A survey of the literature in the field of school law

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A SURVEY OP THE LITERATURE IN THE FIELD OF SCHOOL LAW

A Project Presented to the Faculty of the School of Education The University of Southern California

In Partial Fulfillment of the Requirements for the Degree Master of Science in Education

ty John Boyd Pearson June 1950

UMI Number: EP46013

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i3i '^ro p2 1924. Some standards or rules are needed which are recog­ nized and applied by judicial tribunals and which apply to the rights desired to be enforced.

The purpose of this

study was to find such practical standards and, of possible, point out the conditions and situations under which such standards or rules would be applied. The author discusses responsibilities in providing school sites; conditions under which school boards may make contracts binding on the district; acts that are sufficient to imply contracts binding on the board or district; when, where, and how unauthorized acts of the directors may later be ratified; personal liability of directors on contracts; and interpretation of the courts on common clauses and conditions found in building contracts. Chapter I has a short, concise summary setting forth those standards and rules that might apply under certain conditions and situations, which would make an excellent oral report.

The other chapters are well organized.

54 Punke, Harold H . , The Courts and Public School Prop­ erty, University of Chicago Press, 1936.

(379-l473**P984c)

In this book the author attempted to work out the principles of common law which apply to the practical prob­ lems of public-school administration, as they related to the acquisition, use, and disposal of school property.

The book

is of such scope and Importance that it is cited in other sections and will be reviewed chapter by chapter. The first chapter deals with the general contractual authority of school authorities relative to property and is summarized as follows: 1. A municipal board derives its authority to con­ tract from statutes or similar public documents, which created the municipal corporation governed by the board. Therefore that authority must be exercised in accordance with such statute or other document, in order to make a valid contract. 2. Boards can bind the district only when acting in corporate meeting. 3. Unrecorded acts of a board are not ordinarily void simply because they were not recorded, unless statute provides otherwise. 4. Courts will not overrule the board unless there is fraud or a manifest abuse of discretion. 5* Where a constitutional debt limit is set up, a contract which exceeds that limit is ordinarily valid up to the limit of indebtedness which is constitu­ tionally permissible, and void for the amount which is beyond the limit. 6. A contract exceeding an amount that may be expended for a particular purpose as established by statute may not be enforced.

55

7 . If there is no statute preventing personal inter­ est of a hoard member, such contracts may or may not be held void at discretion of the district. 8. Contracts may be ratified by board acting cor­ porately provided they could have made contract in the first instance but cannot be validated if board had no power to make them in the beginning. 9. Courts may allow alterations in contracts. 10. A bidder may rescind his bid in ease of funda­ mental error provided the contracting parties can be put back in status quo. The second chapter deals with the authority to pro­ vide buildings and sites for school purposes.

It is summar­

ized thus: 1. A board must follow procedure as set up by statute if in force. 2. Where no specific statute is in force, the courts usually hold that school boards may provide buildings and sites under their general powers to maintain schools. 3. In the absence of specific statutory authority, school officials of two different school corporations cannot act jointly. 4. Where boards vote to erect building on sites which were selected without due regard to the legal steps, it is held that such a vote constitutes rati­ fication of the irregular selection. In chapter three the author discusses the procedure in acquiring school buildings and sites.

Among other things

it is pointed out that: 1. Boards may use right of eminent domain to acquire the land needed for school sites. 2. May include what is reasonably necessary for school, playground or athletic fields.

56 5. May take improved land unless statute prohibits. 4. Conflicting demands for public use will be deter­ mined by which the land is most needed. 5. No specific statutory authority is necessary to authorize boards to rent property for school purposes. 6. School officials may accept gifts of property for school purposes--provided donor does not attempt to vary the powers and duties of such officials in the control of the property. The fourth chapter is brief and points out that unless there are definite statutes to the contrary it is up to the discretion of the board whether more, better, bigger, buildings, etc., are needed by the district. The fifth chapter discusses the contracts for the construction of school buildings and provisions relative to such contracts.

