Bible to be R. S. 23, § 23. 1855, 410. those other virtues which are the ornament of human society and the basis upon which a republican constitution is founded; and they shall endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above mentioned virtues to preserve and perfect a republican constitution and secure the blessings of liberty as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices. SECTION 31. A portion of the Bible shall be read daily 1826, 143, § 7. in the public schools, without written note or oral comment; but a pupil whose parent or guardian informs the teacher in writing that he has conscientious scruples against it, shall not be required to read from any particular version, or to take any personal part in the reading. The school committee shall not purchase or use in the public schools school books favoring the tenets of any particular religious sect. P. S. 44, § 32. 12 Allen, 127. Observance of Memorial Day. 1890, 111. R. L. 42, § 20. Vivisection and dissection regulated. 1894, 151. R. L. 42, § 21. Forfeiture for town's neglect to raise money for schools. 1692-3, 26, § 5. Memorial Day. SECTION 32. In all the public schools the last regular session, or a portion thereof, prior to May thirtieth, known as Memorial Day, shall be devoted to patriotic exercises. Vivisection and Dissection. SECTION 33. No person shall, in the presence of a pupil in any public school, practice vivisection, or exhibit a vivisected animal. Dissection of dead animals or any portions thereof in such schools shall be confined to the class room and to the presence of pupils engaged in the study to be promoted thereby, and shall in no case be for the purpose of exhibition. Violation of this section shall be punished by a fine of not less than ten nor more than fifty dollars. Support of Public Schools. SECTION 34. Towns shall raise by taxation money necessary for the support of public schools as required by C. L. 137; 305. this chapter. For refusal or neglect so to do a town shall forfeit to the county an amount equal to twice the highest sum ever before voted for the support of the schools in the town, or for refusal or neglect to choose a school committee or to comply for one year with section 1701-2, 10, I 1718-19, 2. 1789, 19, §§ 6, 7. 1826, 143, §§ 4, 10, 19. 1829, 116. §§ 9, 32, 60, 61. 252, §§ 4, 5. sixty-eight, it shall forfeit not less than five hundred nor R. S. 23, more than one thousand dollars. Three fourths of any 1859, 238; forfeiture so recovered shall be paid by the county treas- G. S. 38, §§ 12, urer to the school committee, if any, otherwise to the selectmen of the delinquent town, who shall expend it for the support of the schools thereof as if regularly appropriated by the town therefor. 1920, 78. SCHOOL COMMITTEES. 116 Mass. 365. 10 Met. 508. R. L. 42, § 25. 14, 15; 36. 1871, 145. 19, 20, 46. §§ 22-24, 49. 1919, 292, § 9. ment of term. 134. P. S. 44, § 25. a Secretary. in Records. 1838, 105, § 3. be P. S. 44, 27. G. S. 38, § 22. R. L. 42, § 26. SECTION 35. In cities where no other provision is Commencemade in the charter thereof, the term of office of members 1846, 223, § 1. of the school committee shall begin at the same time with 16, 18,4$ 20. that of the members of the city council. SECTION 36. The school committee shall appoint secretary who shall keep a permanent record book, which all its votes, orders and proceedings shall recorded. SECTION 37. It shall have general charge of all the Duties of public schools, including the evening schools and evening mittee. high schools, and of vocational schools and departments P. S. 44, It may determine, 1883, 174, § 2. when not otherwise provided for. subject to this chapter, the number of weeks and the hours 1886, 236, 2. during which such schools shall be in session, and may R. L. 42, § 27. make regulations as to attendance therein. 180 Mass. 20. school com G. S. 38, § 16. §§ 7, 21. 1898, 496, § 6. 1918, 257, $ 180. teachers. SECTION 38. It shall elect and contract with the Committee to teachers of the public schools, shall require full and satis- contract with factory evidence of their moral character, and shall ascer- 1838, 105, § 2. tain their qualifications for teaching and their capacity : for the government of schools. SECTION 39. No public school committee or official Inquiry as to shall inquire concerning, or require or solicit from an ap- politics of canplicant for a position in the public schools any informa- teachers tion as to, his religious belief, creed or practice, or his 1917, 84. political opinions or affiliations; and no appointment to 4Op. A. G. 418. such a position shall be in any manner affected thereby. Violation of this section shall be punished by a fine of not more than fifty dollars. Minimum salary for teachers. 1918, 197. 1921, 420, § 4. 1 Op. A. G. 576. 2 Op. A. G. 240. Tenure of R. L. 42, § 32. Discharge of G. S. 38, § 25. §§ 2, 4, 5, 7, 8. 12 Gray, 339. 9 Allen, 94. 236 Mass. 5. SECTION 40. (As amended by chapter 420, Acts of 1921.) The compensation of every teacher employed in any public day school in the commonwealth, except persons in training and those employed as temporary substitutes, shall be at a rate of not less than seven hundred and fifty dollars for the school year in that school. SECTION 41. Every school committee, except in Boston, in electing a teacher or superintendent, who has served in its public schools for the three previous consecutive school years, other than a union or district superintendent, shall employ him to serve at its discretion; but any school committee may elect a teacher who has served in its schools for not less than one school year to serve at such discretion. SECTION 42. (As amended by chapter 293, Acts of 1921.) The school committee may dismiss any teacher, but in every town except Boston no teacher or superintendent, other than a union or district superintendent, shall be dismissed unless by a two thirds vote of the whole committee. In every such town a teacher or superintendent 123 Mass. 545. employed at discretion under the preceding section shall not be dismissed unless at least thirty days