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to be at disposal R. S. 23, § 39.
If district refuses to raise money, town may order it. R. S. 23, § 44. 1848, 274.
If district neglects to organize, school committee may provide, &c. 1858, 145, § 1.
SECT. 30. If a district neglects to organize by the choice of officers, the money necessary for the erection, repair, or enlargement, of a schoolhouse therein, may be expended by order of the school committee, and, upon their certificate, shall be assessed upon the polls and estates of the inhabitants of the district, collected like other district taxes, and paid into the treasury of the city or town.
SECT. 31. In collecting district taxes the collectors shall have the to collect taxes. same powers and proceed in the manner provided by law in collecting
R. S. 23, § 40.
of assessors, &c.
R. S. 23, § 42.
Abatement of taxes.
assessment shall be made by the assessors and delivered to the treas
SECT. 28. The money so collected and paid shall be at the disposal of the committee appointed by the district, to be by them applied to the building or repairing of school-houses, or to the purchase of buildings to be used as such, or of land for their sites, as before provided, and according to the votes or directions of the legal voters of the district.
SECT. 29. If at a meeting of the legal voters of a school district called for the purpose of raising money, a majority of the voters present are opposed thereto, any five inhabitants of the district, who pay taxes, may make application in writing to the selectmen of the town, requesting them to insert in their warrant for the next town meeting an article requiring the opinion of the town relative to the expediency of raising such money as was proposed in the warrant for the district meeting; and if the majority of the voters think the raising of any of the sums of money proposed in the warrant is necessary and expedient, they may vote such sum as they think necessary for said purposes, and the same shall be assessed on the polls and estates of the inhabitants of such district, and be collected and paid over in the manner before provided. They may also empower the selectmen of the town, or the school committee, or may choose a committee, to carry into effect the purposes for which such money is voted, if such district neglects or refuses to choose a committee for that purpose.
First meeting. Subsequent meetings. Lo
cation of house. 1838, 189, §§ 3,5.
SECT. 32. The treasurer of a town, to whom a certificate of the assessment of a district tax is transmitted, shall have the like authority to enforce the collection and payment of the money so assessed and certified, as he has in the case of money raised by the town, for the use of the town.
SECT. 33. The assessors, treasurer, and collector, shall have the same compensation, respectively, for assessing, collecting, and paying out money, assessed for the use of a school district, as is allowed by the town for like services in respect to town taxes.
SECT. 34. The assessors shall have the same power to abate the tax, or any part thereof, assessed on an inhabitant of a school district, as .they have to abate town taxes.
Union districts, how formed,
SECT. 35. Two or more contiguous school districts in a town may, by a vote of two-thirds of the legal voters of each district, present and 1838, 189, §§ 1, 2, voting at legal meetings of their respective districts called for the pur
1839, 56, § 2.
pose, associate and form a union district, for the purpose of maintaining a union school for the benefit of the older children of such associated districts; such district shall have the powers, privileges, and liabilities of school districts, with such name as the district determines at its first meeting.
SECT. 36. The districts proposing such association shall, at the time of voting to form the union, respectively agree upon the time, place and manner of calling the first meeting of the union district, which may from time to time determine the mode of calling and warning its meet
ings, the time and place of its annual meetings, and the place where its school-house shall stand. The location of the school-house, if not determined by the district, shall be referred to the selectmen, as provided for other districts.
SECT. 37. Each union district, at its first meeting, shall choose by Clerk, how ballot a clerk, who shall be sworn in the manner, and perform the duties, chosen, &c. 1838, 189, §4. prescribed for clerks of other school districts, and hold the office until a successor is chosen and qualified.
SECT. 38. In raising and assessing money in such districts, every Assessments, inhabitant shall be taxed in the manner in which inhabitants of other how made. 1838, 189, § 1. school districts are taxed, and the real estate of non-resident owners taxable in either of the districts composing the union district shall be taxed in such districts.
SECT. 39. The prudential committees of the respective districts, Prudential comforming the union district, shall together constitute the prudential com- mittees, how mittee of such district; have the powers and discharge the duties, in Powers and durelation to the school and school-house of the district, prescribed to pru- 1838, 189, §§ 6, 7. dential committees in relation to the schools and school-houses in their respective districts; and determine what proportion of the money raised and appropriated by the town for each of the districts composing the union district shall be appropriated and expended in paying the instructors of the union school; subject in all matters to any legal votes of the union district.
SECT. 40. The public schools required by law shall continue to be Usual schools maintained in each of the districts thus associated, as if no union district maintained. had been formed.
1838, 189, § 7.
SECT. 41. The school committee shall have the powers and duties School commitin relation to such union school which they have in relation to other tees, powers district schools.
and duties of. 1838, 189, § 8.
