Page images

committee of the Legislature, publish the particulars of such settlement, and mention the name of any person wbo has made a gift or bequest to said fund, with the amount.!

Other sources of the fund are: The proceeds of marriage and tavern licenses; onefourth of all the money arising from licenses for auctioneering; foreign life-insurance agency; vending of goods, wares, and merchandise by samples; keeping of traveling jacks or stallions; keeping cating houses ; taking photographs; acting as brokers ; real-estate agency; exhibiting circuses ; practicing jugglery; selling vinous, spirituous, or malt liquors; also one-fourth of the money from fees on commissions issued to prothonotaries, clerks of the peace, recorders of deeds, clerks of the orphavs' court, and sheriff's. These and all other monoys or property given, appropriated, or belonging to said fund are dedicated to public education in the State of Delaware.

LAWS RELATING TO SCHOOLS FOR COLORED PERSONS. The levy courts in the several counties of this State are required to levy annually, in the month of April, a tax of 30 cents in the hundred dollars, and so pro rata, on the assessments of the real and personal property and poll of colored persons, as they stand upon the assessment lists of the several hundreds, which tax is to be set apart as a distinct fund for the inaintenance of schools for colored youth in the Stato.3

All moneys collected under this act are to be paid, as other taxes, to the county treasurer in each county, to be kept by him as a separate fund, and to be paid by him to the treasurer of the Delaware Association for the Education of Colored People."

The fund arising from the provisions of this act and paid to said association is to go to the support and maintenance of schools for colored youth throughout the State, and to be distributed by the said association. The treasurer of said association is to give bond to the State of Delaware, in tbe penal sum of $2,000, for the faithful application of the noveys received under this act.

The sum of $2,400 is appropriated annually from the State treasury to be also expended for the education of the colored children of the State. T'ho money so appropriated is to be paid by the State treasurer to the treasurer of the “Delaware Association for the Education of the Colored People” on or before the 1st day of October in every year; the treasurer giving bond in the penal sum of $5,000 for the faithful application of all moneys received here-under, said bond to be approved by the secretary of State and to be recorded in office.

FLORIDA. ESTABLISHMENT OF THE FREE-SCHOOL SYSTEM. The Legislature must provide a uniform system of common schools and a university, and for a liberal maintenance of the same. Instruction in them is to be free.6

A superintendent of public instruction, whose term of office is made 4 years, and until the appointment and qualitication of his successor, is given general supervision of the educational interests of the State.?

The superintendent of public instruction, secretary of State, and attorney-general constitute a body corporate, to be known as the board of education of Florida.

A special tax, of not less than 1 mill on the dollar of all taxable property in the State must be levied and apportioned annually for the support and maintenance of common schools, in addition to the other means provided.9

SCHOOL POPULATION AND SCHOOL YEAR. The legal school population of the State-i.e., children entitled to free instruction in the cominon schools-consists of the resident youth between the ages of 6 and 21 ascertained by a quadrennial census. 10

A school year consists of 3 terms; the term, of 3 school months; the month, of 22 teaching days.11

PRESCRIBED STUDIES. The only studies prescribed in this Stato, as a whole, are those which the State superintendent requires of teachers in order to their securing first, second, and thirdclass certificates.13 Uniformity of text-books in each county is required, and this implies at least an approximation to a county uniformity of studies. 13

CHIEF STATE SCHOOL OFFICER. The snperintendent of public instruction is given the oversight, charge, and management of all matters pertaining to public schools, school buildings, grounds, furnituro, libraries, text-books and apparatus.14

IR. C., chap. 40, secs, 197–8. 6 Const. of 1868. art. 8, sec. 2. ? Ibid., sec. 4.

? Ibid., sec. 3. * Ibid., chap. 48, ecc. 1, vol. 15, and 'Ibid., sec. I. chap. 369, vol. 15.

Ibid., sec. 5. . “Ioid., clap. 373, vol. 16.

10 Code of 1809, secs. 1 and 39. 6 lbid., chap. 362, vol. 16.

11 Ibid., seo. 32.

[blocks in formation]

He is empowered and required (1) to distribute to school officers and teachers copies of the school laws, forms, and instructious for their use ; (2) to provide plans for school buildings and directions as to furniture and apparatus; (3) to call meetings of county superintendents and other officers with a view to information as respects the working of tho school system and the means of improving its efficiency ; (4) to assemble teachers in institutes and employ instructors to inform them of improved methods of teaching and conducting schools; (5) to grant certificates to graduates of the department of teaching, and to successful teachers, and to fix the grades and standards of qualification of teacbers generally ; (6) to annually apportion among the counties of the State the interest on the cominion-school fund, and the fund raised by a one-mill State tax authorized by the constitution, each according to the num. ber of resident children betweeu the ages of 4 and 21.'