It is best summarized briefly as

-

follows: 1. Boards have authority to employ architects. 2. Preparation of plans is not part of construction of building and may be permitted even though funds are not available to build. 3. Procedure for competitive bidding must be followed exactly as provided by statute. 4. Boards must exercise sound discretion in accep­ tance of bids. 5. Corporate action by a board in acceptance of a bid is necessary before any contractual relations exist. 6. Boards may contract for completion of unfinished buildings.

57 7. Defects In construction of a building are not waived, nor Is a building accepted, merely because the district takes possession and uses it for school purpose. 8. Ordinarily the use of a building for school p u r ­ pose is not considered a ratification of an irregular contract for the erection of a building. Surety bonds of school-building contractors are dis­ cussed at length in chapter six.

Some of the more impor­

tant items follow: 1. Boards may take bond conditioned for the payment of persons who supply labor or materialv 2. Mo Individual liability of board members for failure to take the bond unless statute specifically imposes the duty. 3. May make surety bond liable for materials although not used, also for liability for costs but not liable for equipment to contractor or fuel'to operate. Chapter seven takes up contracts for school equip­ ment and supplies and makes note of the following: 1. It is all right for board to purchase equipment etc. under right of maintenance. 2. Statutes on what may be considered proper equip­ ment for schools varies in the numerous states. 3. Contracts for the purchase of school equipment and supplies which are contrary to statutes are ultra vires. and void. %. Where contracts for the purchase of equipment are not ultra vires. but invalid for other reasons, such as that of board members acting individually, the contracts are merely voidable and may be ratified by the board.

58 In the eighth chapter the author discusses holding and management of school property.

The following are of

note in this chapter: 1. The title to school property is vested in the state, and is held in trust for the state by local school organizations. 2. The administrative control of public-school property lies with the local school officials. 3. Boards may use discretion to provide maintenance and repair to buildings the same as to build new ones. 4. Unless statute provides otherwise, matters of insurance are up to the discretion of the board. 5. Boards may employ legal counsel to protect the property or rights of the district. In the ninth chapter the matter of collateral uses of public-school property are discussed.

The chapter

points out that courts are sharply divided on the question of whether, In the absence of statutory permission, publicschool property can be used for non-school purposes.

In-

several of the states statutes have been enacted specifi­ cally authorizing non-school uses of public-school property. In general the trend Is to greater demand for wider use of the school plant. The tenth and eleventh chapters deal with reversion of school property to the grantor and the sale and other disposition of school property.

These things are of note:

1. Unless specifically provided land does not revert to the grantor when not used for school purposes.

59 2. Where a consideration has heen apid for the con­ veyance of land for school purposes, the courts are even less likely to permit reversion. 3- As a general rule, school districts cannot sell or dispose of their property except in the manner provided by statute. 4. Where statutes provide for disposing of school property that is no longer needed for school pruposes, the determination of the further need for the property lies with the officials who are authorized by statute to dispose of it. This book is recommended for general reading by the class.

Any one of the chapter summaries would make good

oral report materials.

There is a table of cases cited,

and the table of contents is an excellent guide to Just what the reader may expect from each chapter.

SECTION VIII LEGAL PROBLEMS OP EMPLOYMENT OF SCHOOL PERSONNEL Allen, Ira M . , The Teacher's Contractual Status as Revealed toy an Analysis of American Court Decisions. Teachers College, Contributions to Education No. 304, 1928. The major purpose of this study was to determine the nature and characteristics of the contractural relationship between boards of education and public school teachers; the conditions, standards, and principles involved in such con­ tractual status; the rights and liabilities of the contract­ ing parties; and the relationship between the teacher’s contractual and professional status. The first part of the work discusses the eligibility of teachers; the selection and appointment of teachers; contracts of employment; removal and dismissal of teachers; and compensation of the teacher. The second part gives a classification of guiding legal principles and makes comparison of certain legal and professional standards and trends. The MSeventy-one Guiding Legal Principles” are very fine and worth time to study them.

They cover in brief

summary statements the most important phases of the teachers contractual status.

