230. All boards of school directors and boards of controllers shall be and are 13 April 1887 § 1. hereby authorized and required to pay the teachers employed in the public schools P. L. 20. of the several districts within their jurisdiction, for attendance upon the sessions To be paid for atof the annual county institutes, in the respective counties. tendance at county 231. Compensation for institute attendance shall be based on the official reports made to the several boards of directors or controllers, by the proper county, city or Compensation borough superintendent, who shall report the daily attendance of teachers to the based on daily atrespective boards by which they are employed, and such compensation shall be tendance. allowed by the directors or controllers, and paid by the district treasurer to the teachers entitled to receive the same. 232. Compensation, as herein authorized, shall not be less than the per diem Ibid. § 3. pay for actual teaching: Provided, That it shall not, in any case, exceed two Amount of comdollars per diem, and shall be allowed and paid to the teachers in their respective pensation. districts for each day's attendance reported as aforesaid by the proper superintendent: And provided further, That a common-school month shall consist of twenty days' actual teaching, as now required by law.(k) XXIII. Teachers' institutes. tutes. P. L. 52. 233. The county superintendent of each county in this commonwealth is hereby 9 April 1867 § 2. authorized and required, once in each year, at such time and place as he, or a properly authorized committee of teachers, acting with him, may deem most convenient, Organization of to call upon and invite the teachers of the common schools, and other institutions teachers' instiof learning in his county, to assemble together, and organize themselves into a teachers' institute, to be devoted to the improvement of teachers in the science and art of education, and to continue in session at least five days, including a half a day for going to, and a half a day for returning from, the place of meeting; said institute to be presided over by the county superintendent, or by some one designated by him, and subject in its general management to his control. Ibid. § 3. Roll of members. &c. 234. Each county superintendent, upon the assembling of the teachers' institute of his county, shall cause a roll of members to be prepared, which roll shall be called at least twice every day, during the session of the institute, and all absentees carefully marked, and from which, upon the adjournment of the institute, he shall ascertain the exact number of teachers who were in attendance, and the length of time each attended; and upon the presentation of a certificate, at the close of the Appropriation for session of each annual institute, setting forth these facts, and signed by the county lectures, books, superintendent, to the treasurer of the proper county, he is hereby authorized and required to pay immediately, out of any money in the county treasury not otherwise appropriated, to the county superintendent, one dollar for every three days spent by teachers of the county in attendance at the institute for that year, or as much of it as may be needed; such money to be expended by the county superintendent, in procuring the services of lecturers and instructors for the institute, and in providing the necessary apparatus, books and stationery for carrying on its work: Provided, That the amount which may be drawn from the county treasury shall in no case be more than two hundred dollars, but may in all cases be sixty dollars, if it shall appear from the vouchers presented by the county superintendent to the county auditors, as required by the fourth section of this act, that this sum has been actually expended for the purposes herein specified: Provided further, Attendance of That all boards of directors may allow the teachers in their employ the privilege teachers. of attending such institutes, without making any deduction from their salaries, and that any teacher who absents himself from the institute of his county, without a Penalty for neglect. good reason, may have his want of professional spirit and zeal indicated by a lower mark on his certificate in the practice of teaching, than he would otherwise have received. Ibid. § 4. Accounts of super 235. Each county superintendent who may draw money from the county treasury for the purposes named in this act, shall file his account of all expenditures under the act, in the office of the county treasurer, with vouchers for the same, intendents. which shall be examined by the auditors of the county in like manner as other county expenditures; and any misapplication of funds shall be punished in the same manner as collectors of state and county taxes, for like offences, are now punished. Ibid. § 5. Report on adjourn ment. 236. All county superintendents, upon the adjournment of the teachers' institutes held in their respective counties, are hereby required to report to the superintendent of common schools, the number of teachers in attendance, the names of the lecturers or instructors who officiated, the subjects upon which the instruction was given, and the degree of popular interest awakened by the proceeding. 237. It shall be the duty of the school directors of the several school districts of 7 June 1881 § 1. this commonwealth, and they are hereby required, to allow the school teachers, employed in the said school districts, who are actually engaged in teaching school therein, the time and wages whilst attending and participating in the exercises of the annual county institutes for the improvement of teachers. (k) See act 25 June 1885, P. L. 176, supra 215. P. L. 50. Teachers to be allowed wages whilst attending institutos. 238. At the close of the annual sessions of the said institutes, it shall be the duty of the several county, city and borough superintendents, to make a report to each board of school directors in their respective jurisdiction, setting forth the number of days that each teacher shall have attended and participated in the exercises of the said annual teachers' institute, which said report shall be the basis for allowing the teachers their time and wages: Provided, That the provisions of this act shall not extend to the first school district of Pennsylvania, nor to the counties wherein special laws regulating or relating to county institutes are in force. XXIV. Scholars. 