The Pamphlet Collection of Sir Robert Stout: Volume 31
The Education Ordinance 1864. — Analysis:
The Education Ordinance 1864.
|1.||"Education Ordinances 1850 and 1862" repealed.|
|2.||Property of Board snider repealed Ordinance to become the properly of the Superintendent in trust for the purposes of this Ordinance.|
|3.||Rates and fees clue under repealed Ordinance to be levied and payable under this Ordinance.|
|4.||Constitution of the Otago Educational Board.|
|5.||Appointment of Secretary of the Board and Inspector of Schools.|
|6.||Meetings of the Board.|
|7.||Powers of the Board to be exercised at meetings thereof.|
|8.||Proceedings of the Board to be entered in a minute book.|
|9.||Powers of Board.|
|10.||Duties of the Secretary of the Board.|
|11.||Duties of the Inspector of Schools.|
|12.||Educational Districts, how to be formed.|
|13.||Election of District school Committee.|
|14.||Annual meeting of District School Committees, and Election of New Committees.|
|15.||Disputes as to validity of proceedings at Elections to be settled by Superintendent. If election not held on day's provided by Ordinance, Superintendent to fix days.|
|16.||Appointment of Clerk and Treasurer to School Committees.|
|17.||Powers of District School Committees.|
|18.||Schools and Teachers Houses.|
|19.||Teachers lobe selected by School Committees.|
|20.||Engagement of Teachers defined.|
|21.||Appointment of Assistant Teachers.|
|22.||Employment and Payment of Pupil Teachers.|
|23.||School Fees collected by Teacher.|
|24.||Expenditure, hose defrayed.|
|25.||District portion of Expenditure, how to he raised.|
|26.||Mode of Assessing.page 4|
|28.||Notice to persons Assessed. Objections to Assessment, how decided.|
|29.||Appeal to Petty Sessions.|
|30.||Assessments, by whom payable.|
|31.||Assessments, how to be recovered.|
|32.||Clerk or Collector may sue for Rates.|
|33.||If Electors do not elect Committee, or Committee when elected refuses to act, Board may appoint Commissioners.|
|34.||Grants, in aid of Educational efforts in certain cases.|
|35.||Formation of Public Libraries in Educational districts.|
|36.||Grants, in aid of Teachers' Associations.|
|37.||Establishment and support of the High School of Otago.|
|38.||Scholarships to be established.|
|39.||Salaries of Teachers.|
|41.||Parents and Ratepayers may visit Schools.|
Schedule A, Form of Assessment.
Schedule B, Form of Notice of Assessment,
4. The Superintendent and the members of his Executive Council for the time being together with the Speaker of the Provincial Council shall constitute a Board for carrying into effect the provisions of this Ordinance which Board shall be called the " Otago Education Board " and wherever in this Ordinance the term " The Board" is used it shall be construed to mean The Board constituted by this Ordinance sinless the context shows that such construction would be inapplicable : Provided always that should the office of Speaker be at any time vacant it shall notwithstanding be lawful for the Board to act in execution of tins Ordinance.
5. In order to carry out the provisions of this Ordinance The Board shall appoint a Secretary and an Inspector of Schools who shall respectively hold office during the pleasure of The Board and shall receive such salaries as shall from time to time be voted by the said Provincial Council and in addition thereto the Secretary and tine Inspector shall receive over and above such salary a reasonable allowance for travelling expenses: Provided nevertheless that the office of Secretary to the Board and Inspector of Schools may be held by one and the same person if the Board shall so determine.
6. The Board shall hold two General Meetings one ins the month of January and the other in the month of July inn every year and such meeting shall be convened by fourteen days' previous notice to be published in the Provincial Government Gazette and otherwise as the Board shall direct and it shall be competent for the Secretary whenever lie shall see occasion or shall be requested by tine Superintendent or any two members of The Board to call a special meeting of The Board and every such meeting shall be convened by sevens days' previous notice to be published in the page 5 Provincial Government Gazette and otherwise as The Board shall direct and The Board having duly met may from time to time adjourn to meet at such other time and place as they shall appoint Provided that all meetings of The Board and all adjournments there of shall be open to the public.
