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TEACHERS' CERTIFICATES.

An Act to authorize the regents of the university of Michigan to grant teachers' certificates in certain cases, and to repeal act one hundred forty-four of the public acts of eighteen hundred ninety-one, and all other acts or parts of acts contravening the provisions of this act.

[Act 213, P. A. 1903.]

The People of the State of Michigan enact:

may grant

may be

(249) § 5812. SECTION 1. The regents of the university of Regents Michigan, through the faculty of the department of literature, certificates. science and the arts, may grant to every person receiving a bachelor's, master's or doctor's degree, and also a teacher's diploma for work done in the science and the arts of teaching in said university, a certificate which shall serve as a legal certificate of qualification to teach in any of the schools of this state, when a copy thereof shall have been filed or recorded in the offices of the legal examining officer or officers of the county, township, city or district where such person expects to teach. Such certificate shall not be liable to be Certificate annulled except by the said board of regents; but its effect annulled. may be suspended in any county, township, city or district and the holder thereof may be stricken from the list of qualified teachers in such county, township, city or district by the legal examining officer or officers of the said county, township, city or district for any cause and in the same manner that such examining officer or officers may be by law author ized to revoke certificates granted by himself or themselves, and such suspension shall continue in force until revoked by the authority suspending: Provided, That the said board of Proviso. regents may recognize and give credit for work done in other educational institutions in the science and art of teaching, if said work is equivalent to the work done in the university of Michigan.

Sec. 2 repeals Act 144, P. A. 1891.

An Act to authorize the state board of education to grant teachers' certificates in certain cases.

[Act 136, P. A. 1893.]

The People of the State of Michigan enact:

without

to whom

(250) § 5814. SECTION 1. The state board of education Certificates is hereby empowered to grant teachers' certificates without examination examination to any person who has received a bachelor's, granted. master's or doctor's degree from any college having a course of study actually taught in such college of not less than four years in addition to the preparatory work necessary for ad

Special

courses, approval of.

mission to the university of Michigan, and in addition to or as a part of such work a course in the science and art of teaching of at least one college year of five and a half hours per week, and in connection with this special course each student shall have had opportunity for observation of the actual work done in the grades of and high schools of the public schools. The special course of study herein prescribed shall have been approved by the state board of education before any graduate of such institution shall receive a teachers' certificate, and before any certificate shall be issued to any person the faculty of such college shall give to the state board of education its recommendation for each student, stating that in the judgment of the faculty the applicant is entitled to receive such certificate and that the applicant has taken the prescribed course in the science and art of teaching and observation of public school work. Each person making application to the state board of education for a teachers' certificate under the provisions of this act shall be thoroughly examined by the faculty of the college and shall be entitled to a diploma from such college. The character of the examination shall be such as to show the qualification and fitness of the person for teaching. If the person making application for such certificate shall furnish to the said state board of education satisfactory proof of having taught successfully for three years prior to graduation from said college, said certificate shall be a life certifiLimited term cate, but if such proof is not furnished said board, then the certificate granted shall be for four years only and a life certificate may at any time thereafter be issued by said board upon the filing with the said board of satisfactory proof that the applicant has taught successfully for three years. Such certificate shall entitle the holder to teach in any of the public schools of this state without examination, provided a copy of said certificate shall have been filed or recorded in the office of the legal examining officer or officers of the county or city in which such person is to teach, and such certificate shall be revoked only by the state board of education and by said board only for cause after a personal hearing of the case.

Life certificates.

certificate.

Duty of board.

When instruc-
tion deficient,
duty of
board.

Am. 1907, Act 112; 1917, Act 13.

(251) § 5815. SEC. 2. It shall be the duty of the said board of education to carefully examine any course of study in the science and art of teaching that may be submitted to it by the trustees of any college, and, if satisfactory, to furnish such trustees with a written certificate approving the same.

(252) § 5816. SEC. 3. If, at any time, the said board of education shall conclude that any college, the graduates of which may desire to receive such certificate, is not giving such instruction in the science and art of teaching and in the other branches as shall be approved by said board, then said

board shall so determine by a formal resolution, and shall give notice thereof to the trustees of such college, and thereafter no teachers' certificates shall be given by said board to the graduates of such college until said board shall be satisfied that proper instruction in the science and art of teaching and in [the] other branches is given by such college, and shall certify such fact to the trustees of such college.

