| Show SCHOOL LAW OF UTAH county superintendent er vinA Wilson DELIVERS A I 1 LECTURE before the utah county teachers at springville Spring ville at atje convention of utah county te li nis n is it id in on the il tnt comity school roiti t ir A wilson delivered ine ivil lonin interesting lecture on the lii of utah air sin his excellent little work entitled ahe lawyer in the schoolroom school room divides the various plans adopted by governments for fostering education into four classes as follows t first the chinese plan which consists in a system of graded schools and making it necessary to pass through all the grades with honor in order to acquire eligibility to office in the state second the hebrew plan tin s was to a government without a system of education or to establish a religion and apply the force if the government to alie support of it third the prussian system is purely gover mental emanating aolele from a minister af instruction immediately dependent on the crown every child in the kingdom is obliged under pains and penalties to attend school at least from the age of seven to fourteen fourth the bourth class is that plan which we have called american this is generally called the freo school system although many of the states and territories do not fill alie letter of the appel aaion it may moie properly be termed the public or common school system the chinese plan certainly has the merit of securing officials who are highly similar educated and of making education a high honor in itself and an acknowledged badge of superiority this nation that ve are wont to speak of as alemi barbarous has written in its history a strong and everlasting testimonial in its own stability of the worth of education as a factor of government england up to a recent date followed mainly the hebrew plan that ia it left human development to private enterprise or free competition in 1870 if I 1 mistake not a school code was passed by parliament making attendance obligatory for a portion of the time between certain ages the prussian system has resulted in the efficient education of the entire community the fame of the german schools which follows therus the rus sian plan haa encircled the earth and they are the pride and boast of every ra therland in our own country the of alie constitution did not see proper tr delegate to the general government the adu tation of the people that was reserved to alie states or to the people each state forming as it does a separate government ern ment all bound together by a perpetual league has full authority or such as is given it by its constitution in the educational its citizens this power as has been said being considered inherent in the people alie territories ri may and do exercise it under the general authority given by congress to leeis lato ia all rightful subjects of legislation this ia the clause under our legislature has established the school law now under consideration in many of the states a most liberal and efficient system of free schools has been established and education is dispensed almost universally the attendance is rarely compulsory as in germany and some other countries of europe nor can the teachers incite their pupils to greater exertion by reminding them that if they pass through all the degrees with honor the govern ment will reward and the people veneri ate them as in china under our government in all departments tha principle ia found that all men are created equal that there shall be no class distinction pupils are taught that education is its own reward that with it happiness wealth honor are all possible while without it persons labor under a thousand disadvantages no matter what may be their vocation or employment and the absence of compulsory attendance is in harmony with our theory in personal freedom still it is doubtless whether thievery fact is not the greatest objection to the free school system all these plans and systems are little more than experiments and time only will demonstrate their worth by alie survival of the fittest coming now to our subject proper as we seen the only authority we have for our legislation upon school matters is found in the general terms mentioned this is only limited by the further previsions that the legislature shall make no special law providing for the managements of schools acting upon the presumption that district schools vas a rightful subject of legislation the legislature has established a nysted of common schools that is purely of the american type so far as it goes that is alie schools are public alie public bears the expense and are entitled to alie benefits of them of alio entire community is taxed for the education of its mcm bera therefore all can claim a right ill the schools alie county courts of the several counties ura directed to divide their respective counties into school districts and anav two or more of them with the setting off of alie districts the power of the county ends and that of the district acting through its trustees when they are elected begins school districts are considered to le quasi corporations L e in the nature of or nearly corporations and the trustees the capacity of officers of al most corporation their powers are construed strictly they have no authority but that which is expressly given them or that which is necessarily implied from their general power they must follow the letter of the lawin the discharge of their duties abe trustees abail provide suitable school houses kep the same in repair employ teachers and furnish luel maps charts and other suitable articles for school purposes and may at their option collect tuition acca they shall prescribe the manner in which schools shall he conducted and the branches to rateb chese are soivio of the duties the law scribeS for the trustees As a prerequisite to the performance of these duties the keople as a matter of course fiut act bv providing meana for the s to handle while the law says they shall fumich and do these ti lings they are not responsible tor their non unless they are pro aided ait litho means of accomplishing them m which case they would be held responsible are three sources of revenue or the schools in our territory in the arst petco there iq a standing law of alree millson alio dollar on all taxable of the territory the tills rolled in thi way duped exclusively for alie payments and appointment to the lUtric ts ib made on alie basis of the years census for alie build of school Iio furnishing the imo and 11 current cx peces of run schools alie funds be ead by a tax on tho property within district the third source of rev is from tuition fees where the tribes ibave not sufficient mcana from sources to pay teachers 1 gam provided in theft ct oi the territory chiai sections in each township in said territory shall he reserved for the purpose of being applied to schools in said territory and in the states arid territories to be erected out of the same but no application of said land or the proceeds thereof has ever been made and all school monies have come from the people I 1 take it that it will not be necessary to the law simply as it L laid down in our statutes for nith that you are all familiar I 1 shall therefore content myself with commenting on some points that are not found in the letefe of our stat ute aA school meeting must be held in july of each year for the election of a trustee or trustees and for the transaction of other business pertaining to the schools in december the meeting for the levying of a tax must be held if at all at the former all registered voters of the district may vote at the latter taxpayers only may vote among the other duties of the trustees they are io visit the schools once each term to report to the county superintendent and they may appoint certain officers to assist them in the performance of their duties the county superintendent is to take the general supervision of the schools in this county and visit them at least