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The Pamphlet Collection of Sir Robert Stout: Volume 83

Part III. — School Districts. School Committees and their Duties

Part III.

School Districts. School Committees and their Duties.

(1.) School Districts.

58. For every school district constituted under this Act there

School Committees.

shall be a School Committee, consisting of seven householders resident within the school district, to be elected as hereinafter provided.
page 20

Disqualification or membership of Committee.

59. No bankrupt who has not obtained his final order of discharge, no person attainted of treason or convicted of felony or perjury or any infamous crime, no person of unsound mind, and no person not qualified as herein required, shall be capable of being or continuing a member of any Committee.

Provision for constitution [unclear: ofew] school [unclear: stricts.]

60. Upon the memorial of not less than ten householders of any locality praying for the erection of such locality into a separate school district, or upon the report of an Inspector, or otherwise at its own discretion for any reason that may seem to it sufficient, the Board of the district may call by advertisement a public meeting of the householders in such locality for the purpose of electing a Committee.

[unclear: leeting] of [unclear: ouseholders.]

61. It shall be the duty of such meeting to appoint a Chairman and elect a Committee in manner hereinafter provided, and the meeting shall likewise consider the boundaries of the proposed school district, and report the same to the Board, which may at its discretion fix the boundaries of the school district, whether those recommended by the meeting or otherwise, and cause the same to be publicly notified.

[unclear: chool] districts [unclear: a] existence [unclear: nder] repealed [unclear: cts] or [unclear: rdinances] to [unclear: bntinue] such.

62. All school districts constituted under the provisions of any Ordinance or Act hereby repealed shall be school districts for the purpose of this Act until altered as herein provided, and the persons in office at the time of the coming into operation of this Act as the Committee of every such district shall continue in office till their successors are elected.

In case any vacancy shall occur in any Committee before the first election is held under this Act, the Board may nominate a person or persons to be a member or members thereof.

(2.) Election of School Committees.

[unclear: lection] of first [unclear: chool] [unclear: ommitteerider] this Act.

63. The first meeting of the householders in every school district shall be held on such day in the year one thousand eight hundred and seventy-eight, and at such time and place, as the Board of the district in which such school districts respectively are shall for each appoint, and at every such meeting the householders present shall elect in manner hereinafter provided seven householders to form the Committee for such district.

[unclear: ubsequent lections.]

64. On the fourth Monday in the month of January in each year succeeding the year one thousand eight hundred and seventy-eight, a public meeting of the householders in every school district shall be held at a time and place to be fixed by the Board, and publicly notified at least fourteen days previously.
page 21
At such meeting a Chairman shall he chosen, and the Committee

Proceedings at meeting.

for the preceding year shall give a full report of its proceedings, and thereupon the electors present shall proceed to elect by ballot, as hereinafter provided, a new Committee for the then current year of seven persons qualified as prescribed by the fifty-eighth section of this Act, and may re-elect all or any of the persons going out of office to be members of such new Committee.
Every Committee so appointed shall hold office until the

Duration of office.

appointment of its successors, and, if any vacancy shall occur by death or otherwise than by effluxion of time in any Committee, the remaining members of the Committee shall elect a qualified person or persons to fill such vacancy or vacancies.

At every meeting convened and held for the election of a Committee, the Chairman having a deliberative vote shall also have a casting vote.

65. At every election for a School Committee every voter

Cumulative voting at elections.

shall be entitled to a number of votes equal to the number of the Committee to be elected, and may give all such votes to one candidate, or may distribute them among the candidates, as he thinks fit.
66. If any dispute shall arise respecting the validity of the

Disputes as to validity of elections to be settled by [unclear: Bo] of district.

proceedings at the annual or other election of any member or members of any Committee, the matter in dispute shall be submitted to the judgment of the Board of the district, whose decision thereon shall be final and conclusive.
If in any case the electors in any school district shall, from

Provision in [unclear: c] of failure to [unclear: el] on day of [unclear: ann] meeting.

any cause whatever, fail to elect a Committee upon the annual day of meeting as hereinbefore provided, it shall be lawful for the Board of the district in which such school district is, if it shall see fit, to fix another day for the election of a Committee for such school district, and the same notice of such meeting shall be given and the same proceedings taken thereat as are prescribed by the last three preceding sections of this Act.
67. If after such last-mentioned meeting the householders

In case of fail to elect at [unclear: sec] meeting, [unclear: Boa] may appoint [unclear: Commissione]

neglect or refuse to elect a Committee, the Board may appoint a Commissioner for the purposes hereinafter mentioned.
68. The Commissioner so appointed shall exercise all powers

Powers and duties of [unclear: Commissione]

and duties by this Act imposed and conferred on Committees of school districts at any time after he shall have assumed the place and duties of the Committee as aforesaid, and a salary to page 22 be paid to the Commissioner shall be fixed by the Board if it shall see fit, and shall be paid out of any moneys available for distribution in the school district for or to which such Commissioner is appointed.

But such Commissioner shall only hold office from the date of appoinment to the fourth Monday in the month of January next ensuing, and he shall be guided in the performance of his duties by instructions to be given him by the Board from time to time.

The power to appoint a Commissioner shall include a power to appoint more than one Commissioner if the Board sees fit, and this foregoing provision shall take effect accordingly.

(3.) Meetings of School Committees.

[unclear: st] meeting of [unclear: 00] [unclear: mittee.]

69. The Committee of each school district shall hold its first meeting after election at some time and place to be from time to time appointed by the Board of the district within which such school district is.

[unclear: ction of airman.]

At its first meeting, or as soon thereafter as conveniently may be, it shall elect, by a majority of the votes of the members present thereat, one of its body to be Chairman until the next election of the School Committee.

