IX. School directors and controllers.

8 May 1854 § 5. P. L. 618.

Term of office.

86. School directors shall be elected annually in each district of the state in the following manner, to wit: at the same time and place that elections are held for supervisors and constables, and in wards and cities or boroughs, at the time and When and how place of the borough or ward elections, and in like manner, (u) two qualified citi- directors to be zens shall be elected school directors in each district, whose term of office shall be elected. three years; (v) but in districts where directors have not been elected, or in new districts which may be established by the erection of a new ward, borough or township, six directors shall be elected in such districts: at the first election, two to serve one year, two to serve two years, and two to serve three years, and two annually thereafter; and in city and borough districts allowed to elect three directors, the whole number for each ward shall be chosen at the first annual election after the passage of this act, one to serve for one year, one to serve for two years, one to serve for three years, and one annually thereafter.

Ibid. § 6.

Returns, how

87. Duplicate returns of all elections for directors shall be made out, signed and sealed by the judges, and delivered by the constable or proper officer of said election, one to the board of directors, and the other to the court of quarter sessions of made. the county, within ten days thereafter; and each person elected a director(w) shall Person elected to be notified thereof in writing, within five days after the election, by the constable be notified. or other officer who held the election. If the legality of any election for directors Contested elecbe contested, in writing, (x) by not less than ten qualified citizens of the district, tions, how decided. the said court of quarter sessions is hereby authorized and required, forthwith to examine into the election, (y) and to confirm or set it aside, as shall seem just and proper; and if set aside, to order a new election at the usual place and in the usual manner, on not less than two weeks' public notice given by the proper officer.

Ibid. § 7. How vacancies to

88. Each board of directors shall have power to fill any vacancy which may occur therein by death, resignation, removal from the district or otherwise,(z) until the next annual election for directors, when such vacancy shall be filled by be filled. electing a person from the district in which the vacancy occurs to supply the same.(a)

Ibid. § S.

When seats of di

89. If any person duly elected a school director shall refuse to attend a regular meeting of the board, after having received written notice from the secretary to appear and enter upon (the) duties of his office, or if any person rectors may be having taken upon him the duties of his office as director, shall neglect to attend declared vacant. any two regular meetings of the board in succession, (b) unless detained by sickness, or prevented by absence from the district, or to act in his official capacity (c) when in attendance, the directors present shall have power to declare his seat in the board vacant, and to appoint another in his stead to serve until the next regular election. (d)

Ibid. § 9.

the court to ap

90. If all the members of any board of directors or controllers shall refuse or neglect to perform their duties(e) by levying the tax required by law, and to when all the diput or keep the schools in operation so far as the means of the district will admit, rectors refuse to or shall neglect or refuse to perform any other duty enjoined by law,(g) the court perform their duty, of quarter sessions of the proper county may, upon complaint in writing by any point. six taxable citizens of the district, and on due proof thereof, declare their seats vacant and appoint others in their stead, until the next annual election for directors.(h)

91. All directors shall be exempted from serving in any township, city or borough office, and from the performance of militia duty.

(u) The act prohibiting candidates for certain offices from serving as election officers, does not apply to school directors. 2 Wh. Dig. 604, pl. 6.

(2) By act 22 April 1863, their term of office is to commence on the first Monday of June in each year. But this act is not to extend to the cities of Philadelphia, Reading or Lancaster, nor to the county of Allegheny. P. L. 523.

(2) They need not be sworn, before entering upon their duties. 2 Wh. Dig. 604, pl. 7. They are held to be in office, from the time they receive their certificates of election, or claim their seats at a meeting of the board, with proper evidence of their election. 2 Wh. Dig. 604, pl. 8.

(2) The election of several directors may be contested in one proceeding. Mahanoy Election, 1 Leg. Chron. 314.

(y) The court has jurisdiction to inquire into the legality of the election, at the instance of contestants, not of supporters. Collins's Case, 2 Gr. 214.

(z) See Bouton v. Royce, 10 Phila. 559.

(a) When a vacancy is to be filled, the persons having the highest number of votes are elected, without reference to whether the tickets designated one of those voted to fill the vacancy. 2 Wh. Dig. 604, pl. 9.

Ibid. § 10.

