial Day week shall be devoted to exercises of a patriotic nature.
Attendance.-Persons shall attend or send to school in the district wherein they reside, unless by consent of school board. No child shall attend any public
or private school who has not been vaccinated, unless he has had smallpox. A scholar may be dismissed by the school board for gross misconduct or neglect or refusal to conform to rules and shall not attend until restored by board. Scholars shall attend the schools to which tiey are assigned. If after notice a scholar shall attend or visit a school where he has no right, or shall interrupt or disturb the same, he shall be fined $5 for first offense, $10 for any subsequent offense, or be imprisoned not exceeding thirty days. Districts may make bylaws not repugnant to law concerning truants, with penalties not above $10 for each offense, or committal to reform school not exceeding one year; but court may remit penalties upon proof that offender is unable to pay and has no parent or guardian able to pay. The offender may give $25 bond, with sureties approved by court, that he will regularly attend school for one term and comply with regulations; whereupon the fine may be remitted on payment of costs. No child under 12 shall be employed in any manufacturing establishment; no one under 14 shall be engaged at any employment during the term of school in his district; nor any one under 16, without first presenting a statement of his age sworn to by parent or guardian before superintendent (or, if none, before some person so authorized by school board), who must also certify that such child can read at sight and write legibly simple English sentences. No minor who can not readily read and write simple English sentences shall be employed while a free public evening school is maintained in his district, unless he is a regular attendant at such school or a day school, or unless he presents a physician's certificate that his physical condition is such as would render such attendance, in addition to daily labor, prejudicial to his health. Parents or guardians permitting minors under their care to violate the foregoing shall forfeit not more than $20 for the use of the evening school. An employer violating any of the foregoing provisions shall be fined not exceeding $50 for each effense. Children between 8 and 14 shall attend public school during the session unless excused by school board because of physical or mental condition such as to prevent attendance or because of approved private instruction (in the English language) for a like term; noncompliance incurs fine of $10 for first and $20 for every subsequent offense. School boards failing to prosecute offenders under this chapter shall forfeit $20 for each neglect. Boards may use not exceeding 25 per cent of the school money for conveying scholars to and from school.
Studies.-In public schools shall be taught reading, writing, English grammar, arithmetic, geography, and such other branches adapted to the advancement of the schools is may be prescribed by the local school board, which may include algebra, geometry, surveying, bookkeeping, philosophy, chemistry, and natural history. In all mixed schools and in all graded schools above primary must be taught physiology and hygiene, with special reference to the effects of alcoholic stimulants and narcotics; amount and character of such instruction is the subject of special investigation by State superintendent, who shall recommend to the school boards what he considers the best text-books on said subject and the best mode of teaching them; the boards must see that wellapproved text-books are furnished teachers and scholars, and that the subject is thoroughly taught. Boards neglecting this duty are subject to a fine of $200.
Tert-books.The school boards shall purchase text-books and other supplies required in public schools at the expense of the town, loan the same to pupils free of charge under such regulations for their caré as the board may prescribe, and make provision for their sale at cost to pupils wishing to purchase. No book shall be introduced that is calculated to favor any particular religious sect or political party.
Buildings and grounds.-The location of schoolbouses is determined in town or rural districts (1) by vote; (2) by a committee appointed for the purpose, which shall not have power to bind the district beyond the amount of money voted; (3) if 10 or more voters are aggrieved by a location determined by "(1)” or “(2),” they may petition the school board, who shall hear both sides and determine the location ; (4) if the district fails to agree upon a location or upon a committee, or if such committee fails to agree upon a location within thirty days, the school board, upon petition of 10 or more voters, shall determine the location; (5) if 10 or more voters are aggrieved by a location determined by “(1),” “(2),” “(3),” or “(4),” they may petition the county commissioners within ten days, who shall hear both sides and determine the location. The location, however made, shall be conclusive for five years. Upon similar petitions school boards or county commissioners may enlarge existing schoolhouse lots up to 1 acre in total area. If a district neglects to procure land selected for location or enlargement of a schoolhouse lot, or if the owner refuses to sell the
same at a reasonable price, the selectmen, upon petition of the school board or three or more voters, shall appraise the damages occasioned the landowner. In cities (except Concord and Keene) the school board has sole power to select schoolhouse lots and to purchase same with moneys specifically appropriated by the city council; no schoolhouse shall be erected or altered except upon plans approved by the school board; all new schoolhouses shall be constructed under direction of a joint special committee chosen in equal numbers by the city council and the school board. Upon the completion of a new schoolhouse the city council shall transfer it to the school board, and whenever a schoolhouse is no longer required for school purposes the board shall retransfer it to the council. Districts shall keep schools in their own houses if suitable; otherwise suitable accommodations shall be provided at the expense of the district. A district or school board may grant the use of any schoolhouse for a writing or singing school, or for religious or other meetings, whenever such will not conflict with regular school exercises. Shade trees presented to any town may be set out and protected at public expense in schoolhouse yards, highways, cemeteries, commons, and other public places as indicated by the donor.
