« 上一頁繼續 »
same powers also exist in regard to district schools, as far as they may be applicable. The law vests a plenary authority in the committee to arrange, classify, and distribute pupils as they think best adapted to their general proficiency and welfare. In the absence of special legislation on the subject, the law has vested the power in the committee to regulate the system of distribution and classification; and when this power is reasonably exercised, without being abused or perverted by colorable pretenses, the decision of the committee will be deemed conclusive. (See 23 Pick. 224 ; 5 Cush. 198; 8 Cush. 160.)
SEC. 3. Parents have no remedy as against the teacher.- As a general thing, the only persons who have a legal right to give orders to the teacher are his employers, namely, the committee in some States, and in others the directors or trustees. If his conduct is approved by his employers, the parents have no remedy as against him or them; for the law will not presume that the committee, etc., who are invested with the powers of superintendence and management, will act arbitrarily and unjustly in a matter submitted to their judgment. (23 Pick. 227.) The following decision on this same point is later, and to the same effect. The board of trustees in the city of New-York are vested with the power to conduct and manage the schools in their respective wards; and in this conduct and management the discipline of the schools is exclusively under their control. To their direction, consequently and necessarily, is confided the power to decide questions relating to the violation of discipline, and their judgment is conclu. sive. (18 Abbotts' Pr. 165.) If a child of proper age and qualifications is rejected by the master, the proper course for the parent is to appeal to the committee, trustees, or directors, as the case may be. If, on their requisition, the master should refuse to accept the pupil, they would have ample means to enforce their authority by means of their contract with the master. But if they approve of and confirm the act of the master, we are to believe that there is good and sufficient cause for the rejection of the pupil. (23 Pick. 227.) The trustees may always expel a scholar when, in their judgment, the good order and proper government of the school require it. (14 Barb. 225 ; 38 Maine, 376 ;
8 Cush. 164.) And if they err in the discharge of their duty in good faith, they are not liable to an action therefor. (32 Vermont, 224.) Consequently the master ought to consult the trustees before he expels a pupil, (23 Pick, 227;) and if they give their consent, the parent has no remedy, and there is nothing to fear. no case can a parent sustain an action for an injury to his child, unless some actual loss has accrued to him, or he has been subjected to the violation of some right, from which a possibility of damage to him may arise. (14 Barb. 225; 38 Maine, 376.) A parent of a child expelled from a public school can not maintain an action against the school committee by whose order it was done. (Ib.) Nor is the teacher of a town school
liable to an action by a parent for refusing to instruct his children. (23 Pick. 224.) The teacher has the right to direct how and when each pupil shall attend to his appropriate duties, and the manner in which pupils shall demean themselves, provided that nothing unreasonable is demanded. (27 Maine, 281.) A requirement by the teacher of a district school that the scholars in English grammar shall write compositions is a reasonable one, and refusal to comply therewith will justify the expulsion of the scholar from the school. (32 Vermont R. 224.) A rule requiring every scholar to read from the Protestant version of the Bible may be enforced by the trustees, or by the teacher, in accordance with the known wishes of the trustees, and the scholar refusing to comply with such rule may be expelled from the school. (38 Maine, 376.) A scholar may be expelled for truancy, or for misconduct in school, or for disobedience to its reasonable regulations. (8 Cush. R. 164.) Children unvaccinated may be excluded from school. (N. Y. Session Laws, 1860, 761, ch. 438.) Teachers are not required to hear the recitations of dilatory pupils or those who are not prepared at the regular time for recitation, unless it can be done without interrupting the regular school duty. Teachers are authorized to suspend pupils who are persistently disobedient or immoral in their conduct, but must promptly report the case with the charges to the commissioner for his action. (ByLaws of Md. Comrs. 1865.) Directors are authorized to suspend or expel pupils for disobedient, refractory, or incorrigibly bad conduct. This authority they may delegate to the teacher, to be exercised under such circumstances and for such offenses as they may prescribe. The directors may also empower the teacher to inflict the penalty of immediate though temporary suspension, in cases of sudden and violent acts of insubordination or rebellion. But the teacher must consider that the legal authority to inflict these extreme penalties emanates from the directors, and does not vest primarily in him, and that it is therefore his duty to conform his action to the instructions received from the directors, or to the discretion expressly conferred by them. In all cases of temporary suspension, the facts must be reported to the directors, as soon as practicable, for their information and sanction. (Ill. Amended School Laws, 1865, p. 187.) It can scarcely be necessary to remark on the importance of order and system in the schools, not only to enable the pupils to learn any thing, but to give them those habits of regularity so essential in the formation of character. Punctuality of attendance, as well as its steady continuance, should be enforced. Parents should be told how much their children lose, to what inconvenience they expose the teacher, and what disorder they bring upon the whole school, by not insisting upon the scholars being punctually at the school-room at the appointed hour; and, above all, they should be warned of the injurious consequences of allowing their children to be absent from school during the term. By being indulged in absence, they lose the connection of their studies, probably fall behind their class, become discouraged, and then seek every pretext to play the truant. The habit of irregularity and insubordination thus acquired will be apt to mark their character through life.
It is the duty of the trustees to coöperate with the teacher in the government of the school, and to aid him, to the extent of their power and influence, in the enforcement of reasonable and proper rules and regulations; but they have no right to dismiss a scholar except for the strongest reasons; for example, such a degree of moral depravity as to render an association with other scholars dangerous to the latter, or such violent insubordination as to render the maintenance of discipline and order impracticable ; in which case they may legally exclude him from the school, until such period as he may consent to submit to the reasonable rules and regulations of the teacher and trustees; and if after such exclusion he persists in attending, without permission from the trustees, and contrary to their directions, he may be proceeded against as a trespasser. A teacher may employ necessary means of correction to maintain order; but he should not dismiss a scholar from school without consultation with the trustees. (Mich. School Laws, 1864, p. 163.)
SEC. 4. The law as to disturbing schools.-Although without any special enactments, no one has any right to willfully interrupt or disturb a school, yet several of the