7. All the powers hereby given to The Board shall be exercised at meetings duly convened as aforesaid at which meetings not less than three members shall be present and the Superintendent when present shall be ex officio Chairman of such meetings and in his absence the members present shall elect one of their number to be Chairman and on every question before The Board the decision of the majority shall be final and conclusive but in case the votes shall be equal the Chairman having a deliberative vote shall also have a casting vote end no resolution or decision come to at any meeting of The Board shall he revoked or altered at any subsequent meeting of The Board unless notice of the intention to propose such revocation or alteration shall have been given to the Secretary at a previous meeting of The Board and shall have been made known by a circular sent to each member of The Board by the Secretary Provided also that The Board may delegate their power to a Committee of not less than three members.
8. Minutes of the proceedings of The Board shall be regularly entered in a book to be kept for that purpose and at every meeting of The Board the minutes of the preceding meeting shall be read over and signed by the Chairman of the meeting at which the same shall be read and he minutes when so signed shall for all purposes be held to be a true statement and record of the proceedings of The Board.
9. The Board shall exercise a general superintendence over all the Public Schools which have already been established under the Education Ordinance 1856 or the Education Ordinance 1862 and over all schools which shall be hereafter established under the provisions of this Ordinance and shall promote the establishment of Educational Districts and define the limits thereof and shall have Power to alter such limits and also the limits of any Educational Districts already formed as they shall see fit and to divide any district into two or inure districts or to combine two or more districts or parts of districts into one And when any district shall be divided into two or more districts or two or more districts or parts of districts combined into one district then and in every such case the powers and functions of the School Committee of each of the districts so divided or combined shall cease and determine and a School Committee shall be elected fur each of the districts formed out of the districts or parts of districts so divided or combined in manner hereinafter provided for the election of School Committees for new districts And The Board shall direct the expenditure and due application of all loonies that shall be appropriated by the Superin- page 6 tendent and Provincial Council for the purposes of education and shall there out provide sites for school buildings and defray the expense of erecting or renting and furnishing schools and building or renting teachers houses and fencing the land annexed thereto and as soon as conveniently may be after the passing of this Ordinance the Board shall direct a notice to be published in the Provincial Government Gazette containing a list of all the Educational Districts established previously to the passing of this Ordinance with a description of the boundaries thereof respectively And whenever any new School District shall be formed pursuant to the provisions of this Ordinance The Board shall direct a notice of the formation of such new district and of the boundaries thereof to be published in the Provincial Government Gazette and every School District shall be held to be bounded as described in any such notice published as aforesaid and as soon as conveniently may be after the passing of this Ordinance the Board shall fix and determine the minimum rates of fees to be paid by pupils for attendance at the different schools receiving from The Board and whenever any new school shall he established in pursuance of the provisions of this Ordinance The Board shall fix and determine the minimum rates of fees to be paid by pupils for attendance thereat: Provided that it shall be lawful for The Board whenever they shall see fit to alter the minimum rates of fees so fixed and determined in regard to any of such school.
10. The secretary shall attend all meetings of The Board and of their Committees and enter the proceedings of The Board in the minute book to be provided for the purpose and conduct the correspondence of The Board and shall also prepare the reports of Committees and take charge of and preserve all letters papers and documents relating to the business of The Board and perform all such duties as may be required by The Board for carrying out the provisions of this Ordinance.
