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SUMMARY OF CONSTITUTIONAL AND LEGAL PROVISIONS RELATING TO
EDUCATION IN THE SEVERAL STATES AND TERRITORIES.
ESTABLISHMENT OF THE SCHOOL SYSTEM. The General Assembly shall establish and maintain a system of public schools for the benefit of children between 7 and 21 years of age, separate schools for the races being provided.
TOWNSHIP INCORPORATION. The inhabitants of each township are incorporated by the name of "township - and range – ” according to the number of the United States survey.?
SCHOOL DISTRICTS. Every township and every incorporated city or town of 3,000 or more inhabitants is a school district, and may hold and own property.
LEGAL SCHOOL POPULATION. Every child between 7 and 21 years of age is entitled to admission into and instruction in any public school for its own race in its township, or in some other school in the State, as provided by law.4
SCHOOL CENSUS. An enumeration of all children between 7 and 21 years old, by race and sex, in each township is made by the superintendent thereof, and reported to the county superintendent, who makes a like report for his county to the State superintendent. This census is taken in August of years having odd numbers.
LOCATION OF PUBLIC SCHOOLS. When only one public school is established in a township, it must be so located as to accommodate the largest number of pupils; but the location may be changed from year to year so as to accommodate those children who were not within reach of the school in previous years. Preference should be given to localities having a school. house already built or a site procured. If more than one school for each race be needed in a township, more may be established by the local school officer.? Preference in locating schools should be given to communities which will supplement the district revenue with the object of sustaining free schools for as long a session as possible.
White and colored children must not attend the same school.9 No more than two schools for either race can be opened in any township wherein the school revenue for said race does not exceed $50.
The school revenue of each township is apportioned as nearly as practicable per capita of the probable school attendance.
Children may be transferred to schools in other than their own school districts, but they carry their share of the school revenue with them; and, if, after deliberation, it is determined not to have one public school for each race opened in a township, and the children of the race, so left without a school, cannot be transferred teadily to another school district, their share of the school revenue shall be paid to the parents or guardians of said children; Provided, Said children attend some other school the same length of time.10
SCHOOL YEAR, MONTH, DAY. The school year begins October 1 and ends September 30; the school month is 20 days; the school day is not less than 6 hours.11 The annual) session of a public school usually must be at least 12 weeks long, i. e., scholastic months. 12
9Ibid., seo. 52.
PRESCRIBED STUDIKS. Physiology and hygiene, with special reference to the effects of alcohol, stimulants and narcotice upon the human system, must be taught to all pupils in all schools and colleges receiving any public money or under State control.'
A superintendent of education, elected by popular vote, shall supervise the public schools.
The State superintendent is chosen at the general election every two years. He must give a bond of $15,000 for the faithful discharge of his duties.
The officers of the public-school system shall be a superintendent of education for the State; a county superintendent for each county, and a township superintendent or 3 school trustees for each township or other school district.“
A vacancy in the office may be filled by the Governor for the remainder of the term.5
His duties are to superviso the common schools, to require reports thereon from his subordinate school officers; to remove them for official delinquency; to visit and inspect schools annually ; to encourage the forming of teachers' institutes; to apportion the public-school revenues, prepare and furnish all school blanks and record books, keep accounts with all school districte, and of all permanent school funds; file bonds of subordinate school oflicers; prosocute defaulters to the school fund; exchange reports with other school officers; collect an educational library; prepare and publish school laws, and also an annual school report. His office must be at the State capital.
The Legislature may provide for a poll-tax, which shall be applied to the support of the public school in the counties in which it is collected.?
The poll-tax is assessed by the county tax-assessors, confirmed by the county commissioners, and reported by the probate judge to the State superintendent.
The poll-tax assessed is debited to the county tax-collector, aud amounts collected and paid by him to the county superintendent are credited to said collector by the State superintendent. Amounts collected should be paid at the end of each month."