High schools.-Any school district may, by vote or by law, establish and maintain a high school, in which the higher English branches and Latin, Greek, and modern languages may be taught. Two or more districts may maintain a high school jointly. Where a high school is not maintained, the town shall pay the tuition of scholars resident therein who attend a high school or academy elsewhere in the State; the parent or guardian shall notify his school board what high school or academy he has determined to patronize; if the town fails to pay such tuition, it is liable for the same to said parent or guardian, or the school attended, in an action for debt; a State appropriation of $5,000 a year for payment of such tuition is distributed in the ratio of the several rates of taxation of the towns interested.
Erening schools.---Upon petition of 5 per cent of the voters of any town exceeding 5,000 population per last United States census, said town shall establish and maintain, in addition to other schools, evening schools for the instruction of persons over 14 in such branches of learning or art as the school board may determine. The board also may determine length of term, hours per evening, and make such regulations as to attendance as they deem expedient; but the establishment of evening schools shall not exempt anyone from the requirements of law's relating to compulsory attendance and the employment of children. (See Attendance.)
Normal schools.-The New llampshire State normal school shall confine its instruction to normal school branches and be in session at least twenty weeks each year. Its management is vested in a board of seven trustees, composed of the governor, State superintendent, and five other persons appointed by the governor and cofirmed by the council, who hold office two years. They meet once a year ; receive no compensation beyond reasonable expenses; appoint a principal, who, with their advice and consent, selects assistants and provides for the discipline of the school. The trustees and principal arrange courses of study, prescribe and control examinations for admission and graduation, and grant certificates. Tuition and graduation are free to those who agree to teach in the public schools of the State for a period equal to the length of the course taken. The principal and teachers assist at teachers' institutes without additional compensation other than necessary expenses, so far as their normal duties will permit. On the cover of each school register must be printed the salient facts about the State normal school. (See State superintendent.)
Taxation-Literary fund--Dog tar-. State aid.
Taration.-Towns or districts may raise money to maintain public schools; to build, purchase, rent, repair, or remove schoolhouses or outbuildings; to procure insurance; to provide suitable furniture, fuel, books, maps, charts, apparatus, and conveniences for schools; to plant and care for shade and ornamental trees upon schoolhouse lots; to convey scholars to and from school, and to pay debts. They may bire money for building schoolhouses, not exceeding four-fifths of the cost thereof, which shall be assessed as tax, collected and paid within five years with the interest.
Literary fund.-All taxes collected by the State upon banking, trust, building, loan, and other similar corporations resident outside the State, shall be
known as the " literary fund,” and be distributed (in November) among the towns in proportion to the number of children not less than 5 years old who attended the public schools in such towns not less than two weeks during the year preceding. Such fund shall be applied to the maintenance of the schools during the current year. The school board may use one-fifth thereof in the purchase of blackboards, dictionaries, maps, charts, and school apparatus.
Dog tar.-Money aceruing from the taxation of dogs, after payment of loss or damage to domestic animals occasioned by dogs, shall be applied to the support of the public schools.
State aid.- (See also Organization-Superintendents—Teachers-Institutes Schools, high.)
1. ORGANIZATION OF THE SYSTEM.
State board of education-State 81 perintendent of public instruction-County
superintendents-Boards of craminers-School districts.
State board of education.—The general supervision and control of public instruction shall be vested in a State board of education, which shall consist of two members from each Congressional district, who shall not be members of the same political party and who shall not reside in the same county, except where a Congressional district shall lie wbolly within one county. Said members shall be appointed by the governor, by and with the advice and consent of the senate, each for the term of five years; and in the place of any member whose term shall expire a successor shall be appointed in like manner for the term of five years, so that there shall be always two members from each Congressional district.
The State board of education shall have the control and management of the State normal schools, the New Jersey School for the Deaf, the Farnum Preparatory School, and the Manual Training and Industrial School for Colored Youth.
[It shall have power]
To frame and modify by-laws for its own government; to elect its president and other officers, and to prescribe and enforce rules and regulations necessary to carry into effect the school laws of this State; to appoint county superintendents of schools and for cause to remove them; to prescribe rules and regulations for holding teachers' institutes; to decide appeals from the decisions of the State superintendent of public instruction; to make and enforce rules and regulations for the examination of teachers and the granting of certificates or licenses to teach.
The members of the State board of education shall receive no compensation for their services, but the State treasurer shall, upon the warrant of the State comptroller, pay their necessary expenses.
The State board of education shall report annually to the legislature in regard to all matters committed to its care.
State superintendent of public instruction.—The State superintendent of public instruction shall be appointed by the governor, by and with the advice and consent of the senate, for the term of five years and until his successor shall be appointed and confirmed. He shall receive a salary of $5,000 a year, payable in equal monthly installments.
[He] may appoint an assistant State superintendent of public instruction and fix his salary, [who] shall perform all the duties of the State superintendent of public instruction during his absence. [He may also employ clerks. ]
The State superintendent of public instruction shall be the secretary of the State board of education, and a member ex officio of all boards of examiners. He shall enforce all rules and regulations prescribed by the State board of education. He shall have supervision of all the schools of the State receiving any part of the State appropriation. He shall, from time to time, instruct county and city superintendents as to their duties and as to the best manner of conducting schools, constructing schoolhouses and furnishing the same.
[He] shall decide, subject to appeal to the State board of education and without cost to the parties, all controversies and disputes that shall arise under the school laws or under the rules and regulations of the State board of education.