239. It shall be unlawful for any school director, superintendent or teacher to make any distinction whatever, on account of, or by reason of, the race or color of any pupil or scholar who may be in attendance upon, or seeking admission to, any public or common school, maintained wholly or in part under the school laws of this commonwealth. (1) 240. That the 24th section of an act of assembly, approved the 8th day of May, Anno Domini 1854, entitled "An act for the regulation and continuance of a system of education by common schools," be and the same is hereby repealed. 241. Any child or children of any person who was a soldier in the service of the United States in the late war of the rebellion being, or who shall be, temporarily or otherwise within any school district of the commonwealth shall, upon application, be entitled to admission and instruction the same as resident children, in the proper common school of such district, and notwithstanding such child or children may have or shall come into such district for the purpose of attendance at such school, and the residence of the parents, guardian or other person or persons entitled by law to the custody of such child or children be in another district. XXV. Instruction.(m) 242. Physiology and hygiene, which shall in each division of the subject so pursued, include special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system, shall be included in the branches of study now required by law to be taught in the common schools, and shall be introduced and studied as a regular branch by all pupils in all departments of the public schools of the commonwealth, and in all educational institutions supported wholly or in part by money from the commonwealth. 243. It shall be the duty of county, city, borough superintendents, and boards of all educational institutions, receiving aid from the commonwealth, to report to the superintendent of public instruction any failure or neglect on the part of boards of school directors, boards of school controllers, boards of education, and boards of all educational institutions, receiving aid from the commonwealth, to make proper provision in any and all of the schools or districts under their jurisdiction, for instruction in physiology and hygiene, which, in each division of the subject so pursued, gives special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system, as required by this act; and such failures on the part of directors, controllers, boards of education, and boards of educational institutions, receiving money from the commonwealth, thus reported, or otherwise satisfactorily proven, shall be deemed sufficient cause for withholding the warrant for state appropriation of school money to which such district or educational institution would otherwise be entitled. 244. In every city of the second class, the central board of education shall have power to establish and maintain one or more schools for the instruction of pupils in the useful branches of the mechanic arts and kindred subjects, to provide the necessary buildings, machinery, apparatus and materials, and to employ teachers and instructors therefor. 245. Such schools shall be subject to such rules and regulations as may, from time to time, be prescribed by the said board; under said rules and regulations they shall be open to the admission of such pupils as are not enrolled, as well as of such as are enrolled, in the ordinary public schools of the city, and instruction may be given therein in the evening, as well as in the day. 246. The course of instruction shall, from time to time, be prescribed by said board, and may include chemistry, mathematics, natural philosophy, and other branches appertaining to the mechanic arts. (1) There is nothing in the 14th amendment to the constitution of the United States which prevents the establishment of separate schools for the education of the colored race: it is purely a matter of state regulation. People v. Gallagher, 93 N. Y. 438. State v. McCann, 21 Ohio St. 129. Cory v. Carter, 48 Ind. 327. (m) See act 8 May 1854, § 38, P. L. 625, supra 65. XXVI. School-books. P. L. 621. 247. Immediately after the annual election of teachers in each school district of 8 May 1854 $ 25. the state, and before the opening of the schools for the ensuing term, there shall be a meeting of the directors or controllers, and teachers of each district; at Series of schoolwhich meeting, the directors and controllers shall select and decide upon a series books, when and of school-books, in the different branches, to be taught during the ensuing school year; which books, and no other, shall be used in the schools of the district during said period. (n) how selected. P. L. 188. 248. The school boards of this commonwealth are hereby authorized and recom- S May 1876 § 1. mended to provide suitable books and apparatus for the instruction of indigent blind children, between the ages of nine and thirteen years, and pay for the same Books for blind out of the school fund, as in the case of seeing children, the cost thereof not to scholars. exceed twelve dollars for each person in any one year. P. L. 621. 249. It shall not be lawful for the county superintendents, directors or control- 8 May 1854 § 26. lers, or any other person officially connected with the common school system, to become agents for the sale, or in any way to promote the sale of any school-books, Officers, &c., not maps, charts, school apparatus or stationery, or to receive compensation for such to sell schoolsale, or promotion of sale, in any manner whatsoever; and any violation of the books, &c. provisions of this section shall be deemed a misdemeanor, and punishable with a ing. fine or imprisonment. 