places in the district, a detailed and specific statement of the receipts and disbursements of all funds expended for school and building purposes for the year preceding such annual election. And the said board of directors shall also at the same time publish in detail an estimate of the several amounts which, in the judgment of such board, are necessary to maintain the schools in such district for the next succeeding school year. C. '73, §§ 1734-5, 1756; R., §§ 2037, 2054; C. '51, § 1147.] NOTES: 1. Statement. This statement should show in detail the receipts and expenditures for each fund, followed by an estimate of the amount required for each fund, to maintain the schools for the ensuing year. 2. Items. The detailed and specific statement of the receipts and disbursements of all funds expended, should be sufficiently itemized to show the amount received from each separate source, and the amount expended for each particular purpose. 3. Purpose. This statement is for the information of the electors, but they should not vote upon the amount of tax to be levied for contingent and teachers' funds, as these amounts are determined by the board. Section 2806. 4. Publication. The board must have the statement published at least once in a newspaper, if one is printed in the district or have it posted in at least three public places. This publication should be had two weeks before the annual school election. 5. Expense. The fee for printing the statement is fixed by law. Code, section 1293. 6. Minute details. In preparing the annual statement for publication, minute details of all the items need not be given. This would render it uselessly troublesome to prepare, and expensive to publish. Such general results and classified items as will enable the electors fully to comprehend the proceedings of the board, are all that the law requires. The statistics of the school may be added if the board thinks proper, but the law does not require it. · SEC. 2782. Visiting schools-regulations-discharge of teacherexpulsion of scholar. It shall provide for visiting the schools of the district by one or more of its members and aid the teachers in the government thereof, and enforcing the rules and regulations of the board. It may, by a majority vote discharge any teacher for incompetency, inattention to duty, partiality, or any good cause, after a full and fair investigation made at a meeting of the board held for that purpose, at which the teacher shall be permitted to be present and make defense, allowing him a reasonable time therefor. It may by a majority vote expel any scholar from school for immorality or for a violation of the regulations or rules established by the board, or when the presence of the scholar is detrimental to the best interests of the school, and it may confer upon any teacher, principal or superintendent the power temporarily to dismiss a scholar, notice of such dismissal being at once given in writing to the president of the board. When a scholar is dismissed by the teacher, principal or superintendent, as above provided, he may be re-admitted by such teacher, principal or superintendent, but when expelled by the board he may be re-admitted only by the board or in the manner prescribed by it. [C. '73, §§ 1734-5; R., §§ 2037, 2054; C. '51, § 1147.] NOTES: 1. Visitation. A conscientious compliance with the requirements regarding visitation would greatly increase the efficiency of the schools. There are very many things that may be best ascertained by visiting the school, inspecting the work of the pupils, and conversing with the teacher. The teacher can accomplish the best results only when he is sure of hearty co-operation and support. 2. Power of board. of their district and the teachers employed therein. Sections 2745, 2772. Boards have entire control over the public schools 3. Rules and regulations. Rules and regulations governing teachers and scholars may be adopted and enforced by the board, as the best interests of the schools may seem to require. Decisions, 17 and 38. See notes 23 and 24, section 2772. 4. Termination of force of regulations. The force and effect of any motion adopted by the board does not terminate with a change of officers or members, but remains in force until repealed. 35 Iowa, 361. 5. Teacher as agent of the board. The teacher is the agent of the board, and rules made by him and enforced with either formal or tacit consent are in effect the rules of the board. 6. Jurisdiction of principal. If it is understood that the principal of a school has charge of other rooms besides his own, he has the same power in managing the children that is by law given to other teachers. Section 2776. 7. Privileges of the public schools conferred by statute. The privilege of free instruction in the public schools is one conferred by legislative enactment, under constitutional direction, and the privilege is subject to legislative regulation. The right to attend school is not absolute, but is conditional upon compliance with the rules and the essential conditions. Section 2773. 