(b) See Zulich v. Bowman, 42 P. S. 83, 89. (c) If a director, elected secretary, refuse to serve in that capacity, he "neglects to act in his official capacity," and his seat may be declared vacant. 2 Wh. 605, pl. 12.

(d) See Bouton v. Royce, 10 Phila. 559.

(e) If the board fail to organize, because none of them can obtain a majority of votes for president, it is such neglect of duty as will justify the court to declare their seats vacant, and to appoint others in their stead. 2 Wh. Dig. 605, pl. 11. See Bouton v. Royce, 10 Phila. 559.

(g) This jurisdiction is only given in cases of nonfeasance, not in those of misfeasance or malfeasance. Morrisville School District, 3 Phila. 181. But see Freeman v. Directors of Franklin Township, 37 P. S. 385. They are not liable to indictment for non-performance of their official duties; the remedy is under this section. McElhiney v. Commonwealth, 22 P. S. 365.

(h) See Heard v. Directors of Woodcock Township, 45 P. S. 93. Derry Township School District, 2 Pears. 24. School Directors of Pittston, 6 Luz. L. Reg. 84. Kline v. School Directors of New London, 2 Chest. Co. 517; 2 Del. Co. 407.

13 June 1836 § 2. P. L. 52S.

11 April 1862 § 2. P. L. 471.

ors, &c., in case of a tie.

Elections to fill vacancies.

92. No school director * * shall receive any pay or emolument whatever for his services as such.(i)

93. When two or more candidates shall have an equal number of votes for the same term of office, at any election of directors or controllers, whereby their elecElection of direct- tion shall be prevented, the said candidates shall appear at the next regular meeting of the board of directors or controllers, which said board shall determine their rights to seats therein in the following manner: ballots shall be prepared, equal in number to the opposing candidates, on one-half of which the word "director” shall be written, whereupon the said candidates shall each draw, from a proper receptacle, one of said ballots, and the candidate or candidates drawing the ballot or ballots marked "director," shall be held and deemed duly elected to the said office of director or controller; and if vacancies are to be filled, at any election of directors, in addition to the persons to be elected for the regular term, and the voters shall all neglect to designate on their tickets the term of office for which each person voted for is a candidate, then the person or persons having the highest number of votes, shall be declared elected for the longest term or terms; the next highest in vote, after the filling of the longest term, shall be declared elected for the next longest term, and so on, until all the terms vacant shall be filled. 94. All persons elected to the office of school director, after the passage of this act, in the commonwealth of Pennsylvania, shall, before entering upon the duties of such office, take and subscribe to an oath or affirmation, that he will support the constitution of the United States and the constitution of the commonwealth of Pennsylvania, and the laws thereof; that he has used no unlawful means to procure his election to said office, and that he will discharge the duties of said office, for the district in which elected, faithfully and impartially, and to the best of his understanding and ability; which oath or affirmation shall be taken before a justice of the peace, notary public or some other_officer authorized to administer oaths, and a copy of the same shall be entered upon the minutes of the board of school directors of the proper district.

15 April 1891. P. L. 22.

School directors to be sworn.

8 May 1854 § 12. P. L. 619.

X. Officers and meetings of the board.

95. Annually, and within twenty days(k) after the election of directors, each board of school directors and each board of controllers, in cities and boroughs, shall meet and organize(1) by choosing a president and secretary, who shall be directors and con- members of the board, and a treasurer, who may be a member of the board or otherwise, at the discretion of the directors or controllers.

Organization of

trollers.

Ibid. § 13.

ident.

96. The president shall preside at the meetings of the board, call special meetings when necessary, issue the duplicate and warrant for the collection of the Duties of the pres- district taxes, take sufficient bond from the district treasurer for the faithful discharge of his duty, and sign the certificate of the assessment of the district taxes, and all orders issued on the district treasurer by order of the board; (m) also the annual report of the district to the county superintendent, and generally do and perform all other acts and duties lawfully pertaining to the office of president of the board.(n)

Ibid. § 14.

Duties of the secretary.

Compensation.

97. The secretary shall keep full minutes of all the proceedings of the board,(0) in a book provided for that purpose, prepare the duplicate of school tax, keep an account of all abatements and exonerations made by the board, prepare, attest and forward to the county superintendent, the annual certificate that the schools have been kept open during the minimum period specified by law, also the annual report of the district, prepare and attest all orders on the treasurer, (p) and do and perform all other acts and duties lawfully pertaining to the office of secretary of the board;(q) and for his services shall receive such compensation as the board may

direct.

