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A. He has the general power to “annul any certificate given by him or his predecessor in office, when he shall think proper,” but the law implies that he must be able to give sufficient reasons for doing so.
Q. On what grounds can a superintendent justifiably annul a certificate ?
A. On the same grounds that he would be justified in refusing one-evidence of want of moral character, learning, or ability to teach.
Q. Can a particular class of persons, as the students in a seminary of learning, or the “sisters” of a religious denomination, claim a special examination, or exemption from the ordinary public examinations ?
A. Certainly not. To accommodate a number of candidates, an examination may be appointed by a superintendent, at a particular place, but should be announced and conducted as a public examination, and open to all who may choose to attend, as well as those sought to be accommodated.
AMENDMENTS OF THE SCHOOL CODE.
On the following pages are given the laws of a general nature, passed at the late session of the Legislature, relating to Common Schools. The changes made are Uriefly indicated below: Mi 1. Chapter 174 amends section 8 of the School Laws, so that a residence of“ ten days” in a school district is no longer required, to entitle a person to vote therein. Section 9 is also amended to correspond.
2. Chapter 82 gives power to county boards of supervisors to alter the boundaries of joint school districts, in certain cases, instead of the town board.
3. Chapter 101 amends chapter 169 of 1871, (which amended section 42 of the School Laws) in such wise that the clerk no longer hires the teacher, bnt it is to be done by the action of a majority of the school board. This amendment applies to all contracts made after the 4th day of April, 1872.
4. Chapter 11 amends section 2 of chapter 168, of 1971, (which amended section 59 of the School Laws) in such wise that 100 days instead of 110 days are declared "to constitute the five months ” required by said section.
5. Chapter 32 makes the day for holding the general election each year a legal holiday, which applies to schools and teachers, the same as other legal holidays.
6. Section 1 of chapter 164 gives general power to the state superintendent to apportion school money to districts which mainiained school less than five months (but not less than three months,) in those cases where the failure arises from some unusual and unlooked før cause."
Section 2 of the same chapter authorizes town boards of supervisors to transfer from the general fund to the school fund of the town, any deficiency in the amount levied upon such town by the county board for school purposes, and requires the state superintendent to apportion school money to such towns, on the receipt of the certificate of the town clerk that the transfer has been made, the same as if the county board had levied the proper amount.
Both these sections are amendments of chapter 75, of 1866, which amended section 68 of chapter 10 of the revised statutes, which is given on pages 8 and 9 of the School Code.
7. Chapter 178 amends section 86 of the School Laws so as to facilitate the division of counties, having more than 15,000 inhabitants, into two school superintendent districts, and gives the state superintendent power to appoint the first superintendent for the district not retained by the previous superintendent of the county.
8. Chapter 33 omends section 3 of chapter 196 of 1868, in regard to State Certificates (see School Code, p. 116), and provides for limited State Certificates, good for
9. Chapter 94 amends two sections of the “ Township System of School Government”—Chapter 182 of 1869–p. 137 of School Code. First, it amends section 8 so as to give the secretary of the town board a compensation of not less than two dollars per diem for his services. Second, it amends section 37 so as to require that if the system is adopted by any town, it shall continue in force not less than two years.
This will not apply to those cases in which the system was adopted at the recent spring election, as this was held on the 2d day of April, and the above law was not published till the 3d.
10. Chapter 63 amends section 9 of chapter 114 of 1866, and provides for the admission of graduates of graded schools of the state to the university free of tuition.
GENERAL LAWS OF WISCONSIN, 1872.
Chapter 174. AN ACT relating to the qualifications of voters in school districts, and amendatory
of sections 8 and 9, of chapter 155, of the general laws of 1863. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. Section 8 of chapter 155, of the general laws of 1863, is hereby amended so as to read as follows: “ Section 8. Every person shall be entitled to vote in any school district meeting of this state, who is qualified to vote at a general election for state and county officers, and who is a resident of such school district.”