twice in each year to compile reports of trustees and furnish this together with such other tion aa may be called for to the territorial rit orial commissioner to keep accounts ith the trustees and the treasurer of the county and in connection with the trustees make rules and regulations for the government of the schools in our county these rules have found aico in the annual circular and when adopted by the trustees as it is almost universally it is the local law of each school no teacher has a right to vary from it ry the words of the aho trustees and county superintendent shall regulate and oversee the schools aad I 1 think by necessary implications and from rulings if courts of the question they might go beyond what has been done in our country at least this we will examine further on the school laws of the territory and the provisions of this circular alien adopted forms the fundamental part of the contract between trustees and teachers the first requirement of the law is that teachers mast hold a certificate from the county board of examination without which in the language of the statute no person shall be eligible to employment as teacher by the trustees and such districts i employing other than eligible teachers shall forfeit their apportionment of any public school fund this is a requirement qui rement all through the united states and one that should and must be carefully followed not only are the districts punished in such cases but it has been held that ineligible cannot enforce payment of any portion of their salary courts have gone so far as to hold that ih a teacher cannot maintain a s c though he taught but one week before getting a certificate while on the topic allow me to express the opinion that I 1 look upon our law as unjust in requiring a renewal of the certificate each year I 1 am fully aware that we cannot be too careful in preserving the tone of the profession and to this end incompetent teachers should be needed out from i time to time but why teachers more professional parsons should be required to furnish evidence annually of their competency is more than I 1 can tell if a teacher was competent last year and has been teaching continuously since it seems farcical and humiliating to require an examination but such is the law and we must follow it until we can get it either amended or repealed As before stated the circular becomes a part of the contract between trustees and teachers let us now examine our circular briefly each heading if the circular was here taken up and discussed and explained but as this is of no special interest except to the teachers wo omit all but a few points under the head of duties of pupils the circular says pupils are required in case of or tardy ness to bring on their return to school a written excuse from their parent or guardian giving proper reasons further on under the same head there is this pro vision repeated violations of any of the rules or regulations of the school by any pupil shall be considered cause for expulsion this is a very salutary rule and might with profit bo extended in both michigan and iowa it has been decided by the couts cou ts that ic is perfectly competent for a board of trustees to provide by rule that pupils may be suspended from school if absy shall be absent or tardy except for or other unavoidable cause a certain number of times for a fixed period burkes law of public schools in the case of berdick vs babcock in loiva on this question judge beck among many good things said it requires but little experience in the instruction of children to convince any one that the only me ana which vill assure progress in their studies is to secure their attention the application of the powers of their mind to the studies in which they areS instructed chis application of the mind in children is secured by interesting them in their studies but this cannot be done if they are at school one day and at home the next if a recitation is omitted or a lesson left unlearned at the whim or convenience of parents in order to interest a childre chil dhe must be able to understand tha subject in which ha is instructed if he has failed to prepare lessons he will not understand the oue which the teacher explains to him the rule requiring prompt and constant attendance is for the good of the pupil and to secure the very object the law has in view in establishing public schools it therefore is reasonable and proper it is required bv the best interests of all the pupils of the school irregular attendance of pupils not only regards retards their own progress but interferes with the progress of those pupils who may be regular and prompt the whole class may be annoyed and hindered by the imperfect recitations of one who had failed to prepare his lessons on account of absence tardiness is a direct injury to the school so leay the rule in our circular in my opinion might with justice and profit be enlarged to the extent that pupils who were absent isi given number of prevented from attending by sickness or other excuse should be suspended during the remainder of the term at least A rule prescribed by a board of education that a pupil failing to coma prepared with a required exercise or with a reasonable escude ahall be suspended decided to be a reasonable rule and such as the board has authority to adopt vs board of education 29 it has also been decided that the trustees have a right to require that all pupils shall pursue such studies and such only as are pre by law in our experience we find much difficulty in parents ehlt pupils be excused from certain classes and et udies aliis is a great annoyance and one eliat teachers can prevent in cased where they think it is for the best by refusing such request where the studies have been prescribed by the trustees much more might be said on these and other legal topics directly connected with our work but time will permit w to mention but a few of the more important points A few words upon the subject of or punishment will close my remarks 1 am a are ther ia a growing sentiment both among parents and teachers against corporal punishment in any fram this I 1 think is commendable and I 1 should be encouraged happy will be the day ft hen it cap be a aid there does not exist either in our homes or schools ane cassity for corporal punishment but in our 1 chinke should i rd own at ex iwae it jn all governa necessarily bo a of what force would he a lav without s penalty tn the language of one of our local educators in school government use the velvet clove know thai encased incased within is the iron fist burke truly says the teacher who contracts to manage a public school undertakes to do something more than merely to prescribe lessons an hear recitations the teacher assumes to govern alie school to maintain order in and about the school house during school hours and to compel such conduct oa the part of the pupils as shall most conduce to their own welfare and that of the school as a whole the authority to commend tills would be nugatory if the teacher were not armed with some coercive power we accordingly find the law to he eliat a school teacher stands in loco par end s in relation to the pupils commuted commit ed to his charge CT hile y are under his care so far as to enforce obedience to hiis commands lawfully given in his capacity of schoolmaster and lie may therefore enforce them by moderate correction many cases are cited to support this last proposition should the teacher however inflict more than reasonable punishment he would be criminally liable the chasec ment must not be disproportionate to the offense committed or the age size and constitution of the pupil and the teacher will be liable in damages if he inflict immoderate or unnecessary punishment though his motives were good and he did it without actual malice the lat tei w ill be presumed from the circum the teacher during school hours stands in the place of the parent as we have seen and whatever |
