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water supply, and such other expenses as are incidental and necessary in order that the schools may be properly conducted, for deficiencies in such funds for the preceding year, if any, and for the services of district officers. All primary money and mill tax shall be accounted for under the title of "Teachers' wages fund.” All taxes voted for teachers' wages, incidentals and deficiencies and services of officers, when collected and received, shall be accounted for under the title of the general fund: Provided, That if at the close of the school year there is an unused surplus of one mill tax raised for that year, the board shall have authority to transfer such surplus to the general fund: Provided further, That the tax for the services of district officers herein provided for, in districts having less than fifty children, shall not exceed twentyfive dollars, and in districts having between fifty and one hundred children the tax shall not exceed fifty dollars. When the taxes herein provided for have been estimated and voted by the district board they shall be reported for assessment and collection the same as other district taxes. When any tax has been estimated and voted by the district board or by the district under the provisions of law and the money is needed before it can be collected, the district board may borrow on the strength of such tax a sum not exceeding the total of such tax.

Taxes, how reported.

Amount may borrow in anticipation.

Am. 1907, Act 91 ; 1909, Act 83.

School board when to report taxes voted.

(56) § 4675. SEC. 10. The district board, or board of education, shall, between the second Monday in July and the first Monday in August in each year, make out and deliver to the township clerk of each township in which any part of the district is situated, a report in writing under their hands of all taxes voted by the district during the preceding year, and of all taxes which said board is authorized to impose, to be levied on the taxable property of the district.

Am. 1905, Act 36.

Board to ap-
ply moneys
according
to law.

(57) § 4676. SEC. 11. The district board shall apply and pay over all school moneys belonging to the district, in accordance with the provisions of law regulating the same, and no money raised by district tax shall be used for any other purpose than that. for which it was raised, without a consenting vote of two-thirds of the tax-paying voters of the district; and no moneys received from the primary school interest fund, nor from the one-mill tax except as provided by law. shall be appropriated to any other use than the payment of teachers' wages, and no part thereof shall be paid to any teacher who shall not have received a certificate of qualification from proper legal authority before the commencement of his school. No school district shall apply any of the moneys received by it from the primary school interest fund, or from any and all other sources, for the support and main

Sectarian schools barred from public moneys.

tenance of any school of a sectarian character, whether the same be under the control of any religious society, or made sectarian by the school district board.

Proof of qualification.-Sch. Dist. V. Cook, 47 / 112.

make annual

(58) 4677.

§ 4677. SEC. 12. Said board shall present to the Board to district, at each annual meeting, a report in writing, contain- reports. ing an accurate statement of all moneys of the district received by them, or any of them, during the preceding year, and of the disbursements made by them, with the items of such receipts and disbursements. Such report shall also con- Contents of. tain a statement of all taxes assessed upon the taxable property of the district during the preceding year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose, and said report shall be entered by the director in the records of the district.

(59) § 4678. Sec. 13. The district board shall hire and Board contract with such duly qualified teachers as may be re- teachers. quired; and all contracts shall be in writing and signed by a Contracts. majority of the board in behalf of the district. Said con- School register

to be kept. tracts shall specify the wages agreed upon and shall require the teacher to keep a correct list of the pupils, grading and the age of each, attending the school, and the number of days Record of each pupil is present, the aggregate attendance, average daily attendance. attendance and percentage of attendance, and to furnish the director with a correct copy of the same at the close of school. Said contract shall be filed with the director and a duplicate Contract to copy of the contract shall be furnished to the teacher. No contract with any person not holding a legal certificate of have legal qualification then authorizing such person to teach shall be certificate. valid, and all such contracts shall terminate if the certificate shall expire by limitation and shall not immediately be renewed, or if it shall be suspended or revoked by proper legal authority. A school month within the meaning of the school School laws shall consist of four weeks of five days in each week, defined. unless otherwise specified in the teacher's contract.

be filed.

