the offices of township and district trustees was made obligatory. The township was made the unit for the distribution of the school funds. The township trustees were required to provide a sufficient number of schools to accommodate the pupils of their townships for at least three months annually. All schools of the township were to have school terms of equal length. Schools established by private liberality were still entitled to their just and equitable allowance from the public funds. The worst defect of the law was the proviso that left it to each county to determine whether or not the law should operate within its jurisdiction. At the first election following its enactment, the law was adopted in fifty-four counties. The definitive step in this tedious transition from the district to the township system was taken in 1852. This law was mandatory in character and applied to every county and every district. A uniform system of administration was created for civil townships, and the political functions were taken away from the congressional townships. Each civil township was declared to be a township for school purposes, and the township officers, to be school officers.1 The three trustees 2 had power to manage the schools and school lands in nearly the same way as at present. Incorporated cities and towns were for the first time made school corporations independent of the townships in which they were situated. They were declared to be entitled to their proportionate share of school funds, and given power to establish graded schools. All school corporations were empowered to levy taxes for building purposes and for the support of schools after the public funds were exhausted. It has been said that Indiana was "the first State in the Union to incorporate it [the township system] into her educational code." However that may be, it was certainly an innovation of the greatest import. Gradually it came to mean the diminution of the expenses of administration, the equalization of opportunities within the township, the employment of more competent teachers with longer tenure, and greater professional interest and ambition. In the place of narrow localized interests and neighborhood quarrels and factions, it led to the expansion of interest, sympathy and civic pride so as to include the civil and educational welfare of each citizen of the larger community. 1 Rev. Stat., 1852, i. p. 440. In 1855 the county commissioners were instructed to make the boundaries of the civil townships coincide as nearly as possible with those of the congressional townships. This simplified the distribution of the revenue from the congressional township fund. Laws, 1855, p. 181. 2 Reduced to one trustee by the law of 1859. CHAPTER VII THE DISTRICT UNIT AND THE DISTRICT SYSTEM THE nature and essential features of the district system of school administration can be seen from the following citations to and illustrative extracts from the school laws, and quotations from those who may be regarded as authorities. I. FORMATION OF DISTRICTS, AND ALTERATION OF The school laws in all district-system states provide means for creating new school districts and altering district boundaries. The proceedings are often quite detailed, and must almost of necessity be so when the district unit of taxation is involved. Typical and illustrative methods can be found by looking up and comparing the legal procedure in the following states: 1. MISSOURI. A slow and an unnecessarily cumbersone method. (See Missouri School Laws (1913 Ed.), Sec. 10,837, and the Supreme Court decisions following the sections.) 2. CALIFORNIA. A better method, but with the initiative resting wholly with the districts. (See California School Laws, Art. V., Secs. 1577-1579, and 1543.) 3. TEXAS. A much better method, with the initiative resting with either side. (See School Laws of Texas (1913), Secs. 103-105.) 4. NEW YORK. The initiative resting with the county educational authorities. (See New York Education Law, Art. 5.) 5. GEORGIA. A simple and effective method. (See School Laws of Georgia, Part III.) Оно. 6. OHIO. An almost equally simple and effective method. (See Ohio School Laws, Secs. 3921 and 3923, and Forms and Instructions, VIII and XVIII.) II. THE SCHOOL DISTRICT MEETING This institution once played a very important part in district school organization, and still remains strong in a few states. New York is a good example. This state is one in which New England traditions still remain strong, and where the townmeeting idea still prevails. The powers still retained by the annual school meeting are large, while many of the matters which the people are called upon to vote are of such a nature that they could be settled more easily if left to the district trustees for determination, or settled once for all by uniform state law. Progress must necessarily be slow under such a system. (See New York Education Law, 1914, Art. 7.) Other illustrations of the Annual Meeting, arranged in a scale of decreasing importance, may be found, as follows: 1. ARKANSAS. Annual meeting required; large powers; and in the matter of maintaining a school extraordinary. (See Arkansas School Laws, Secs. 7588-7592.) 