not to be interested in contracts in certain cases. receive any gift or reward for his influence in recommending School officers the purchase or use of any library or school book or school apparatus, or furniture whatever, nor shall any school officer be personally interested in any way whatever in any contract with the district in which he may hold office. Any act or neglect herein prohibited, performed by any such officer, superintendent, or teacher, shall be deemed a misdemeanor. Where this act shall apply. (147) § 4774. SEC. 10. All provisions of this act shall apply and be in force in every school district, township, city and village in this state, except such as may be inconsistent with the direct provisions of some special enactment of the legislature. Johnston v. Mitchell, 120/589; Detroit Bd. of Education V. Moross, 151 / 625. MISCELLANEOUS PROVISIONS RELATIVE TO EDU- TEXT BOOKS. An Act to regulate the uniformity of, and to provide free school textbooks in public schools throughout the state, and the distribution of the same, and to repeal all statutes and acts contravening the provisions of this act. [Act 147, 1889.] The People of the State of Michigan enact: (148) §. 4775. SECTION 1. That from and after June When board to purchase thirtieth, eighteen hundred and ninety, each school board of text-books. the state shall purchase, when authorized, as hereinafter provided, the text-books used by the pupils of the schools in its district in each of the following subjects, to wit; Orthogra· Subjects. phy, spelling, writing, reading, geography, arithmetic, grammar (including language lessons), national and state history, civil government, and physiology and hygiene; but text-books Change. once adopted under the provisions of this act shall not be changed within five years: Provided, That the text-book on Proviso. the subject of physiology and hygiene must be approved by the state board of education, and shall in every way comply with section fifteen of act number one hundred and sixty-five of the public acts of eighteen hundred and eighty-seven, approved June ninth, eighteen hundred and eighty-seven: And Further Provided further, That all text-books used in any school dis- proviso. trict shall be uniform in any one subject. The section above referred to is section 61. FREE TEXT-BOOKS: It has never been claimed that school boards have the power to furnish free text-books except by virtue of special legislation.Bd. of Education v. Detroit, 80/548. TEXT-BOOKS: The provision of the law that 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 text-book for use in the schools constituted an adoption of that book. The five years began to run from the date of such resolution, not from the time the book was completely installed in the school. 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'l, ex rel. Marr v. Bd. of Edu. Detroit; D. C. Heath & Co. v. same, 133/681. to select (149) § 4776. SEC. 2. The district board of each school Board district shall select the kind of text-books on subjects enumer- the kind. ated in section one to be taught in schools of their respective districts: Provided, That nothing herein contained shall re- Proviso. quire any change in text-books now in use in such district. Notice to vote on question. Books to be property of district, etc. Proviso. Further proviso. Board to contract with pub lishers, etc. Proviso. Board to They shall cause to be posted in a conspicuous place, at least ten days prior to the first annual school meeting from and after the passage of this act, a notice that those qualified to vote upon the question of raising money in said district shall vote at such annual meeting to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters as above provided present at such meeting shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report to the superintendent of public instruction. The district board shall take the necessary steps to purchase such books for the use of all pupils in the several schools of their district, as hereinafter provided. The text-books so purchased shall be the property of the district purchasing the same, and shall be loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, That nothing herein contained shall prevent any person from buying his or her books from the district board of the school in which he or she may attend: Provided further, That nothing herein contained shall prevent any district having once adopted or rejected free text-books from taking further action on the same at any subsequent annual meeting. (150) § 4777. SEC. 3. It shall be the duty of the district board of any school district adopting free text-books provided for in this act to make a contract with some dealer or publisher to furnish books used in said district at a price not greater than the net wholesale price of such books: Provided, That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract. (151) § 4778. SEC. 4. The district board of every school district in the state adopting free text-books under this act shall make and prepare annually an estimate of the amount of money necessary to be raised to comply with the conditions of this act, and shall add such amount to the annual estimates made for money to be raised for school purposes, for the next ensuing year. Said sum shall be in addition to the amount now provided by law to be raised; which amount each township clerk shall certify to the supervisor of his township to be assessed upon the taxable property of the respective districts as provided by law for raising the regular annual estimates of the respective district boards for school purposes, and when collected shall be paid to the district treasurer in the same manner as all other money be longing to said district is paid. to purchase (152) § 4779. SEC. 5. On the first day of February next when director after the tax shall have been levied, the director of said dis- books, etc. trict may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moder ator, upon the treasurer or assessor of the district for price of the books so purchased, including the cost of transportation. neglect of demeanor. (153) § 4780. SEC. 6. If the officers of any school dis- Refusal or trict, which has so voted to supply itself with text-books, duty a misshall refuse or neglect to purchase at the expense of the district for the use of the pupils thereof, the text-books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or member of such board so refusing or neglecting shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of Penalty. competent jurisdiction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail . for a period not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court: Provided, Proviso. That any district board may buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board: Provided further, That school districts Further in cities organized under special charters shall be exempt from the provisions of this act, but such districts may, when In cities, so authorized by a majority vote of their district boards, submit quessubmit the question of free text-books to the qualified voters tion to voters of said districts. If a majority of the qualified electors vote in favor of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act. SPECIAL CHARTERS: The action of the Detroit board of education, in including in its annual estimate a sum for free text-books, in the absence of authority from a majority of the qualified electors, as provided in this section, was held absolutely void.-Bd. of Ed. v. Detroit, 80 / 551. proviso. boards may of district. AGRICULTURAL COLLEGE COURSE. An Act to prescribe and define a course of studies to be taught in the district schools of this state which shall be known as the agricultural college course. [Act 181, 1897.] The People of the State of Michigan enact: (154) 4791. SECTION 1. That the superintendent of Who to prepublic instruction shall prepare for district schools a course pare course of study, comprising the branches now required for third of study. College catalogue to grade certificates, which shall be known and designated "the agricultural college course," and upon the satisfactory completion of this course of study, as evidenced by a diploma or certificate, duly signed by the county commissioner of schools, pupils shall be admitted to the freshman class of the agricultural college without further examination. It shall be the be forwarded duty of the secretary of the agricultural college each year to send to each rural school district in the state a college catalogue, and upon application to furnish to such schools such other information as may be desired relative to said college. Such catalogue and other information shall be kept in each school for reference. to school districts. Duty of district board. Qualifica ers, etc. KINDERGARTEN WORK. An Act authorizing the introduction of the kindergarten method in the public schools of this state. *[Act 119, 1891.] The People of the State of Michigan enact: (155) § 4792. SECTION 1. That in addition to the duties imposed by law upon the district board of every school district in this state, they shall also be empowered to provide a suitable room or apartment for kindergarten work, and to supply their district respectively with the necessary apparatus and appliances for the instruction of children in what is known as the kindergarten method. (156) § 4793. SEC. 2. In the employment of teachers it tions of teach- shall be competent for such district board to require qualifications for instruction of children in kindergarten methods, and the district board may provide by contract with the teacher for such instruction, specifying the hours and times therefor under such rules as the district board may prescribe (157) § 4794. SEC. 3. All children residing within the district between the ages of four and seven shall be entitled to instructions in the kindergarten department of such district school. What children entitled to instruction. Act to apply (158) § 4795. SEC. 4. The powers and duties herein imto certain other schools. posed or conferred upon the district shall also be and the same are hereby imposed and conferred upon the school trustees or board of education or other body, by whatever name known, managing or controlling the public schools in each city and village of this state; and this act is hereby made applicable to every public school organized by special act or by charter as fully as if they were named herein. As to certificates, and payment of kindergarten teachers, see section 324. |