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Sec. 36. The assessor shall
appear for and on behalf of the district, in all suits bronght by or against the same, when no other directions shall be given by the qualified voters in district merting, except in suits in which he is interested adversely to the district, and in all such cases the direclor shall appear for such district, if no other direction be given as aforesaid.
1. See note to section 27. See also section 123.
SRC. 37. The director shall be the clerk of the district board, and of all district meetings, when present; but if he shall not be present at any district meeting, the qualified voters present may appoint a clerk of such meeting, who shall certify the proceedings thereof to the director, to be recorded by him.
1. See note 3 to section 11. Sec. 38. The director shall record all the proceedings of the district in a book to be kept for that purpose, and preserve copies of all reports made to the school inspectors, and safely preserve and keep all books and papers belonging to his office.
1. The question has arisen whether if the record here provided for has not been kept, or is destroyed or lost, whether the district is entitled to its share of the income of the primary school money. Every school district from which a report has been made according to law, and showing that a school has been kept therein for three months, by a qualified teacher, is entitled to its share of the public moneys. See note 1 to section 4.
Sec. 39. By and with the advice and consent of the moderator and assessor, or one of them, the director shall contract with and hire qualified teachers for, and in the name of the district; which contract shall be in writing, and shall have the consent of the moderator and assessor, or one of them, endorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate thereof shall be filed in his office.
1. The director must contract with and hire such persons as are qualified teachers—such persons as have offered themselves as candidates for teachers of the primary schools before the board of inspectors, and who, having been duly examined by them, or a majority of them, in regard to moral character, learning and ability to teach school, have received from such inspectors a certificate signed by them, or a majority of them, in such form as may have been proscribed by the Superintendent of Public Instruction. No person, who has not such a certificate in force, is legally a qualified teacher, and, by the operation of section 60, no public money can be paid to any teacher who shall not have received such a certificate, before the com. mencement of his school.
2. Every certificate given by the board of inspectors continues in force for two years, within the township. There is no authority for granting a certificate for a longer or shorter period. But a certifioate may be annulled under section 90.
3. The contract with the teacher must in all cases be in writing. A contract made in any other way, is against the express provision of the law, and cannot be made binding on the district. If the director bires a teacher without following the requirements of the law, he makes himself liable to the teacher for the amount of wages contracted to be paid.
4. Unless the contract has been violated in its terms by the teacher, or unless his certificate is annulled by the Inspectors, the district officers cannot dismiss the teacher, without paying him the wages contracted for. Under a written contract, a district cannot withhold pay, to a qualified teacher, if he has not perfomed the services of a teacher, by reason of the neglect or refusal of the inbabitants to send their children to school. The teacher cannot, in this way, be deprived of his pay; nor for such cause, can the district officers dismiss the teacher, so as to affect his pay according to the terms of his contract.
5. It is the business of the director to contract with and hire teachers; but he must do so with the advice and consent of the moderator or assessor, or one of them, and of two trustees in districts having one hundred scholars or over; which consent must be endorsed on the contract. The moderator and assessor have no authority in any other way to employ a teacher, and can not do so, without the action of the director as required in this section.
6. The distribution of the increase of the school fund by the Superintendent is based upon the annual report made by the director. If the report is in conformity with law, the school money is distributed to the township, and the question as to whether the teacher has been legally employed, as for instance by a director who has not filed an acceptance, does not affect the distribution of the public moneys to the township if the school has been kept for the regular term by a qualified teacher.
7. No person, except the proper district officers, has any right to interfere with the management and supervision of the schools, or to
intertere with the authority of the teacher, except as he may do so through such officers: but any person who is liable to pay a school district tax, and possesses the qualifications of a voter therein, may speak and vote at any meeting, whether he has children to send to the school or not.
8. It is the business of the director, with the advice and consent of the other district officers named in this section, to provide & teacher for the school. No district meeting possesses the
power to relieve them from this requirement of the law. Under section 24 the district meeting may determine as to the length of time a school shall be kept, &c.
9. If the district officers continue the teacher after a notice that his certificate has been annulled by the inspectors, it would operate as a continuation of the contract with such teacher.
10. The following form of contract is recommended to the directors of districts, in which it is stipulated that the teacher is to have a certain sum per month, or week, (as the parties agree,) in full of the teacher's services and board. The practice of boarding round,"
" as it is termed, has been found by experience often to be a source of difficulty, trouble and annoyance. There is no authority of law binding the inhabitants to board the teacher; and although it may accommodate and suit the views of some districts, it is believed, in most instances, to be a better course to give the teacher a specific sum and let him board himself.