prior to the meeting, exclusive of customary vacation periods, at which the vote is to be taken, he shall have been notified of such intended vote, nor unless, if he so requests, he shall have been given a statement by the committee of the reasons for which his dismissal is proposed; nor unless, if he so requests, he has been given a hearing before the school committee, at which he may be accompanied by a witness; nor unless, in the case of a teacher, the superintendent shall have given the committee his recommendations thereon. Neither this nor the preceding section shall affect the right of a committee to suspend a teacher or superintendent for unbecoming conduct, or to dismiss a teacher whenever an actual decrease in the number of pupils in the schools of the town renders such action advisable. No teacher or superintendent who has been lawfully dismissed shall receive compensation for services rendered thereafter, or for any period of lawful suspension followed by dismissal. Reduction of salary. 1914, 714, §§ 3, 8. SECTION 43. The salary of no teacher employed in any town except Boston to serve at discretion shall be reduced without his consent except by a general salary revision affecting equally all teachers of the same salary grade in the town. The salary of no superintendent so employed shall be reduced without his consent until at least one year after the committee has so voted. to be restricted of certain SECTION 44. No committee shall by rule, regulation, or Teachers not otherwise, restrict any teacher in, or dismiss him for, exer- in the exercise cising his right of suffrage, signing nomination papers, rights. petitioning the general court or appearing before its com- 1913, 628. mittees, to the extent that such rights, except voting, are not exercised on the school premises during school hours, or when their exercise would actually interfere with the performance of school duties. curing teachers' regulated. §§ 2, 4. SECTION 45. No person shall demand or accept from Fees for proany applicant for the position of teacher in the public positions schools a fee or other compensation exceeding two dollars, 1911, 731, and no additional sum shall be charged to cover expenses AG. or for any other reason, except that further compensation, (1920) 74. not exceeding five per cent of the teacher's salary for the first year, provided the position is open to the teacher for said period, may be charged for procuring such position. Violation of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars. Mentally Retarded Children. mentally re tarded children. $$ 56, 79, 80. 1919, 277; 350, SECTION 46. The school committee of every town shall Instruction of annually ascertain, under regulations prescribed by the department and the commissioner of mental diseases, the number of children three years or more retarded in mental development in attendance upon its public schools, or of school age and resident therein. At the beginning of each school year, the committee of every town where there are ten or more such children shall establish special classes for their instruction according to their mental attainments, under regulations prescribed by the department. School Organizations. may supervise other school 1906, 251. SECTION 47. The committee may supervise and control Committee all athletic and other organizations composed of public athletic and school pupils and bearing the school name or organized organizations. in connection therewith. It may directly or through an 1911, 314. authorized representative determine under what condi- 1919, 292, § 4. tions the same may compete with similar organizations in other schools. Expenditures by the committee for the Textbooks and 1826, 143, § 7. supervision of play and games on land under the committee's control, or for the equipment thereof, shall be deemed to be for a school purpose. Free Textbooks and School Supplies. SECTION 48. The committee shall, at the expense of the town, purchase textbooks and other school supplies, and, under such regulations as to their care and custody as it may prescribe, shall loan them to the pupils free of charge. If instruction is given in the manual and domestic 1894, 320, 2. arts, it may so purchase and loan the necessary tools, implements and materials. It shall also, at like expense, procure such apparatus, reference books and other means of illustration, as may be needed. P. S. 44, § 40. 1884, 103. 1885, 161, § 2. R. L. 42, 8835, 37. 13 Pick. 229. 187 Mass. 436. Purchase of R. L. 42, § 36. Change of G. S. 38, § 28. SECTION 49. Pupils in the public schools may, if the committee so votes, purchase from the town, under such regulations as the committee may prescribe, any textbooks which are to be, or have been, used by them in such schools. SECTION 50. A change may be made in the school books used in the public schools by a vote of two thirds of the whole school committee at a meeting thereof, notice of such intended change having been given at a previous R. L. 42, § 38. meeting. Exhibition of school work at expositions. 1904, 172. Compensation of committee. Members ineligible to serve as teacher, super intendent, etc. 1838, 105, § 4. 1854, 314. 1856, 232. G. S. 38, §§ 34, 35. 1873, 157. P. S. 44, §§ 42, 43. 1888, 431, § 5. 1898, 466, § 5. 1904, 173. R. L. 42, $39. Exhibition of School Work. SECTION 51. The school committee may, at any national, state, or foreign exposition, make an exhibition showing the character, standing, or work of its public schools. Compensation of School Committee. SECTION 52. The school committee shall serve without compensation, except that in a town required to belong to a superintendency union which votes to compensate the committee, its members shall each be paid two dollars and fifty cents a day for the time actually devoted to their official duties, and such additional compensation as the town may allow. No member of a school committee in any town shall be eligible to the position of teacher, or superintendent of public schools therein, or in any union school or superintendency union or district in which his town participates. |