8. Board prescribes when subject shall be pursued. The board may prescribe a course of study and determine in connection with that course of study the time during the year in which certain specified branches shall be pursued. This is a necessity in order to secure an economical division of labor on the part of the teaching force, particularly in a large school. Section 2772. 9. Responsibility of teacher. The teacher ay be held responsible for the efficient discharge of every duty properly attached to his office, including the exercise of due diligence in the oversight and preservation of school buildings, grounds, furniture, apparatus, and other snool property, as well as the more prominent work of instruction and government. 10. Damage liability of teacher. Partie doing damage to school property are responsible for the same. The teacher is bound to exercise reasonable care to protect and preserve school property, and failing to do so may be held liable for damages. Sections 2772, 2778. 11. Corporal punishment permitted. If the rules and regulations of the board do not provide otherwise the teacher has the right in proper cases to inflict corporal punishment upon refractory scholars. In the proper exercise of his authority, to maintain good order, and to require of all the scholars a faithful performance of their duties, the teacher is entitled to the support and cooperation of the board. 12. Kind of punishment. In the choice of a kind of punishment and in the selection of an instrument, as well as in determining the degree of punishment to be administered, the teacher must exercise a sound discretion. 13. Punishment-a last resort. Corporal punishment is best reserved as a last resort and should be used only when it is believed that no other gentler measure will secure the reformation of the offender. Dismissal from school by the proper authority is a still more extreme remedy than corporal punishment. 45 Iowa, 248. 14. Schoolhouses-condition of. It is the duty of the board to see that schoolhouses are kept in repair, clean, and in good order for school use. Neither the teacher nor the scholars should be expected to scrub or wash out the schoolhouse. The light sweeping of daily use is often done by them on their own motion, but this cannot be required of the scholars, nor of the teacher unless he contracts to take special care of the house in such respects. 15. Cleaning schoolhouse. The board should have the schoolhouse cleaned as frequently as it needs such attention in order to keep it in good order for school use. No member of the board may receive pay for such work, but any other person may be paid from the contingent fund. 16. Janitor-teachers-pupils. Janitor work cannot be required of the teacher unless an agreement to do the same has been made a part of the contract, and neither the teacher nor the board may require that such work shall be done by the pupils. If a scholar has made unnecessary litter in the schoolroom or about his seat he may be required as a punishment to sweep up the same. But this is quite another matter than doing the ordinary janitor work. 17. Janitor work-contract. Making fires and sweeping the schoolroom are not, properly, a part of the teacher's duties. In rural districts teachers frequently perform this labor as a matter of convenience and economy. Those unwilling to do this work, or who expect to receive pay for it, should so stipulate when entering into the contract to teach. Section 2778. Decisions, 30. 18. Holidays. It is lawful and quite usual for a board to give teachers holidays and make no deduction from their wages. The teacher, however, may not claim it as a right. 19. Teacher entitled to compensation. If a teacher is at the schoolhouse at the proper. time, and remains during school hours, he is entitled to pay therefor. according to his contract, whether scholars are present or not. 20. Epidemic-closing school. As a rule it is highly undesirable, to close a school on account of an epidemic. But if the local board of health or the board of directors, closes a school on account of the presence of a contagious disease, or for like reason, the teacher is entitled to pay for such time according to his contract. 21. Damages for closing. When a school is closed for a short time, for causes beyond the control of the teacher, the courts will be likely to hold that the teacher is entitled to his pay according to the terms of his contract. Such cases are best settled by compromise between the parties. Note 16, section 2778. 22. Closing-loss made good. If the schoolhouse is destroyed, or the school is closed indefinitely by causes beyond the control of either party to the contract, the teacher being ready to comply with his part, can collect pay according to contract. If said teacher uses proper diligence to secure employment at something which he can do, and secures such employment, the district will pay him the difference between the amount received in his new work and the amount of his wages under the contract. In other words, his actual loss should be made good. Opinion of attorney-general. 