As to hours of school, see page 170.

A teacher entered into contract for 3 months with option to teach the entire year if satisfaction was given. Held that she could not be discharged at the end of six months. N W 772)

(69

A contract for a year includes the two months of vacation (707); but during these months the teacher may teach another school or otherwise employ his time. (710)

Usually the yearly salary is paid in 10 equal instalments, but in some schools it is paid in 12 instalments. Where engagement is by the month, and teachers receive onetwelfth of the annual salary each month, a teacher who has completed the school year must be paid for the vacation months, even if she has declined to remain.-S. B. xiv. 95.

A teacher engaged for a year at a specified salary was paid 1-9 each month, on assumption there would be 9 months. There were 8 months. Held that she must be paid the other 1-9. (Williams vs. Bagtelle, Cal.)

A stipulation to pay "for the time actually occupied in school" must be construed simply as an intention to prohibit plaintiff from drawing her salary during vacation, or during the time she might be excusably absent or temporarily unable to discharge her duties, and not to apply to such time as the defendant might arbitrarily prevent plaintiff from performing her duties without discharging her under the contract. (60 Pac 1100)

Unless otherwise specified, the contract requires no school upon holidays.

The commissioner of education directs that. Feb 12 and Feb. 22 be observed by appropriate exercises in schools, programmes for which he supplies. Though these are holidays schools may be kept open or closed in the discretion of the school authorities. (452, 702)

When a holiday comes on Sunday, it is celebrated on the Monday following.

For these days no deduction from wages is to be made. But if the teacher keeps the school open on a holiday, he is not entitled to have such day's service counted in lieu of another day not a holiday. (39 Mich 480; 62 Mich 153)

The custom is so well established of keeping the school in session on the five work-days of each week exclusive of Saturday, that to change this custom would require action by the board, but in Ohio they may authorize that there shall be no session on Monday.

In Iowa it is lawful for a board to give teachers holidays and not deduct pay, and quite usual. The teacher, however, may not claim it as a right.

Sup't Geeting of Indiana ruled that if the school be closed by the trustees that the pupils may attend the county fair, the teacher cannot be compelled to make up the time. Ind. School Journal, xiii. 15. (See 74 Ind 127)

The statute requires that the teacher receive full pay for institute week. (623)

Schools in cities and incorporated villages employing a superintendent are not compelled to close for the institute, or to allow their teachers pay for attendance, but they sometimes do so.

The trustees of every school district are directed to give the teacher or teachers employed by them, the whole of the time spent by them in attending at an institute or institutes held as herein before stated, without deducting anything from the wages of such teacher or teachers for the time so spent. All teachers under a contract to teach in any school commissioner district must attend such institute so held for that district, even though at the time the school is not in session, and receive wages for such attendance.

A teacher must be paid for the week spent at teachers' institute occurring during the term of employment. When,

at the request of a board of trustees, a teacher taught an additional week, the teacher must be paid for that week at the contract rate. An attempt to compel a teacher to make up for the time spent at an institute will not be sustained. (D 3523)

Arranging a period of vacation by a trustee so as to avoid the payment of wages during the week of a teachers' institute, and which the teacher duly attended, is contrary to the statute. (D 3892)

Teachers will be entitled to pay for a week during which school was closed in consequence of a teachers' institute having been designated for that week, but not held because of storms and floods which rendered it impossible. Also, to the week to which the institute was adjourned and held, school having been closed. (D 3623)

A teacher may attend an institute outside her own district, if she has the consent of the trustee, the commissioner, and the commissioner of education.-S. B. xx. 37.

In S. D. teachers receive one-half pay for attendance. In Ore. they are paid for not more than 2 days.

In some states the state even pays the necessary expenses for the holding of state associations of teachers, and teachers may suspend their schools for not more than 2 days in the year to attend such associations, and receive pay for their time.

For penalty if teacher fails to attend institute, see page 94.

A teacher of a district school neglected to attend the session of a teachers' institute, although the school was closed during the week, by the trustees' direction, because of a report which prevailed that a contagious disease was prevalent in the vicinity where the institute was held. Held, that the teacher was not entitled to recover pay for the week of the institute. (D 3829)

The contract is sometimes conditional upon the teacher's attending local teachers' meetings.

Where a teacher is prevented from filling a contract from misfortunes that happen to the district, he can recover for full time. (19 Ill A 48, 23 Ill 367, 39 Ill 446, 13 Neb 52, 13 N W 16)

Va. authorizes the trustees, with the approval of the county superintendent, to close the schools "for a sufficient cause", and pay the teacher for the time taught; and Ia. while acknowledging the right of the teacher to full pay, says such cases are best settled by compromise.

Nora Meredith of Henry county, Indiana, began teaching school, but the trustee closed it on account of small attendance. He was obliged to pay her full salary. (70 N 93)

When school is closed on account of contagious or other sickness, the teacher may recover full pay. (D 3706, 3791, 5079, 5082, 10 Ind A 428, 50 L R A I 371, 43 Mich 480, 50 Vt 30)

The same principle applies when school is necessarily closed on account of a blizzard.-S. B. xiv. 98.

If the schoolhouse is burned, the teacher recovers for full period of contract. (D 3917, S. B. x 93, 23 Ill 367, 69 Mich 589. But see 24 Mo A 250)

Three teachers were engaged in No. 1, Westchester, on Aug. 27, 1887. Through wrangling on the part of the trustees the school was not opened till Jan. 9. 1888. The teachers must be paid in full as though school had been in session. (D 3679) So as to payment. (4 Ohio 561)

Action of a board of education in resolving to close public schools for the reason that the corporate authorities upon whom the duty to provide funds devolves by law, neglect to provide necessary means, will not be upheld. Teachers under contract would

have a remedy by law, if wages provided for by contracts were in default, although prevented from teaching by the closing of the schools. (D 3993, 31 Minn 319)

If the enforced vacation extended over some months, it is possible that the teacher might be expected to use due diligence to find other employment. (31 Neb 501, 48 N W 267)