An Act to authorize the state board of agriculture to grant teachers' certificates in certain cases.

[Act 165, P. A. 1909.]

The People of the State of Michigan enact:

certificate,

(253) § 5817. SECTION 1. The state board of agricul- Teacher's ture, on recommendation of the president and heads of de- granting of, partments of the Michigan agricultural college, is hereby duration. authorized to grant to persons who have completed the regular four year course in agriculture, together with a course in padagogics covering at least a half year's special instruction in such subject, a teacher's certificate, which shall serve as a legal qualification to teach agriculture and the related sciences in any of the public schools of this state for the period of three years.

validates.

(254) § 5818. SEC. 2. Before the certificate herein Recording mentioned shall be valid in any county or city, the holder thereof shall record the same in the office of the legal examining officer of the county or city where such person expects to teach. Such certificate shall not be liable to be annulled, except by the said state board for any cause which would have justified the board in withholding such certificate. (255) § 5819. SEC. 3. The secretary of the Michigan Record of, agricultural college shall keep a record of all teachers' certifi- kept, etc. cates so granted by said state board of agriculture and shall furnish the superintendent of public instruction annually with a copy of such list.

by whom

COUNTY COMMISSIONERS AND SCHOOL EXAMINERS.

An Act to provide for the election of a county commissioner of schools, for the appointment of school examiners, [and] to define the duties and fix the compensation for the same, and to repeal all existing acts or parts of acts conflicting with the provisions of this act.

[Act 147, P. A. 1891.]

The People of the State of Michigan enact:

appointment

(256) § 5877. SECTION 1. At each annual meeting of the Examiner, several boards of supervisors of the different counties of the of, term, etc state, the said several boards of supervisors shall appoint one

Eligibility.

Vacancy.

Oath, where filed, etc.

Bond, where filed, etc.

Election of county com

missioner of schools.

File oath and bond.

examiner who shall hold his office for a period of two years from and after the first day of January following his or her election, or until his successor shall have been appointed and qualified, and said examiner, together with the commissioners of schools, shall constitute a board of school examiners. Any person shall be eligible to the office of examiner who shall hold at least a second grade certificate, and has taught in the public schools at least nine months, or who has the qualifications required of commissioner in section three of this act, except an experience of twelve months as teacher. In case a vacancy shall occur at any time in the office of school examiner, the judge of probate, together with the board of school examiners of the county in which such vacancy shall have occurred, shall, within ten days after the occurrence of such vacancy, appoint some suitable person to fill such vacancy. And the person so appointed shall hold the office for the unexpired portion of the term, or until his or her successor is appointed and has qualified. Within ten days after such commissioners or examiners shall have received legal notice of his or her election, he or she shall take and subscribe the constitutional oath of office, and the same shall be filed with the county clerk. The said county commissioner so appointed, shall execute a bond with two sufficient sureties 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.

Am. 1901, Act 43; 1909, Act 221.

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.

(257) § 5878. SEC. 2. There shall be elected at the election held on the first Monday in April, nineteen hundred 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 successor shall be elected and qualified. The county commissioner 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 superintend

ent of public instruction in all respects as provided in section one of this act: Provided, That in the county of Chip- Proviso as to Chippewa pewa the commissioner of schools heretofore elected on the county. 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 following his or her election: Pro- Proviso vided, That in the county of Lake the commissioner of county. schools heretofore elected on the 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.

Am. 1901, Act 35; 1905, Act 169; 1907, Act 115.

Note.-See section 11, Chapter 2, Act 203, P. A. 1917, as to the election of county commissioner of schools.

(258) § 5879. SEC. 3.

as to Lake

SEC. 3. Persons eligible to hold the office Eligibility. of commissioner of schools must possess the following quali fications:

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

teachers'

(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,, 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 holding 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.

Am. 1909, Act 222.

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 amendments.

proviso.

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