This form is not compulsory. It is recommended as being that best adapted to subserve the interests of the school. It may be varied to suit the wishes of the districts; that portion which relates to the holy-days may be omitted if it does not suit the views of the inhabitants, or the district officers. Whatever may be the terms of the contract, the manner in which the form is drawn, is in conformity to law, and should be substantially observed.
FORM. CONTRACT, entered into this
185 , between SCHOOL DISTRICT No. of the township of
in the county of , State of Michigan, and A. B-, a qualified teacher in said township; the said A- B- contracts and agrees with the said school district, that he will teach the primary school in said district for the term of months, for weeks commencing on the - day of - 185 , for the sum of dollars per month, (or week) which shall be in full for his services and for board.
In consideration of the premises, the said school district agrees with the said A- B- to pay said A—B— the sum of
dollars per month, (or week] as follows:
It is understood between the said A-B- and the said district that a month shall consist of twenty-six days, exclusive of Sundays; but that the said A- B-shall not be required to teach said school on each alternate Saturday, or in lieu thereof, on the afternoon of every Saturday, at his option; nor on the 4th day of July, the 22d day of February, New Year's, Christmas, Thanksgiving, or on the days of general biennial elections, as provided by law. (Signed,)
CD. Teacher. Approved: E--, Moderator. G H-, Assessor. 5
In districts containing more than one hundred scholars, between the
ages of four and eighteen years, (see section 92,) in addition to the assent of the moderator and assessor, or one of them, the law requires the approval of at least two of the trustees. The contract should be drawn in duplicate, one for the use of the district, and one for the teacher. If a contract is made with a teacher, and at the expiration of the time for which he has contracted to teach the district is without money, the teacher may sue the district. Whenever it is thought advisable, provision may be made in the contract saving the district from this difficulty.
Sec. 40. He shall ascertain, as near as practicable, before the commencement of each school term, the just proportion which each person having scholars to g‘nd to the school, ought to furnish of the fuel for such term, and give each such person at least five days' notice of the time within which he is required to deliver the same at the school house, and if any person shall not deliver his proportion as required, the same shall be furnished by the director, and he amount thereof sl'all be assessed on the rate bill, to the person neglecting to deliver bis proportion as aforesaid.
1. A tax cannot be voted for fuel. This section of the law requires amendment. The mode of ascertaining, as far as practicable before the commencement of each term, the just proportion which each person having scholars to send to school ought to furnish, is not uniform. The last census is sometimes taken as the basis. It appears to be impracticable for the director, previous to the commencement of each term, to visit and enquire of each person how many scholars he will send to school during the term. Many persons do not send till the term has partially expired, and others who the age
send at the commencement take out their children before the close of the term. The only practicable method would seem to be to allow the director to furnish the necessary supply of fuel, and let the amounts due from each person be subsequently assessed in the rate bill. Every person who sends scholars to school, without reference to
of the scholars, is liable on the rate bill. In'whatever mode, however, fuel is furnished, it should be provided at the school house, eut up and prepared for use; schools have frequently been dismissed for the want of this care, and not unfrequently its preperation, cutting it up, &c., is left upon the hands of one or two persons in the district, upon the teacher or the scholars.
Sec. 41. Within ten days next previous to the annual district meeting, the direc!or shall take the census of his district, and make a list in writing of the names of all the children belonging thereto between the ages of four and eighteen years.
1. The construction heretofore given by this department in relation to who are to be included in this census, has been that it embraces all children resident in the district, whether the children of native born citizens, aliens, colored persons, or Indians. All these have a right to participate in the benefits of the school system, except where there has been special legislation, as in the city of Detroit, where a colored school is organized separately. The children who are at the county poor houses may be included in the census.
2. The ages of four and eighteen are fixed upon in taking the census, for the purpose of arriving at some proper basis for apportioning the public money. It is not the law, nor the policy of the law, to exclude those of all other ages from a participation in the benefit of the schools. Those of all ages have the right to attend them as scholars.
3. Section 130 imposes a penalty upon a director who refuses or neglects his duty under this section.
Sec. 42. He shall furnish a copy of such list to each teacher employed in the district, and require such teacher carefully to note the daily attendance of each scholar, and to make return thereof to him, including the ages of all scholars whose names are not on such list; and such teacher shall also certify and return, according to his best information and belief, the name of the person liable for the tuition of each scholar.
Sec. 43. In case the director shall not have furnished such list as aforesaid, the teacher shall keep a list of all the scholars attending school, and the number of days each scholar shall attend the same, with the age