SECTION 2. Section 9 of chapter 155, of the general laws of 1863, is hereby amended so as to read as follows: “ Section 9. If any person offering to vote at a school district meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presiding at such meetiny shall declare to the person challenged the qualifications of a voter, and if such person shall declare that he is a voter, and if such challenge shall not be withdrawn, the chairman shall tender him the following oath or affirmation: You do solemnly swear (or affirm, as the case may be,) that you are an actual resident of this school district, and that you are qualified according to law to vote at this meeting and every person taking such oath or affirmation shall be permitted to vote on all questions proposed at such meeting; but if the person shall refuse to take such oath or affirmation, his vote shall be rejected.” Approved March 25, 1872.
Chapter 82. AN ACT in relation to the alteration of joint school districts in certain cases. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. The county board of supervisors of the several counties of this state are hereby authorized and empowered to alter the boundaries of any joint school district in this state which is in part composed of an incorporated village, and the boundaries of which are fixed by the village charter: provided, that no şuch alteration shall be made except on petition of not less than twenty-five of the legad voters resident in said joint district: and provided further, that no order shall be made by any county board changing the boundaries of any such joint district
until notice of the time and place of hearing such petition shall have been published at least three weeks in a newspaper published in said county, and if there be no newspaper published in such county, such notice shall be posted not less than three weeks in three conspicuous places in said joint school district, and upon such hearing,opportunity shall be given to all opposed to such proposed alteration, to be heard in opposition thereto.
SECTION 2. An appeal may be taken by any three legal voters resident in said joint district, to the state superintendent of public instruction, from any order of any county board altering the boundaries of any joint school district under the provisions of this act. Such appeals shall be made, heard and determined in the same manner as appeals are now made, heard and determined from school district boards, and the decision of the state superintendent upon such appeal shall be final.
SECTION 3. All acts and parts of acts, conflicting with or in any manner contravening the provisions of this act, are hereby repealed.
SEOTION 4. This act shall take effect and be in force from and after its passage.
entitled an act to amend chapter one hundred and fifty-five of the general laws
The people of the state of Wisconsin, represented in Senate and Assembly, 00 enact as follors:
SECTION 1. Section one of said chapter one hundred and sixty-nine of the general laws of 1871 is hereby amended so as to read as follows: Section 1. The majority of the district board shall contract with and hire duly qualified teachers for and in the name of the district, and said contract shall specify the wages per week, month or year, as agreed upon by the parties, and said contract so completed shall be filed in the office of the district clerk, with a copy of the certificate of the teacher so employed, attached thereto, and a copy of such contract shall be furnished by the clerk to the teacher.
SECTION 2. This act shall take effect and be in force from and after its passage.
eral laws of 1871, entitled “ an act to regulate the estimation of time in the set
tlement of school district boards with teachers." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. Section two of said chapter one hundred and sixty-eight of the general laws of 1871, is hereby amended by striking out the words, “and ten” where they occur in the third line of said section, and by striking out all after the word, “law” where it occurs in the fifth line of said section, so that said section when amended shall read as follows : Section 2. In the apportionment of school moneys in ihe year 1871, and annually thereafter, one hundred days shall be understood to constitute the five months required by section fifty-nine of the general school law.
SECTION 2. This act shall take effect and be in force from and after its passage
SECTION 1. The day of holding the general election in each year shall be a
Chapter 164. AN ACT to amend section one, chapter 75, general laws of 1866, entitled an act
to amend section 68, chapter 10 of the revised statutes, entitled “ State Superintendent," and to add a new section to said chapter 75 of the general laws of 1866.
The people of the state of Wisconsin represented in senate and assembly, do enact as follows:
SECTION 1. Section one of chapter seventy-five of the general laws of 1866, en. titled an act to amend section 68, chapter 10 of the rovised statutes, entitled “State Superintendent,” is amended by adding to said section the following: “ Unless it shall appear to the satisfaction of the State Superintendent before the apportiɔnment is actually made in such town, that such district has maintained a public school therein by a qualified teacher, at least three months of the year, and has failed to maintain such school for the length of time required by law, only by reason of some unusual and unlooked for cause, which has prevented the keeping up of said school, there being no intent upon the part of such district to avoid maintaining a public school therein the prescribed length of time. If the reasons in this respect are sufficient, and appear to the satisfaction of the state superintendent, he shall make such apportionment the same as if the law in respect thereto had been fully complied with.