250. It shall not be lawful for any director, or president of any school board, in this commonwealth, to be interested in the furnishing of books, or any other sup plies for said school. Penalty for so do furnish books, &c. P. L. 280. School-books not to be changed oftener than once 11 April 1862 § 17. Directors not to 251. The board of directors of any district, the controllers in cities and boroughs, 26 May 1871 § 1. or any school superintendent, shall not order or direct or make any change in the school-books or series of text-books used in any school under his or their superintendence, direction or control, more than once in every period of three years. (o) 252. Any school director, controller or superintendent who shall violate the in three years. provisions of this act, shall be deemed guilty of a misdemeanor, and upon con- Ibid. § 2. viction thereof, shall be sentenced by the court to pay a fine, not exceeding two Penalty for violahundred dollars, and that he be deprived of his office. tion. P. L. 44. 253. The board of directors, controller or superintendent of any school district, 8 May 1878 § 1. in cities of the second and third class, shall not order or direct, or make any change, by resolution or otherwise, in the school-books or series of text-books in use in any Change of textpublic school under his or their control, superintendence or direction, more than books restricted in once in every six years; and all such school-books or series of text-books which certain cities. shall be adopted or in use in the several schools of cities of the second and third class in this commonwealth, on the first Monday of October next, shall be continued in use by the board of directors, or other having control of said school, for and during the term of six years from that date, and thereafter shall not be changed, in whole or part, more than once in every six years. Ibid. § 2. Price-lists to be 254. Before the adoption of any series of text-books by the central board of education, or board of control, or department of education, it shall be the duty of the author, publisher or regular constituted agent offering any books for adoption, furnished and to furnish the price of each and every book, which shall be the price so long as said adopted. book or books remain in use in the school; and it shall be the duty of the central board of education to adopt said price-list, and require of said author, publisher or agent such security as, in their judgment, is proper for the performance of their contract. Ibid. § 3. tracts. 255. It shall be the duty of the several school boards, after having advertised for proposals, at least twice a week for four weeks, in two papers having the largest circulation in the city or county, to award the contract to the lowest and best Awarding of conbidders, and when entering into contract for said books, they shall specify the style of paper, printing and binding; and the agents or publishers shall, before acceptance of their bids, furnish samples of the same, which shall be of the most durable and serviceable quality for school purposes, and bonds shall be given guarantying that all books furnished shall be equal in paper, print and binding to the samples first shown. Ibid. § 4. Penalty for viola tion. 256. Any school director, controller or superintendent who shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sentenced by the court to pay a fine not exceeding five hundred dollars, and that he or she be deprived of his or her office: Provided, That the Act to be accepted. provisions of this act shall not become a law in any school district, unless accepted by a majority of the directors elected in such district. 18 May 1893. P. L. 94. 257. School directors, or controllers, shall purchase text-books and other necessary school supplies for use in the public schools of their respective school districts, as such new text-books and supplies are required in addition to those at present in Books and supplies use in the hands of pupils or owned by the school districts, out of the school fund to be furnished free of the district, and when so procured, the necessary books and school supplies (n) See Eckert v. Carl, 42 Leg. Int. 384. of cost. (0) See McNutt v. School Directors, 22 Pitts. L. J. 42. 18 May 1893. P. L. 94. shall be furnished free of cost for use in the schools of said district, subject to the orders of the directors or controllers thereof, whose duty it shall be to provide for Return at close of the return of, and for the safe keeping and care of the books, which shall be returned at the close of the annual school term in each year, or as the board may direct.(p) annual term. 25 June 1885 § 1. P. L. 173. Accounts to be kept separately. 5 May 1864 § 1. P. L. 826. 258. The board shall keep an account of all moneys expended under the above section, and report it under separate item in the annual financial accounts, as authorized by law. XXVII. School libraries. 259. Whenever, by subscription or otherwise, a collection of books, or funds to purchase the same, shall have been obtained, to form a public library, in and for Establishment of any common school district in this commonwealth, it shall be the duty of the board district libraries. Ibid. § 2. Purchasers of books. of directors thereof for the time being, to select the most suitable school-house therein, in which said library shall be placed, preferring, if otherwise expedient, the school-house in which the district institute is held, and to provide, out of the school-funds of the district, a suitable case or cases for said library, and for such additional books as may be annually added thereto. 260. It shall be the duty of said directors to receive into the district treasury all moneys contributed or otherwise obtained, for the purchase or increase of the district library, and to select and purchase the books therefor, or to appoint a committee of the board, or of not less than three citizens of the district, to make such selection and purchase; and also, from time to time thereafter, to make additional selections and purchases, in the same manner, but no books shall be donated, or placed in said library, without the approbation and consent of the selecting committee; nor shall the proper board of directors appropriate any of the school-funds of the district to the purchase of books for the library, except such works of a strictly professional character, as shall be necessary and proper for the study and Annual accounts. improvement of the teachers of the proper district; and all moneys received by said board for library purposes, shall be annually accounted for, at the settlement of its accounts, in the same manner as common school funds are now by law accounted for. Title. Ibid. § 3. Larceny of books, &c., punished. Burglarious entry. Ibid. § 4. Use of books regulated. 