Teacher must

Am. 1901, Acts 62 and 146.

HIRE AND CONTRACT: The district in its corporate capacity is a necessary party to the contract.-Wall v. Eastman, 1/ 270. A teacher can be lawfully employed only by convening, the board.—Hazen v. Lerche, 47 / 626. Contracts may be made before beginning of the school year.-Sch. Dist. v. Cook, 47 / 112; Tappan v. Sch. Dist., 44 / 500; Cleveland v. Amy, 88 / 376; Farrell v. Sch. Dist., 98 / 45. The power to employ teachers conferred upon district boards of primary schools by this section is co-extensive with that conferred upon the boards of trustees of graded schools by section 122.

Id. 376. Where a contract was signed by the director and the teacher, the moderator wrote “approved" upon it and subscribed it as moderator, such approval and signature was treated as, in legal effect, a signing of the contract.-Everett v. Sch. Dist., 30 / 249. When the contract is signed by a majority of the board only.--Crane v. Sch. Dist., 61 / 299. Simultaneous signing is not necessary.-Holloway v. Sch. Dist., 62 / 155 ; Everett v. Sch. Dist., 30 / 249. It is the business of school districts to keep up public schools, and it is the duty of the officers to provide teachers and to make contracts with them. It is their duty to know under what conditions a teacher, whom they know to be teaching, claims to act.-Holloway V. Sch. Dist., 62 / 155. A teacher has a right to suppose his contract to be a valid one when it is signed by a sufficient number of officers and he is, with the personal knowledge of the whole board, permitted and encouraged to go on.

-Id. 156. A contract valid on its face, actually carried out in full with

con

the acquiescence of all concerned, cannot be subsequently repudiated.-Id. The provision that the contract shall require the teacher to keep a list of the pupils, etc., is merely directory. Its omission will not invalidate the contract. -Everett V. Sch. Dist., 30 / 249. A district school board cannot discharge a teacher for incompetency, in the absence of a provision to that effect in the contract. —Carver v. Sch. Dist., 113 / 524. Where a contract has been terminated by the board, mandamus will not lie to review the board's action and compel payment of salary claimed under the contract. Cofin v. Detroit Bd. of Ed., 114 / 342; Langston v. Sch. Dist. No. 3 of Springwells, 121 / 654. A resolution to hire does not constitute a contract. All contracts must be in writing.–Langston v. Sch. Dist. No. 3 of Springwells, 121 / 654.

QUALIFIED TEACHER: A teacher sning for his wages need not make profert of his certificate, but the granting of it may be proved by parol.Sch. Dist. v. Cook, 47 / 112. Normal school certificate not filed or recorded in the proper office (see How. 4969) until after contract made.-Smith v. Sch. Dist., 69 / 591. Since the statute makes invalid a contract, where the teacher holds no legal certificate, such contract cannot be made the basis of a recovery of salary.-Bryan v. Sch. Dist., 111 / 67.

HOLIDAYS AND INTERRUPTIONS : Teaching contracts for stated periods, are subject to the observance of recognized holidays and there can be no deductions for such occasions from a teacher's wages.-Sch. Dist. v. Gage, 39 / 484; Holloway v. Sch. Dist., 62 / 156. Suspension of school during the prevalence of smallpox is no defense to the payment of the teacher's wages for the time the school is closed.—Dewey v. Sch. Dist., 43 / 480. Payment of wages after the burning of the schoolhouse.—Smith v. Sch. Dist., 69/ 589.

WAGES NOT GARNISHABLE: A teacher's wages cannot be reached by garnishment.-Sch. Dist. V. Gage, 43 / 484.

CONTRACTS: Under this section, providing that school teachers' tracts shall be in writing, and signed by a majority of the district board, and shall specify the wages, etc., a resolution of a school board authorizing the employment of a specified person, though supplemented by conversations between such person and individual members of the board in respect to the terms of employment, and by the action of the person designated in appearing at the school at the opening of the term, and teaching for two days without objection, does not constitute a contract of hiring binding upon the district.—Langston v.

