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Superintendent's Department.

OPINIONS, ETC., FROM THE OFFICE OF THE STATE SUPERINTENDENT.

(Continued from the June Number.)

DISTRICT OFFICERS-POWERS AND DUTIES.

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Q. Have the District Board the right to hire a teacher for four or five days in a week, just as suits their own convenience, without consulting the wishes of the District ?

A. Custom, which makes law, has established the precedent of teaching five and six days in alterna je weeks in country schools, and five days each week in schools in cities and villages, and this custom is understood to be the voice of the district, unless it is otherwise directed; and we do not see how the Board would be authorized in departing from the established custom, except at the instance of the district. A legal month is twenty-two days, in either case.

It may well be questioned whether it is advisable for any schools to keep over five days in a week. It would, in our opinion, be advisable never to teach six days. For older scholars it might, perhaps, not be injarious ; but for the younger pupils it is, we fear, positively criminal to keep them so confined without giving them every week one good, whole, hearty play-day, for the Sabbath is not a day of recreation in this country We think, also that older pupils would progress equally fast with this allowance for relaxation. It would be a good work for districts to begin to change the custom from five and a half days, to five days' school in each week.

Q. Can a school district officer qualify after the ten days allowed by law have expired; and if he can not, and his office becomes vacant, when does the vacancy begin, at the time of his election, or at the expiration of the ten days?

4. A district school officer can not qualify after the ten days allowed by law have expired; his office then becomes vacant, and must be filled within ten days by the remaining members of the Board, or afterward by the Town Saperintendent. The vacancy commences at the expiration of the, ten days, the law allowing the old officers to hold their offices that length of time after the expiration of their year, for this express purpose.

Q. Does the same rale, as above laid down, apply to Town Superinten. dents ?

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A. It does; except that in case of a vacancy the Board of Supervisors have the power of appointing an officer to fill such vacancy.

A. On a district officer hold office more than ten days after the annual meeting at which his successor should bave been elected?

A. He can not.

Q. The law says a district shall be duly organized when any two of its officers are elected and qualified, and that it shall be legally organized afI ter it has exercised the franchises of a district for two years; now, can

the superintendent of a town, alter the limits of a joint district, by taking the territory in his town from the said joint district, without the consent of the superintendents of the other towns, provided his action is within two years from the formation of the said joint district ?

A. He can not, for the district is duly organized, according to the law, and such due organization must be treated in all respects by the district and town officers as a perfect and legal organization. Compiled from the records of the Department, by

S. H. CARPENTER,
Assistant State Supt. of Public Instruction.

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The special attention of District Clerks is called to the Sixth Section of the

New School Law, which follows, with the specific direction there given as to the di time for making their annual reports; and Town Superintendents will greatly ther

subserve the public interest by making known to District Clerks their duty in 10

this particular.

Blanks for reports of District Clerks and Town Superintendents will be sent to Tiled Town Superintendents for their respective towns during the month of July; and by all Town Superintendents who may not have received them by the 1st of August od are specially desired to notify this Department of the fact, with their post-office ada dress, that a new supply may be sent forward in season. Very respectfully,

LYMAN C. DRAPER,

State Superintendent of Public Instruction.

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AMENDMENTS TO THE SCHOOL LAWS.

[Published June 1st, 1888. ]

CHAPTER CXXXVIII.

AN ACT to amend an act entitled “ An act to amend chapter nineteen of the Revised Statu.

tes, and to compile the School Laws of Wisconsin," approved April 1st, 1854.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

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Section 1. Section twelve of an act to amend chapter nineteen of the Revised Statates, and to compile the school laws of Wisconsin, approved April 18t 1854, is hereby amended so as to read as follows: "Special district meetings may be called by the clerk, or in his absence, by the director or treasurer, on the written request of any five legal voters of the district, by noti. fying all the legal voters in such district, and the inhabitants qualified by law to vote, when lawfully assembled at a special meeting shall have power to transact the same business as at the first and each annual meeting."