Moneys arising from sale or other disposition of lands and other property granted or intrusted to the State for educational purposes, inust be preserved undiminished. 10
Lands and property given by individuals or by the State for educational purposes, and all estates of persons who die without will or heir, shall be applied to the maintenance of public schools.11
The public-school income consists of interest upon the permanent school fands, the proceeds of other property given for school purposes, and of the poll-tax and a yearly appropriation of not less than $100,000 from tho State treasury.12
Only 4 per cent. of the public school income may be expended for purposes other than the payment of teachers' salaries, but this restriction may be suspendod by a concurrent two-thirds vote of both houses of the Legislature.13
The public-school income cannot be used for the support of any sectarian or denominational school.14
PUBLIC-SCHOOL LANDS. School lands are sections numbered 16 in every township granted by the United States for the use of schools in the town aip; also other lands granted therefor; all of which are vested in the State in trust to execute the objects of the grant, 15
The public-school revenne, except that part resulting from the poll-tax, must be placed to the credit of the public schools at the beginning of the school year', viz, October 1.16
The auditor must notify the State superintendent of the amount of public-school revende set apart for each scholastic year, stating source and nnexpended balances from previous school years.17
The public-school revenue shall consist of interest npon proceeds of sales of lands granted by the United States for school purposes; of interest upon the United States deposit under the act of Congress, June 23, 1836; income from proceeds of other lands given for school purposes to the State ; escheats ; $230,000 annual appropriation, proceeds of poll-tax of $1.50 on each malo between twenty-one and forty-five; rents collected from unsold school lands; and proceeds of license taxes, which are to be expended for public schools. 18
"Sch. Laws of Feb. 7, 1879, sec 45.
(See also Publio School Teach
ers.) ? Const., art. 12, sec. 7. * Sch. Laws of Feb. 7, 1879, soc. 5. • Ibid., 600. 4. *Ibid., soc. 6.
6 Ibid., secs., 7, 8, 9.
13 Ibid., art. 12, sec. G.
14 Ibid., Bec: 8.
16 Sch. Laws of Feb. 7, 1879, seo. Ju Const., art. 12, sec. 2.
2. 1 Ibid., sec. 3.
11 Ibid., sec. 12 Ibid., seo. 5.
18 Ibid., 860. 1.
PUBLIC-SCHOOL REVENUE. When the State auditor has certified the amount of the educational income for the year, the State superintendent shall dedact thorefrom amounts sufficient to pay the current expenses of the departinent of education, and the expenses of the normal schools; the remainder he shall apportion among the townships and other school districts of the State.
This apportionment is made by setting apart the amount due to the district as interest on its "16th section fund," or other trast fund held by the State ; then, districts having no such amount due them are to be apportioned a proportionate amount, egnal, per capita, to that paid to districts having such an income as described:
The basis of this apportionment shall be the latest filed enumeration of school population in the townships and districts; the proportion of each district shall be divided pro rata between the two races, 3
When made, the apportionments for each county must be sent in writing to the county superintendent."
When the apportionment is complete, it must be reported by the State superintendent to the State auditor, and by him to the State treasurer.5
The poll-tax collected in each county is paid to it as its school money, as its share of the amonnt collected from polls in the State.6
The poll-tax collected in a county belongs to it, as its share of the proceeds of such tax; the amount paid by each race is kept separate and so reported.
Each township or other district is entitled to the poll-tax collected in it; and each race therein to the poll-tax paid by it.8
The school revenne due to each county from sources other than the poll-tax, having been certified to the State anditor, his warrant on the tax-collector of the county in favor of the county superintendent, and the payment of said warrant, is accounted as the payment of so mnch school money.9 Local school moneys for public schools must be expended in the districts wherein they are raised. 10
EDUCATION OF TEACHERS. When 10 teachers, of either race, are licensed in a county, the county educational board must hold a teachers' institute, of which the superintendent is president, and the other members of said board aro vice-presidents.
Said institute must meet at least thrice a year, and said teachers must attend at least one of these meetings, no fee or assessinent being required. The exercises at said meetings shall relate to methods of teaching and discipline, choice of text-books, &o."
