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Organization of board.

Vacancies.

as described in section one of this chapter. The board of education shall annually, and within fifteen days after the annual meeting, or within fifteen days after the organization under this act, elect from its own number a president, a secretary, and a treasurer, and for cause may remove the same from such offices and may appoint others of their own number in such places, and these officers shall perform the duties prescribed by the general school law for the moderator, director, and treasurer of the district, except as hereinafter provided. The board of education shall have power to fill any vacancy that may occur in its number until the next annual meeting, and if three vacancies occur at the same time, a special meeting of the district shall be called to elect members of the board to fill such places. Within ten days after his appointment the treasurer of the board shall file with the secretary a bond, either personal or surety, in such sum as the board of education shall approve, not less than double the amount of money to come into his hands during his term of office. If a personal bond is filed there shall be at least

two sureties, each of whom shall justify under oath to the Appointment full amount of the bond. If a surety bond is purchased it

may be at the expense of the district. Whenever, in any case, the board of education shall fail or neglect to elect the officers of the board named in this section within fifteen days next after the annual meeting, or after the organization of the district, the school inspectors of the township or city to which such district makes its annual report shall appoint the said officers from the number of said board.

Bond of treasurer.

of officers.

Am. 1901, Act 165; 1907, Act 247.

VACANCIES—COSTS: The minority of a school board have no authority to commence an action in its name, and, if they do so, they will be individually responsible for the costs.---Johnston v. Mitchell, 120 / 589.

Board of education.

To determine course of study.

high school.

(122) § 4748. SEC. 3. It shall be the duty of the board of education in any graded school district:

First, To determine the course of study to be pursued and to cause the pupils attending school in such district to be taught in such schools or departments as they may deem

expedient; To establish Second, To establish in such district a high school, when

directed by a vote of the district at any annual or special meeting, and to determine the qualifications for admission to such high school and the fees to be paid for tuition by

non-resident students: Provided, That when non-resident non-residents. students, their parents or legal guardians shall pay a school

tax in said district, the same shall be credited on their tuition a sum not to exceed the amount of such tuition, and they shall only be required to pay tuition for the difference between the amount of the tax and the amount charged for tuition ;

Third, To audit and order the payment of all accounts of the secretary for incidentals or other expenses incurred by him in the discharge of his duties; but not more than one

Proviso, tuition of

To audit accounts of secretary.

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superin-,
tendent.

hundred dollars shall be expended by the secretary in one year for repairs of buildings or appurtenances of the district property or for necessary appendages without the authority of the board of education;

Fourth, To estimate and vote the amount of tax necessary, To estimate in addition to other school funds, for teachers' wages, fuel amount of and incidental expenses, for the ensuing year, and when the tax. voters fail or neglect to vote the same, to estimate and vote the amount of tax necessary for salaries of officers and servants, and when such tax has been voted by the board of education it shall be reported to the assessing officer in the same manner as other taxes of the district are reported; Fifth, In all villages and cities organized as graded school To employ

superintendent districts under the provisions of this act, in which districts of schools. six or more teachers are employed, to employ a superintendent of schools who shall be the holder of at least a state life certificate or a normal school diploma, or who shall have educational qualifications equivalent thereto, and said superin- Duties of tendent shall have the following duties:

(a) To recommend in writing all teachers necessary for the schools, and to suspend any teacher for cause until the board of education, or a committee of such board, may consider such suspension;

(b) To classify and control the promotion of pupils;

(c) To recommend to the board the best methods of arranging the course of study and the proper text-books to be used;

(d) To make reports in writing to the board of education and to the superintendent of public instruction annually or oftener if required, in regard to all matters pertaining to the educational interests of the district;

(e) To supervise and direct the work of the teachers;

(f) To assist the board in all matters pertaining to the general welfare of the school and to perform such other duties as the board may determine.

