« PreviousContinue »
annulled a certificate of qualification to a teacher, or have refused to grant or annul such certificate ; and where they have undertaken to perform any official act, or refused to discharge any duty imposed by law or under its authority, in the inspection of teachers and visi. tation of schools.
V. Where clerks of districts, clerks of towns, or other ministerial officers, refuse to perform any duty enjoined by the Common School Act.
VI. Where any other matter under the said act shall be present ed, either in consequence of disputes between districts respecting their boundaries, or on any other subject; or in consequence of dis. putes between any officers charged with the execution of any duties under the laws concerning common schools, or disputes between them and any other person relating to such duties or any of them. Under the 4th section of the " Act respecting School District Li
braries." (No. 183.) VII. Appeals may be made from any act or decision of trustees or school districts concerning the libraries, or the books therein, or the use of such books.
VIII. Any act or decision of the librarian in respect to the libra.
IX. Any act or decision of any district meeting in relation to their school library.
X, Appeals also lie from the acts of Town Superintendents of common schools in withholding or paying over library money to any district. Under the 40th Section of the Act of 1841, relating to Common
Schools. (No. 161.) XI. All proceedings under any authority conferred by this act upon any of the officers connected with the common schools, and all omissions and refusals to perform any duty enjoined by said act, is subject to appeal in the same manner and with the like effect as in cases arising under the 110th section above referred to.
BY WHOM APPEALS ARE TO BE MADE. XII. The person aggrieved by the act complained of, only, can appeal. Generally,.every inhabitant of a district is aggrieved by the wrongful act or omission of a trustee or Town Superintendent, by which money or property is disposed of, or not secured for the benefit of the district. But no one is aggrieved by another being in. cluded in a tax list, or rate-bill, although other inhabitants are by the omission of one who should be taxed ; and appeals may be made by trustees, in behalf of their districts, whenever they are ag. grieved.
FORM AND MANNER OT PROCEEDING. XIII. An appeal must be in writing and signed by the appellant. When made by the trustees of a district, it must be signed by all the trustees, or a reason must be given for the omission of any, verified by the oath of the appellant, or of some person acquainted with such reason.
XIV. A copy of the appeal, duly verified, and of all the statements, maps and papers intended to be presented in support of it, must be served on the officers whose act or decision is complained of, or some one of them ; or if it be from the decision or proceed. ings of a district meeting, upon the district clerk or one of the trustees, whose duty it is to cause information of such appeal to be given to the inhabitants who voted for the decision or proceeding appealed from.
XV. Such service must be made within thirty days after the ma. king of the decision, or the performance of the act complained of: or within that time, after the knowledge of the cause of complaint came to the appellant, or some satisfactory excuse must be rendered for the delay.
XVI. The party on whom the appeal was served, must within ten days from the time of such service, answer the same, either by concurring in a statement of facts with the appellant, or by a sepa. rate answer. Such statement and answer must be signed by all the trustees, or other officers, whose act, omission or decision is appeal. ed from, or a good reason on oath must be given for the omission of the signature of any of them, verified by oath, and a copy of such answer must be served on the appellants or some one of them.
XVII. So far as the parties concur in a statement no oath will be required to it. But all facts, maps or papers, not agreed upon by them and evidenced by their signatures on both sides, must be verified by oath.
XVIII. All oaths required by these regulations must be taken before a judge of a court of record, a commissioner of deeds, or a justice of the peace.
XIX. A copy of the answer, and of all the statements, maps and papers intended to be presented in support of it, must be served upon the appellants or some one of them, with ten days after service of a copy of the appeal, unless further time be given by the County Superintendent, on application, in special cases; but no replication or rejoinder shall be allowed, except by permission of the County Superintendent, and in reference exclusively to matters arising upon the answer, and which may be deemed by such County Superintend. ent pertinent to the issue : in which case such replication and re. joinder shall be duly verified by oath and copies thereof served on the opposite party.
XX. Proof or admission of the service of copies of the appeal, answer, and all other papers intended to be used on the hearing of such appeal, must, in all cases, accompany the same.
XXI. When any proceeding of a district meeting is appealed from ; and when the inhabitants of a district generally are interested in the matter of the appeal; and in all cases where an inhabitant might be an appellant, had the decision or proceeding been the opposite of that which was made or had ; any one or more of such inhabi. tants may answer the appeal, with or without the trustees.
XXII. Where the appeal has relation to the alteration or forma. tion of a school district, it must be accompanied by a map, exhibiting the site of the school-house, the roads, the old and new lines of districts, the different lots, the particular location and distance from the school-houses, of the persons aggrieved ; and their relative dis
tance if there are two or more school-houses in question. Also, a list of all the taxable inhabitants in the district or territory to be affected by the question: the valuation of their property taken from the last assessment roll, and the number of children between five and sixteen belonging to each person, distinguishing the districts to which they respectively belong.