STATE BOARD OF EDUCATION: This board has the oversight and management of all lands held by the State for educational purposes; the safe keeping and expenditure of the State educational funds; the auditing of the accounts of the State superintendent, and the decision of questions and appeals referred by him to the board. It is to co-operate with bim in the organization of the department of public instruction and in the general diffusion of knowledge in the State.?

COUNTY BOARDS OF PUBLỢC INSTRUCTION. Each board of public instruction is a corporate body by the name of “The board of public instruction for the county of State of Florida,” and in that name may hold real and personal estate, receive bequests and donations, and perform other corporate acts for educational purposes.

The title of the school property of the county is vested in the county board and its successors in office.

The county superintendent of schools is, ex officio, secretary and agent of the county board, and the county treasurer the treasurer of the county-school funds.

It is the duty of each county board to maintain schools in every locality of the county where they may be needed; such schools to accommodate, as far as practicable, all the youth between the ages of 6 and 21 years, during not less than 3 months each year; also to appoint from 1 to 5 trustees to caró for such schools, examine and employ teachers, secure healthful sites, as well as fair accommodations, and apportion moneys according to average attendance.3

The members of the county boards, as well as of the State board, must be indorsed as of good moral character, possessing a fair education, and ready to extend the benefits of free instruction in the public schools to all classes of youth."

COUNTY SUPERINTENDENTS. It is the duty of each county superintendent to ascertain where schools should be established; to present to the county board plans and estimates for necessary school buildings; to visit each school at least once a term; to do all he can to awaken interest in education; to copfor frequently with school trustees as to their duties; to select as trustees persons likely to be efficient; to keep a record of each school established, with the number, name, and description of locality, as well as of expenses ineurred for it, and of his visits inspection to each school; to notify the State superintendent of the names and addresses of county school officers and teachers on their entrance upon duty; to see that the interests of the county are regarded in contracts for school buildings and apportionment of moneys; to examine candidates for teaching when empowered to do soy the county board, and to revoke or suspend teachers' certificates for cause.5


It is made the duty of each school trustee, or board of such trustees, to have the ebarge of schools and school interests over which they have been appointed; to attend to the improvement of tbe school property committed to them; to supply the needed text-books, stationery, and apparatus, the books for libraries, and the forms for statistical reports; to inspect each school at least once a month; to see that the instruction and moral intluences are good ; tbat the attendance and deportment of the pupils are satisfactory, and that the buildings, furniture, fences, and grounds are kept in good condition.

They are also to endeavor to secure regular and prompt attendance of school childreni

, a dutiful observance of needful regulations, and a greater general interest in education on the part of citizens; are to keep full records of their official acts, actoonts of moneys ard property received by them or uisbursed, the length of time each teacher was eimployed, and the condition of the accounts of teachers or other perwas; are also to report to their county superintendent quarterly.. 1Code, vee, 13. 3 Ibid., secs. 14-20, inclusive.

Code, sec. 22. 'Ibid, secs. 10, 11 4 Regulations of Dept. of Pub. Inst., p. 28. Ibid., sec. 23.

TEACHERS' CERTIFICATES. A certificate of qualification to teach school may be granted by a county board of public instruction, and be good in the county for a year, or may come from the State superintendent to graduate of the department of teaching, or to eminently successful teacher; this latter certificate to be of three grades, good in any part of the State for the time specified in each case; fair moral character, as well as literary qualifications and power of governing and managing a school, to be prerequisites.'

TEACHERS' DUTIES. Every teacher is directed to labor faithfully for the advancement of pupils in their studies, and to inculcate, by precept and example, truth, honesty, patriotism, and the practice of Christian virtues; to require cleanliness, neatness, order, promptness, and gentility of manners, habits of industry and economy, a regard for the rights and feelings of others, and a sense of their responsibilities and duties as citizens; to see that the school-house, grounds, and furniture are not needlessly defaced or injured; to enforce due restrictions on the conduct of the pupils, avoiding, however, any unrequired severity ; to suspend pupils for immorality or gross misconduct, giving notice of the suspension to the parents and the school trustees; to hold a public examination of the school each term, and at the close or suspension of the school for any term to deliver up the keys and school property to the trustees.

The reading of the Bible at the opening of school, with short unsectarian devotions, is allowed; but no pupil may be required to engage in them against his conscience, or against the wishes of his parents or guardians.3

Time necessarily spent by a teacher in going to attending on, and returning from a teachers' institute is not to be deducted from a teacher's pay.

Teachers may devote a half-day each week to instruction in needle-work or manual labor. 5

GENERAL PROVISIONS AS TO SCHOOLS. Youth, residing in a county, may attend school in an adjoining one, on the consummation of arrangements between the proper officers for a transfer of such youth's share of the school fund to the other county.

