Page images
PDF
EPUB

manner as a poll at a contested municipal election under the Ballot Act, 1872 (36 & 37 Vict., c. 86, Sched. 2).

The Education Department are to fix a day for the triennial retirement of the members of the school board, except in the case of the School Board for London. The first members are to retire from office on the day fixed for retirement next after the expiration of three years from the day fixed for the first election, and members chosen in the place of retiring members are to come into office on the day for retirement, and are to hold office for three years only (33 & 34 Vict., c. 75, Sched. 2).

As regards the metropolis, the elections of the members of the school board are to take place in the month of November every third year, on the day from time to time appointed by the school board. The first of December is fixed as the day for the retirement of members (33 & 34 Vict., c. 75, sec. 37, Sched. 2, third part).

The School Board for London are empowered to elect a chairman, either from the members of the board or not. If the chairman is not an elected member of the board he is to be an ex-officio member. He may be paid such salary as the board, with the sanction of the Education Department, may fix (33 & 34 Vict., c. 75, secs. 37, 38).

A member of a school board who absents himself during six successive months from all meetings of the board, except from temporary illness or other cause to be approved by the board, or is punished with imprisonment for any crime, or is adjudged bankrupt, or enters into a composition or arrangement with his creditors, is to be deemed to vacate his office. A member of a school board, or manager appointed by the board, who holds or accepts any place of profit, the appointment to which is vested in the school board or managers appointed by them, or in any way shares or is concerned in the profits of any bargain or contract with, or any work done under the authority of the school board or managers, on conviction, not only renders his office vacant, but is liable to a penalty not exceeding 50/. This provision does not, however, extend to any sale of land or loan of money to a school board, or any bargain or

contract made with or work done by a company in which the member holds shares, or the insertion of any advertisement in any newspaper in which he has a share, if he does not vote with respect to the matter (33 & 34 Vict., c. 75, sec. 34 and Sched. 2).

When a 'casual vacancy in the office of a member of a school board occurs by death, resignation, disqualification, or otherwise, the vacancy may be filled up by the remaining members of the board, if a quorum, at a special meeting of the board called for the purpose (39 & 40 Vict., c. 79, sec. 44 and Sched. 3).

The school board of the district are to be a body corporate, having perpetual succession and a common seal, with power to acquire and hold land (33 & 34 Vict., c. 75, sec. 30).

Officers of School Boards.

The school board may appoint a clerk, a treasurer, teachers, and other necessary officers. The officers are to hold office during the pleasure of the board, and are to perform such duties and receive such salaries as the board may assign to them. Two or more school boards may arrange to employ the same officer.

The school board may also appoint an officer to enforce bye-laws as to attendance of children at school, and to take the proceedings necessary for obtaining orders for the sending of children to certified industrial schools (33 & 34 Vict., c. 75, secs. 35, 36; 39 & 40 Vict., c. 79, sec. 28).

Offices of School Boards.

When the school board satisfy the Education Department that, having regard to the large population of the district of the board, it is necessary or proper that an office should be provided for the board, the Education Department may authorise the school board to provide an office accordingly (39 & 40 Vict., c. 79, sec. 42).

Proceedings of School Boards.

Regulations are prescribed with regard to the meetings. of the school board and the transaction and management of the business of the board. Subject to the provisions in those regulations, the school board may from time to time. make such further regulations on the subject as they may deem necessary (33 & 34 Vict., c. 75, Sched. 3; 36 & 37 Vict., c. 86, Sched. 3).

Proceedings of a school board are not to be questioned on account of vacancies in the board; and no disqualification or defect in the election of persons acting as members is to vitiate proceedings when the majority of members, parties to them, were entitled to act. Minutes of the proceedings of the board, signed by the chairman, are to be receivable in evidence in all legal proceedings without further proof (33 & 34 Vict., c. 75, sec. 30).

Provision of Schools by School Boards.