(i) See McKernan v. West Mahanoy School District, 38 L. I. 96.

(k) If they neglect to organize within twenty days, they may do so afterwards, if no steps be taken to remove them in the meantime. 2 Wh. Dig. 605, pl. 14. By act 22 April 1863, the organization is to take place within ten days of the first Monday of June in each year; and the school tax is not to be levied until after such organization, nor before the first of July; but this act is not to extend to the cities of Philadelphia, Reading or Lancaster, nor to the county of Allegheny, P. L. 523. Where six persons constituting the board of school directors, fail to meet and organize on the first Monday in June, but meet separately in factions, their offices thereby become vacant, and may be filled by the court under the provisions of $9 of the act 8 May 1854. School District of Butler Township, 33 W. N. C. 290.

(1) See Bouton v. Royce, 10 Phila. 559.

(m) He has no power to draw an order on the treasurer, unless directed by resolution of the board. 2 Wh. Dig. 605, pl. 17. If the president and secretary

draw an order without authority, they are guilty of a misdemeanor; and if the board direct an order to be drawn for any other than a legitimate purpose, they subject themselves to indictment. 2 Wh. Dig. 605, pl. 19.

(n) If he engage a teacher, without authority, the contract is not binding on the district; but if the directors in any way recognize the contract, the district is bound to pay the salary agreed upon, until he is legally discharged. 2 Wh. Dig. 605, pl. 20.

(0) The neglect of school directors to make a record of their proceedings, does not avoid their contracts with third persons. School Directors v. McBride, 22 P. S. 215.

(p) If he refuse to sign an order legally drawn by the president, the board may appoint a secretary pro tem. to do it; and may also remove the secretary from the office of director, for refusing to act in his official capacity. 2 Wh. Dig. 605, pl. 17.

(q) If the president and secretary draw an order, without the authority of the board, they are guilty of a misdemeanor. 2 Wh. Dig. 605, pl. 19.

P. L. 619.

98. If the president or secretary shall absent himself from any meeting of the 8 May 1854 § 15. board, or being present, shall refuse to perform any of the duties of his office, a president or secretary pro tempore shall be appointed by the members present, an When president or entry thereof being made on the minutes; and the acts necessarily performed by secretary pro tem. such president or secretary pro tempore, during such meeting, shall be as valid and may be chosen. binding on the board and district, as if they had been performed by the regular officer of the board.

99. The treasurer(r) shall give bond to the president for the use of the district,

Ibid. § 16.

in such amount and with such sureties as shall be approved by the board, for the Treasurer to give faithful performance of his duties;(s) he shall receive all state appropriations, bond. district tax, and other funds of the district, and pay thereout all orders of the board signed by the president and attested by the secretary(t) he shall settle his His powers and accounts annually with the directors or controllers, (u) in default of which he shall duties. not be reappointed; he shall pay over the balance without delay to his successor in office; and generally do and perform all acts and duties lawfully pertaining to his office as district treasurer, and shall be allowed to retain not exceeding two per cent on the money passing through his hands for his services.

Ibid. § 17.

Meetings of direct

100. Each board of directors and controllers shall hold at least one stated meeting in every three months; and such other meetings as the circumstances of the district may require, shall be held at such time and place as may be designated by ors and controllers. the president and secretary, upon due notice given to each member of the board. If less than a majority of directors or controllers attend any meeting, (v) no business shall be transacted thereat, except that of adjournment, and of appointment to fill vacancies in the board, as is hereinbefore directed.

P. L. 681.

101. It shall be the duty of the borough and township auditors, in addition to the 21 May 1857 § 1. duties now imposed upon them by law, to settle annually the accounts of the school treasurers of the different school districts in this commonwealth; (w) and either Settlement of treasparty may take an appeal, as is now provided for in other cases of settlement of urers' accounts. accounts by township auditors: Provided, That this act shall not apply to the city and county of Philadelphia.