11. It shall be the duty of the Inspector to visit and inspect all the Schools established under the Education Ordinance 1856 and 1862 and which may hereafter be established under the provisions of this Ordinance throughout the Province once or oftener in every year and from time to time to investigate and report upon any matters relating to the educational condition of any School District in such manner and according to such directions as shall from time to time be given by The Board in that behalf and every School Teacher already appointed or who shall be hereafter appointed under the provisions of this Ordinance shall whenever required so to do by the Inspector examine the Scholars under his charge in the presence of the Inspector and such of the members of the School Committee of the District in which the School shall be situated as shall choose to attend such examination and it shall be competent for the Inspector and members of such Committee to take part and page 7 assist in such examinations and the Inspector shall likewise under the direction of The Board investigate and report upon all complaints which shall or may at any time be made to The Board either by the School Teachers or the District School Committees relative to the said Schools or to any matter connected therewith and also upon any special matter respecting which The Board may desire to be informed in such manner as The Board shall direct and the inspector either alone or in conjunction with the Secretary shall make an Annual Report to be presented to The Board at the General Meeting to be held in the month of January in every year as aforesaid or at an adjourned meeting thereof and containing an account of the transactions of The Board up to the thirty-first day of December immediately preceding and such Annual Report shall contain a statement of the number of Schools in every Educational District within the Province the statistics of attendance at such Schools the proportion of such attendance to the population of the district the number of Schools which have been established under this and the said recited Ordinances and the number of additional Schools which may be required the districts and localities where the same have been established or are required and what changes or alterations shall have taken place in regard to such matters since the last Annual Report so as to exhibit yearly a complete account of the state of Education within the Province and accurate details in regard to any want of Education which may exist therein and such Report with any Resolution or Resolutions of The Board thereon shall be presented by the Superintendent to the Provincial Council within fourteen days after the commencement of the Session next following the said month of January and the Inspector shall further perform all such other duties as may be required of him by The Board for carrying out the provisions of this Ordinance and every School Teacher appointed as aforesaid shall correctly enter in a set of School Register Books such particulars relating to the attendance and progress of his pupils as The Board shall from time to time prescribe and shall furnish to The Board copies or duplicates of such Register Books and all such other information relating to the School under his charge as The Board may from time to time require.
12. Upon the memorial of any considerable portion of the inhabitants of any locality or district within the Province not yet provided or inadequately provided with the means of Public School Education praying for the erection of such locality into a separate Educational District the Board shall forthwith ascertain fully all the circumstances of the case and ii it shall appear to The Board that there exists in such locality or district a necessity for provision being made for public education therein The Board shall call by advertisement a public meeting of the owners and occupiers of land and householders in such district being male persons above the age page 8 of twenty-one years at which meeting the Secretary of The Board or the Inspector of Schools shall attend and afford information regarding the provisions of this Ordinance and the proceedings proper to be taken under the same and such meeting shall thereupon declare by the votes of the majority of the persons present (being such owners and occupiers of land and householders as aforesaid) whether they are willing that the said district be formed into an Educational District under he provisions of this Ordinance and in the event of their deciding that question affirmatively and further declaring their willingness to provide the proportion of the annual expenses of an Educational District to be paid by every such district as hereinafter provided such district shall thereupon become and the said Board shall proclaims in the Provincial Government Gazette such district (giving the boundaries thereof) to be an Educational District under this Ordinance and all Educational Districts established under the " Education Ordinance 1856" and the "Education Ordinance 1862" shall on the passing of this Ordinance be and they are hereby declared to be Educational districts under the provisions of this Ordinance: And the School Committees of the Educational District established under the said Education Ordinance 1862 shall continue in office as School Committees under this Ordinance until their successors are appointed and shall have the same powers and authorities as if they had been elected School Committees under this Ordinance.
13. At any such meetings of owners and occupiers of land and householders as aforesaid in any locality or district at which the majority shall have declared their willingness that the said locality or district shall be formed into an Educational District under the provisions of this Ordinance and shall have also declared their willingness to provide the due proportion of the annual expenses of an Educational District as hereinafter provided the persons then present (being such owners and occupiers and householders as aforesaid) shall thereupon elect by a majority of votes taken either by a show of hands or by ballot as shall be determined upon by the said meeting not less than five nor more than nine such owners and occupiers of land and householders as aforesaid in the District of whom a majority shall be parents of families and the persons so elected shall be called the District School Committee and shall hold office until the election of their successors in manner hereinafter mentioned.