Sixth, To employ all legally qualified teachers necessary for To employ the several schools upon recommendation of the superintend- determine ent, and to determine the amount of their compensation, salary of, etc. and to require the secretary and president to make contracts with the same on behalf of the district in accordance with the provisions of law governing contracts with teachers: Provided, That the board of education may employ a teacher Proviso. not recommended by the superintendent, or may reinstate a teacher suspended by the superintendent;

Seventh, To employ such other officers and servants as may To employ be necessary for the management of the schools and school officers. property, and to prescribe their duties and fix their compensation;

Eighth, To perform such other duties as are required of Other duties district boards in other school districts, or as may be necessary to the general welfare of the school and district.

of board.

Am. 1907, Act 247.

FIRST: To classify and grade.- People v. Detroit Bd. of Ed., 18 / 412. Under our system it is common and convenient to have the various grades in one building and there is nothing illegal in it.-Hathaway v. New Baltimore, 48 / 255. The authority to classify and grade the pupils and prescribe the course of studies confers the power to provide for teaching music and to purchase a piano for such purpose.Knabe v. Board of Education, 67 / 262.

FOURTH : A contract with a qualified teacher, made pursuant to a resolution adopted by a majority of the trustees and signed by the moderator and assessor and one of the trustees, is valid though not signed by the director.-Farrel v. Sch. Dist., 98 / 43 (citing Crane v. Sch. Dist., 61 | 299). The board has power to employ a qualified teacher for the ensuing year prior to the annual school meeting.-Id., (citing Tappan v. Sch. Dist., 44 / 500; Cleveland v. Amy, 88 / 374). The power to employ teachers conferred upon the district boards of primary schools is co-extensive with that conferred upon the boards of trustees of graded schools.-Cleveland v. Amy, 88 / 376. Teachers in graded schools are required to have certificates in the same manner as teachers in primary schools ; but person employed by the board to superintend and manage the schools need not be a teacher nor have a teacher's certificate.-Davis v. Sch. Dist., 81 / 214. The trustees are empowered to employ all teachers necessary, and what teachers are necessary is left to be decided by their sound discretion.—Tappan v. Sch. Dist., 44 / 502.

FIFTH: The power to appoint a superintendent of schools is incident to the full control which by law the board has over the schools. -Stuart v. Sch. Dist., 30/ 85. Qualification of superintendent, see Davis V. Sch. Dist., 81/ 219-20.

SIXTH : A contract between a 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 her to teach during the term covered by the contract; obtaining a certificate after the making of the contract, and before commencement of school, is not a compliance with the statute.-McCloskey V. Sch. Dist., 134 / 235. '

a

Altering

districts.

Proviso, appeal.

(123) $ 4749. SEC. 4. No alterations shall be made in boundaries of the boundaries of any graded school district without the con

sent of a majority of the trustees of said district, which consent shall be spread upon the record of the district, and placed on file in the office of the clerk of the township or city to which the reports of said district are made: Provided, however, That any three or more taxpaying electors having children between the ages of five and twelve years, residing one and one-half miles or more from a schoolhouse in such district, feeling themselves aggrieved by any action, order or decision of the board of trustees with reference to the alteration of said school district affecting their interests, may,' at any time within sixty days from the time of such action on the part of said board of trustees, appeal from such action, order or decision of such board of school trustees to the judge of probate of the county in which such schoolhouse is situated, in the same manner, as nearly as may be, as appeals from the action of the township board, as provided by chapter nine of this act. Said appellants shall file a bond with said judge of probate, with sufficient sureties to be approved by said judge of probate, in the penal sum of not exceeding two hundred dollars in the discretion of the court, indemnifying said school district of any and all costs made on such appeal in case the appellants shall not prevail

therein. Whereupon said judge of probate shall be empowprobate to

ered to entertain such appeal, and review, confirm or set aside or amend the action of the board of trustees appealed from.

Bond, amount of, where filed.

Judge of

review
action.

Am. 1899, Act 258; 1909, Act 83.
NO ALTERATION: People v. Ryan, 19 / 207 ; Simpkins V. Ward, 45 /

Burnett v. Inspectors, 97 / 103. Addition of territory by legislative action.--Keweenaw Ass'n v. Sch. Dist., 98 / 439-41.