2. INDIANA. Subdistrict meetings only; limited powers. (See School Law of Indiana (1911 Ed.), Chap. VII, Secs. 125-127.) 3. CALIFORNIA. Meeting only occasional, on call; powers very limited; meeting approaching extinction. (See School Law of California, Art. VII, Sec. 1617, subdiv. 20.) 4. ILLINOIS. Meeting for election of trustees, and receiving the annual report only. (See School Law of Illinois (1909 Rev.), Secs. 106, 107, and 114, subdiv. 1.) III. METHODS OF ELECTING TRUSTEES 1. NEW YORK, mentioned above, is typical of the method of electing the trustees in annual school meeting. Where the school meeting has disappeared, other methods must be employed, of which election and appointment are the common ones. California is a good illustration of the former, and Georgia of the latter. 2. CALIFORNIA. General election in the spring, on a day uniform throughout the state. (See California School Law, Art. VI, Secs. 1593-1602.) 3. GEORGIA. Appointment by the County Board of Education. (See School Laws of Georgia, Part III, Sec. 9.) IV. POWERS AND DUTIES OF SCHOOL TRUSTEES (Boards of Education in cities not included here.) While the powers and duties of boards of school trustees, or school directors, vary much in the different states employing the district system, the different states may nevertheless be classified roughly as (1) States in which the district trustees possess large powers, and (2) States in which the district trustees possess rather limited powers. Colorado, Kansas, Illinois, and Washington are examples of the first type, and Alabama, Georgia, Maryland, and West Virginia of the second type. As illustrative of these two types the laws for Illinois and Alabama are reproduced. 1. School Law of Illinois (As amended by the 48th General Assembly, 1914 Ed.) An Act to establish and maintain a system of Free Schools: § 103. In all school districts having a population of fewer than one thousand inhabitants, and not governed by any special Act, there shall be elected a board of directors to consist of three members. § 104. The directors of each district shall be a body politic and corporate, by the name of "school directors of district No. county of and State of Illinois," and by that name may sue and be sued in all courts and places where judicial proceedings are had. § 105. Any person not a treasurer, or a trustee of schools, who has attained to the age of 21 years, who is a resident of the school district and able to read and write the English language, shall be eligible to the office of school director. § 106. The annual election of school directors shall be on the third Saturday of April. At the first regular election of directors after the passage of this Act, a successor to the director whose term of office then expires shall be elected, and thereafter one director shall be elected in each district, annually, who shall hold his office for three years. When vacancies occur by removal from the district or otherwise, the remaining director or directors shall, without delay, order an election to fill such vacancies, which election shall be held on Saturday. § 107. Notice of all elections in organized districts shall be given by the directors at least ten days previous to the day of election. Such notice shall be posted in at least three of the most public places in the district, shall specify the place where such election is to be held, the time of opening and closing the polls, and the question or questions to be submitted, and may be in the following form, to-wit: NOTICE OF ELECTION Notice is hereby given that on Saturday, the. 1.., an election will be held at. day of April, for the purpose for the district No.. in county. The polls will be m., and closed at. . o'clock Should the directors fail or refuse to order any regular or special election, it shall be the duty of the township treasurer, or if the township treasurer fails to do so, of the county superintendent, to order such election within ten days. § 108. Two of the directors ordering an election shall act as judges, and one as clerk. If the directors, or any of them, shall fail to attend an election, or shall refuse to act when present, and in elections to fill vacancies, the legal voters assembled shall choose such additional members as may be necessary to act as judges and clerk of the election. If the directors or judges shall be of the opinion that on account of the small attendance of voters the public good requires it, or if a majority of the voters present desire it, they shall postpone the election until the next Saturday, at the same time and place. If notice shall not have been given as required, the election shall be held on any Saturday, notice being given as required by law. In case of a tie, the judges shall decide the vote by lot on the day of election. § 109. Within ten days after the election, the judges shall cause the poll book to be delivered to the township treasurer, with a certificate showing the election of directors and the names of the persons elected; which poll book shall be filed by the treasurer, and shall be evidence of the election. In a district divided by a township line the poll books shall be returned to the treasurer who receives the taxes of the district. |