14. On the second Monday in the month of October neat and thereafter on the second Monday in the month of January in each year except in the ninth of January 1865 a public meeting of the owners and occupiers of land and householders in every Educational District being male persons above twenty-one years of age shall be held at a time and place to be fixed by the Secretary of The Board and notified by public advertisement at least one month previously page 9 and in such other manner as The Board shall direct and at such meeting a Chairman shall be chosen and the School Committee for the preceding year shall give a full report of their proceedings and thereupon the electors present shall proceed to elect either by show of hands or by ballot as shall be determined upon by the said meeting a new School Committee for the ensuing year of not less than five nor more than nine persons possessing the qualifications prescribed by clause 13 and may re-elect all or ally of the persons going out of office to be members of such new Committee and every Committee so to be appointed shall hold office until the appointment of their successors and if any vacancy or vacancies shall occur by death removal from the district resignation or otherwise in any School Committee the remaining members of the Committee whether a quorum or not shall be entitled to elect a qualified person or persons to fill such vacancy or vacancies if ally member shall remove from the district he shall cease to he a member of the Committee and if any member signify in writing to the Committee that he is desirous of resigning his seat it shall be lawful for the Committee to accept the resignation of such person and on his resignation being accepted to elect a qualified person to fill such vacancy.
15. If any dispute shall arise respecting the validity of the proceedings at the annual or other election of ally School Committee or respecting the validity of the election of any member or members of any School Committee the matter in dispute shall be submitted to the judgment of the Superintendent whose decision thereon shall be final and conclusive and if in any case the electors in ally School District shall from ally cause whatever fail to elect a School Committee upon the annual day of meeting as herein before provided it shall be lawful for the Superintendent if he shall see fit to fix another day for the election of a School Committee for such district mid the same notice of such meeting shall be given and the same proceedings taken thereat as are prescribed by the 14th clause of this Ordinance.
16. The proceedings of every School Committee shall be transacted it meetings to be conversed at the request of two or more of the members thereof at which meetings three members shall form a quorum and the Chairman shall have a deliberative as well as a casting vote at every such meeting and the decision of the majority shall be final and conclusive: And every School Committee shall be at liberty to appoint one us their own members or other qualified person to be their Clerk and Treasurer who shall converse all meetings of the Committee by causing three days previous notice to be given to each member thereof and shall attend such meetings of the said Committee and take minutes of their proceedings and do whatever may be required of him in the execution of this Ordinance and such Clerk and Treasurer shall receive page 10 such remuneration for his services and give such security for the due performance of his duties as shall be agreed upon and required by the said Committee and the accounts of such Treasurer shall be rendered to and audited annually by every such Committee previous to their retirement from office and the balance of such accounts (if any) shall be paid over by such Committee to their successors.
17. In every Educational District it shall be lawful for the School Committee wills the express sanction of The Board previously obtained to establish one or more Main Schools and also such number of smaller schools to be denominated Side Schools as the extent population and other circumstances of the District may render necessary and subject to the general superintendence and control of The Board :aid such inspection as aforesaid the School Committee of every Educational District shall have full power to fix and determine the salary of the Teacher or Teachers and the rates of School Fees: Provided always that the rates of fees to be charged for attendance at any School under the charge of the School Committee shall not be less than the minimum is rates fixed and determined by The Board for such School except in those cases hereinafter specified: And the School Committee shall also be entitled to select the Teacher or Teachers of such School or Schools and generally to have the entire management of educational matters within the District And in no case shall any reduction be made in a Teacher's salary once fixed without the sanction of The Board previously obtained.
