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AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF

FREE SCHOOLS.

ARTICLE I.

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.

2 1. Time of election and term of office.

4. Duties defined. 2 2. Oath and bond.

? 5. Powers defined. § 3. Salary and office expenses.

26. Liabilities. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That, at the election to be held on Tuesday after the first Monday of November, in the year of our Lord one thousand eight hundred and ninety, and quadrennially thereafter, there shall be elected by the legal voters of this State, a State Superintendent of Public Instruction, who shall hold his office for four years from the second Monday in January next after his election, and until his successor is duly elected and qualified.

§ 2. Before entering upon his duties, he shall take and subscribe the oath of office prescribed by the Constitution, and shall also execute a bond, in the penalty of twenty-five thousand dollars ($25,000), payable to the People of the State of Illinois, with securities to be approved by the Governor, conditioned for the prompt discharge of his duties as Superintendent of Public Instruction, and for the faithful application and disposition, according to law, of all school moneys that may come into his hands by virtue of his office. Said bond and oath, shall be deposited with the Secretary of State, and an action may be maintained thereon by the State at any time for a breach of the conditions thereof. § 3. And the said State Superintendent shall receive, annu

nually, such sum as may be provided by law, as a salary for the services required under the provisions of this act, or any other law that may be passed, and also all necessary contingent expenses for books, postage and stationery pertaining to his office, to be audited and paid by the State as the salaries and contingent expenses of other officers are paid.

§ 4. It shall be the duty of the said State Superintendent of Public Instruction

First-To keep an office at the seat of government of the State.

Second-To file all papers, reports and public documents transmitted to him by the school officers of the several counties, each year separately.

as he

ThirdTo keep and preserve all other public documents, books. and papers relative to schools, coming into his hands as State Superintendent, and to hold the same in readiness to be exhibited to the Governor, or to any committee of either house of the General Assembly.

FourthTo keep a fair record of all matters pertaining to the business of his office.

FifthTo pay over, without delay, all sums of money which may come into his hands by virtue of his office, to the officer or person entitled to receive the same, in such manner as may be prescribed by law. Sixth - To counsel and advise in such manner

may

deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools.

Seventh-To supervise all the common and public schools in the State.

EighthTo be the general adviser and assistant of county superintendents of schools in this State.

Ninth-To address circular letters to county superintendents, from time to time, as he shall deem for the interests of schools, giving advice as to the best manner of conducting schools, constructing school houses, furnishing the same, examining and procuring competent teachers.

TenthTo, on or before the 1st day of November preceding each regular session of the General Assembly, report to the Governor the condition of the schools in the several counties of the State; the whole number of schools which have been taught in each county in each of the preceding years, commencing on the 1st of July; what part of said number have been taught by males exclusively, and what part by females exclusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods; the number of scholars in attendance at said schools; the number of persons in each county under twenty-one years of age, and the number of such persons between the ages of twelve and twenty-one years that are unable to read and write; the amount of township and county funds; the amount of the interest of the State or common school fund, and of the interests of the township and county fund annually paid out; the amount raised by an ad valorem tax; the whole amount annually expended for schools; the number of school houses, their kind and condition; the number of townships and parts of townships in each county: the number and description of books and apparatus purchased for the use of schools and school libraries under the provisions of this act, the price paid for the same, the total amount purchased, and what quantity and how distributed, the number and condition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools and the means of promoting education throughout the State; which report shall be laid before the General Assembly at each regular session.

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Eleventh-To make such rules and regulations as may be necessary and expedient to carry into efficient and uniform effect the provisions of this act, and of all the laws which now or may hereinafter be in force for establishing and maintaining free schools in this State.

Twelfth-To be the legal adviser of all school officers, and, when requested by any such school officers, to give his opinion in writing upon any question arising under the school laws of this State.

Thirteenth-To hear and determine all controversies arising under the school laws of this State, coming to him by appeal from a county superintendent, upon a written statement of facts certified by the county superintendent.

Fourteenth-To receive and file all proper reports made to him from time to time by the several county superintendents of this State as required by article II of this act.

Fifteenth-To grant State certificates to such teachers as may be found worthy to receive them, as provided for in section 2 of article VII of this act.

Sixteenth-To be ex officio a member of the board of trustees of the University of Illinois and of the Southern Normal University.