261. The legal possession and ownership of the books, cases and other appendages of the district library, shall be and remain in the proper board of directors and their successors in office, as trustees for the district; and the felonious taking and carrying away thereof, or of any part thereof, or of any book, article of apparatus or furniture, from or belonging to, any common school-house, shall and is hereby declared to be larceny; and the breaking into a common school-house at night, with intent to commit larceny, as herein set forth, or any other felony, shall and is hereby declared to be burglary; and any larceny or burglary so committed, shall be punished as in other cases under existing statutes. 262. Any person over twelve years of age, and resident in the proper district, whether contributor, or not, to the library, shall be entitled, without charge, to the use of the books thereof, according to the rules and regulations thereof; but no book shall be issued to any minor, without the order of his or her parent, guardian or master, who shall, thereupon, become liable to all the penalties for the abuse, loss or undue detainment of any book by said minor; and all entries of the issue Evidence of issue. of books, duly made in the library list, by the librarian, at the time of such issue, shall be prima facie evidence thereof, in a suit for any penalty, or for the value of any book. Liability for lost books. 263. The proper board of directors, and their successors in office, shall make, and from time to time, as shall be proper, alter and amend the necessary rules and regulations for the care, issue, use and return of the books of the district library, and ordain such penalties for the abuse, loss or undue detainment thereof, as to them shall seem just and proper; which penalties shall be recoverable as debts of like amount are now by law recoverable; and such penalties shall either be payable to the librarian, in compensation of his services, or into the library fund, as the proper board of directors shall determine. 264. The secretary of the proper board of directors, or such other member as the board may select, shall be the general librarian of the district library, and the principal teacher of the school, held in the house in which the library is kept, shall be the assistant librarian, while in charge of said school; and while so in charge, such assistant librarian shall have the charge of the library, so far as relates to the care, issue and return of books, and the keeping of the list thereof; but neither the librarian, as secretary, nor the assistant, as teacher, on going out of office, shall receive his final instalment of salary, till he shall have first accounted for all the books belonging to the library, to the satisfaction of the proper board. 265. When the pupils, or other persons connected with any common school, shall have procured books, or funds for the purchase of books, for a school library there (p) This is an amendment of the act 25 June 1885, § 1. P. L. 173. 5 May 1864 § 7. P. L. 826. for, it shall be the duty of the directors of the proper district, to provide, out of the school-funds of the district, a suitable case therefor, and also for such additions as may subsequently, from time to time, be made thereto; and the selection and pur- Purchase of books. chase of the books, for such school library, and of all additions thereto, shall be made by a committee, composed of the teacher of the school, for the time being, and of not less than two parents of pupils attending such school, to be chosen by all the attending pupils; but no books shall be donated to or placed in said library, without the approval of the proper selecting committee, and it shall not be lawful for the board of directors to appropriate any of the funds of the district to the purchase of books for said school library. Ibid. § 8. 266. All pupils of the proper school, and no other, shall be entitled to the use of the books of said library, at their homes, subject to such rules, relating to the care, Use of school librause and return thereof, as the aforesaid committee for the selection and purchase ries. thereof, shall, from time to time, establish; and one of the pupils of said school, to be selected by the other pupils, with the consent of the selecting committee aforesaid, shall be the librarian of the school library. 267. The legal possession and ownership of the school library shall be in the proper board of directors; the felonious taking thereof shall be larceny; the issue list thereof shall be primâ facie evidence of delivery, and the penalties for the abuse, loss or detention of books shall be recoverable as hereinbefore provided, in the case of district librarian. Ibid. § 9. Title. Ibid. § 10. School directors 268. It shall be lawful for the common school directors of any district, to receive, hold and use, any devise, bequest, gift, grant or endowment of property, whether real or personal, which may be made to them, for the establishment, increase or may receive besupport, either of a district or of a school library, in existence, or to be established quests for libraries. under the provisions of this act, and the same to apply to the establishment, increase and efficiency thereof, subject, however, to any terms, conditions or restrictions attached to such devise, bequest, gift, grant or endowment, and not inconsistent with the purposes of this act; and the said directors, and their successors in office, shall have authority to bring suit, and do all other things necessary for the recovery, use and application of the same for the purposes aforesaid. COMMUTATION OF SENTENCE. See CRIMINAL PROCEDURE; JAILS. COMPOUNDING CRIMES. See CRIMES. CONCEALED WEAPONS. See CRIMES. CONCEALING DEATH OF BASTARD. See CRIMES. CONCILIATION. See ARBITRATION; CAPITAL AND LABOR. CONSPIRACY. See CRIMES. |