CHAPTER XXIV.

SCHOOLS.

Duty of board to provide free schools.-Each board of education must establish a sufficient number of schools to provide for the free education of the youth of school age, within the district, at such places as will be most convenient for the attendance of the largest number of youth, and may also establish one or more schools of higher grade than primary schools, whenever they deem it proper or necessary, and after the establishment of the latter they can not be discontinued under three years from the time of the establishment thereof, except by a vote of three-fourths of the members of the board of education.1 4007, 4009.

Township board to establish certain number of schools, etc. -Each township board of education must establish at least one primary school in each sub-district of the township; and must continue each day-school established by them not less than twenty-four, nor more than forty-four weeks in each school year. 4007.

School year, week, and month.-The school year begins on the 1st day of September of each year, and closes on the 31st day of August of the succeeding year. The school week consists of five days; a school month of four school weeks. 4016.

Children's homes and infirmaries.-The boards of education of the district in which a children's home or orphan asylum exists, or may be established by law, and of dis tricts in which a county infirmary is located, when requested by the trustees of such home or asylum, or the directors of such infirmary, are authorized and required to 179 Ohio Laws, 37.

establish in such institution a separate school, so as to afford to the children therein, so far as practicable, the advantage of a common-school education. The schools so established are to remain under the care and control of the board of education, and be continued in operation in such infirmaries each year until the full share of all the school funds of the district belonging to such children, on the basis of enumeration, has been expended; and at such homes or asylums not less than forty-four weeks, and if the distributive share of school funds to which such school at any home or asylum is entitled by the enumeration of children in the institution, is not sufficient to continue the school the length of time required, the deficiency must be paid out of the funds of the institution. The board can incur no expenses for the support of such schools, other than the payment of teachers. All other necessary matters and things must be provided by the county commissioners. 4010.

German language; all branches must be taught in English.When it is demanded, in writing, by seventy-five resident freeholders of any township, representing not less than forty pupils entitled to attend such school, who, in good faith, desire and intend to study the German and English languages together, the board of education must cause the German language to be taught in any school under its control; but nothing in the law is to be construed as preventing the board from causing the German or other language to be taught in any of the schools, and all branches must be

1 The constitution does not enjoin or require religious instruction, or the reading of religious books, in the public schools of the state. Board of Education v. Minor, 23 Ohio St. 211.

The legislature having placed the management of the public schools under the exclusive control of directors, trustees, and boards of education, the courts have no rightful authority to interfere by directing what instruction shall be given, or what books shall be read, therein. Ibid.

2 As amended, 82 Laws, 142.

taught in English. The demand for instruction in the German language must be made at a regular meeting, and prior to the beginning of the school year. 4020, 4021.

Powers of board.-Management and control of the public schools of the township, which are or may be established according to law, is vested in the board of education, with full power, subject to the provisions of the law authorizing directors to employ, pay, and dismiss teachers in their respective sub-districts, to appoint a superintendent and assistant superintendent of schools, a superintendent of buildings, teachers, janitors, and other employes, and fix their salaries or pay, which must not be increased or diminished during the term for which the appointment is made, but no person can be appointed for a longer time than that for which a member of the board is elected, and no person can be appointed for a longer period than one year without a vote of three-fourths of all the members elected to the board. At the appointment the clerk must publicly call the roll of the members, and each is required to publicly announce the name of the candidate of his choice, and the clerk must record the names of those voting and the person for whom they voted. 4017.2

Employment of teachers.--The directors may employ the teacher or teachers of the school or schools in their sub-district. They may also dismiss any appointee for sufficient cause, and have power to fix the pay of teachers, which pay may be increased, but not diminished, by the township board, and must not, in any one year, exceed the aggregate amount of money to which the sub-district is entitled for the purpose of tuition for such year; but it is unlawful for the directors, prior to the April election and to the qualification of directors then elected, to employ any teacher for a term to commence after the expiration of the cur rent school year. 4018.3