23. Duty to teachers. Teachers are entitled to the support and co-operation of the board. It is alike due to the dignity of the board and the rights of the teacher that no one should be discharged except after thorough investigation and the clearest proof. If possible the teacher should be shielded from the stigma of discharge. 24. Dismissal of teacher-how. In the trial of a teacher, when it is sought to dismiss him, all the provisions of law must be strictly complied with. The board must allow the teacher to make a full defense, and the teacher may appear by attorney, or otherwise, as he chooses. Decisions, 103. 25. Dismissal of teacher-for what. Boards may dismiss teachers only for good cause shown. In case the board passes an order to dismiss, the material reason therefor should be spread upon the record, for, while in case of contest, these reasons would not be conclusive against the teacher, the board would be estopped from presenting other reasons than those named in the record. cisions, 86, 116. De 26. Discharge of teacher-tender of new place. The tender of a new place is no defense where it did not appear that plaintiff could have accepted such new position without modifying the original contract. 110 Iowa, 313. 27. Board as accuser and judge. In a trial of charges against a teacher by the board of directors it was not objectionable on the ground that they were accusers rather than judges, and because of their prejudice, since they constitute the only tribunal authorized to try such charges. 113 Iowa, 236. 28. Tender of resignation—merely an offer. The tender of a resignation by a teacher, under contract to teach in a certain district, being a mere offer, is not binding on either party to the contract until accepted, and it may be withdrawn at any time before it is acted on by the district board. 111 Iowa, 20. 29. Retention of resignation not acceptance. The retention of a tender 111 Iowa, 20. of resignation does not constitute an acceptance. 30. Abandonment of contract. The filing of a tender of resignation is not an abandonment of contract. 111 Iowa, 20. 31. Discharge of teacher. Accepting a resignation that has been withdrawn is not a discharge as provided under section 2782. 111 Iowa, 20. 32. Hearing without notice-a nullity-second trial. 113 Iowa, 236. See also 53 Iowa, 587. 33. Refusal of board to reinstate immaterial. 113 Iowa, 236. 34. Date of hearing delayed by injunction. 113 Iowa, 236. See also 110 Iowa, 652. 35. Teacher may appeal. When a teacher is unjustly dismissed, an appeal may be taken from the action of the board in dismissing him, but a suit at law must be brought, if he seeks to recover his pay upon the contract. The teacher should be paid only to the date of legal dismissal. 53 Iowa, 585; 100 Iowa, 328. 36. Action of board-weight of. The order of the board discharging or refusing to discharge a teacher is more largely a discretionary than a judical act. In this, as in other matters, the very large discretionary powers of the board must be respected, and on appeal their conclusion may not be questioned without the most convincing testimony. 37. Contract terminated by discharge. The contract with the teacher may be terminated by discharge after the investigation provided for in this section, by revocation of certificate, or by mutual agreement between the parties. 38. Teacher-habits of. By universal consent, and certainly by the spirit of our school law, it is expected of teachers that they refrain from improper language, keep the Sabbath day with respect, and in every other way avoid practices or company that are demoralizing in their tendencies. 39. Dismissal-the only method. This section provides the only manner in which a teacher may be discharged, and the parties to the contract should not attempt to provide any other method of terminating the contract. A discharge by any other method is illegal. 82 Iowa, 686. 40. Certificate-attack of. The certificate being in the nature of a commission cannot be attacked collaterally. 41. Obligations-reciprocal. The obligations between the parties to a contract to teach are reciprocal. A teacher would have good cause to complain if a board desired to remove him because it had an opportunity to secure a better teacher." Yet in such a case if an agreement can be made, annulling the contract, such arrangement would be legal. But the teacher may insist that the board keep its part of the contract in the same spirit that he intends to keep his part. The same is true if it is the teacher who desires to have the contract annulled. 42. Vaccination. The regulations of the state board of health require every person entering any public school to give satisfactory evidence of protection by vaccination. Boards of directors and local boards of health also have the power to require all persons who desire to attend the public schools to furnish evidence of successful vaccination. 43. Exclude children-when. The board should exclude children coming from houses where there are contagious diseases, and should enforce the rule that children not vaccinated shall not be admitted until they conform to the regulation demanding such protection. 