These alone would make a

61 good report.

The entire study is recommended for outside

reading. Anderson, E. W., The Teacher1s Contract and other Legal Phases of Teacher Status. Teachers College, Contribu­ tions to Education No. 246, 1927. This study undertakes four things:

First, to dis­

cover the local legal restrictions and regulations affect­ ing teachers.

Second, to survey the field of state control

of teachers, including statutory powers of state boards of education over local stiuations, state laws affecting teacher status, and court interpretations of attempted powers of local boards.

The legislative phase is treated

both in cross section and in trends.

Third, to determine

the legal and practical limits of board control over teachers through contractual stipulations.

Fourth, to set

up the optimum legal board-teacher relationship in the local situation. The study is based on a survey of 515 local teacher contract forms, elthty-six printed and mimeographed rules and regulations, legal statutes, state constitutions, court decisions, and trends in legislation pertaining to this subject. The author analyzes teacher contract forms and dis­ cusses rules and regulations of local boards of education

at length.

Chapters are also devoted to a discussion of the

power of state educational agencies over the status of the teacher as shown by statutes; statutory provisions; consti­ tutional provisions relating to the status of the teacher; extension of board power through contractual provisions; trends in legislation relating to the teacher’s status; and optimum legal status of the teacher. The final chapter of the study is a summary of the previous chapters and points up the following: 1. A study of phases of the legal status of the teacher shows that this status differs greatly not only from state to state, but often from community to community within the state, depending upon the statutes, the powers of the state authorities, and the power exercised by the local board of education. 2. Contracts of small school systems are a little more apt to contain stipulations that the board may dismiss upon specified notice, or upon marriage of women teachers, than are those of larger school systems. 3. Formal printed rules and regulations are not used at all in from one-fifth to one-half of the schools. 4. In twenty-three states the law specifies Items that must go Into the contract form. Specific duties of the teacher are listed in twenty-eight statutes. 3. The powers of the state boards of education and state superintendents vary widely in relation to the status of the teacher. 6. Few constitutional provisions occur affecting the status of the teacher. These are of the type forbid­ ding discrimination on account of religious or political beliefs, or such as require that the teacher be a citizen.

63 7. In the main the right of the loeal board to extend its powers through contractual provision depends on whether the powers delegated to it by the legislature are general or specific. If the powers are specific and clearly stated, the boards are held not to be able to extend them by contract. If they are general, then these powers usually may be reason­ ably extended through the contract. 8. Over the last twenty years the statutes passed show that the legislatures are gradually passing more statewide laws affecting the local status of the teacher, and that there is a decided tendency toward centralization of control. The study also has an appendix, a very complete bibliography, and numerous reference notes.

It is recom­

mended for general reading by a class, and the summary in chapter nine could be used as an oral report. Lentz, A. E., "Restrictions on Teachers," Sierra Educational N e w s . 32:15* April, 1936. The article deals with the rights of public school teachers to engage in activities which bring him Into competition with merchants and owners of other enter­ prises in the community. To clarify the legal aspects of the question involved and to assist teachers and administrators in correcting situations which are not in accord with the law, the author offers four points involving complaints. First, and most frequent, the case of music teachers and physical education teachers taking advantage of their

64 Position to sell supplies.

The author states that inter­

pretation of the School Code section 6.230 by the attorney general has ruled that- music teachers cannot purchase music supplies, including instruments, and retail them to his pupils in the school, and it is immaterial whether or ?

not the teacher makes a profit of any transaction.

While

the opinion is confined to one specific case, the princi­ ples set forth therein make it quite evident that no public school teacher can sell any supplies of any kind to any of his pupils in the public schools. Other violations of this section of the code may be incurred in cases where administrators or teachers act as agents for publishers or manufacturers. Still other complaints are made that music teachers give lessons after school hours.

In these cases there is

no provision of law which indicates that a teacher may not engage in any lawful activity he may wish after school hours.