On the formation of the school board the Education Department are to send to the board a requisition requiring them to take proceedings forthwith for supplying the public school accommodation which is considered necessary for the district, and on the receipt of the requisition the school board are forthwith to comply with its requirements, and take the necessary steps for providing the school accommodation specified by the Education Department (33 & 34 Vict., c. 75, sec. 10). The expression "public school accommodation" includes public school accommodation without payment of fees (54 & 55 Vict., c. 56, sec. 5).

The school board for the purpose of supplying adequate school accommodation may provide schoolhouses for the district, by building or otherwise. They may improve, enlarge, and fit up any schoolhouse provided by them, and supply school apparatus and everything necessary for the efficiency of the schools so provided (sec. 19). They are to maintain and keep efficient every such school, and are

from time to time to provide such additional school accommodation as they may consider requisite (sec. 18).

If the Education Department are satisfied that the school board have failed either to maintain or keep efficient any school provided by them, or to supply such additional school accommodation as is necessary for the district, they may send the school board a requisition requiring them to fulfil the duty which they have failed to perform (33 & 34 Vict., c. 75, sec. 18).

The

In order to facilitate the purchase of land by school boards for the erection of schoolhouses, the clauses of the Lands Clauses Consolidation Act, 1845, and the amending Acts, with the exception of those relating to "access to the special Act," are incorporated with the Act. powers conferred upon the school board of purchasing land compulsorily are, however, only to be exercised subject to certain conditions which are prescribed by the statute, and under the authority of an order of the Education Department, which must be confirmed by an Act of Parliament (33 & 34 Vict., c. 75, sec. 20; 36 & 37 Vict., c. 86, sec. 15).

The School Sites Acts of 1841, 1844, 1849, and 1851 are also to apply to a school board in the same manner as if the board were trustees or managers of a school within the meaning of those Acts (33 & 34 Vict., c. 75, sec. 20).

It was anticipated that it would be found in many instances that when a school board had been formed for a district, the managers of schools previously maintained. on the voluntary system would be desirous of relieving themselves of the charge by transferring them to the school board, and thus rendering them rate-aided schools. It is therefore provided that arrangements may be made, subject to certain conditions, for the transfer of any elementary school by the managers of the school to the school board of the district in which the school is situated. In no case, however, is such an arrangement to be made without the consent of the Education Department and (if there are annual subscribers to the school) the consent of two-thirds of the subscribers present and voting on the

question at a meeting summoned for the purpose. The arrangement may provide for the absolute conveyance to the school board of all the interest in the schoolhouse possessed by the managers or trustees of the school, or for the lease of the schoolhouse at a nominal rent or otherwise to the school board, or for the use of the schoolhouse by the school board during part of the week only. The arrangement may also provide for the transfer of any endowment belonging to the school, or for the discharge by the school board of any debt charged on the school not exceeding the value of the interest or endowment transferred to them. A school so transferred is to be deemed a school provided by the school board (33 & 34 Vict., c. 75, sec. 23).

The school boards of two or more school districts may, with the sanction of the Education Department, combine together for the purpose of providing, maintaining, and keeping efficient schools common to such districts (33 & 34 Vict., c. 75, sec. 52).

Borrowing Powers of School Boards.

The school board are empowered, with the consent of the Education Department, to borrow money on the security of the school fund and local rate (see p. 29) for the payment of any expenses which they have incurred, or require to incur, either (a) in providing or enlarging a schoolhouse, (b) in paying off any debt charged on a schoolhouse provided by them, or on land which they have acquired by gift, transfer, or purchase, or (c) in works of improving or fitting up a schoolhouse, when the Education Department consider that the cost, in consequence of the permanent character of the works, should be spread over a term of years. The consent of the Education Department to a loan for a schoolhouse is not, however, to be given unless they are satisfied that the additional school accommodation which it is proposed to supply is required for providing for the educational wants of the district (36 & 37 Vict., c. 86, sec. 10).

« EelmineJätka »