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mended.

scholars. Character of

Arrangement SECT. 2. The sections and classes of sections, and the order in which of sections and classes for

they are entitled to scholarships as now arranged by the board of scholarships education, shall continue until the year eighteen hundred and sixty-one, 1853, 193, $ 2.

at which time, and at the expiration of every ten years thereafter, the board shall arrange the senatorial districts into four classes of ten sections each, and each of said classes shall, once in four years, in such alternate order as the board, at the time of the formation of the classes, by lot designates, be entitled to one scholarship for each of its sections. The secretary of the board shall through the mail notify the school committee of each town or city of the year its class is entitled to

scholarships. Candidates for SECT. 3. The school committees of the towns and cities in each scholarships, class, may in the year in which their class is entitled to scholarships

recommend as candidates therefor, young men, inhabitants of their Qualifications. Vacancies, how town or city, who shall furnish the board of education with the certified filled.

opinion of said committee and of a competent teacher, that they will be 1853, 193, $ 3.

fitted for college at the succeeding commencement; and said board, together with the senator if he resides within any section of such class, shall select from such candidates one scholar from each section, whom by personal examination they judge the most deserving and likely to become useful as a teacher. "If any section presents no such suitable candidate, the place may be filled by the board from the candidates of the other sections of the same class, and if from a deficiency of proper candidates less than ten scholars are selected from a class, the board may, after a careful examination by themselves as to scholarship, com

plete the number from the state at large. Additional Sect. 4. If, after the selection of ten scholars from any class of sec

tions, other candidates from such class recommended as aforesaid are candidates. considered by the board as possessing the requisite qualifications, the 1853, 193, $ 4.

board may select therefrom two additional scholars, and in default of such candidates may select such additional scholars from the state at large in the manner provided in the preceding section. All candidates shall be persons of irreproachable moral character, free from any con

siderable defect of sight or hearing, and of good health and constitution. Time and place SECT. 5. The selections for scholarships required to be made by the 1853, 193, $ 5.

board and by the senators within the respective sections, shall be made at a meeting held annually at the office of the secretary of the board, at such time in the month of March as the board appoints, of which the secretary shall give notice. The selections to be made by the board alone may

be made at the same or at any other time during the year. Place of educa- SECT. 6. Any scholar so selected may be educated at any college tion, how selected.

established by law in this commonwealth which he and his friends may Scholar to re- select; and the board shall at the end of each collegiate year, not ceive $100 annually.

exceeding four, upon his producing a certificate from the president of 1853, 193, $ 6. his college that he has been faithful in his studies, exemplary in his

deportment, and ranks in scholarship among the first half of his class,

pay to him one hundred dollars. Vacancies, how ŠEct. 7. Selections to fill vacancies occurring in such scholarships

may be made by the board in like manner as original selections; and 1853, 193, $7.

the board shall take all measures necessary for that purpose. Scholar attend- SECT. 8. Any such scholar after leaving college may attend a state ing school, allon- normal school, and for each term not exceeding two during which he

attends such school, he shall, upon producing a certificate of such attend1853, 193, § 8.

ance and of the faithful and exemplary performance of his duties there from the principal master thereof, be paid by the board of education, from any unexpended balance of the funds provided by section ten of

this chapter, the sum of twenty-five dollars. to teach, or SECT. 9. Every person who has received aid in the manner provided refund. 1853, 193, $9.

by this chapter, shall teach in the public schools of the commonwealth

of selection.

filled.

ance to.

the same term of time that he has received such aid; and if, being in competent health, he fails so to teach, unless he satisfies the board that such failure has arisen from inability to find employment, he shall pay to the treasurer at the rate of one hundred dollars a year for the time of such failure, with interest thereon from the time of graduation; and the treasurer may recover the amount in an action at law.

SECT. 10. Forty-eight hundred dollars annually from the income of Appropriathe school fund not appropriated to public schools, and all such sums as 1853, 193, & 10. the treasurer recovers under the preceding section, are appropriated to See $ 8. accomplish the purposes of this chapter under the direction of the board of education.

CHAPTER 38.

OF THE PUBLIC SCHOOLS.

25.

30,

PUBLIC SCHOOLS.

SECTION SECTION

23. Committee to contract with teachers, un1. Each town to have school six months in a

less, &c. year. Branches to be taught.

24. Instructor to receive and file certificate. 2. High school in towns of five hundred fami- When and how paid. lies. Branches taught. Duration of school.

may be dismissed. Compensation to cease. Towns of four thousand inhabitants.