However, it is the opinion of the author that a

public school teacher who gives instruction during or after school hours to his public school pupils for compensation commits an act which is against public policy and there­ fore not permissible. A fourth type of complaint is that arising from the use of a public schoolhouse by a teacher engaged in giving

private instruction.

This is unlawful under section 31 of

Article IV of the Constitution, which prohibits the giving or lending of the credit of a school district or the making of a gift of any valuable thing to any individual, muni­ cipal or other corporation. The article would be good for a brief oral report or assigned reading although it is not very broad or inclusive.

SECTION IX PROBLEMS OF TEACHER TENURE LEGISLATION Hodgon, Daniel R., ”Teaehers:

The Interpretation of

Tenure Status,” 10th Yearbook of School Law. 1942, pp. 3149. Courts are called upon to define the purpose of teacher tenure legislation.

This article quotes some of the

more important decisions to show how courts have interpreted the aims of tenure statutes. Among the more important Interpretations are the following: 1. To provide security and continuous employment for the teacher. 2. To give teachers continuous service from year to year unless removed because of disability, inefficiency, insubordination or moral turpitude. 5. To protect competent and qualified teachers. 4.

To provide security of position to teachers and

to benefit the public. The article is good and deals with tenure problems as connected with certification, appointment, probationary service, compensation, transfer of teachers, leave of absence, dismissal, abolition of position and abandonment of position.

It is recommended for assigned reading.

68

the class discussion of this section if given as an oral report.

It should be required reading if not used as a

report. Stone, Seymour I., A Study of the California Teacher Tenure Law, University of Southern California, 193^. (Id. D.

’3 4 ’-S8T9) The problem of this study was to discover and to

evaluate the effects of the interpretation, administration, and operation of teacher tenure legislation in the State of California.

In the Investigation detailed consideration was

given to the following questions: 1. How have the courts construed the teacher tenure legislation? 2. What administrative problems are Involved in the dismissal, of unsatisfactory teachers under the tenure law? 3. What provisions have been made to devise efficient means for the selection of teachers? 4. What have been the effects of tenure legislation upon the teachers in service? 5. What has been the reaction of the articulate lay public to tenure legislation?

6 . How may the major problems caused by tenure legis­ lation be met? Having stated the problem and the purpose of the study the author goes on to develop the background of the problem. Briefly the case for tenure may be summed up in the

69 statement that tenure releases the energies of teacher for better service for children relieving them of anxiety con­ cerning reemployment, that it enables teachers to plan con­ structive long-time policies, that it improves the teaching personnel by attracting capable young people to the profes­ sion and by impelling governing boards to employ a better quality of teachers.

The case against tenure may be recapitu­

lated in the statement that tenure tends to cause the reten­ tion of incompetent teachers, that it tends to make super­ vision difficult, that the profession tends to become loaded with inefficient and unprogressive teachers, and that it does not accomplish the purposes for which it was intended. In the third chapter the author develops the legal aspects of the California tenure legislation.

The first

step, he states, was taken when certificated employees were by law continued in their positions unless dismissed before June tenth each year.

The first tenure act was passed in

1921 and provided for permanency of all certificated employ­ ees who successfully taught for two consecutive years in a district employing at least eight teachers? under the super­ vision of a principal who devoted at least two hours per day to supervision.

In 1927 the act was amended by disqualifying

supervisors and administrators from the benefits of perma-? nency, and by making the act state-wide in its operation, and the probationary time was made optional at two or three years.

TO

In 1931 the act was again amended by providing mandatory permanency in districts having 850 A.D.A.

To be eligible to

permanency, the certificated employee must have been elected for the fourth consecutive year in a given district. The courts have ruled that tenure rights cannot be waived, avoided, or evaded.

Governing boards and administra­

tors seem to find it extremely difficult to substantiate charges of incompetency before the trial courts. In Chapter IV, Procedure in Dismissals, it is shown on the basis of evidence obtained from forty-one district attorneys that the principal difficulty encountered in the prosecution of tenure cases dismissals is the lack of ade­ quate records kept by school authorities.