Sch. Dist.

3 of Springwells Twp., 121 / 654. Under a teacher's contract providing that she should teach certain terms at a stipulated salary "providing satisfaction is given to the school board” the board had a right to say whether she should teach the spring term, and she having been notified of their determination not to employ her before the time for the term to commence she could not recover her salary though before notice she had taught one day under a claim that the spring term had begun.-Kingston v. Sch. Dist. No. 5, Decatur Twp., 140 / 603. When a teacher's contract provides that it may be terminated on thirty days' notice, a notice to terminato is effectual though given before the commencement of service and it is within the powers of the board of education to make such contract.-Dees

Board of Education of Detroit, 146 / 64. Under the above section, requiring all contracts by school district boards with teachers to be in writing, an oral contract with a teacher to continue the school for a month after the expiration of his written contract is not enforceable, though such teacher has performed the services.—Hutchins v. School District No. 1 of Colfax Township, 128 / 177.

CONTRACTS AND QUALIFIED TEACHERS: A contract between teacher and a graded school district is invalid, unless the teacher, at the time of making the contract has the certificate required by section 176, authorizing ber to teach during the term covered by the contract; obtaining a certificate after the making of the contract, and before the commencement of school, is not a compliance with the statute.--McCloskey v. Sch. Dist. No. 5 Wheatland, 134 / 235.

No.

a

Care and use (60) $ 4679. SEC. 14. The district board shall provide of schoolhouse.

a water supply for pupils, have the care and custody of the schoolhouse and other property of the district, except so far as the same shall by vote of the district be especially confided to the custody of the director, including all books purchased for the use of indigent pupils, and shall open the schoolhouse

for public meetings unless by a vote at a district meeting it Board may

shall be determined otherwise: Provided, That said board exclude public meetings at may exclude such public meetings during the five school days certain times.

of each week of any and all school terms, or such parts there of as in their discretion they may deem for the best interest of the schools.

Am. 1901, Act 146.

The board has the care and custody of all the property and moneys of the district, except what may be especially confided to the director.—Manard V. Woodward, 36 / 424; Eckhardt v. Darby, 118 / 199.

(61) § 4680. SEC. 15. The district board shall specify Board to the studies to be pursued in the schools of the district [dis- studies, tricts), and in addition to the branches in which instruction etc. is now required by law to be given in the public schools of the state, instruction shall be given in physiology and hygiene, with a special reference to the nature of alcohol and narcotics, and their effects upon the human system. Such instruction shall be given by the aid of text books in the case of pupils who are able to read, and as thoroughly as in other studies pursued in the same school. The text books to be Kind of used for such instruction shall give at least one-fourth of to be used. their space to the consideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall contain at least twenty pages of matter relating to this subject. Text books used in Text-books, giving the foregoing instructions shall first be approved by approved, the state board of education. Each school board making a etc. selection of text books under the provisions of this act shall make a record thereof in their proceedings, and text books once adopted under the provisions of this act shall not be changed within five years, except by the consent of a majority of the qualified voters of the district present at an annual meeting, or at a special meeting called for that purpose. The district Boardeto board shall require each teacher in the public schools of such teacher to district, before placing the school register in the hands of the certify, etc. directors [director], as provided in section thirteen of this act, to certify therein whether or not instruction has been given in the school or grade presided over by such teacher, as required by this act, and it shall be the duty of the director of the district to file with the township clerk a certified copy of such certificate. Any school board neglecting or refusing Punishment to comply with any of the provisions of this act shall be subject to fine or forfeiture the same as for neglect of any other duty pertaining to their office. This act shall apply to all schools in the state, including schools in cities or villages, whether incorporated under special charter or under the general laws.

text-books

for neglect.

Western Pub. House v. Sch. Dist., 94 / 265. This section applies to city schools organized under a special charter which does not provide for an annual school meeting.—Jones v. Board of Ed. of Detroit, 88 / 373.