Sec. 2. So much of chapter nineteen of the Revised Statutes as relates to the assessment and collection of school distriet taxes, is hereby revived for the purpose of assessing and collecting any tax that may be voted at any special meeting, in accordance with the provisions of section one of this act.

Sec. 3. This section amends section 14 of the School Law of 1854, increasing the power of a district meeting to vote a tax for building, hiriog, or purchasing a school-house, from three to ive hundred dollars, without the certificate of the Town Superintendent.

Sec. 4. This section provides that the District Board shall be elected for three years: Pro. vided, That at the first ann nal election of district officers after the passage of this act, and at the first election of such officers in any newly organized district, the clerk shall be chosen for one

the treasurer for two years, and the director for three years; and thereafter each officer shall be chosen for three years.

Sec. 5, Simply makes some necessary verbal changes in section 20 and 21 of the law of 1854, relative to District Treasurers making their final report, not at the end of the year, but at the close of their term of service.

Sec. 6. In consequence of the change of the fiscal year of the State requiring the annual reports of the State officers to be made within ten days after the 1st of October, it became necessary to change the time for the District Clerks, Town Superintendents, and Olerks of Boards of Bupervisors, to make their annual reports. This section makes the school year end June 80th, and requires the District Clerk to make his annual report between the 1st and 15th days of July. These dates, however, are not the ones agreed on by the State Superintendent and the chairman of the Senste Committee on Education, with whom the bill originated, and neither can account for the blunder; nor was it discovered till after the publication of the law. As this change of the closing of the school year would, if enforced, prove exceedingly vexatious, if not fatal, to those districts that rely upon the summer months to make up their three months' school, to entitle them to public money, and, as in other particulars, it is impossible for the "State Superintendent and local officers to comply with this part of the law at this late date, the Superintendent of Public Instruction, with the consent and approval of the Governor, here. by authorizes and directs all Olerks of school districts in the State, to make their annual report, as was intended in the new law, and which is absolutely necessary in order to carry into effect the connecting requirements of the law, viz.: The school year to close, as formerly, August

31st, the report to bear date September 1st, and to be made between the Arst and tenth days of September to the Town Superintendent.

Sec. 7 requires the Town Superintendent to make his report to the Clerk of the Board of 80. pervisiors, bearing date the 15th day of September, between the fifteenth and twenty-fifth days of September.

Sec. 8 requires the Clork of the Board of Sapervisors to make his report to the Superintendent of Public Instruction, on or before the 10th day of October.

Sec. 9. This section requires the State Superintendent to make his annual report to the Gov. ernor on or before the 10th of December.

Soc. 10 amends section 94 of the law of 1854, 80 83 to make the districts or towns liable for costs, and not the Town Superintendents, when the atter commence an action on a bond.

Soc. 11 authorizes the State Superintendent to bave 5,000 copies of the existing school laws printedy ith necessary forms and regulations, and to send to each Town Superintendent a copy, and for each District Clerk.

Sec. 12. Whenever two-thirds of the legal voters of any two or more adjoining school dis. tricts shall at an annual meeting, by vote, determine to form a union district for high school purposes, it shall be the duty of the clerks of the districts 80 voting to furnish the town super. intendent a certified copy of the minutes of said meeting, together with the names of those vot. ing for and against said proposition, Upon receiving such notice it shall be the duty of the town superintendent to determine and establish the boundaries of said union district, and file a copy of such order with the town clerk. He may also, upon application, include persons and lands in adjoining districts in said union district, according to his discretion.

2. The control of such union district shall be vested in a board, consisting of director, treas. urer, and clerk, who shall be elected in the same manner, and hold their offices the same as officers of the district boards, subjact to the same rules and penalties; Prootded, That the town superinten dent shall bave power to appoint the first board of such union district.

8. The expenses of said union school district incurred in purchasing or leasing school.houses, or sites, in building or repairing school-houses, out-houses, fences, etc., in hiring teachers, and in establishing and carrying on said high school, shall be defrayed by a tax upon the real and personal property of said unlon district at its annual or special meetings, and shall be levied and collected in the manner hereinbefore provided for the assessment and collection of district taxes. No fee for tuition shall be charged or collected; Provided, however, that such tuition fee may be charged and collected from scholars not residing in the union district, which fee or fees shall go into the general fund of said union district.