Second and third

in importance are failure to give due legal notice, and failure to present evidence that can be corroborated. The fifth chapter discusses procedures in teacher selection.

It has been shown that the wise selection of

teachers is a vital factor in the problem of tenure legis­ lation enforcement.

In California, it has been found that

there is no uniform method of selection, but that the greatest emphasis is placed upon the interview.

The manifold criteria

used by the cities of San Francisco, Los Angeles, and Pasadena have been discussed in detail with particular reference to written and oral examinations given. The author states in chapter six that the evidence

71 presented Indicated that tenure was not as much a factor in attracting teachers to California as many other motives such as desire to live in the state, better living conditions, higher salary, and the cultural advantages obtainable.

The

data examined indicated that the act tends to impel the selection of a higher quality of teacher, and that it does protect teachers from personal and group pressures.

The

total effect of the act is to stabilize the profession. The author’s discussion of the lay public and the tenure law in chapter seven shows that a large number of district attorneys criticized the legal and educational aspects of the present law.

The disclosure was made that

the majority of governing boards was overwhelmingly against the present act. In the eighth chapter the author recapitulates the important items from the previous chapters.

This chapter

alone would make a good class report. The final chapter on conclusions and recommendations lists points in favor of tenure legislation and against such legislation.

It also makes some pertinent recommendations

for change in the tenure laws.

This chapter would also make

a good oral report to the class. The entire study is recommended for reading with the main effort directed at the summary, conclusions, and recommendations found In the last two chapters.

SECTION X LEGAL PHASES OP DISMISSAL OF SCHOOL EMPLOYEES “Can the Board of Education Delegate to a Committee the Dismissal of Teachers?”

Editorial comment, Elementary

School Journal, 36:645-46, May 1936. Prank P. Graves, state commissioner of education of New York, held that a recently attempted dismissal was illegal because the principal had not been tried by the entire school board or by a majority thereof. The rule is well established that, where the law vests the exercise of judgment and discretion in a board of education or other officers of a school dist­ rict, that exercise of such cannot be delegated to any other person or body whatsoever. Clearly, the dismissal of a teacher is a matter involving the exercise of judgment and discretion on the part of a board of education. It is a function which the board must exercise in its corporate capacity. The above quotes give the essential points of this editorial comment; therefore, it should be unnecessary to read it In Its entirely unless the student so desires. Many states have enacted statutes prescribing method of dismissal and in all Instances it is a matter for the board in regular meeting and cannot be delegated.

73 Rosenfield, Harry N., "Teachers Certification, Appointment and Dismissal; the Contract of Employment," 10th Yearbook of School Law, 1942, pp. 16-31. (R379.14-Y39) This article surveys, in addition to the certifica­ tion and appointment of teachers, the status of that vast army of teachers in the United States who lack the protection of tenure laws guaranteeing them security during good and efficient service.

While some of the cases cited concern

problems unique to given areas, either because of local statutes or peculiar administrative practices, others have a national significance. Perhaps to a greater degree than others, but in no less a sense characteristic of them all, a Texas case, where­ in a local teachers 1 association attempted to establish a contractual "tenure plan," shows the need for teacher secur­ ity if our school system is to continue on a sound basis. Most of the certification cases discussed in the article are for New York City.

There are some interesting

cases on teacher contracts and compensation that point out what can and cannot be held as valid in contracts.

This

section would make a good oral report. It would seem from the discussion that in most tenure cases dismissal may be made "for cause." The article is recommended for outside reading for the entire class.

SECTION XI LEGAL PHASES OP RETIREMENT ACTS "Current Issues in Teacher Retirement,” N. E. A. Research Bulletin, Vol. 8 , No. 5> November 1930.

(370 .6-N27r-v8) This study first outlines the general nature of a retirement system and how it works, then goes on to list fifteen fundamental principles of a teacher retirement sys­ tem, which, in general, are as true today as they were in

1930 at the time this study was m a d e . These fifteen fundamental principles are summed up as follows: 1. Membership should be compulsory for teachers entering the service after the enactment of the retire­ ment law.l optional for teachers already in service. 2. Retirement ages and rules should be defined and administered so as to retain teachers during efficient service and provide for their retirement when old age or disability makes satisfactory service no longer pos­ sible. The retirement allowance should be sufficient to enable the retiring teacher to live in reasonable comfort, thereby removing the temptation to remain in the classroom beyond the period of efficient service.