COLLEGE BOARDS. The University of Alabama and tho Alabama College of Agriculture and the Mechanic Arts are to be managed by boards of trustoes, appointed by the Governor, confirmed by the senate; one third each year. The Governor and State superintendent are members of each board, cx officio. 12
COUNTY EDUCATIONAL BOARD. The educational board of each county must comprise the county superintendent and 2 teachers of said county, apppointed by him; the board must moot at least once in each quarter year, examine applicants for teachers' licenses, issue the same, keep a record of all licenses issued, revoke the same for good cause, organize and maintaiu teachers' institutes for teachers of each race.11
The county superintendent is appointed by the State superintendent, for two years, except when special laws otherwise direct.13
His daties are to keep and disburso school moneys, remove delinquent township superintendents and appoint their successors, bring suit against trespassers on school lands, and apportion schools between the races in each township.it
He must receipt to tax-collectors for all school moneys received from them, reporting the amonnts to the State superintendent.16 He must settle finally with tax-collectors on May 1 of each year, reporting result to the State superintendent.16 He must keep a book showing all receipts, apportionments, and payments of school moneys, and when and to whom paid. 17 He must report annnally the condition of public schools in his county to the Stato superintendent, and is liable to forfeit his pay and commission if he fail to make such report by November 10,18
Sch. Laws of Feb. 7, 1879, sec. 53. ' Ibid., sec. 59. * Ibid., Bec, 55.
*Ibid., sec. 60. 3 Ibid., sec. 56.
9 Ibid., sec, 61. * Ibid., sec. 57.
10 Ibid., sec. 68. 6 Ibid., sec. 54.
11 Ibid., sec. 47. Ibid., sec. 58.
12 Const., art. 12, sco. 9.
13 Ibid., sec. 10.
His bond must be satisfactory to the State superintendent."
His term of office begins October 1 of the year following that in which the State superintendent is elected.
His compensation is $75 a year, and 2 per cent. upon all moneys legally disbursed by him.
He must post at the county court-house half-yearly, on April 1 and October 1, a statement of all school receipts, disbursements, and balances on hand; and may be fined $10 for failure to do so.
The township superintendent is appointed by the county superintendent for two years.
He must determine the location of public schools in his township.
He must call a meeting of parents and guardians on the last Monday in October to settle public-school business.)
If, after ten days' written notice, parents and guardians do not attend said meeting, he may proceed without them.8
IIe must visit every public school in his township at least once each year.'
He must report to the county superintendent the annual income from rent, or proceeds of the school lands in his township.10 He is exempt from jury duty during his term of service. Il
TEACHERS. Teachers of public schools must have been examined, must have answered at least 70 per cent. of the questions propounded by the board of examiners, and must possess licenses or certificates of qualitication therefrom. Said certificate must show that the holder has been examined as follows: For the third (lowest) grade, in orthography, reading, penmanship, primary arithmetio, primary geography, and elementary physiology and hygiene ; for the second grade, in the foregoing, and in practical arithmetic, United States history, English grammar, intermediate geography, elementary algebra, and physiology and hygiene, with special reference to the effects of alcohol and narcotics on the human system; for the first grade, in the foregoing, and also in bigber algebra, physics, geometry, and the theory and practice of teaching. These certificates are valid, respectively, for 1, 2, and 3 years. 12
Teachers are to be selected with a view to obtaining such as will secure large attendance of children of school age.!
They are not to be employed for less than 3 scholastic months, nor to teach less than 10, nor more than 50 pupils.14
They are to be paid quarterly, on the first Saturdays of January, April, July and October. 15
They are paid by the county superintendent, on vouchers approved by the township officers. 16
They may sue, and recover from the county superintendent the salary due them, if he fail to pay the same promptly.17
The contract to employ them must be in writing, and in duplicate, made with the township superintendent and approved by the county superintendent.18
Teachers are removable for cause by the township superintendent, but must be paid for the time actually employed in teaching:19
They must register the daily attendance of their pupils, and submit their books to the inspection of the township superintendent.20
They must make quarterly reports of enrolment attendance, studies, days of teaching, and other matters, before they can demand their pay.21
ARKANSAS. ESTABLISHMENT OF THE FREE-SCHOOL SYSTEM. Intelligence and virtne being the safeguards of liberty and the bulwark of a free and good government, the State shall ever inaintain a general, suitable, and efficient system of free schools, whereby all persons in the Stato between the ages of six and twenty-one years may receive gratuitous education.22
SCHOOL DISTRICTS. Each school district shall be a body corporate by the name and style of School district No. of the county of
Sch. Laws of Feb. 7, 1879, sec. 20. Ibid., sec. 38. ? Ibid., sec. 22.