4. The board of said union district, together with the town superintendent, shall constitute a board to determine the standard of qualification necessary for admission, the branches to be taught, and the books and apparatus to be used in said high school; and shall also examine all candidates for teaching in such high school, and award certificates to those deemed competente

3. The annual meeting of the union school districts shall be held on the Wednesday after the last Monday in September in each year, and such meeting shall have power to transact all busi. ness as prescribed in section 11 of the act to which this act is amendatory.

6. Special meetings may be held as provided in section 12 of said act.

7. Whon it is proposed to form union districts of territory lying in two or more adjoining towns, then the respective superintendents of those towns shall act la concert in the formation of such union district as now required in the formation of joint districts, and the superintendent of the town in which the house shall be situated, shall have the superintendence and control of said union district after its organization,

8. Nothing in this law shall be construed so as to impair the organization of primary dis. tricts within such union district.

Soc. 18. It shall be the duty of the town superintendent of schools in each town, to prosecute any district treasurer of his town, whenever such treasurer sball use or pay out any money, in

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AMENDMENTS TO THE SCHOOL LAWS.

[Published June 1st, 1858.]

CHAPTER CXXXVIII.

AN ACT to amend an act entitled "An act to amend chapter nineteen of the Revised Statu

tes, and to compile the School Laws of Wisconsin," approved April 1st, 1854.

The people of the State Of Wisconsin, represented in Senate and Assembly, do enact as follows:

Section 1. Section twelve of an act to amend chapter nineteen of the Revised Statates, and to compile the school laws of Wisconsin, approved April 1st 1854, is hereby amended so as to read as follows: "Special district meetings may be called by the clerk, or in his absence, by the director or treasurer, on the written request of any five legal voters of the district, by noti. fying all the legal voters in such district, and the inhabitants qualified by law to vote, when lawfully assembled at a special meeting shall have power to transact the same business as at the first and each annual meeting."

Sec. 2. so much of chapter nineteen of the Revised Statutes as relates to the assessment and collection of school district taxes, is hereby revived for the purpose of assessing and collecting any tax that may be voted at any special meeting, in accordance with the provisions of section one of this act.

Sec. 3. This section amends section 14 of the School Law of 1854, increasing the power of & district meeting to vote a tax for building, hiring, or purchasing & school-house, from three to five hundred dollars, without the certificate of the Town Superintendent.

Sec. 4. This section provides that the District Board shall be elected for three years: Provided, That at the first ano pal election of district officers after the passage of this act, and at the first election of such officers in any newly organized district, the clerk shall be chosen for one year, the treasurer för two years, and the director for three years; and thereafter each officer shall be chosen for three years.

Sec. 8. Simply makes some necessary verbal changes in section 20 and 21 of the law of 1854, relative to District Treasurers making their final report, not at the end of the year, but at the close of their term of service.

Sec. 6. In consequence of the change of the fiscal year of the State requiring the annual reports of the State officers to be made within ten days after the 1st of October, it became necossary to change the time for the Distriot Clerks, Town Superintendents, and Clerks of Boards of Supervisors, to make their annual reports. This section makes the school year end June 30th, and requires the District Clerk to make his annual report between the 1st and 15th days of July. These dates, however, are not the ones agreed on by the State Superintendent and the chairman of the Senate Committee on Education, with whom the bill originated, and neither can account for the blunder; nor was it discovered till after the publication of the law. As this change of the closing of the school year would, if enforced, prove exceedingly vexatious, if not fatal, to those districts that rely upon the summer months to make up their three months' school, to entitle them to public money, and, as in other particulars, it is impossible for the State Superintendent and local officers to comply with this part of the law at this late dato, the Superintendent of Public Instruction, with the consent and approval of the Governor, here. by authorizes and directs all Olerks of school districts in the State, to make their annual report, as was intended in the new law, and which is absolutely necessary in order to carry into effect the connecting requirements of the law, viz.: The school year to close, as formerly, August

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