559;

(124) § 4750. Sec. 5. Whenever two or more contigu- Graded ous districts, having together more than one hundred children district, between the ages of five and twenty years, after having pub- certain dislished in the notices of the annual meetings of each district unite for. the intention to take such action, shall severally, by a vote of a majority of the qualified voters attending the annual meetings in said districts, determine to unite for the purpose of establishing a graded school district under the provisions of this chapter, the township board of the township or town-Township ships in which such districts may be situated shall, on being

duty of. properly notified of such vote, proceed to unite such districts, and shall appoint as soon as practicable a time and place for a meeting of the new district, and shall require three notices Notices, of the same to be posted in each of the districts so united at posting of. least five days before the time of such meeting, and at such meeting the district shall elect a board of trustees, as pro- Board of vided in section one of this chapter, and may do whatever election of. business may be done at any annual meeting.

board,

Am. 1909, Act 83.

(125) § 4751. SEC. 6. Whenever the trustees of any or- Primary ganized graded school district shall be presented twenty days districts, before the annual meeting thereof with a petition signed by When may ten voters of said district, stating that it is the desire of said petitioners that at the annual meeting of said school district there shall be submitted to said annual meeting the proposition to change from a graded school district to one or more primary school districts, the said trustees shall, in their notice of such annual meeting, state that the proposition set forth in said petition will be presented to said meeting, and if two-thirds of the qualified voters present at said meeting shall vote to change to one or more primary school districts such change shall be made, and it shall be the duty of the Township township board of the township or townships in which such Luty of. district is situated, upon being duly notified of such vote, to proceed to change or divide such district as determined by such annual meeting, and they shall provide for the holding of the first meeting in the, or each of the, proposed primary First school districts in the same manner as is provided for by law meeting. for the organization of primary school districts, and whenever a fractional graded school district shall be so changed, the Fractional township boards of the respective townships where such districts. graded school district is situated shall organize the said district into one or more primary school districts, as provided for by law.

Am. Id.

CHAPTER XI.

LIBRARIES.

Township
or city may
maintain
library.

Proviso,

(126) 4752. Section 1. A library may be maintained in each organized township or city which shall be the property of the township or city and under the control of the township board of said township or the board of education of the village or city. All actions relating to such library or for the recovery of any penalties lawfully established in relation thereto, shall be brought in the name of the township

or city: Provided, That if in the judgment of said township abandonment. board the people of said township will be better served by

disposing of said library to the several school districts of the township, said board shall have authority to take such action, or the said board may authorize the merging of the township library into a free public library in accordance with the statutes authorizing the establishment of such free public libraries, and after such merging the free public library so established shall receive all the books of the former township library, and the township library shall be consid

ered abandoned : Provided further, That when any legal proviso, in

action is taken or becomes necessary concerning the township library the township clerk shall represent the township in

all actions concerning said library: Provided further, That township

when any township has already been organized as a township school district or shall hereafter be organized as a township school district, the control of the township library shall pass from the township board to the board of education of such township, and all rights, powers and duties heretofore exercised by the said township board or the members thereof shall be thereafter exercised and performed by the township board of education through the proper officers.

Further

case of
legal action.

Further proviso,

school district.

Am. 1909, Act 32.

Who are entitled to privileges of library.

Proviso.

Township library, who to have charge of, etc.

(127) S 4753. SEC. 2.

All persons who are residents of the township shall be entitled to the privileges of the township library, subject to such rules and regulations as may be lawfully established in relation thereto: Provided, That persons residing within the boundaries of any school district in which a district library has been established shall be entitled to the privileges of such district library only.

(128) S 4754. SEC. 3. The township board shall have charge of the township library and the township treasurer shall apply for and receive from proper authorities all moneys appropriated for the township library and shall keep a separate account of such funds. The township treasurer shall pay out such library moneys on the order of the township clerk, countersigned by the supervisor. The township board shall purchase books and procure the necessary append.

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