10 Ibid., sec. 40. 3 Ibid., sec. 24.
Il Ibid., sec. 44. • Ibid., secs. 25, 26.
12 Ibid., sec. 45. Ibid., sec. 27.
13 Ibid., sec. 36. & Ibid., secs. 28, 29.
14 Ibid., sec. 34. 7 Ibid., sec. 31.
18 Ibid., sec. 37. Thid., sec. 32.
16 Ibid., soc. 11.
Every district shall hold in its corporate name the title of lands and property which may be acquired by said district for school-district purposes.!
No new school district shall be formed haviug less than 35 persons of scholastic age residing within the territory included in such new district, and no district formed shall, by the formation of a new district, be reduced to less than 35 persons of schol
The county court shall have the right to form new school districts, or change boundarico, on a petition of a majority of all the electors residing within the territory affected: Provided, Such territory has the requisite number of children and property to comply with the existing laws in such cases.
LEGAL SCHOOL POPULATION. The legal school age is from six to twenty-one years.3
SEPARATE SCHOOLS FOR THE RACES. Each district school board must make provision for establishing separate schools for white and colored children.4
MINIJUM LENGTH OF SCHOOL YEAR.
The State superintendent is required to prepare, for the benefit of the common schools
, a suitable list of text-books on orthography, reading, mental and written arithmetic, penmanship, English grammar, modern geography, and history of the United States, and to recommend the same to teachers and directors.
STATE SUPERVISION. At each general (biennial) election a State superintendent shall be elected by popular vote.?
He is charged with the general superintendence of the business relating to the free common schools; must have an office at the State capital in which he must keep all books, reports, documents, and other papers pertaining to his department, and must there attend when not necessarily absent on business.
He must furnish to each county examiner suitable questions for the examination of teachers; hold a teachers' institute annually in each judicial district of the State; arrange the programme for such institute, and preside thereat when present. In his absence the assembled teachers may organize and hold such institute.9
He must prepare and transmit to county examiners school registers, blank certifi. cates, reports, and other printed blanks, with forms and instructions, to be forwarded to directors and other school officers, to aid such ofticers in making their reports and carrying into effect the provisions of the school laws.10
He must ascertain the amount, disposal, and safety of the school funds; recommend measures for their security, preservation, and prodnotiveness, and enforce their proper application by suits against defaulters or other parties liable.11 On or before November 1, each year, he must prepare and submit to the Governor of the State an annual report, showing for each county and the wholo State the number of persons between the ages of 6 and 21 years upon the first day of the previous July; the number of each sex and race; the number that attended freo common schools during the year ending the 30th of June; the number of schools, pupils, studies, average wages of teachers; ihe number, material, and cost of school-houses erected during the year and previously, and the place and attendance of institutes held.12 He shall report respecting the permanent school fund and other property apportioned to school purposes; the investments made of the same; the revenue accruing therefrom; the amounts received from per capita assessments and all other sources; the amount and object of all school expenditures and all unexpended amount in the county treasuries, 139 To this report he must append a statistical tablo, compiled from the materials transmitted to his office by school officers, giving proper summaries, averages, and totals.14 The annual report of the State superintendent must be transmitted by the Governor to the General Assembly at the opening of the session, and be published as soon as practicable in numbers not exceeding 5,000.15
Mansfield's Digest, chap. 135,
sec. 6172 Ibid., secs. 6174, 6175. 3 Ibid., sec, 6152. Ibid., soc. 6212, Ibid., socs. 6199, 6215.
& Ibid., dec. 6167.
1 Ibid., sec. 6151.