18. In connection with every Main School there shall be provided by The Board a suitable School-house and a Teacher's residence and not snore than ten acres of land contiguous thereto or as near as circumstances will admit fir the use and occupation of the Teacher of such Main School of which land such a portion as the Committee shall think necessary shall be laid off as a play-ground and in any case where increased School accommodation shall become necessary after school buildings have been once provided two-thirds of the cost of providing such increased accommodation shall be defrayed by The Board and the remaining one-third by the School Committee of the District in which the building shall be situated Provided always that in any case where The Board shall deem it inexpedient to provide a residence for a Main School Teacher it shall be lawful for The Board to pay such Teacher a yearly allowance in lieu thereof: And in any case where a Side School shall be established under the provisions of this Ordinance it shall be lawful for The Board to contribute towards the payment of the Teacher's salary and the rent of a school-house such sums respectively as to them shall seem fit.
19. The School Committee of every Educational District shall be entitled to select a Teacher or Teachers for every Main and Side page 11 School in the District but no election of a Teacher shall be deemed valid until such Teacher shall have produced to The Board a certificate of qualification from Her Majesty's Committee of Privy Council on Education or from the inspector of Schools appointed as aforesaid and such other certificates of fitness as shall be required by any regulations that may hereafter be made by The Board: Provided nevertheless that in case a qualified Teacher cannot be obtained for any School or Schools a person not duly qualified may by leave of The Board be temporarily appointed until a qualified Teacher shall be obtained.
20. And whereas it is expedient that the position and rights of School Teachers should be accurately defined and whereas great public inconvenience might ensue if School Teachers could not be dismissed without fixing upon them the stigma of crime or moral delinquency: All engagements and contracts entered into on the part of the Provincial Government with School Teachers in Great Britain shall be punctually fulfilled in the Colony and subject thereto the engagement of every School Teacher under this Ordinance shall be and be deemed to be a yearly engagement and no School Teacher shall be at liberty to relinquish his said engagement without giving to the Secretary of the School Committee of the Educational District in which he holds his appointment three months' notice in writing of his intention so to do and such engagement shall not be determined by any School Committee except on giving a like notice signed by their Secretary with the express sanction of The Board and the Teacher's occupation of the school-house teacher's house and land attached thereto is hereby declared to be an occupancy by sufferance only: Provided always that after the termination of the first year's employment under any contract such notices as aforesaid may be given to expire at any time.
21. It shall be lawful for any School Committee with the express sanction of The Board previously obtained to appoint a second Master or Female Teacher hi any Main School where the number of pupils in ordinary attendance is such as to render such appointment necessary and whenever an Assistant Teacher shall be required in any Main or Side School the selection of such Assistant Teacher shall be entrusted to the Teacher of the said School subject only to the approval of the School Committee of the District.
22. The Board may authorise the Master of any well attended and efficiently conducted Main School to engage and employ in his School any number of Apprentice Pupil Teachers The Board may deem expedient and may make and from time to time alter and amend rules and regulations for the examination training and employment of such Pupil Teachers and may out of any funds from thee to time appropriated by the Superintendent and Provincial Council grant any moderate sum or stuns of money in aid of the maintenance and relocation of such Pupil Teachers upon such con- page 12 ditions as The Board may think fit: Provided always that such sun) or sums of money shall not exceed the amount contributed towards the same purpose by the School Committee of the District in which such School is situated.
23. It shall be lawful for every School Teacher or the Treasurer appointed by the Committee to ask demand receive sue for and recover from the parents or guardians of the children attending the School such School Fees or charges as shall be authorised by the School Committees to be charged and the School Fees if collected by the Teacher shall be paid over to the Treasurer quarterly Provided always that it shall I e lawful for the School Committee of every district by a warrant or warrants under the hand of their Clerk to authorise the remission of the whole or ally portion of the ordinary School Fee in the case of any child or children whose parents or guardians are in the opinion of the School Committee in such circumstances as to warrant such remission.
Sections 24 25 26 27 28 29 30 31 and 32 are repealed by "Education Ordinance 1864 Amendment Ordinance 1865."