Such Chairman shall preside at all meetings of the Committee at which he shall be present; and if such Chairman cease to be a member of the Committee he shall cease to be such Chairman.

In case the Chairman die, or by writing under his hand delivered to the Committee at any meeting thereof resign his office, or cease to be a member of the Committee, the members present at the meeting next after the occurrence of such vacancy, or at any meeting before there shall as yet have been a Chairman chosen, shall elect some one of its number to be a Chairman, and the Chairman so elected shall continue in office for the remainder of the year.

If at any meeting of the Committee the Chairman be not present, one of the members present shall be elected Chairman of such meeting by the majority of the votes of the members present thereat.

[unclear: ceedings] at [unclear: tings.]

70. The proceedings of every Committee shall be transacted at meetings to be convened at the request of two or more of the members or by order of the Chairman thereof.
page 23

At all meetings three members shall form a quorum, and the Chairman shall have a deliberative and also a casting vote at every such meeting, and the decision of the majority shall be final and conclusive.

71. Every Committee shall be at liberty to appoint one of its

Clerk and Treasurer may be appointed.

own members or other qualified person to be its Clerk and Treasurer, who shall convene all meetings of the Committee by causing at least three days' previous notice to be given to each member thereof, and shall attend such meetings of the said Committee, and take minutes of its proceedings, and do whatever may be required of him in the execution of this Act.
But no Clerk and Treasurer shall receive any remuneration

Not to receive remuneration ir certain cases. Minutes of meetings, &c.

for his services if he is a member of the Committee.

72. At every meeting of a School Committee the same proceedings shall be taken with regard to the minutes of such meeting as are prescribed by section thirty-four of this Act with regard to the minutes of meetings of Boards; and no recommendation to the Board concerning the appointment, suspension, or dismissal of a teacher shall be considered unless notice in writing to the effect that such business is proposed to be transacted has been addressed to every member of the Committee three days at least before the meeting at his usual or last known place of abode.

73. A Committee may appear in all legal proceedings by its

Committee [unclear: ma] appear by [unclear: Cler] or Chairman, [unclear: o] Solicitor.

Clerk, or Chairman, or Solicitor.

(4.) Powers and Duties of School Committees.

74. In every school district it shall be lawful for the Committee,

Committee [unclear: ma] establish [unclear: publi] schools.

with the express sanction previously obtained of the Board of the district in which such school district is situated, to establish one or more public schools.
Subject to the general supervision and control of the Board,

Committee to have management of educational matters in [unclear: schc] district. Committee [unclear: ma] provide school-houses, &c.

and to inspection by an Inspector, as herein provided, the Committee shall have the management of educational matters within the school district.

75. Every Committee may, with the sanction of the Board of the district within which the school district is, previously obtained, provide by building or otherwise schoolhouses, and may improve, enlarge, and fit up any such schoolhouses, and supply school apparatus and everything necessary for the efficiency of the schools provided by them; and such proportion of the cost of providing, fitting up, improving, and keeping in repair such page 24 schoolhouses as may be prescribed by such Board shall be defrayed by the Committee out of the School Fund, and the remainder (if any) of such cost shall be defrayed by the Board of the district within which the school is situated by and out of any moneys at their disposal.

May appoint teachers of [unclear: sewing.]

76. The Committee may from time to time, with the approval of the Board, appoint teachers of sewing for any school under its control.

[unclear: Board may cquire] sites [unclear: or] school-[unclear: houses,] &c.

77. On the application of the Committee, the Board of the district may select, purchase, lease, or acquire a suitable site or sites for a schoolhouse; and the Board, if it shall so think fit, shall require that the whole or any portion of the cost of such purchase shall be defrayed by the School Committee out of the School Fund.

Savings banks [unclear: lay] be [unclear: stablished.]

78. The Committee, with the approval of the Board, may establish savings banks for the use of children attending the school.

(5.) Good-Attendance Certificates.

Certificates of attendance [unclear: btamable.]

79. At every public school certificates shall be obtainable, to be called "good-attendance certificates," and such certificates shall be of two classes,—
(1.)For any child of school age attending a public school in the district, who, for a period of twelve months, has been present every time the school was open, both in the morning and afternoon;
(2.)For any such child who for a like period has not been absent from such school more than five times in all.

Such certificates shall be obtainable by all children of school age attending a public school, and be signed and issued by the Chairman of the Committee, or in such other mode as the Committee may direct.

Any child attending a public school who has been absent from such school by reason only of the observance of any fast or other day set apart for strict religious observance by the religious body of which such child is a member, shall, notwithstanding such absence, be deemed to have been present as above provided. But in each such case satisfactory evidence shall be given by the parent or guardian of such child that such child was absent only for the cause above mentioned, and that the day or days of such absence was or were days strictly set apart for strict observance by the religious body of which the child is a member.

page 25

(6.) School Fund.

80. The School Fund shall consist of—

Of what School Fund to consist.

(1.)Moneys granted out of the Board Fund;
(2.)Donations, subscriptions, and all other moneys which may be granted to the Committee for the purposes of this Act.
81. The provisions of section forty-one shall apply to the

Application of section 41 to School Fund.

School Fund and to the money in the hands of the Committee, and, mutatis mutandis, shall be applied accordingly.
82. The accounts of the Treasurer shall be rendered to and

Audit of Committee's accounts.

audited as prescribed by regulations, and all moneys in hand (if any) shall be paid over by such Committee to its successors.
A copy of such accounts shall be forwarded to the Board of

Copy to bo sent to the Board.

the district within which is the school district to which such accounts pertain, as soon as conveniently may be after the same have been audited, together with the Auditor's report thereon.