Seventeenth-To be ex officio a member of the Board of Education of the State of Illinois, and to act as secretary thereof.

Eighteenth-To report to the General Assembly of Illinois, at its regular sessions, the condition and expenditures of the Normal University, and such other information as may be directed by the Board of Education of the State of Illinois or by the General Assembly of this State,

Nineteenth-To visit such of the charitable institutions of this State as are educational in their character, and to examine their facilities for instruction, and to prescribe forms for such reports as he may desire from the superintendents of such charitable institutions.

$ 5. The said State Superintendent of Public Instruction shall be clothed with the following powers

First-To direct and cause the county superintendent of any county, directors or boards of trustees or township treasurer of any township, or other school officer, to withhold from any officer, township, district or teacher, any part of the common school, or township, or other school fund, until such officer, township treasurer or teacher shall have made all schedules, reports and returns required of him by this act, and until such officers shall have executed and filed all official bonds and accounted for all common school or township or other school funds which have heretofore come into his hands, as required of him by this act.

SecondTo require the several county superintendents of this State to furnish him with such information relating to their several offices as he may desire to embody in his report to the General Assembly of this Štate.

Third-To require the board of trustees of each township in this State to make, at any time he may desire, a report similar to the report required to be made by such trustees, on or before the fifteenth day of July preceding each regular session of the General Assembly of this State, as provided for in section 28 of article III of this act.

FourthUpon the recommendation of the county superintendent, or for good and sufficient reasons, to remit the forfeiture of the school fund by any township which may have failed to make the reports required by law.

Fifth-To determine and designate the particular statistics relating to schools which the inferior officers shall report to the county superintendent for thouse of his office.

Sixth-To authorize the several county superintendents to procure such assistance as may be necessary to conduct county teachers' institutes for not less than five days in each year.

Seventh-To require annual reports from the authorities of incorporated towns, townships, cities or districts holding schools by authority of special charters to the same extent as regular school officers are or may be required to make such reports.

EighthTo require the president, principal or other proper officer of every organized university, college, seminary, academy or other literary institution, whether incorporated or unincorporated, or hereafter to be incorporated in this State, to make out such report as he may require in order that he may lay before the General Assembly a fair and full exhibit of the affairs and conditions of such institutions and of the educational resources of the State.

Ninth-To require the Auditor of Public Accounts to withhold from the county superintendent of any county the amount due any such county' for its share of the interest on State school fund, or said county superintendent for his per diem çompensation, until the report provided for in section 17 of article II of this act shall have been furnished as therein required.

The said State Superintendent of Public Instruction shall not be interested in the sale, proceeds or profits of any book, apparatus or furniture used, or to be used, in any school in this State, and for offending against the provisions of this section he shall be liable to indictment, and upon conviction shall be fined in a sum not less than twenty-five nor more than five hundred dollars, and may be imprisoned in the county jail not less than one month nor more than twelve months, at the discretion of the court.

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SECTION 1. On Tuesday next after the first Monday in November A. D., 1890, and quadrennially thereafter, there shall be elected by the qualified voters of every county in this State a county superin, tendent of schools, who shall perform the duties required by law, and shall enter upon the discharge of his duties on the first Monday of December after his election.

§ 2. He shall, before entering upon his duties, take the oath prescribed by the Constitution, and execute a bond payable to the People of the State of Illinois, with two or more responsible freeholders as security, to be approved by the county board or by the judge and clerk of the county court, in a penalty of not less than twelve thousand dollars ($12,000), to be increased at the discretion of the said coanty board, conditioned that he will faithfully perform all the duties of his office according to the laws which are or may be in force during his term of office.

$ 3. The bond required in the foregoing section shall be in the following form, viz.: STATE OF ILLINOIS,

County. }

Know all men by these presents, that we, A B, C D and E F, are held and firmly bound, jointly and severally, unto the People of the State of Illinois, in the penal sum of

..dollars, to the payment of which we bind ourselves, our heirs, executors and administrators firmly by ihese presents. In witness whereof we have hereunto set our hands and seals this .day of....

A. D. 18.... The condition of the above obligation is such, that if the above bounden A B, County Superintendent of the county aforesaid, shall faithfully discharge all the duties of such office, according to the laws which now are and may hereafter be in force, and shall deliver over to his successor in office al

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