24 June 1885. P. L. 162.

102. Any taxpayer of or in any school district in this commonwealth, whether a resident or non-resident taxpayer, may make in behalf of the school district the appeal allowed by the first section of the act entitled "A supplement to an Any taxpayer may act for the regulation and continuance of a system of education by common appeal. schools," passed the twenty-first day of May, eighteen hundred and fifty-seven, within the time allowed, as in other cases of appeals from the reports of township auditors: Provided, That the taxpayer appealing shall enter into a recog- Costs. nizance, with one or more sufficient sureties, conditioned, that the party appealing will prosecute said appeal with effect, and that said party will pay all costs that may accrue thereon, in case the party appealing fail to obtain a final decision more favorable to the school district wherein the decision, from which the appeal was taken, was made.

P. L. 471.

103. The terms "stated meeting," or "regular meeting" of a board of directors 11 April 1862 § 3. or controllers, whenever they occur, in the act to which this is a further supplement, shall hereafter be taken to mean the first meeting thereof, for organization, Meetings reguafter the annual election of directors or controllers, and the monthly, or other lated. periodical meetings, held thereafter, in accordance with the standing regulations of the board; but if there are no standing regulations, then every meeting, held in succession, from said first meeting for organization, by adjournment to a time and place certain, and so entered on the minutes of the proper board, shall be, to all intents and purposes, regarded as a regular meeting.

Ibid. § 4.

No action to be had

in

101. No tax for school or building purposes shall be levied, no resolution shall be adopted for the purchase or sale of any school real estate, no school-house shall be located, or its location abandoned or changed, no teacher shall be appointed or certain cases dismissed, no annual school term shall be determined on, nor shall any general except on vote course of studies be adopted, or annual series of text-books be selected, in any of board. a majority of common school district, except by the affirmative votes of a majority of the whole number of the directors or controllers thereof; and in each of said cases, the names of the members voting, both in the affirmative and the negative, shall be so

(r) The offices of treasurer and secretary cannot properly be filled by the same person. 2 Wh. Dig. 605, pl. 21.

(8) School directors who vote for a misapplication of the public funds, are personally liable therefor to the township; and the treasurer, who was also a director, and voted for such misappropriation, cannot shield himself from liability, under the warrant of the board. Dickinson Township v. Linn, 36 P. S.

431.

(t) He has no discretionary power, but must pay the order, when presented, if he have funds; and the auditors cannot refuse to receive these orders as vouchers, even if drawn for an illegal purpose. 2 Wh. Dig. 605, pl. 23. Except he were himself a director,

and voted in favor of the misappropriation. Dickinson Township v. Linn, 36 P. S. 431.

(u) See infra 101. His refusal to pay over the whole funds in his possession, on demand, is evidence that he has used them for his private purposes, and subjects him to criminal prosecution. 2 Wh. Dig. 605, pl. 26.

(v) Four members constitute a quorum, and the acts of a majority of these are as binding as though all six were present and voted on the same side, except that the annual school tax must be levied by the votes of not less than four members. 2 Wh. Dig. 605, pl. 15.

(w) Such settlement is conclusive, unless on appeal. Porter v. School Directors, 18 P. S. 144.

P. L. 471.

11 April 1862 § 4. entered on the minutes of the board by the secretary;(x) and immediately after the annual appointment of teachers in each district, the secretary of the board shall send a written list of the names, and the schools to which they have been respectively appointed, to the proper county superintendent, with a notice of the day upon which the ensuing term of school, in the district, will commence, and the termination thereof, as directed by the board.

Duties of secretary.

To hold real and

&c.

trust.

105. If the president of the board of school directors or controllers, shall neglect or refuse to call special meetings, when required by a written request, signed by three members of the board, such meetings may be called by any two members of said board; and any business transacted at a meeting so called, shall be legal, the same as though the meetings had been held pursuant to a notice given by the president.

106. From and after the passage of this act it shall be unlawful for any director or member of the board of control of school districts in any city of the second class within this commonwealth, to hold the office of secretary of said board, or be employed by said board, while a member thereof, in any capacity in which any compensation is attached.(y)

