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Sections 54-61, 76, 77, 78. Definition.
Teacher, by the definition, includes schoolmaster, schoolmistress, assistant teacher, pupil-teacher, sewing-mistress, and every person who forms part of the educational staff of a school.1
Teachers of Parish and Burgh Schools in Office.
Teachers of parish or burgh schools appointed before the 6th of August 1872 will not be prejudiced by any of the provisions of the Act with respect to tenure of office, emoluments or retiring allowance, as by law, contract, or usage secured to or enjoyed by them, except in the following particulars:— § 55.
1. If a teacher be found guilty at the instance of his school board of immorality or cruelty, or improper treatment of the scholars under his charge, he may be deprived of his office on the sentence of the sheriff, whose judgment shall be final.2
2. If a school board consider a teacher to be incompetent, unfit, or inefficient, they may request the School Inspector, whose duty it is to inspect the school, to report to them specially regarding the school and the teacher. On this report they may dismiss the teacher.
But before judgment they must furnish the teacher with a copy of the report, and the sentence of the school board must be confirmed by the Board.
Teachers of parish schools who may be removed in this way have the same right to retiring allowances as they had under the 19th and 20th sections of the " Parochial and Burgh School
1 An objection was taken in Committee to the words "every person who forms part of the educational staff of a school." Mr Forster said that they were borrowed from the definition of teacher in the English Act: that it would be a pity to strike them out of the Bill, because if that were done "instructors in science, drawing, drilling, and a number of other subjects, would be excluded from the definition clause."
1 This provision takes the place of the provisions on the subject contained in 24 and 25 Vict. c. 107, § 14, Appendix, p. 146.
masters (Scotland) Act, 1861," 1 in cases where such teachers were permitted or required to resign, or were dismissed or removed from office under that Act; and the school boards have the same powers of granting allowances as were by that Act vested in the heritors and ministers.2 § 60.
Teachers appointed after the passing of the Act.
After the passing of the Act, the right and duty to appoint teachers to all public schools are in the school boards. They may assign them such salaries or emoluments as they think fit. Appointments shall be during the pleasure of the school boards.3 § 55.
In other words, the school boards and the teachers may make any agreement as to salary and tenure of office that they like. But the terms of the agreement may be altered from time to time.4
Vacancies between the passing of the Act and the Election of the School Boards.
No vacancy in the office of teacher in any public school occurring after the 6th of August 1872 can be filled up until the election of the school board of the parish or burgh in which the vacancy occurs. If a vacancy should occur, the old managers—
1 24 and 25 Vict. c. 107, Appendix, p. 146.
2 This provision takes the place of that in the Act of 24 and 25 Vict. c. 107, §§ 19 and 20, which was found to he inoperative.
3 A proposal was made in Committee to alter this provision in such a manner as would interfere with freedom of contract between the school boards and the teachers. But it was not pressed. The Lord Advocate stated that the matter had received the most careful and anxious attention of Government, and it was not considered satisfactory to interfere between the school boards and their teachers. They must hold the school boards responsible for the due discharge of their duties and for the appointment of proper teachers. They must trust them to appoint teachers in whom they have confidence ; and it would not be wise or prudent to compel the school board to retain the services of a teacher in whom the school board themselves have not confidence. ... He fancied they would orly be too glad to retain the services of a good teacher when they got him.
4 Teachers are not precluded by the Act from accepting offices other than those of teacher. Cf. note on p. xvi. as to the inexpediency of appointing teachers to the office of Clerk or Treasurer to a school board Cf. Scotch Code, article 15, 6, p. TOO.
i.e., the heritors and minister in case of a parish, and the town council in case of a burgh school—must make due provision for the temporary discharge of the duties of the vacant office until it can he filled up under the Act. § 78.
Teachers' houses possessed under any of the recited Acts regarding parochial or Parliamentary schools1 are to be maintained by the school boards so long as the teachers now in possession remain. After they leave they may be maintained, or they may be sold, or otherwise disposed of by the school boards.2
School boards may or may not provide houses and gardens for future teachers. This becomes a matter of contract between the school boards and the teachers.3
When the school boards determine to provide houses, they may exercise all the powers conferred by the Act with respect to school houses or buildings.4 § 54.
Salaries of Teachers of Parliamentary Schools.
Teachers of Parliamentary schools will continue to receive the sum payable to them under the Act of 1 and 2 Vict. c. 87, so long as they hold their offices. § 78.