26. Examinations and visits by committee. 3. High school districts in adjacent towns,

27. Bible to be read in schools. Sectarian how established.

books excluded. 4. Committee, how chosen. Powers.

28. Committee to direct what books to be used. to determine location of school-house.

Change of books, how made, &c. 6. Expenses apportioned.

29. to procure books, apparatus, &c. 7. Schools may be maintained for those over for certain scholars at expense of town. fifteen years of age.

31. Expense of books so supplied to be taxed under superintendence of school commit

to parents, &c. tee.

32. If parents unable to pay, tax may be omit9. Female assistants.

ted. 10. Duty of instructors in colleges, &c.

33. Duty of committee where school is for ben11. of ministers and town officers.

efit of whole town. 12. Towns to raise money for schools.

34. Compensation of committee. 13. Funds of corporations for supporting | 35. Superintendent of schools, appointment, schools, not affected, &c.

duties, &c. 14. Forfeiture for neglect to raise money, &c. 15. three-fourths of, to be appropriated to

SCHOOL-HOUSES. schools.

36. Towns not districted, to maintain school18. School committee, how chosen, Number; houses, &c. term of service.

37. Location of school-houses. 17. Vacancies, how filled.

38. Land may be taken for school-bouse lots, B. When whole committee decline, new com

&c. mittee how elected.

39. Owner of land may have jury. Proceed19. Term of service of person filling vacancy. ings. Damages and costs. %o. On election of new board, certain duties of 40. Committee of town not districted to have old to continue.

charge of school-houses. 21. Committee, how increased or diminished. 41. Provisions of chapter to apply to cities, ex22. records of; secretary. SECTION 1. In every town there shall be kept, for at least six months Each town to

have school six in each year, at the expense of said town, by a teacher or teachers of

months in a competent ability and good morals, a sufficient number of schools for year.

Branches the instruction of all the children who may legally attend public school taught. therein, in orthography, reading, writing, English grammar, geography, 18:30, 53, 1: arithmetic, the history of the United States, and good behavior. Alge- 1838, 5, $$, 2. bra, vocal music, drawing, physiology, and hygiene shall be taught by lectures or otherwise, in all the public schools in which the school committee deem it expedient.

SECT. 2. Every town may, and every town containing five hundred High schools in families or householders shall, besides the schools prescribed in the pre- families. ceding section, maintain a school to be kept by a master of competent Branches ability and good morals, who, in addition to the branches of learning

cept, &c.

Duration of
inhabitants.
R. S. 23, 85.
1852, 123.
1857, 206, $ 2.
16 Mass. 141.
11 Cush. 178.

districts in ad

Powers.

Location of school-house.

before mentioned, shall give instruction in general history, bookkeeping, Towns of 4000 surveying, geometry, natural philosophy, chemistry, botany, the civil

polity of this commonwealth and of the United States, and the Latin language. Such last mentioned school shall be kept for the benefit of all the inhabitants of the town, ten months at least, exclusive of vacations, in each year, and at such convenient place, or alternately at such places, in the town, as the legal voters at their annual meeting determine. And in every town containing four thousand inhabitants, the teacher or teachers of the schools required by this section, shall, in addition to the branches of instruction before required, be competent to give instruction in the Greek and French languages, astronomy, geology,

rhetoric, logic, intellectual and moral science, and political economy. High school SECT. 3. Two adjacent towns, having each less than five hundred jacent towns,

families or householders, may form one high school district, for estabhow establish- lishing such a school as is contemplated in the preceding section, when 1818, 279, $1.

a majority of the legal voters of each town, in meetings called for that

purpose, so determine. Committee, SECT. 4. The school committees of the two towns so united shall how chosen.

elect one person from each of their respective boards, and the two so 1848, 279, $2. elected shall form the committee for the management and control of

such school, with all the powers conferred upon school committees and

prudential committees. to determine SECT. 5. The committee thus formed shall determine the location of

the school-house authorized to be built by the towns forming the district, 1848, 279, $3. or if the towns do not determine to erect a house, shall authorize the

location of such school alternately in the two towns. Expenses ap- SECT. 6. In the erection of a school-house for the permanent location portioned. 1848, 279, $ 4.

of such school, in the support and maintenance of the school, and in all incidental expenses attending the same, the proportions to be paid by each town, unless otherwise agreed upon, shall be according to its pro

portion of the county tax. Schools may be Sect. 7. Any town may establish and maintain, in addition to the maintained for schools required by law to be maintained therein, schools for the educayears of age. tion of persons over fifteen years of age; may determine the term or 1857, 189, Š 1.

terms of time in each year, and the hours of the day or evening during which said school shall be kept; and appropriate such sums of money as may be necessary for the support thereof.