107. All laws or parts of laws inconsistent herewith are hereby repealed.

XI. Corporate name and powers of school districts.

108. The several school districts within this commonwealth shall have capacity as bodies corporate :(z)

of

I. To sue and be sued as such, by the corporate name of The School District

II. To purchase and hold such real and personal property as may be necessary personal property, for the establishment and support of the schools, and the same to sell, alien and dispose of, when it shall no longer be necessary for the purposes aforesaid, and also, whenever the board of directors or controllers, in cases where school property has been conveyed to them, shall deem it expedient to make sale of the said real estate, for the purpose of reinvesting the proceeds thereof for school purposes; Real estate held in and in cases where real estate is held by trustees or others, for the general use of a neighborhood-for a school-house or its appendages — and when the same shall cease to be required, it shall be lawful for the said trustees or others, their survivor or survivors, or successors, to convey the same to the proper district, which shall be thereafter held by said district, for the same term and for the same uses for which it was originally granted to said trustees or others. But should the said trustees, from indisposition on the part of the proper board of school directors of the district to accept of said conveyance, or from other causes, find it impossible to release themselves from said trust, they or a majority of them may apply to the court of common pleas of the proper county, praying said court to authorize and direct the aforesaid trustee, trustees or other persons, to make sale of the same, having first given two weeks' previous notice, in one or more of the public prints of said county, of the time and place of said sale, and shall make return of proceeds of sale to said court, that the same may, by the direction of said court, be added to the funds of the proper school district; whereupon the said trustee, trustees or other person, shall be discharged from all responsibility in the premises. 109. All deeds and other contracts in writing, made by a school district, shall be signed and sealed by the president of the board of directors or controllers, and countersigned by the secretary.

Ibid. § 19. Deeds, how executed.

Ibid. § 20. Suits by and against school districts.

8 May 1854 § 22. P. L. 621.

When directors may contract loans.

Limitation of indebtedness.

21 April 1871 § 1.

P. L. 241.

How loans may be

contracted by school districts.

110. All suits by a school district shall be brought in its corporate name, and be conducted and managed by the board of directors or controllers, as the case may be; and all suits against such district shall style the same by its corporate name, and all legal process, other than writs to enforce payment of a judgment, shall be served on either the president or secretary of the board of directors or controllers, as the case may be.

XII. Power to contract loans.

111. For the purpose of erecting school-houses or purchasing ground whereon to erect school-houses, it shall be lawful for the directors or controllers of any district to borrow money at a rate of interest not exceeding six per centum, and issue bonds therefor in sums of not less than one hundred dollars each: Provided, That the total indebtedness incurred by any district under the provisions of this act shall not, at any time, exceed one-half of one per centum of the assessed value of the real estate of such district.

112. The several courts of common pleas of this commonwealth shall have power to authorize the school directors of any school district within their respective jurisdictions, to borrow money for the purpose of erecting school-houses, to an

(2) This only contemplates a recording of the yeas and nays, when there are votes on both sides; a statement that the vote was unanimous, is sufficient. Tobin v. Morgan, 70 P. S. 229.

(y) See the act 11 June 1885, P. L. 108, as to cities of the third class, tit. "Municipal Corporations." (z) They are not strictly municipal corporations. Wharton v. Directors of Cass Township, 42 P. S. 358.

P. L. 241.

amount not exceeding five per centum upon the last preceding adjusted triennial 21 April 1871 § 1. valuation of the property of said school district; and the said court may decree that such moneys shall be raised by bonds, mortgages or other security, at any rate not exceeding eight per centum, free from all taxation, and reimbursable at any period not exceeding twenty years from the date of such decree: [Provided, That before exercising jurisdiction of the petition of the board of school directors, or the majority thereof, for such decree, the said board shall produce to the court the consent, in writing, of a majority in number of the qualified electors of such district:](a) And provided further, That no such decree shall be made until notice by advertisements in two papers of said county (if so many shall be therein published), shall have been given by the said board of directors, during at least four weeks, of their intention to make application for such decree.

7 April 1873 § 1. P. L. 64.

113. That the proviso to the act giving the courts of common pleas of this commonwealth power to authorize school directors to borrow money, which requires them to produce to said court the consent, in writing, of a majority in number of Loans may be authe qualified electors of the district for whose use the money is wanted, be and the thorized without same is hereby repealed. (aa)

the consent of the electors.

P. L. 631.

XIII. General powers and duties of the directors. 114. The board of directors of every district, and controllers in cities and 8 May 1854 § 2. boroughs, under the provisions of section 2d, shall possess and exercise the following powers and perform the following duties, together with the other powers and duties given and enjoined by this act:

115. I. They shall establish a sufficient number of common schools (b) for the education of every individual between the ages of six and twenty-one years, (c) in their respective districts, who may apply for admission and instruction, either in person, or by parent, guardian or next friend.

