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OF FREE SCHOOLS.

CHAPTER 67.

FREE SCHOOLS.

AN ACT providing for the appointment of a Superintendent of Free

Schools for each of the Counties of this State.

perinten

Assistant

dent:

tas.

Be it cnailed by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

SECTION 1. That the offices of State Superintendent of state sufree schools and of Assistant Superintendent of Free Schools for this State, shall be abolished from and after the expiration

abolisbed. of the term of office of the present incumbents, and in lieu

Suthereof there shall be appointed a Superintendent of free erintenschools for each of the counties of this State.

SECTION 2. That the Governor of this State shall on the County vursecond Tuesday of April in the present year, and annually dents, when thereafter appoint and commission a suitable person to be "ppointech Superintendent of Free Schools for New Castle County; and a like suitable person to be Superintendent of Free Schools for Kent County; and another like suitable person to be Superintendent of Free Schools for Sussex County. Eaclı of the persons so appointed shall be of good moral character and Qualificawell qualified by their mental and scholarly attainments for such office. The term of office of such appointees shall be for one year, and until their successors are appointed. And any vacancy by deatlı, resignation, or otherwise, shall be filled by the Governor for the unexpired term. The persons superinso appointed shall after their appointment be residents of the be residents county for which they are appointed, and shall continue such county. residents of the county during their term of office.

SECTION 3. The Superintendent shall visit eachi school to visit the within the county for which he is appointed at least twice a year, eachi visit to be of not less than two liours duration, provided said school is kept open at least eight months each school toho vear. He shall note in a book, to be kept for that purpose, length of the number of scholars, the condition of school building, ground and appurtenances, the qualification and efficiency of Qualitigathe teachers, the conduct and standing of the scholars, the teachers. method of instruction, and the discipline and government of the schools. In the visits of the Superintendent to the

Discipline. schools he shall advise with the teachers, respectively, and give them such instruction in regard to discipline and teaching as lie may deein necessary; and shall have power to sus-ya-tend

schools.

time.

Power to

teachers

OF FREE SCHOOLS.

pend or withdraw any teacher's certificate upon his refusal to comply with the reasonable directions of the Superintendent,

subject, however, to an appeal as in other cases. He shall, Superin. by every means in his power, strive to promote and advance

the cause of education and interest in the schools; and in order to secure his entire time he shall not engage in any other business, or pursue any other calling.

to engage in no other business.

To examine teachers.

places of examination.

Who to have first urade certificate.

SECTION 4. The Superintendent shall examine all persons who shall apply to liim for that purpose, and who propose to

teach in the county for which he is Superintendent. And Who may any one interested may attend such examination, which may amination. be oral, or by printed or written questions, or partly by each Times and method. These examinations may be at such times and

places as the Superintendent may appoint, having due regard to the necessities of the schools and convenience of the teachers. Every applicant who is of good moral character, and who shall be foʻund qualified to teach orthography, reading, writing, mental arithmetic, written arithmetic, geography, history of the United States, English grammar, elements of

rhetoric, algebra, geometry and natural philosophy, shall be State bward recommended to the State Board of Education for a first certificate. grade certificate; and the said board approving the same shall President authorize and direct such certificate to issue, signed by the of board to Superintendent, recommending the same, and countersigned certificate. by the President of said board; and the certificate so issued Certificate shall be good for three years unless sooner revoked by the three years. Superintendent for cause to be approved by said board.

Every applicant who is of good moral character and who shall in examination answer ninety per cent of all questions asked in orthography, reading, writing, mental arithmetic, written arithmetic, geography, history of the United States, and English grammar, shall receive from the Superintendent a second grade certificate which shall be good for two years, unless sooner revoked for cause to be approved by: said board. If any such applicant fail to answer ninety per centum of the questions asked in examinations in the branches mentioned for a second grade certificate but shall answer at least sixty

per centum thereof, he shall receive from the Superintendent a Thirterade third grade certificate, which shall be good for one year unless

sooner revoked for cause. Any applicant having been refused a certificate may appeal to the State Board of Education. The Superintendent shall also keep an accurate list of all certificates granted by him, with the dates thereof and the names of the persons to whom granted.

Second grade (ertificates, who entitled to.

year.

Appeal.

OF FREE SCHOOLS.

dert.

SECTION 5.

The Superintendent* provided for in this act Compen shall each receive as compensation for their services annually yerintenthe sum of one thousand dollars to be paid quarterly by the State Treasurer out of any moneys belonging to the State not otherwise appropriated. SECTION 6. That it shall not be lawful after the first day

SchoolComof September next for the School Commissioners of any missioners, School District of this State to employ as teacher any person may emwho does not hold a certificate from the Superintendent of the plos. County wherein said District is located; and any one so employed shall receive no compensation whatever. Provided, Proviso. houlezier, that any person holding a certificate from the State Superintendent of Free Schools prior to the second (2) Tuesday of April, one thousand eight hudred and eighty-seven (1887), inay be employed to teach in any County of this State during the term for which the certificate shall continue in force, without the necessity of getting another certificate from the Superintendent of the County in which he proposes to teach. SECTION 7.

The Superintendents provided for by this act shall annually on the first Tuesday in November in each and Rempt to every year, report in writing to the President of the State Board of Board of Education, the condition of the public schools, and make such recommendations and suggestions as they may

President of

Education.

think proper.