Teachers can not be employed without certificate.—It is required that no person shall be employed as a teacher unless such person has first obtained from the board of examiners, having competent jurisdiction, a certificate of a good moral character, and that he or she is qualified_ to teach orthography, reading, writing, arithmetic, geography, English grammar, and the history of the United States, and possesses an adequate knowledge of the theory and practice of teaching; and in case such person is required to teach other branches than those specified above, he or she must

1 Under the act of March 14, 1853, as amended April 17, 1857— Held, that where a township board of education entered an order that teachers should not be employed by the local directors at a greater compensation than $20 per month, and the local dsrectors employed a teacher at a compensation of $30 per month, and certified the amount due to him at that rate, to the township clerk, it became the duty of that clerk to draw an order upon the township treasurer in conformity with such certificate. The State ex rel. v. Wilson, 11 Ohio St. 326.

5 As amended, 87 Laws, 372.

As amended, 87 Ohio Laws, 46.

first obtain a certificate of the requisite qualifications, in addition to the branches aforesaid.1

4074.

But persons desiring or expected to teach only one or more special studies-such as music, drawing, painting, penmanship, gymnastics, German, or French-may be examined and tested only in regard to such study or studies, and having obtained a certificate of qualification and good moral character, may be employed as teachers of such special study or studies.2 4074.

When board must appoint teachers.-In case the local di rectors of any sub-district fail to employ a teacher or teachers, the township board must employ the same for the sub-district, and fix their salaries. 4018.

Payment of teachers.-The directors must certify the amount due any teacher for services to the township clerk, whose duty it is to draw an order on the treasurer for the amount thereof, when the teacher files with him the said certificate, the term report prescribed by the state

179 Ohio Laws, 70.

2 The provision of the school law, that no person shall be employed as a teacher unless he has first obtained the certificate required by law, does not render invalid a contract fui employment made with the teacher before he obtains the requisite certificate, provided he obtains it before entering upon the duties of his employment. School District No. 2, etc. v. Dilman, 22 Ohio St. 194.

3 The board of education of a township, acting upon the supposition that the local directors of a sub-district were neglecting to discharge their duties, assumed to exercise those duties, under the provisions of the school law, and employed a teacher for said sub-district, who, under that retainer, and without being notified by the local directors to desist, taught the school for three months, and at the expiration thereof received from the clerk of the board of education an order upon the township treasurer for his wages. Held, that the treasurer could not rightfully withhold payment of the order, upon the ground that the local directors had not been neglectful of their duties, and that the exercise thereof, by the board of education, was unwar ranted by the facts of the case. Case v. Wresler, 4 Ohio St. 561.

commissioner of common schools, together with such other reports as may be required by the rules of the board, and a copy of his or her certificate of qualifications from the examiners, covering the entire time of service and a statement of the branches taught.1 4018, 4051.

No. 132. FORM OF TEACHER'S CERTIFICATE FOR PAY.

To the Clerk of

Township,

County, Ohio:

This is to certify that entered into, taught a common school, in sub-district No. of

under a contract duly made and

day

per day; and there is

dollars.

(Date.)

(Amount.)

Directors.

Auditor to certify amount of taxable property.—It is the duty of the auditor to certify to the clerk of each district, before the third Monday of April, the amount of taxable property in such district. 3958.2

Estimates of amounts required for school purposes.—Each board of education, at some lawful meeting between the third Monday in April and the first Monday in June, must annually require from their clerk a written statement of all unexpended balances in the treasury or to their credit, and determine by estimate, as

1A contract to pay a teacher can not be avoided on the ground of want or insufficiency of funds. School District No. 2, etc. v. Dilman, 22 Ohio St. 194.

Where the local directors of a sub-district employed a teacher, and fixed his salary at $125 per month in case he alone should be able to teach the school to their satisfaction, otherwise the teacher to employ and pay an assistant, and such teacher per formed the service under his employment, without the aid of an assistant, to the satisfaction of the local directors, who certified to the township clerk the amount due to the teacher under the contract: Held, that the township clerk can not justify his refusal to draw an order on the township treasurer for the amount certified, on the ground that the contract under which the service was performed was against public policy and void. State ex rel. Werden v. Williams, 29 Ohio St. 161.

'As amended, 80 Laws, 17.