Powers and duties

of directors, &c.

To establish

schools for minors

of certain ages.

school-houses.

116. II. They shall cause suitable lots of ground to be procured, and suitable To purchase or buildings to be erected, purchased or rented for school-houses, (d) and shall supply rent lots and erect the same with the proper convenience and fuel; and shall have power, with the May establish joint directors and controllers of adjoining districts, to establish joint schools, and the schools. expenses shall be paid as may be agreed upon by the directors or controllers of

said districts.(e)

117. III. In all cases where real estate has been or is held by trustees, for the Certain conveygeneral use of the neighborhood, as a school-house or its appendages, and the ances to be valid. same has been or shall be conveyed to the school district by the surviving trustees, such conveyance shall be as valid to pass the legal estate in the premises to such school district, as if executed by all of them, pursuant to the 14th section of the act of 13th June, Anno Domini 1836.(g)

118. IV. They shall exercise a general supervision over the schools of their To visit monthly. respective districts, and shall, by one or more of their number, visit every school

in the district, at least once in each month, and shall cause the result of such visit to be entered on the minutes of the board.

119. V. They shall have the appointment of all the teachers (h) of common To appoint and schools in the district, fix the amount of teachers' salaries, (i) and may dismiss them dismiss teachers at any time for incompetency,(k) cruelty, negligence or immorality.()

(a) Repealed by act of 7 April 1873, P. L. 64. (aa) The acts 14 April 1881, P. L. 10, 10 May 1881, P. L. 16, and 26 May 1881, P. L. 34, authorize school districts to refund their indebtedness with new bonds with or without interest, either before or after maturity or at a lower rate of interest.

(b) They have the exclusive right to locate schoolhouses. 2 Wh. Dig. 606, pl. 27-8. They may establish German schools. Ibid. 607, pl. 41. But not Sundayschools. Ibid. 607, pl. 44. The location of a schoolhouse is within the discretion of the school directors, and such discretion is not reviewable in equity. Roth v. School Directors, 33 W. N. C. 215. Where school directors have exercised their discretion in the location and number of school-houses, the court has no power to interfere in the absence of gross abuse of such discretion, or of evidence impugning their good faith. Ohio Township School Directors, 9 C. C. 392. Price v. School Directors, Ibid. 305.

(c) So amended by act 22 March 1865, § 5, P. L. 63. Directors will be removed where they neglect to provide a sufficient number of schools for the education of every individual between the ages of six and twenty-one in their district. Connoquenessing School Directors, 9 C. C. 426.

(d) They are a deliberative body; and having determined that it is inexpedient to erect a school-house in a particular location, they cannot be compelled to do so by mandamus. Case of Manheim Township, 4 Am. L. Reg. 163. They may erect as many schoolhouses as are needed, but no more; if the old houses

and fix salaries.

be not suitable, they may erect others. 2 Wh. Dig. 606, pl. 30. They may contract by themselves, or a committee, for the erection of a school-house; but the president has no such power. McLain v. Snyder Township School District, 12 P. S. 204. A committee to get up plans for a new school building, and submit them to the board for approval, has authority to contract for plans and specifications. McKeesport District v. Miller, 1 Penn. 510.

(e) See infra 188.

(g) P. L. 531. This section provided, that "in all cases where real estate is held by trustees, for the general use of the neighborhood, as a school-house or its appendages, it shall be lawful for the said trustees, the survivor or survivors of them, to convey the same to the school directors aforesaid; and from thenceforth the said board shall hold the said property, for the same term and for the same uses for which it was granted to said trustees." See Klinkener v. Directors of McKeesport, 11 P. S. 444. Barr v. Weld, 24 Ibid. 84. Shinn v. Holmes, 25 Ibid. 142.

(h) As to the authority of teachers, see Commonwealth v. Seed, 5 Clark 78.

(i) A contract made with a teacher by the presi dent and secretary cannot be enforced; such contract can only be made by a vote of the board. Denison School District v. Padden, 89 P. S. 395. They cannot authorize a teacher to collect additional compensation from the parents. 2 Wh. Dig. 608, pl. 56.

(k) In an action by a teacher for salary, her dismissal for incompetency, if regularly made, and prop