When citizens of a neighborhood where there is no free school desire one for the education of their children, they may have it by raising amongst themselves one-half of the salary of a teacher or teachers for at least a three-months school term; for then the board of public instruction of the county must notify the county commissioners of the amount and purpose for which the money has been raised; and is suitable arrangements for the accommodation of the school and boarding of the teacher are provided, the county commissioners must, at the next tax levy, raise the same amount, not to exceed a dollar a month for each pupil entitled to attend the school. That done, the county school board must open tho school and use for its support the funds that have been so collected.?

A county (or school district) neglecting to establish and maintain, for at least 3 months in any year, such a school or schools as the available funds will support, forfeits its portion of the school funds during such neglect, and moneys so forfeited must be apportioned among the several counties at the next annual apportionment.8

CENSUS OF SCHOOL CHILDREN. It is made the duty of the tax assessor of each county to take quadrennially, at the time of assessing the taxes of his county, a census of all the children of the county between the ages of 4 and 21, and also of those between 6 and 21, the former being the age for the reception of school money, the latter the age for free instruction in the common schools. He is also to report to the county superintendent whether any of those reported are deaf-mutes. For the performance of these duties ho inay bave 3 cents for each child reported; while for failure to perform them he forfeits $50, and the county superintendent must perform the duty.9

TAXES FOR SCHOOL PURPOSES. The special tax of one-tenth of 1 per cent. on the assessed value of the taxable property of the State, provided for in section 5, article 3 of the constitution, is required to be collected at the same time and in the same manner as other taxes.

The treasurer of the State board of education is to keep an account with each of the several counties, in which account he must credit each county with its proportion of the income of the school fund and of the fund raised by the 1-mill tax authorized by the constitution, and must charge them with the amounts receipted for by the treasurer of the board of public instruction to the tax-collector, and all amounts paid them by the State under the direction of the board of public instruction. 10

1 Code, secs. 24-26.
2 Ibid., sec. 29.
3 Ibid., sec. 31.

4 Ibid., sec. 33.
Ibid., sec. 35.
Ibid., sec. 36.

? Ibid., sec. 37.
& Ibid., nec. 38.

Ibid., secs. 39, 40. 10 Ibid., secs. 41, 42.


STATE FREE-SCHOOL SYSTEM. There shall be a thorough system of common schools for the education of children in the elementary branches of an English education only, as nearly uniform as practicable, the expenses of which shall be provided for by taxation, or otherwise.

The schools shall be free to all children of the State, but separate schools shall be provided for the white and colored races.'

Existing local school systems were not affected by the constitution of 1877; nor were schools, not common schools, deprived of participation in the educational fund of the State as to all pupils therein taught in the elementary branches of an English education.

Private elementary schools may be taught in connection with the public schools, subject to the approval of the school officers of the districts, the teachers of such schools being required to hold legal certificates and to make reports of school statistics the same as public school teachers.3

SCHOOL POPULATION. It shall be the duty of the county and city boards of education of the State to have the enumeration of the children between the ages of 6 and 18 years taken under instractions from the State school commissioner in the year 1888, and every ten years thereafter; but any county board that was dissatisfied with the correction made by authority of the State board of education in the returns of 1882 could have an enumeration taken in 1883 under the provisions of the above law."

MINIMUM LENGTH OF SCHOOL YEAR. Schools must be maintained for at least three months in each year, except when it is impracticable on account of the sparseness of population to make arrangements for keeping up the primary schools for so long a time; in such cases the county boards of edacation may establish schools to continue for two months only.5

STATE SUPERVISION. The Governor, the attorney-general, the secretary of State, the comptroller-general, and the State school commissioner constitute the State board of education. Of this board the Governor is ex officio president, and the State school commissioner the chief execntive officer. The board takes and holds, to it and its successors, in trust for the State, any grant or devise of lands, or any donation or bequest of money or other personal property made to it for educational purposes, and places in the hands of the State treasurer for safe-keeping, all moneys and personal property so received, and titles to land; the State treasurer pays to the order of the board the income or prin. cipal thereof as the board may from time to time require in pursuance of the law. The board acts as a court of appeals in questions relating to school law.6

The State school commissioner, appointed biennially by the Governor and confirmed by the senate, is charged with the administration of the school laws, and a general superintendence of the business relating to the public schools of the State.

He prescribes forms for reports; gives instructions as to the execution of the school laws; visits the counties for the purpose of examining into the administration of school law, of counselling with teachers, and of delivering addresses; apportions sebool money, and reports annually to the General Assembly.