3 . The sums deposited by the teachers and by the public during the period of service should be approxi­ mately equal. 4. The deposit by the teacher and the payment by the public should be stated by the organic act creating a retirement system, subject to adjustment in accordance with future actuarial Investigation.

75 5. The teacher’s contributions and the state’s pay­ ments to the retirement fund should be made regularly and concurrently during the teacher’s period of service.

6 . The retirement board should open an account with each individual teacher. Sums deposited in that account by the teacher should be held in trust for that teacher. 7. An adequate and aetuarially .sound reserve fund should be created to guarantee that the necessary money to pay the benefits promised will be on hand at the time of retirement.

8 . Periodic actuarial investigations should be made of every retirement system to insure its financial soundness. 9. A retirement allowance should be provided for disabled teachers after a reasonable period of service. 10. Teachers leaving the service before the regular retirement age should retain rights to all moneys accumulated in their accounts. Teachers’ accumulated deposits should be returnable upon withdrawal from teaching service, or death prior to retirement. 11. The teacher should have the opportunity to elect the manner in whieh he will receive the benefits repre­ sented by the accumulated value of his deposits and the state’s payments. 12. Upon the adoption of a retirement plan, teachers should be given credit for their service prior to the establishment of the system. Funds for this purpose should be provided by the public. 13. The public should guarantee active teachers all the benefits which they had a reasonable right to expect under the old system. It should guarantee teachers retired under a previous system the allowance promised at the time of their retirement. 1^..Provisions should be made for cooperative or reciprocal relations between the retirement systems of the different states. 15. The administration of the retirement system should be in the hands of a retirement board whose make-up is

76 carefully prescribed in the retirement law, and which represents both the public and the teachers. The study goes on to discuss state and local retire­ ment systems then in effect.

This section is, of course,

out-dated now and of little value.

Also, the following

section on the present status of teacher retirement legis­ lation is too old to be of use at this time. The final section of the study discusses teacher retirement issues in theory and practice and gives the pro and con for each issue. The fifteen principles outlined above and the dis­ cussion of them would make a very satisfactory oral report \

to the class.

If not used in that way it is recommended as

assigned reading for the entire class.

SECTION XII EIGHTS AND DUTIES OF PUPILS AND PARENTS Chambers, M. M., "New State Laws for Pupils,” Nation’s Schools, 28:62-63, August, 1941. The author points out that the defense crisis has had a tremendous impact upon legislation.

Many provisions have

been made for the establishment of state vocational schools. The defense effort also undoubtedly motivated new statutes in some states looking toward improved health care of all pupils. There has been an extension of free transportation and free textbook facilities at public expense.

In some

Instances these services have been extended to private and parochial schools as well as public schools.

This is par­

ticularly true in the states of Washington and Oregon. Other legislation has centered around health of the pupils and have to do with medical inspection for communi­ cable diseases, X-ray examination for tuburculosis, testing of hearing of all school children to discover whether they have defects sufficient to retard them in their studies. Still other states have enacted legislation designed to broaden the authority of sehool boards to equip their schools with supplies, apparatus, and services deemed essential.

78 Cooke, D. H., “Rights of Pupils and Parents," 5th Yearbook of School Law, 1937* pp. 15-22. This article discusses eighteen cases having to do with transportation of pupils, payment of tuition, suspen­ sion of pupils from school, right of parents to prevent change of textbooks, right of negro pupils to have educa­ tional facilities, and, right of parents to enjoin teachers from wearing sectarian garb in the school. Most of these cases are from states other than Cali­ fornia.