The power to adopt text-books is conferred by law and cannot be affected by any rule of the board of education fixing a time for the reconsideration of motions and resolutions.-Id. 347. As to suspensions of by-law regulating adoption of text-books, see Kendall v. Board of Education, 106 / 681.

TEXT-BOOKS: The provision of the law that text-books once adopted shall not be changed within five years, was designed to protect the public and not for the benefit of book publishers. A resolution of the board directing the purchase of a specified number of text-books for use in the school constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the books were completely installed in the school. The provisions of the statute that all text-books shall be uniform in any one subject, requires uniformity in the looks used in the same grade only, and does not require that all text-books used in the different grades on the same subject shall be of the same series. A resolution

of the board to purchase certain text-books for "supplementary use" shows no intention to adopt, and is illegal and void.—Att'y Gen. ex rel. Marr v. Bd. Edu. Detroit, 133 / 681.

Purchase of books for

Board to establish rules for schools.

(62) § 4681. SEC. 16. The district board may purchase poor children. at the expense of the district, such text books as may be nec

essary for the use of children when parents are not able to furnish the same, and they shall include the amount of such purchase in the report to the township clerk or clerks, to be levied in like manner as other district taxes.

(63) $ 4682. SEC. 17. The district board shall have the general care of the school, and shall make and enforce suitable rules and regulations for its government and manage

ment, and for the preservation of the property of the district. May suspend Said board may authorize or order the suspension or expulor expel disorderly

sion from the school, whenever in its judgment the interests pupils. of the school demand it, of any pupil guilty of gross misPenalty for demeanor or persistent disobedience. Any person who shall disturbing

disturb any school by rude and indecent behavior, or by profane or indecent discourse, or in any other way make such disturbance, shall, on conviction thereof, be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days.

school.

EXPULSION: It is not necessary that a pupil be guilty of a criminal act before he can be suspended or expelled from school. He must be guilty of some wilful or malicious act of detriment to the school and the misconduct must be gross—something more than a petty or trivial offense against the rules-or he must be persistent in his disobedience of the proper and reasonable rules and regulations of the school. A boy cannot be expelled or suspended for a careless act, no matter how negligent, if it is not wilful or malicious.-Holman v. Sch. Dist., 77 / 609.

MISDEMEANOR : The meaning of the word “misdemeanor" in this section is gross misconduct or gross misbehavior, not necessarily a criminal act. -Holman v. Sch. Dist., 77 7 606-7.

The ruling of the school board of 1894 required all children to be vaccinated before attending the public school. George Mathews, having three children of school age who had not been vaccinated, brought mandamus proceedings in the circuit court to compel the school board to admit the children to the public school. Held, that school board under this section had no authority to compel children to be vaccinated before entering public school. It is the opinion of the court, however, that in case there had been an epidemic of smallpox in the city at that time the board would have the authority to temporarily close the school, or say who shall be excluded from the school until the epidemic is passed. A school district board, by virtue of the authority conferred on it by statute to enact rules for the management of the schools, has no power to adopt a general, continuing rule, operative without regard to varying conditions, excluding from the schools all pupils who have not been vaccinated.-Mathews v. Kalamazoo Board of Education, 127 / 530.

RULES: A board of education under authority of the statute has power to make rules requiring children to go directly home after school.—A principal is not liable for damages who enforces such a rule.—Jones v. Cody, 132 / 13.

(64) $ 4683. SEC. 18. . All persons residents of any school district, and five years of age, shall have an equal right to attend any school therein; and no separate school or department shall be kept for any persons on account of race or color: Provided, That this shall not be construed to prevent the grading of schools according to the intellectual progress of the pupil, to be taught in separate places as may be deemed expedient.

Who can attend school.

No separate school on account of

race, etc.

Grading not prevented.

It is the requirement of the general law that the right to attend the

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