CONTIGUOUS SCHOOL DISTRICTS IN ADJOINING TOWNS.
SECT. 42. If two or more contiguous school districts in adjoining Contiguous distowns are too small to maintain schools advantageously in each, such districts in adjoining towns may tricts may unite and form one district, with the powers, privileges, and unite. R. S. 23, § 49. liabilities allowed or prescribed in regard to school districts.
SECT. 43. No district shall be so united, unless the legal voters of Union not formeach, at legal meetings called for the purpose, agree thereto; nor, unless ed without con the respective towns, at legal town meetings called for the purpose, &c. assent to the same; and when such vote is passed by a school district, the clerk thereof shall forthwith send a certified copy to the clerk of his town.
sent of districts, R. S. 23, § 50.
SECT. 44. When the voters in such united district, at a legal meet- United dising called for the purpose, deem it expedient to separate and again separated. tricts may be form two or more districts, they may do so, first obtaining the consent R. S. 23, § 51. of the respective towns.
R. S. 23, § 52.
SECT. 45. The first meeting of such united district shall be called in the manner agreed upon by the respective districts at the time of form- how called. ing the union; and such district may, from time to time thereafter, prescribe the mode of calling and warning its meetings as other school districts may do.
SECT. 46. Such district, at the first meeting and annually thereafter, Prudential comshall choose a prudential committee, who shall receive and expend the chosen, &c. money raised and appropriated in each town for the united district, and R. S. 23, § 53. possess the powers and discharge the duties allowed or prescribed to the prudential committees of other districts.
SECT. 47. The legal voters of a united district shall, at the time of Money raised to voting to raise such money, determine the amount to be paid by the be in proporinhabitants in each town, which shall be in proportion to their respec- R. S. 23, § 54.
Money, how assessed.
R. S. 23, § 55.
1849, 65, § 2.
tive polls and estates; and the clerk of the district shall certify such vote to the assessors of each of said towns.
SECT. 49. The respective school committees of the towns from which tees of adjoining such united district is formed shall discharge the duties of school committee for the district in alternate years, commencing with the most ancient town.
ciate in turns. R. S. 23, § 56.
SECT. 48. All money duly voted to be raised by any such united district shall be assessed by the assessors of the respective towns upon the polls and estates of the inhabitants of the district, and collected, as taxes are assessed and collected in other school districts.
of school committee. Form of certificate. 1846, 223, § 2. 1849, 117, § 1. 1855, 23. See § 11.
SECTION 1. The clerks of the
Town clerks to deliver registers, &c., to
several cities and towns, upon receiving from the secretary of the board of education the school registers school commit- and blank forms of inquiry for school returns, shall deliver them to the
school committee of such cities and towns.
11. Who to sign reports.
12. Penalty on committee for neglect in returns, &c.
ss. On this school committee of subscribed, is true. Before me,
13. Registers, how kept. Teachers not to draw pay until return of register.
SECT. 2. If a school committee fails to receive such blank forms of return on or before the last day of March, they shall forthwith notify the secretary of the board of education, who shall transmit such forms as soon as may be.
Duties of assessors as to persons be
SECT. 3. The assessors shall annually in the month of May, ascertain the number of persons in their respective towns and cities on the first tween five and day of May between the ages of five and fifteen years, and on or before
the first day of July following report the same to the school committee.
SECT. 4. The school committee shall annually on or before the last day of the following April, certify under oath the numbers so returned to them by the assessors, and also the sum raised by such city or town for the support of schools during the preceding school year, including only wages and board of teachers, fuel for the schools, and care of the fires and school-rooms, and shall transmit such certificate to the secretary of the board of education. The form of such certificate shall be as follows, to wit:
We, the school committee of
do certify, that from the returns made by
the assessors in the year
it appears, that on the first day of May, in the year
there were belonging to said town the number of persons between the ages of five and fifteen years; and we further certify, that said town raised the sum of dollars for the support of public schools for the preceding school year, including only the wages and board of teachers, fuel for the schools, and care of fires and school-rooms.
personally appeared the above named , and made oath that the above certificate, by them
Justice of the Peace.
1837, 227; 1838,
See Ch. 38, § 20.
SECT. 5. The school committee shall cause the school registers to be Registers and faithfully kept in all the public schools, and shall annually on or before returns. the last day of April, return the blank forms of inquiry, duly filled up, 105, §6; 1846, to the secretary of the board of education; and shall also specify in 179. See § 11. said returns the purposes to which the money received by their town or See Ch. 36, § 3. city from the income of the school fund has been appropriated. SECT. 6. The school committee shall annually make a detailed report Committees' reof the condition of the several public schools, which report shall contain such statements and suggestions in relation to the schools as the committee deem necessary or proper to promote the interests thereof. The committee shall cause said report to be printed for the use of the inhabitants, in octavo, pamphlet form, of the size of the annual reports of the board of education, and transmit two copies thereof to the secretary of said board, on or before the last day of April, and deposit one copy in the office of the clerk of the city or town.
port; to whom
posited; to be
See Ch. 38, § 20.