For instance, in Wyoming a limit of ten dollars

per month is placed on the district for purpose of transporta­ tion and maintenance per pupil and the school districts are required to pay tuition of their high-school pupils that attend school in another district. In California statute provides that where local boards fail to reach an agreement concerning tuition costs, the county superintendent may prescribe the terms and amount of tuition applying to pupils attending school outside their home districts. This article is of limited interest to students in legal administration of the schools and is not recommended as required reading for the entire class.

79 Keerseeker, W. W., "Eights of Pupils and Parents,M 10th Yearbook of School Law, 19^2. pp. 1-16, Court decisions which affect the rights of pupils and parents with respect to education are often of deep personal concern, and usually cover a wide range of interest.

The

cases reported in this article have to do with individual rights in matters of religious liberty, use of public funds in aid of children attending private or sectarian schools, race separation, equality in education, compulsory flag salute, tuition and rights of nonresidents, and school transportation. None of the cases cited were from California but a few of the more important dicisions follow: In Mississippi a case upheld the furnishing of free textbooks to sectarian schools. An Oklahoma case of 1939 ruled that public school busses could not be used to transport parochial school children. In a Kansas case the supreme court of the state gave judgment In behalf of a certain negro pupil who claimed that he was being discriminated against on account of color. This permitted him to attend a Junior High School with white children. Some of these cases are interesting and might point

80 out a trend, however the article is not recommended for required reading by the class.

SECTION XIII THE ACQUISITION AND USE OF SCHOOL PROPERTY, THE CONTRACTOR'S BOND, AND RELATED PROBLEMS Edwards, Newton, "Public School Property," 10th Yearbook of School Law, 1942, pp. 65-69 . This article is narrow in scope having to do with the state of Arizona only.

However, the following quote is of

general interest. School districts are created by the state for the sole purpose of promoting the education of the youth of the state. All their powers are given them and all the property which they own is held by them in trust for the same purpose, and any contract of any nature which they may enter into, which shows on its face that it is not meant for the educational advancement of the youth of the district but for some other purpose, no matter how worthy in its nature, is ultra vires and void. The article is not recommended as required reading. Henzlik, F. E., Rights and Liabilities of Public School Boards Under Capital Outlay Contracts, Teachers College, Contributions to Education No. 153> 1924. This study is reviewed under section eight of this project, but would be good report material for this section. Punke, Harold H ., The Courts and Public School Prop­ erty, University of Chicago Press, 1936.

(379.l473-P984c)

82

This book has been reviewed in its entirety in sec­ tion eight of this project.

It should be pointed out that

much of it is applicable under this section also, and that it would be an excellent book for required reading in connection with either section eight or section fourteen. Rosenfield, H. N., "Use of Schools for Meetings on Controversial Subjects," Nation's Schools, 37:53-54, March, 1946. Many times a controversy arises concerning the use of the public school buildings for meetings on controversial subjects.

In such cases the question always arises as to

whether a general statute entrusting to the school board the general care and management of schoolhouses is sufficient to authorize such nonsehool uses. The author cites a recent case in California wherein an association applied to the San Francisco board of educa­ tion for use of a school auditorium to present Gerald L. K. Smith as principal speaker on a program devoted to discussing a proposed state constitutional amendment known as the “California Full Employment and Pension System."

The board

denied the application on the basis of Information that wherever Smith spoke there had been picket lines and noisy and boisterous demonstrations. The California court sustained the board because

83 there was substantial evidence to support its determination that the proposed meeting would greatly interfere with the conduct of classes. Other cases are cited, but in some the court has ruled in favor of the group desiring use of school facili­ ties, so, this article gives no clear cut rule by which to abide. Interesting but not recommended as assigned reading.

SECTION XIV THE ADMINISTRATION OF SCHOOL MONEY Linn, Henry H ., Safeguarding School Funds, Teachers College, Contributions to Education No. 3&7 j 1929The author states four main purposes of the study. These are (l) to determine reasons why school funds are being lost and misused,

(2) to point out what are the funda­

mental safeguards that should be set up to protect the school funds against loss and misuse,

(3) to point out the

weaknesses of safeguards used at present, and (4) to offer suggestions to remedy the weaknesses. The author discusses the problem of safeguarding school funds and various causes of school fund losses.