Vot to pur

SECTION 8. That the Superintendents provided for in this act shall not be allowed to purchase any of the school books chuse banks used in the public schools of this State, at the expense of the State. SECTION 9.

The Secretary of State, President of Delaware College, and the three Superintendents provided for in State Board this act, shall constitute a State Board of Education for this on, who State, who shall meet on the first Tuesday of January in each and every year, in the Capital at Dover, at two (2) o'clock in the afternoon. The Secretary of State shall act as Secretary place of of said Board of Education. The President of Delaware College shall, by virtue of his office, be President of said President Board of Education. The State Board of Education shall hear appeals and determine finally all matters of controversy between the Superintendent and teachers or any applicant for a certificate, and the Superintendent or Commissioners; and between school commissioners and teachers. The State Board of Education shall determine what text books are to be used in free schools of this State; provided, hoacter, that the text in the free

shall consti

board. Time and

*Saen: olleil.

meetiny.

Text books

schoo's.

OF FREE SCHOOLS.

changed till

1890.

how made.

books.

No com

to members of board

Majority to constitute a quoruni.

Records,

books decided upon by the State Board of Education, on the

second (2) Tuesday of July, one thousand eight hundred and pot to be, eighty-five (1885), shall not be changed until the expiration

of five years thereafter. The State Board of Education shall

issue a uniform series of blanks for the use of teachers, and Returns

shall require all records to be kept and returns to be made

according to these forms. They shall also prepare and disComunicato tribute the proper forms to be signed by the school commiscerti'y text sioners of each district respectively certifying under their

hands that they have adopted and used in their respective districts, the text books directed to be used by the State Board

of Education, and no other, except in branches in which said pensation board has given no direction. The members of the State

Board of Education shall receive no salary or compensation for the performance of the duties thereof. A majority of the members of the State Board of Education shall constitute a quorum to do business, but a less number may adjourn from time to time until a quorum be obtained. Their secretary shall keep a record of their proceedings, and all books, papers, and other documents, shall be carefully preserved by the sec

retary, and be by him lianded over to his successor in office. how kepit.

SECTION 10. It shall be the duty of the President of the

State Board of Education on the first Tuesday of December, Presiilept one thousand eight hundred and eighty nine (1889), and biento severnor nially thereafter to report, in writing, to the Governor, the thecondi condition of the public schools, and to make such suggestions

and recommendations in regard thereto as he shall deem proper and advisable; and he shall be allowed for his services in making such report, a sum not exceeding twenty-five dollars,

SECTION U. That the act entitled "An act to appropriate inoney for free schools in this State, and for other purposes, passed at Dover, April the nineteenth, one thousand eight

hundred and eighty-three (1883), be and the same is liereby Act of April amended by striking out the whole of Section eight (8) of

said act, and by inserting in lieu thereof as Section eight (8),

of said act, the following: "Section 8. That it shall be the stricken out

duty of the Superintendent of Free Schools for cach of the couuties of this State to ascertain the amount due each school district or consolidation of districts, in the county wherein le is superintendent, under the provisions of this act, and to furnish a schedule thereof to the State Treasurer, on or before

the first day of Jue, in each and every year. The amounts Money bid

. hereby appropriated and so ascertained, shall be paid by the

to report

schools.

Sections

Amounts due under old law.

OF FREE SCHOOLS.

State Treasurer, in the proportions provided in Section one (1), to the order of the school commissioners of the respective districts, or of the boards of education of consolidated school districts, when demanded by them after the ascertainment so inade."

SECTION 12. That each superintendent provided for in this Teachers ' act shall hold a Teachers' Institute in the county of which he then they is superintendent, at least once a year, of at least three days session, at which time all the teachers in the county shall attend, unless unavoidably detained, at which time the super-Sanerin: intendent shall give all the information to teachers within his duty. power, and such other instructions as he may deem advisable for the advancement of education, and have a general interchange of views of teachers as to the wants of the various schools. SECTION 13.

It shall be the duty of every teacher em- Teachers ployed under the provisions of this act, to make out and hand paint, to to the commissioners of the district, at the end of each quar- mule. ter, a report setting forth the whole number of pupils attending school during the quarter designated, whether male or female, the number of days each has attended, the books used and branches taught; and until such report shall have been made, it shall not be lawful for the Commissioners to pay such teacher his or her salary. The reports made in pursuance of this provision shall be forwarded annually in the month of Kersdor April by the clerks of the several districts to the Sırperintendent of their County.

SECTION 14. That in the month of August next, and annually thereafter, the Trustees of the school fund shall set apart out of the portion of the school fund distributed to each Money for county the sum of one hundred dollars, the same to be ap- institute. plied toward the expenses of holding the Teachers Institute in each county of this State, which sum so set apart to each of the said counties shall be paid to the Superintendent of free schools of each of the counties upon his draft on the Draft on Trustee of the school fund; and the money so drawn by him shall be expended by him towards defraying the expenses of amount. the Teachers Institutes in the County for which he is Superintendent, and shall be used for no other purpose whatever.

SECTION 15. It shall be the duty of the present State Superintendent of Free Schools, and of the Assistant Superintendent of Free Schools immediately upon the expiration of their present term of office to deliver to the Secretary of papers, to State all books, records, documents, report forms, blanks, livered.

State Treasurer for

Books and

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