SECT. 8. When a school is so established, the school committee shall

have the same superintendence over it as they have over other schools ; 1857, 189, $ 2. and shall determine what branches of learning may be taught therein. Female assist- Sect. 9. In every public school, having an average of fifty scholars, 1839, 56, $ 1.

the school district or town to which such school belongs shåll employ one or more female assistants, unless such district or town, at a meeting

called for the purpose, votes to dispense with such assistant. Duty of instruc- SECT. 10. It shall be the duty of the president, professors and tutors tors in colleges, of the university at Cambridge and of the several colleges, of all preConstitution, ceptors and teachers of academies, and of all other instructors of youth, R. S. 23, $7.

to exert their best endeavors to impress on the minds of children and youth committed to their care and instruction, the principles of piety and justice, and a sacred regard to truth; love of their country, humanity, and universal benevolence; sobriety, industry, and frugality; chastity, moderation, and temperance; and those other virtues which are the ornament of human society and the basis upon which a republican constitution is founded; and it shall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit

, into a clear understanding of the tendency of the above mentioned virtues, to preserve and perfect a republican constitution and secure the blessings of liberty, as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices.

under superintendence of committee.

ants,

&c.

Ch. 5, $ 2.

1

10 Met. 513.

&c.

, 135.

SECT. 11. It shall be the duty of the resident ministers of the gospel, Duty of ministhe selectmen, and the school committees, to exert their influence and tercand town use their best endeavors that the youth of their towns shall regularly R. S. 23, § 8. attend the schools established for their instruction.

SECT. 12. The several towns shall, at their annual meetings, or at a Towns to raise regular meeting called for the purpose, raise such sums of money for the money for support of schools as they judge necessary; which sums shall be assessed R. $. 23, $9. and collected in like manner as other town taxes.

SECT. 13. Nothing contained in this chapter shall affect the right of School funds of any corporation established in a town, to manage any estate or funds corporations given or obtained for the purpose of supporting schools therein, or in R. S. 23, § 59. any wise affect such estate or funds.

SECT. 14. A town which refuses or neglects to raise money for the Forfeiture for support of schools as required by this chapter, shah forfeit a sum equal money, &c. to twice the highest sum ever before voted for the support of schools R$ 23, $ 60. therein. A town which refuses or neglects to choose a school committee to superintend said schools, or to choose prudential committees in the several districts, when it is the duty of the town to choose such prudential committee, shall forfeit a sum not less than five hundred nor more than one thousand dollars, to be paid into the treasury of the county.

SECT. 15. Three-fourths of any forfeiture paid into the treasury of three fourths the county under the preceding section, shall be paid by the treasurer to schools. to the school committee, if any, otherwise to the selectmen of the town R. S. 23, 8 61. from which it is recovered, who shall apportion and appropriate the same to the support of the schools of such town, in the same manner as if it had been regularly raised by the town for that purpose.

SECT. 16. Every town shall, at the annual meeting, choose, by writ- School committen ballots, a board of school committee, which shall have the general tee, how chosen, charge and superintendence of all the public schools in town. Said R. S. 23, $ 10. board shall consist of any number of persons divisible by three, which 1857, 270, $$ 1, 2. said town has decided to elect, one-third thereof to be elected annually, 3 Pick. 225. and continue in office three years. If a town fails or neglects to choose such committee, an election at a subsequent meeting shall be valid.

Sect. 17. If any person elected a member of the school committee, Vacancies, how after being duly notified of his election in the manner in which town

1857, 266, $$ 1,2. officers are required to be notified, refuses or neglects to accept said office, or if any member of the board declines further service, or, from change of residence or otherwise, becomes unable to attend to the duties of the board, the remaining members shall, in writing, give notice of the fact to the selectmen of the town, or to the mayor and aldermen of the city, and the two boards shall thereupon, after giving public notice of at least one week, proceed to fill such vacancy; and a majority of the ballots of persons entitled to vote shall be necessary to an election.