33. If the qualified electors in any Educational District shall refuse or neglect to elect a School Committee or if the School Committee elected shall fail or refuse to perform any of the duties by this Ordinance imposed upon them it shall be lawful for The Board upon such failure or refusal occurring to nominate and appoint a Commissioner or Commissioners to exercise all the powers and to perform all the duties by this Ordinance committed to or imposed upon such School Committee and it shall be lawful for the Commissioner or Commissioners so appointed to exercise the powers of Assessment and all other powers and duties by this Ordinance imposed and conferred on Committees of Educational Districts at any time after its or they shall have assumed the place and duties of the School Committee as aforesaid and a salary to be paid to the Commissioner or Commissioners shall be fixed by The Board and shall be paid out of the rates levied in the Educational District for or to which such Commissioner or Commissioners are appointed.
34. It shall be lawful for The Board at its discretion to grant any moderate sum or sums of money in aid of the efforts made by private individuals or associations for the promotion of Education ill the Goldfields Districts or in localities or districts in which from the smallness or scattered position of the population or from other causes no Educational District shall have been proclaimed.
35. And whereas it is expedient that encouragement should be given to the formation of Public Libraries in the various Educational Districts The Board may out of Funds specially appropriate) d for the purpose by the Superintendent and Provincial Council from time to time expend in the purchase of Books to be placed in any such Library any sum or sums of money equal to any sum or sums of money which shall have been raised by public subscription or page 13 otherwise within any such district: Provided that The Board shall be satisfied that due provision shall have been made for the safe custody and care of such Books and for the use thereof by the public according to rules for such use and custody to be sanctioned by The Board: Provided also that if at any time it shall appear to The Board that any such Books are left without proper care and custody it shall be lawful for The Board to take possession of the same and cause them to be deposited in such place they shall think fit and the word "Books" in this clause shall be deemed to include all works of art and all scientific apparatus which may be required for the purposes of illustration in Lectures and all specimens of natural history for the formation of Museums and the word "Libraries" in this clause shall be taken to include Reading Rooms Schools of Art and Museums.
36. The Board may at its discretion out of any funds specially appropriated for the purpose by the Superintendent and Provincial Council from time to time grant any moderate sum or sums in aid of Reading Clubs or Libraries connected with any Teachers' Association or Associations that may be formed by the Public School Teachers in the Province such sum or sums not exceeding in amount the sum or sums contributed by the members of any such Association.
37. There shall be maintained in Dunedin a High School to be called "The High School of Otago" under a Rector or Head Master and such number of duly qualified masters and assistants as The Board shall from time to time consider necessary in which shall be taught all the branches of a liberal Education the French and other modern languages the Latin and Greek Classics Mathematics and such other branches of science as the advancement of the colony and the increase of the population may from time to time require and the said High School shall be entirely under the superintendence and control of The Board and shall be maintained and supported and all salaries and expenses connected therewith paid out of school fees and monies appropriated by the Superintendent and the Provincial Council for that purpose and any other available funds.
38. It shall be lawful for The Board from time to time to establish Exhibitions or Scholarships to be held in the High School of Otago or in any University in Great Britain Ireland Australia or New Zealand b, students of any Public School of the Province of Otago: Provided that such Exhibitions and Scholarships shall be submitted to public competition in such manner and under such regulations as The Board shall determine : And provided also that while every encouragement shall be given to associations and private persons to found and endow such Exhibitions and Scholarships no public money shall be expended in the permanent endowment of page 14 such Exhibitions and Scholarships unless specially appropriated to that purpose by the Superintendent and Provincial Council.
39. The salary of the Teacher of every Main District School shall not be less than one hundred pounds a year.
40. In every School established under the provisions of this Ordinance the Holy Scriptures shall be read daily and such reading shall be either at the opening or close of the School as may be fixed by the Teacher and no child whose parent or guardian shall object to such instructions shall be bound to attend at such times.
41. The Parent or Guardian of any child attending School or any ratepayer subscriber or donor shall be entitled to visit the School at any time on obtaining an order for that purpose from any member of the School Committee.