Certificates of Competency.
The principal teacher in every public school must be the holder of a certificate of competency.
1 The Acts of 1803, of 1838, of 1861.
2 Cf. § 36, p. 22.
3 It was proposed in Committee to make it compulsory upon the school board of every parish to provide a house and garden for every teacher, or for every principal teacher, under their control. In reference to this proposal the Lord Advocate said: "The principle of the Bill on this point is that it might be necessary, or it might be convenient, to provide houses and gardens in such places as the school boards thought suitable ; and if they agreed that it was necessary, or short of necessary, convenient, that a certain remuneration be given instead of the house, power was given to do it. . . . Instead of laying down a rigid statutory rule, which might be productive of great inconvenience in particular cases, he thought the matter had better be left to the discretion of school boards."
4 Cf. § 37.
But any one who at the passing of the Act is—
1. Principal teacher of a parish, side, Parliamentary, or
heritors' girls' school;
2. Principal teacher of a burgh school, or subordinate
teacher of a burgh school if he is member of council of a Scotch university;
3. A holder of a certificate from, or registered as a certi
ficated teacher by, the Committee of Council on Education; shall be deemed to be a holder of a certificate of competency, and as such he will be eligible as a teacher in a public school.1 §56.
Examination for Certificates of Competency.
To gain a certificate of competency hereafter, candidates must pass an examination. § 58.
The regulations for the conduct of this examination will be issued by the Department, who will also appoint the examiners.* §57.
If a candidate has taken a degree in arts or science in any university of England, Scotland, or Ireland, the examiners may dispense with his examination in any subject comprised in his degree examination.
But he must satisfy the examiners of his skill in the theory and practice of teaching. § 59.
A school board may permit any teacher of a public school to resign on condition of receiving a retiring allowance, and they
1 Cf. p. 34, note 1.
8 The new Code for England provides, that during the three years ending 31st December 1873, certificates of the third or lowest class may be granted, upon the report of an inspector, to persons above thirty-five years of age, who have been teachers of elementary schools for at least ten years. Since 1st May 1871, 404 certificates of this kind have been granted in England. It is probable that the Scotch Education Department will make temporary provision of a like nature, to meet the case of acting teachers who may be unable the pass the examination required for certificates of a higher class. Cf. Code, article 59, p. 110.
It is probable that arrangements will be made by the Department to enable candidates to combine university with normal school training. Cf. Code, article 102, p. 115.
may pay his retiring allowance which they grant him out of the school fund.
Eights to such allowances under the existing law possessed by any teacher appointed before the passing of the Act will not be affected.1 § 61.
Registrar to perform Statutory Duties imposed upon Schoolmasters not relating to Teaching. The statutory duties not relating to teaching imposed upon the schoolmaster of a parish by the Act of 42 Geo. III. c. 91 2 (the Militia Act), by 7 Will. IV. and 1 Vict. c. 83,s by 8 and 9 Vict. c. 33,* and any similar duties imposed by statute upon the schoolmaster of a parish, will be performed by the teacher in office so long as he continues to be teacher in a public school in the parish. After that these duties will be performed by the registrar. § 76.
Schoolmasters' Widows' Fund.
Contributors to the Schoolmasters' Widows' Fund remain liable in the obligations, and are entitled to the benefits under the Act of 9 and 10 Vict. c. 226.
No teacher appointed to a public school hereafter is bound to contribute to the fund, unless he was a contributor at the passing of the Act. § 77.
There is nothing in this Act to interfere with the passing of a new Widows' Fund Act, the provisions of which might include the establishment of a new fund for the behoof of the widows and children of those teachers who may hereafter be appointed under this Act. This would be matter for private legislation.
Special provisions are made for teachers of higher class schools.
1 For retiring allowances under 24 & 25 Vict. c. 107, cf. Appendix, p. 146.
a By this Act (42 Geo. III. c. 91) the parish schoolmasters have to order returns to be made in writing to the deputy-lieutenants of all the men between 18 and 45 in the parish; to give notice to heads of houses to produce lists of men of these ages; and at subdivision meetings to verify the lists on oath.
3 By this Act (7 Will. IV. and 1 Vict. c. 83) parish schoolmasters are made custodiers of certain public documents deposited with them under the standing orders of either House of Parliament—e. g., maps and plans of works to be executed under the authority of statute.
4 By this Act, The Railway Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict. c. 33), parish schoolmasters are to receive and take care of certain certificates or plans of works.