SECT. 7. When a school committee fails within the prescribed time to make either the returns or report required of them by law, the secretary of the board of education shall forthwith notify such committee, or the clerk of the city or town, of such failure; and the committee or clerk shall immediately cause the same to be transmitted to the secretary.
SECT. 8. If a report or return is found to be informal or incorrect, the secretary shall forthwith return the same, with a statement of all deficiencies therein, to the committee for its further action.
when report is not made.
1855, 93, 1.
See Ch. 38, § 20.
1855, 93, § 2.
SECT. 9. The returns or reports of a city or town so returned by the secretary for correction, or which have not reached his office within the time prescribed by law, shall be received by him if returned during the month of May; but in all such cases ten per cent. shall be deducted from the income of the school fund which such city or town would have been otherwise entitled to. If such returns or reports fail to reach his office before the first day of June, then the whole of such city or town's share of the income shall be retained by the treasurer of the commonwealth, and the amount so retained, as well as the ten per cent. when deducted, shall be added to the principal of the school fund. And such city or town shall in addition thereto forfeit not less than one hundred nor more than two hundred dollars: provided, however, if said returns and reports were duly mailed in season to reach said office within the time required by law, then the city or town from which said returns or reports are due shall be exempt from the forfeiture, otherwise incurred.
board of educa
SECT. 10. The clerk of each city and town shall deliver one copy of Reports, &c., of the reports of the board of education and its secretary to the secretary tion, how reof the school committee of the city or town, to be by him preserved ceived, deliverfor the use of the committee, and transmitted to his successor in office; purpose. and two additional copies of said reports, for the use of said committee; In whom propand shall also deliver one copy of said reports to the clerk of each 1849, 65, § 2. school district, to be by him deposited in the school district library, or, if there is no such library, carefully kept for the use of the prudential committee, teachers, and inhabitants, of the district, during his continuance in office, and then transmitted to his successor; and in case the city or town shall not be districted, said reports shall be delivered to the school committee, and so deposited by them as to be accessible to the several teachers and to the citizens; and such reports shall be deemed to be the property of the town or city, and not of any officer, teacher, or citizen, thereof.
SECT. 11. When the school committee of a city or town is not less who to sign rethan thirteen in number, the chairman and secretary thereof may, in be- port half of the committee, sign the annual school returns and the certificate required by sections four and five.
Penalty on com
SECT. 12. A city or town which has forfeited any part of its portion mittee for neg
lect in returns, of the income of the school fund through the failure of the school committee to perform their duties in regard to the school report and school returns, may withhold the compensation of the committee.
SECT. 13. The several school teachers shall faithfully keep the regis ters furnished to them, and make due return thereof to the school committee, or such person as they may designate, and no teacher shall be entitled to receive payment for services until the register, properly filled up and completed, shall be so returned.
Registers, how kept. Teachers until return of
not to draw pay
register. 1819, 209.
Ꮯ Ꮋ Ꭺ Ꮲ Ꭲ ᎬᎡ 41.
OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS.
6. Wards may attend where guardian resides. 7. Children may attend in other towns than place of parents' residence, and parents pay, &c.
1. Children to be sent to school by parents,
2. Truant officers and school committee to in-
3. All children may attend where they reside.
5. Children may attend in adjoining town, and
8. Children not to attend unless vaccinated. 9. Race, &c., not to exclude.
10. Teachers and school committee to state grounds of exclusion.
11. Damages for exclusion, how recovered. 12. Interrogatories to committee, &c.
Children to be sent to school by parents, &c.
SECTION 1. Every person having under his control a child between the ages of eight and fourteen years, shall annually during the continPenalty for neg- uance of his control send such child to some public school in the city or
town in which he resides, at least twelve weeks, if the public schools of
SECT. 2. The truant officers and the school committees of the several
and school com- cities and towns shall inquire into all cases of neglect of the duty pre
scribed in the preceding section; and ascertain from the persons neg-
Children to at
SECT. 3. All children within the commonwealth may attend the pubtend where they lic schools in the place in which they have their legal residence, subject
1849, 117, § 4. Admission to
to the regulations prescribed by law.
SECT. 4. The school committee shall determine the number and
how regulated. qualifications of the scholars to be admitted into the school kept for the
use of the whole town.
R. S. 23, § 15. Children may attend in ad
SECT. 5. Children living remote from any public school in the town in which they reside, may be allowed to attend the public schools in an