He

goes into detail on the use of surety bonds as safeguards for school funds and devotes a chapter to additional finan­ cial safeguards which might be considered. The last chapter on conclusions and recommendations has excellent summary statements and makes a number of quite pertinent recommendations. Even though the study is old it is recommended as outside reading for the class and the final chapter could be used for an excellent oral report to the class provided it is not required reading.

85 Richards, John A . , Federal Aid to the States for Capital Outlays, University of Southern California, 1940. (Ph.D.Id.'^O'-RSlS) This study is an attempt to supply needed research in the field of Federal aid. purposes:

The author states four main

(1) To analyze critically the part taken by the

federal government in providing aid for public school build­ ing construction; (2 ) to make an analysis of all state expenditures for school building in the United States; (3) to discuss factors affecting ability to raise funds for capital outlay expenditures; and (4) to develop a plan which will enable the federal government to apportion funds so as to equalize among the states the burden for capital outlay and set forth a minimum desirable housing expenditure. In the summary the author reviews the historical evolution of federal aid, land grants, etc., and discusses federal aid for school building projects.

He makes a com­

parison between the states on school building expenditures in relation to the average daily attendance.

The factors

affecting ability to provide capital outlay programs and the relation of state ability to capital outlay expenditures is discussed.

The results show that little relationship

exists between effort and ability. The author develops a plan for providing federal aid

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for capital outlay programs and recommends that work be continued along the lines of the Model Tax Plan and other indexes of state tax paying ability in order that the federal government may make grants for capital outlay pro­ grams where needed. The study is worthwhile for assigned outside reading but is not recommended as an oral report to the class. Soper, Wayne, W., Legal Limitations on Rights and Powers of School Boards with Respect to Taxation, Teachers College, Contributions to Education, Ho. 3^9* 1929. The author states his problem as threefold (1) to discover standards and rules which are reeognized and applied by judicial tribunals, from eases which have come before the courts, regarding the raising of funds for public school purposes,

(2) to point out the conditions under which

such standards and rules will be applied In litigation, and (3) to reveal to boards of education their powers and lia­ bilities with respect to taxation for the support of educa­ tion. The second chapter discusses the nature and source of the taxing power of the school district and summarizes the entire in seven concise statements. In the third chapter the author deals with persons and the property that may be taxed and the place of taxation.

87 In this chapter the following summary statements are good: Real property is taxable in the district where located, except where lying in one body and owned by one person but in more than one district, it may be taxable in the district of ther owner’s.residence or where the mansion house is located. Property of a nonresident is taxable as follows: a. real property where it is situated? b. personal property that has acquired a permanent situs, where it Is situated? and c. personal property, not of permanent situs, at the place of the owner's domicile. Property temporarily in the district or in transit through the district Is not taxable until it acquires a situs therein. Remoteness from the school center in a school dist­ rict Is immaterial to the equalization of the tax burden on property. Property transferred from one district to another is taxable In the one where located when the tax was levied and assessed. The fourth chapter deals with persons and property exempt from taxation.

There are fifteen summary statements,

but the fourth, which follows, Is of most importance and Interest. Property is generally exempt for the following reasons: a. Owned by an individual or Institution which is exempt. b. Used for purposes entitling it to exemption under the statutes, or c. both ownership and use, i.e. public schools, religious societies, charitable and benevolent institutions (not fraternal orders), hospitals, asylums, libraries, cemeteries.

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The fifth, sixth, and seventh chapters develop the principles pertaining to the levy and assessment of school district taxes, the payment and collection of the tax, and the rights and remedies of taxpayers.

Each chapter has an

excellent summary written in concise numbered statements. The final chapter gives a fine four and a half page summary statement which in itself would make an excellent report to the class. The entire study is recommended for assigned reading for the whole class.

U N IV E R S IT Y O F S O U T H E R N C A L IF O R N IA L IB R A R Y