Qualification of teachers. 276. The qualifications of teachers for said evening schools shall be the same as those for the teachers of the public schools of the Commonwealth, as already made and provided, or as may hereafter be made and provided by law.3 Expenses. 277. The expenses for the support and maintenance of said evening schools shall be defrayed out of the taxes raised for the support of the common schools: Provided, That said school board may, in making their estimates for the school year, allow and set aside a certain sum for the support and maintenance of said evening schools, and levy and collect their tax rate accordingly.4 Evening high schools may be established. 278. The board of school directors or school controllers of any school district may, where necessary, establish an evening high school, and the board of school directors or school controllers of two or more contiguous school districts may unite for the establishment and support of an evening high school; the curriculum of which shall be drawn up and arranged by the several school boards, in joint session met and assembled, according to their best judgment and the necessities of their respective districts. 5 Admittance. 279. No pupil shall be admitted to said evening schools, who is unemployed during the day, or in actual attendance upon any school during the day, public or private. Proceedure on refusal to establish evening schools. 280. Should any board of school directors, or controllers, neglect or refuse to carry out the provisions of this act, the petitioners aforesaid may present their petition to the court of common pleas of the proper county, setting forth, that applica 3. Act May 22, 1883, Sec. 3, P. L. 37. tion had been made to the proper board of school directors or controllers as aforesaid, and that said board had neglected or refused to carry out the provisions of this act; whereupon such court shall, after due proof of the notice of the presentation of such petition having been served upon the president and secretary of such board, proceed to hear and determine as to the necessities and propriety of the establishment of such school or schools, and in its discretion order the board of school directors or controllers, to open and maintain such school or schools, with power to enforce such order by attachment or mandamus, at the discretion of the court.7 When to take effect. 281. The provisions of this act shall not go in force until the beginning of the regular school year, Anno Domini, one thousand eight hundred and eighty-three: Provided, That the provisions of this act shall not apply to any part or section of the state, where special provision exists for night school. 8 Additional teachers. 282. As the average daily attendance increases, additional teachers may be engaged and retained at the discretion of the school directors or controllers aforesaid.9 Petition for schools. 283. Rice J. says: "The act of May 22, 1883, P. L. 37, relating to free evening schools provides that if any board of school directors or controllers shall neglect or refuse to carry out the provisions of the act, the court, upon petition, and after due proof of notice, shall proceed to hear and determine as to the necessities and propriety of the establishment of such school, and in its discretion may order the board of directors to open and maintain same. The power of the court is to be exercised only in clear cases, where the directors have wilfully neglected or refused to perform their duties. "The petition which is at the foundation of these proceedings was not served on the secretary of the board until December, 1891. Passing the objections to the manner in which it was signed and served, we think there were substantial reasons for not granting the prayer of the petitioner. The board of directors had resolved, at the beginn ing of the school year, to have eight months of school, had levied a thirteen mill tax, and had employed the teachers and fixed their salaries. The tax was barely sufficient to pay the expenses incurred on that basis, and the directors had no power to lay an additional tax, even if they had gone to the full limit of their power in their first levy. School directors are not required to make bricks without straw, and at the time the petition was presented to them it was practically impossible for them to open a night school for a term of not less than four months, as the law provides, without closing the day schools for a nearly equal length of time, and perhaps, breaking their contract with the teachers employed for those schools. We do not think the legislature contemplated the compulsory establishment of a night school under such circumstances especially where the number of pupils who attend it is barely sufficient to warrant the opening of such a school under any circumstances. "Under the facts proved we do not think the directors were in fault, but even if they were, it is now too late to establish a school for the current year, and the court would not be authorized to order one for the ensuing year when it is not certain that the conditions will be such as to require it. The time for the new board to organize and to levy taxes for the ensuing year is at hand, and we have no doubt, that, if a proper petition is presented to them in due time, they will make arrangements to comply with the law." IO. Denison School District, 6 Kulp 457, 1892. Night schools for manual training of children. 284. Whenever the school directors or controllers of any city of the Commonwealth shall be requested by fifty or more taxpayers, they shall establish and equip sufficient night schools for the manual training of children above the age of twelve years, and shall keep the same open as many months in the year as day schools are kept open in such city. The court of common pleas of the proper county shall have jurisdiction to enforce this act by mandamus: Provided, That when the average attendance shall fall below fifteen nightly, the board may at their option, close the school for the remainder of the term." II. Act May 11, 1901, Sec. 1, P. L. 176. SCHOOL DIRECTORS AND CONTROLLERS TO DIRECT STUDIES AND EXPEL PUPILS FOR MISCONDUCT. 285. Direct studies and select books........ 108 286. Branches required to be taught........... 108 287. Optional as to other branches........ 108 288. 289. Additional branches in cities of the second and third class...... 109 109 293. Duty of school directors, controllers and boards of education.. 110 294. Suspension and expulsion of pupils... 296. Teachers or school boards may expel pupils........... Direct studies and select books. 110 285. School directors and controllers shall direct what branches of learning shall be taught in each school, and what books shall be used.' Branches required to be taught. 286. The branches of orthography, reading, writing, arithmetic, geography, English grammar, United States history, physiology and hygiene, which shall, in each div ision of the subject so pursued, include special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system, shall be included in the branches of study now required by law to be taught in the common schools, and shall be introduced and studied as a regular branch by all pupils in all departments of the public schools of the Commonwealth, and in all educational institutions supported wholly or in part by money from the Commonwealth,3 and kind treatment of birds and animals, and in cities of the first and second class a regular course in physical culture, are peremptorily required to be taught. Optional as to other branches. 5 287. Other branches may be introduced from time to time by the school directors or controllers." I. Act May 8, 1854, Sec. 23, P. L. 621. |