SECT. 18. If all the persons elected as members of the school com- When whole mittee, after such notice of their election, refuse or neglect to accept the climonittee dem office, or having accepted, afterwards decline further service, or become mittee how unable to attend to the duties of the board, the selectmen or the mayor 1857, 266, § 2 and aldermen shall, after giving like public notice, proceed by ballot to elect a new board, and the votes of a majority of the entire board of selectmen, or of the mayor and aldermen, shall be necessary to an election.

Sect. 19. The term of service of every member elected in pur- Term of service suance of the provisions of the two preceding sections, shall end with va pune filling the municipal or official year in which he is chosen, and if the vacancy 1857, 266,

, 3 which he was elected to fill as for a longer period, it shall, at the first 189, 80. annual election after the occurrence of the vacancy, be filled in the manner prescribed for original elections of the school committee. Sect. 20. All the members of the school committee shall continue

5 . .

filled.

1816, 223, $ 1.

to contract

R. S. 23, § 13.

1859, 60.

gallew 94

when and how paid.

1850, 115.

due at

On election of in office for the purpose of superintending the winter terms of the new board, cer several schools, and of making and transmitting the certificate, returns, old to continue. and report of the committee, notwithstanding the election of any suc1657, 266, § 3.

cessor at the annual meeting; but for all other duties, the term of office 1857, 270, $3. shall commence immediately after election. Committee, Sect. 21. Any town may, at the annual meeting, vote to increase or how increased diminish the number of its school committee. Such increase shall be or diminished. 1857, 270, $ 4. made by adding one or more to each class, to hold office according to the

tenure of the class to which they are severally chosen. Such diminution shall be made by choosing, annually, such number as will in three years effect it, and a vote to diminish shall remain in force until the

diminution under it is accomplished. records of; SECT. 22. The school committee shall appoint a secretary and keep secretary. 1838, 105, $ 3.

a permanent record book, in which all its votes, orders and proceedings shall by him be recorded.

SECT. 23. The school committee, unless the town at its annual meetwith teachers, ing determines that the duty may be performed by the prudential com

mittee, shall select and contract with the teachers of the public schools; 1838, 105, $ 2.

shall require full and satisfactory evidence of the good moral character of all instructors who may be employed; and shall ascertain, by personal examination, their qualifications for teaching and capacity for the

government of schools. Teachers to SECT. 24. Every instructor of a town or district school shall, before receive and file

he certificate.

opens such school, obtain from the school committee a certificate in

duplicate of his qualifications, one of which shall be deposited with the R. S. 23, $ 14.

selectmen before any payment is made to such instructor on account

of his services; and upon so filing such certificate, the teacher of any 1855, 126.

public school shall be entitled to receive, on demand, his wages
the expiration of any quarter, or term longer or shorter than a quarter,
or upon the close of any single term of service, subject to the condition

specified in section thirteen of chapter forty.
may be dis-

SECT. 25. The school committee may dismiss from employment any 12 hay 339 39 missed, &c.

teacher whenever they think proper, and such teacher shall receive no

compensation for services rendered after such dismissal. Examinations SECT. 26. The school committee, or some one or more of them, for its by

the purpose of making a careful examination of the schools, and of asR: S. 23, $$15, certaining that the scholars are properly supplied with books, shall visit

all the public schools in the town on some day during the first or second week after the opening of such schools respectively, and also on some day during the two weeks preceding the closing of the same; and shall also for the same purposes visit, without giving previous notice thereof to the instructors, all the public schools in the town once a month, and they shall, at such examinations, inquire into the regulation and discipline of the schools, and the habits and proficiency of the

scholars therein. Bible to be read Sect. 27. The school committee shall require the daily reading of Sectarian books some portion of the Bible in the common English version; but shall excluded.

never direct any school books calculated to favor the tenets of any parR. S. 23, § 23.

ticular sect of christians to be purchased or used in any of the town

schools. School books. SECT. 28. The school committee shall direct what books shall be how made, &c. used in the public schools, and no change shall be made in said books R. S. 23, & 17. except by the unanimous consent of the whole board, unless the com1859, 93, 98 2, 3.

mittee consists of more than nine, and questions relating to school books are intrusted to a sub-committee. In that case, the consent of two-thirds of the whole number of said sub-committee, with the concurrent vote of three-fourths of the whole board, shall be requisite for such change. If any change is made, each pupil then belonging to the public schools, and requiring the substituted book, shall be fur

18H, 32.

committee.

16.

in schools.

1855, 410.

Ch.185, 1867

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