44. Government of schools. The board has full control in all matters relating to the government and welfare of the schools. A scholar subject to fits or spasms may be excluded from school by the majority of the board, if the presence of such scholar is thought to interfere materially with the progress of the school. Any one aggrieved by the exclusion of such scholar has the remedy of appeal to the county superintendent. See note 8, section 2804. 45. Comply and co-operate with board of health. It is the duty of every board of directors to co-operate with the local board of health in encouraging the vaccination of all school children not already protected by vaccination. The board of directors may not compel vaccination, but the majority vote of the board will exclude from the schools any one who will not comply with such reasonable rule of the board of health. 46. When parent objects. The board will be justified in refusing to permit the attendance of a child whose parent will not consent that the scholar shall obey the rules of the school. 31 Iowa, 562, and 50 Iowa, 145. 47. Right to attend. The right to attend school is not absolute, but is conditional upon compliance with the rules and regulations of the board. 48. Board may not adopt rule. A board may not adopt a rule which will deprive a child of school privileges, except as a punishment for breach of discipline or an offense against good morals. 56 Iowa, 476. 49. Reasonable and proper rule defined. Any rule of the school, not subversive of the rights of the children or parents, or in conflict with humanity and the precepts of divine law, which tends to advance the object of the law in establishing public schools, must be considered reasonable and proper. 31 Iowa, 562. 50. Absent or tardy-rules concerning. It is competent for boards to provide by rules that pupils may be suspended from the schools in case they shall be absent or tardy a certain number of times within a fixed period, except for sickness or other unavoidable cause. 31 Iowa, 562. 51. Keeping child out of school. The parent has no right to interfere with the order or progress of the school by detaining his child at home, or by sending him at times that prove an annoyance or hindrance to others. 31 Iowa, 562. 52. Acts done out of school-jurisdiction of board. If the effects of acts done out of school hours reach within the schoolroom during school hours, and are detrimental to good order and the best interests of the pupils, it is evident that such acts may be forbidden. 31 Iowa, 562. 53. Expulsion of pupil—notice. The law does not require the board to give a scholar or his parents notice or chance for defense, before ordering his suspension or expulsion. The board has large discretionary powers. This is one of the matters wholly within its discretion. But it would be well for the board carefully to investigate the charges, before dismissing any scholar. Decisions, 38 to 107. 54. Suspension. Suspension is the separation of the scholar from the school for a limited time, and it may be either for bad conduct, for unnecessary absence or tardiness, or as a sanitary measure. For good cause, a teacher may suspend without fixing the time, notice being also at once given to the board. 55. Time of suspension should be indicated. The period of time fixed by the board during which suspension or expulsion shall be in force, should be clearly indicated in the vote of the majority of the board, as spread upon the records. Conditions upon which earlier readmission is provided for, may very properly be given in the same connection. 56. When presence detrimental. The true idea is to bring all within the salutary influence of the school, and to drive none out, but cases sometimes occur in which it becomes necessary for the board to protect the rights of the many by excluding a scholar whose presence and example are a constant menace to the successful progress of the school. 57. Depriving of recess. The teacher has control over scholars during school hours, subject to the regulations of the board. He may require a scholar to remain in his seat during recess as a punishment. However, it is not wise to deprive children to any great extent, of the exercise necessary to their physical well-being. 58. Control of pupil during intermission. The teacher has as full control over scholars during recess as at other times within the school hours fixed by the board. 59. Punishment. The teacher may, for the maintenance of his authority and the enforcement of discipline, legally inflict chastisement upon a pupil. The punishment should, however, be inflicted only for some definite offense which the pupil has committed, and the pupil should be given to understand what he is being punished for. 50 Iowa, 145; 45 Iowa, 248. 60. Oversight of pupils. Teachers should exercise watchful care and oversight as regards the conduct and habits of their scholars, not only during school hours, recesses and intermissions, but also within reasonable limits while they are coming to and returning home from school. |