STATE SCHOOL TAX AND STATE SCHOOL FUND. The (not to exceed $1 on the head), any educational fund now belonging to the State (except the endowment of and debt due to the University of Georgia), à special tax on shows and exhibitions, and on the sale of spirituous and malt liquorswhich the General Assembly is bereby authorized to assess and the proceeds of any commutation tax for military service, and all taxes that may be assessed upon such domestic animals as from their nature and habits are destructive to other property, the net proceeds of fees for inspecting fertilizers and for the hire of convicts; all endowments, devises, gifts, and bequests made to the State or State board of education ; obe-balf of the net earnings of the Western and Atlantic Railroad, and some special fines and forfeitures are set apart and devoted to the support of the common schools.*

The State school fund is apportioned to the different counties by the State school commissioner, and in each county such funds thus apportioned are paid to the county school commissioner by the tax collector of said county, upon order from State school commissioner.

Const. of 1877, art. 8, sec. 1.
1Ibid., art. 8, sec. 5.
1 Act Gen. Ass., approved Sept. 28, 1883.
Act of Gen, Assem., approved Sept. 28, 1883.
Stat, secs. 1269 and 1270.

6 Ibid., sec. 1242 et seq.
"Const. of 1877, art. 8, sec. 2, and Stat., sec. 1248

et seq.
8 Ibid. sco.3, and Stat., 1207.

The poll-tax of each county is set apart for the support of the schools of that county alone.

EDUCATION IN JIIGHER AND PROFESSIONAL STUDIES. The trnstees of the University of Georgia may accept bequests, donations, and grants of land or other property for the use of said university, and the General Assembly may make donations thereto.

The General Assembly may also make appropriations to any college or university (not exceeding one in number) now established or hereafter to be established in the State for the education of persons of color.?

The superior court may charter school, college, or academy, upon the petition of one or more discreet and proper persons, showing that such school is or is about to be established in the county in which the court is sitting, and asking for corporate authority. To such persons and their legal successors, the court may grant a charter bestowing upon them such corporato powers as are not inconsistent with law nor in violation of private rights. Such charter is good for twenty years unless sooner rcvoked by law.

The boards of education or other constituted authorities having charge of the public schools in those connties or inunicipal corporations having a system of public schools, supported by local taxation, not restricted to the elementary English branches, may open and annex to such public schools a department of industrial education, in which the students may be taught the use of tools for working in wood and metal.“

COUNTY SUPERVISION. Each county composes one school district and (unless under special local laws) has a county board of education of five members, clected by the grand jury for fouryear terms, subject to partial biennial change.

A secretary, chosen by the board from its own number or from the citizens of the county for a term of four years, is ex oficio county commissioner of education with duties similar to those of couuty superintendents elsewhere.

The county board of education prescribes, from time to time, what text-books and books of reference shall be used in the common schools of the county (the Bible is not to be excluded from the common schools of the State, but no books of sectarian or sectional character can be introduced). It may establish evening schools and mauual-labor schools, may permit children residing in oue subdistrict to attend school in another, lays off the county into subdistricts, is empowered to employ teachers, to purchase, lease, or rent school sites, to build, repair, or rent school-houses, and furnish the same, decides controversies, and grants teachers' certificates..

The county school commissioner examines applicani for license to teach, and recommends to the county board of education for license such applicant who is adjudged competent to govern a school and give instruction, visits schools, grades toachers, audits accounts, keeps a record of his official acts, makes such reports to the State school commissioner as may be required by that officer, and makes an annual report to the grand jary at the spriog term of the court, and places his books before them for examination.7

LOCAL SUPERVISION. For each subdistrict the county board of education appoints three trustees (one each year), who bold office for three years.

These trustees supervise the school operations of the subdistricts, visit schools, make such recommendations to the county board in relation to the school interests of their subdistricts as may seem to them best, and make an annual report to the county board of education.

Authority may be granted to counties, upon the recommendation of two grand juries, and to municipal corporations upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation; but such law does not go into effect until approved by a two-thirds vote of the qualified electors of such county or corporation.s

Any city having more than 2,000 inhabitants, or any county, under authority of the General Assembly, may organize an independent system of public schools and may draw its pro rata share of the State school money, provided the chief executive officer of such independent organization makes the same regular reports to the State school commissioner as are required of the county school commissioners..

Boards of education failing in any year to put schools in operation forfeit their share of the school money of that year. 10

TEACHERS. The county boards of education choose such teachers as are recommended by the Stat., secs. 1249a and 127la. 6 Stat., sec. 1253 et seq.

& Const. of 1877, art. 8, 800. 4. ? Ibid., sec. 5209. • Ibid., sec. 1261 et seq.

9 Stat., sec. 1272. & Sch. Laws of 1884-'85, page 58. Ibid., sec. 1263a.

10 Ibid., 1275a. • Act of Leg., Oct. 16, 1885.

« PreviousContinue »