SECTION 2. Said chapter 75, laws of 1866, is further amended by adding the following section : “The board of supervisors of those towns which have not raised, by order of the county board of supervisors, a sum sufficient to entitle them to an apportionment of school money for any school year, are hereby authorized to transfer from the general fund to the school fund of their respective towns, the amounts in which said towns are deficient ; and upon the receipt by the state superintendent of public instruction, of the certificate of any town clerk that the requisite amount has been transferred, he shall apportion to said towns the full sum of school money to which said towns would have been entitled provided the county boards had levied upon each town the amounts required by law.”.
SECTION 3. This act shall be construed to extend to cities and villages as well as towns.
SECTION 4. All acts or parts of acts conflicting with the provisions of this act, are hereby repealed.
SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 25, 1872.
Chapter 178. AN ACT to amend section eighty-six of chapter one hundred and fifty-five of gen
eral laws of 1863, entitled “ an act to codify the laws of this state relating to common schools."
The people of the state of Wisconsin, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section eighty-six of chapter one hundred and fifty-five of general laws of 1863, entitled “ an act to codify the laws of this state relating to common schools,” is hereby amended so as to read as follows: There shall be chosen at the general election held on the Tuesday next succeeding the first Monday in November, in the year 1861, and biennially thereafter, a county superintendent of schools for each county of the state, who shall enter upon the duties of his office on the first day of Janvary succeeding his election, and shall hold the same for two years, and until his successor is elected and qualified. In each county of the state having over fifteen thousand inhabitants, according to the last preceding cen. sus, the county board of supervisors may, at any meeting of said board, in any year, determine by resolution to remain in force until rescinded, that there shall be two superintendents for such county, and said board of supervisors shall thereupon divide said county into two districts, to be called respectively " superintendent district number one,” and “superintendent district number two.' They shall also determine over which of the two districts the superintendent already elected shall have jurisdiction. The state superintendent shall appoint a superintendent for the other district, who shall hold his office until his successor is elected and qualified. While such resolution shall remain unrescinded, each such district shall elect a county superintendent for such district, to be called "county superintendent of schools for district number one or two," as the case may be. When a
county contains more than one senate district, each such senate district shall con-
SECTION 2. This act shall take effect and be in force from and after its passage.
general laws of 1868, entitled “an act creating a state board of examiners to
issue state certificates of high grade to teachers of eminent qualifications.” The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. Section three of chapter one hundred and sixty-nine, of the general laws of 1868, entitled "an act creating a state board of examiners to issue state certificates of high grade to teachers of eminent qualifications,” is amended to read as follows: If the examiners shall be satisfied that an applicant possesses the requisite scholarship in all the branches of the studies before mentioned, or in the branches of study in which applicants are now required to be examined by county superintendents for a first grade certificate, and in the branches hereinafter mentioned, they shall certify the fact to the state superintendent, and if such applicant shall furnish evidence of good moral character, experience and success in teaching, he shall thereupon issue to the applicant passing a successful examination in all the branches of the studies above mentioned, a certificate, which shall be valid until revoked; and to the applicant passing a successful examination in the studies now required for a first grade certificate as heretofore described, and in mental philosophy and English literature, he shall issue a certificate, which shall be in force for five years from the date thereof; and either of said certificates shall qualify the holder to teach in any public school in any city, town or school district of this state, without any further examination by a city or county superintendent or board whatsoever.
SECTION 2. This act shall take effect and be in force from and after its passage,
1869, entitled “ an act to establish a township system of school government.” The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. Section eight (8) of chapter one hundred and eighty-two, of the general laws of 1869, entitled “ an act to establish a township system of school government,” is hereby amended to read as follows: The members of the board, a majority of whom shall constitute a quoruin, assembled at the first and each succeeding annual meeting, shall elect from their number a president and vice presi. dent and a secretary, who may or may not be one of their number: provided, he shall be a resident of the town to which the board belongs. The said secretary shall receive compensation for services rendered at not less than two dollars nor more than three dollars per diem; and shall present a statement of services rendered, at the annual meeting of the board.
SECTION 2. Section thirty-seven (37), of said chapter one hundred and eightytwo, is hereby amended by the addition of the following words: “provided, that the system of township school government shall continue in force two years from the date of its adoption, before the question of abolishing it shall be acted upon, as heretofore provided.” SECTION 3.* This act shall take effect and be in force from and after its passage. Approved March 22, 1872.