XXIII. When the copy of the appeal is served, all proceedings upon or in continuation of the act complained of, or consequent in any way upon such act, must be suspended, until the case is decided So where any decision concerning the distribution of públic money to one or more districts is appealed from, the Town Superintendent must retain the money which is in dispute until the appeal is decided. And where trustees have money in their hands claimed to belong to any person, or any other district, after the copy of an appeal is served on them in relation to such claim, they must retain such moneys to abide the result, and must not expend them so as to defeat the object of the appeal.
XXIV. Whenever a decision is made by the County Superintendent, and communicated to the Town Superintendent of common schools, respecting the formation, division or alteration of districts, he must cause the decision to be recorded in the office of the town clerk. All other decisions communicated to him, or to the trustees of districts, are to be kept among the official papers of the clerk of the town or district and handed over to his successors; and the district clerks are required to record all such as come to their hands in the district book kept by them.
APPEALS TO THE STATE SUPERINTENDENT. XXV. The following regulations respecting the mode of bringing an appeal from the decision of the County Superintendent have been prescribed in pursuance of the authority conferred by the se. venth section of the late act.
Whenever any party to an appeal shall be desirous of appealing to the Superintendent of Common Schools from the decision of any County Superintendent, such party shall, within fifteen days after service of a copy of such decision, serve a written notice upon such County Superintendent, either personally or by leaving the same at his residence, of his or their intention to appeal from such decision. Such County Superintendent shall, within ten days thereafter, transmit to the Superintendent of Common Schools, a statement setting forth all the allegations and proofs of the respective parties before him, or the originals or certified copies of such papers as were presented on such appeal, together with a copy of his decision thereon, for which he shall be entitled to receive the sum of one dollar, to be paid by the party appealing, on service of notice of his intention to bring said appeal. The respective County Superintendents shall annually render a correct account of the money so received by them, verified by their oath, to the board of supervisors of their counties; who, in their discretion may deduct the said amount from the postage account of such Superintendent. The final decision of the Su. perintendent in the premises shall be communicated by the County Superintendent to the respective parties, on application by them, or
either of them. The bringing of such appeal from the decision of the County Superintendent, shall not operate as a stay of proceed. ings, unless such stay shall be specially directed by such County Superintendent; in which case a copy of the order staying such proceedings shall be served upon the opposite party.
VI. MISCELLANEOUS DUTIES. 1. County Superintendents are undoubtedly within the class of public officers required by the Constitution to take the oath of office. This oath should be filed with the county clerk previous to the performance of any duty.
2. Upon being duly qualified, they are directed to announce the fact to the department, stating their places of residence, and the post-offices to which communications intended for them should be addressed. They will also state the most practicable mode of transmitting to them any books or packages.
3. It is recommended to them to assemble the teachers of neighboring districts, as often as may be, at convenient places, that they may communicate with him and each other, on the best modes of promoting the success of their schools. By comparing their views respecting the manner of teaching, the government of schools, and the various topics of practical duty, they will eventually derive much benefit. Indeed there is no subject on which more light may be thrown than on that of primary education, by full and free discussion; not for the purpose of maintaining preconceived opinions, but with the honest desire of improving by the experience and observation of others. And if permanent associations of teachers can be formed in each county, or where the county is large in different portions of it, they will not only promote the usefulness of the members, but will produce those feelings of reciprocal kindness and good will, which should belong to a profession of such importance, and enable them to preserve and increase the public respect und confidence by the salutary restraint they may exercise over each other, and by the means they will thus possess of excluding unworthy associates. The regular and steady increase in the rate of wages paid to teachers, proves that their profession is advancing in public estimation. The unnatural augmentation of the numbers of those who have heretofore devoted themselves to other professions, particularly that of the law, has produced the usual effect of a redundancy; and many of the best educated young men in our state are now turning their attention to the business of instruction, as the pursuit of their lives. In this state of things more depends on the teachers themselves, than on any other cause, to elevate the character of their profession, and with it the standard of education, and thus expand to the utmost extent the blessings of our schools.
4. Where there are two Superintendents appointed for the same county, they should abstain from all interference with the powers and duties of each other, as carefully, as if they were appointed for separate counties. A violation of this regulation will be sure to be followed by contentions and difficulties the most disastrous. Yet they should frequently meet, so as to produce, as far as possible, harmony of design and concert of action. The reports from each will necessarily relate to his own division of the county. They should, however, unite in a joint report to the department.
6. It is earnestly recommended to the Superintendents of neighboring counties to meet as often as their duties will permit, to compare their observations, to assist in the formation of plans by which the modes of instruction and government in schools may be improved, and their own duties simplified and facilitated; and to promote, by all the means in their power, the success of the great and beneficent system entrusted to their hands.
8. The compensation of the County Superintendents is provided for by $ 39, of the act of 1841, (No. 174.) They should make out an account of the number of days "necessarily spent in the discharge of their duties," which should be verified in the manner required by the board of supervisors, which is usually by oath. The board is then to audit and certify the whole amount to be paid. Upon producing to the county treasurer a certified copy of the resolution of the board, he is to pay one equal moiety out of the moneys in his hands for the contingent charges of the county. Another copy of the resolution of the board, certified by the chairman and clerk, should then be procured. To this should be attached an order signed by the County Superintendent drawing it, to the treasurer of the state, directing the payment of the re