That the provisions of this act shall not extend to the first school district of Pennsylvania, nor to the counties wherein special laws regulating or relating to county institutes are in force."1 City and borough teachers' institute. 652. That it shall be lawful for the board of school directors or controllers of any city or borough which has elected a superintendent and employs not less than fifty teachers, by resolution at any stated meeting and duly recorded, to authorize the holding of a separate annual teachers' institute for said city or borough, and in all matters pertaining to the holding of institutes shall be in no wise subject to the authority and jurisdiction of the superintendent of the schools of the county in which said city or borough is located.12 City or borough superintendent may call a teachers' institute. 653. When the holding of said separate annual institute shall have been so authorized as aforesaid, the superintendent of the schools of said city or borough shall have power to call a teachers' institute and to draw from the county treasury money for the support of the same in like manner and to the same extent as to the county superintendents of this Commonwealth are now empowered to do.'3 Committee on permanent certificates. 654. The said annual institutes shall have power to elect a committee on permanent certificates in and for said city or borough as county institutes are now empowered to do for their respective counties.14 Time for holding city teachers' institute. 655. City teachers' institute may be held, throughout the school year, on any five days, or any ten half days which the city superintendent of schools may select for this purpose.15 II. Act June 7, 1881, Sec. 2, P. L. 50. 665. Use of text books during vacation.. 666. Change of text books......... 667. Penalty...... 663. Object of teachers meeting with the board. 664. Purchase of text books and supplies.... TEXT BOOKS AND SCHOOL SUPPLIES 656. Series of school books, when and how selected.......... 657. Books for blind children......... 658. Legal requirements to purchase text books.......... 659. Meeting of teachers and directors..... 661. Notice to teachers......... 660. Time of joint meeting....... 662. Notice and meeting of directors..... 672. Restraining purchase of school books................. 671. Penalty for violation of act. Act to be accepted. 668. Change of text books in certain cities....... 669. Price list of books to be furnished and adopted......... 670. Awarding of contracts....... 323 324 324 324 325 674. No pecuniary interest.. 673. Who cannot act as agents for the sale of school books........ 325 326 326 675. Separate accounts....... 326 Series of school books, when and how selected. meet 656. Immediately after the annual election of teachers in each school district of the state, and before the opening of the schools for the ensuing term, there shall be a ing of the directors or controllers and teachers of each district; at which meeting the directors and controllers shall select and decide upon a series of school books, in the dif ferent branches to be taught during the ensuing school year; which books, and no other, shall be used in the schools of the district during said period.' Books for blind children. 657. That the school boards of this Commonwealth are hereby authorized and recommended to provide suitable books and apparatus for the instruction of indigent blind children between the ages of nine and thirteen years, and pay for the same out of the school fund as in the case of seeing children, the cost thereof not to exceed twelve dollars for each person in any one year.2 1. Act May 8, 1854, Sec. 25, P. L. 617. Legal requirements to purchase text books. 658. To make the action of the directors in the selection of books effective and legal, there must be a record of such action, and the statute plainly declares what the record shall contain-the names of the members voting in the affirmative and those voting in the negative—so that it shall appear that a majority of the whole number of directors voted affirmatively, and who so voted as well as those who voted in the negative. This must be done before the books are purchased or introduced into the schools, and before the commencement of the ensuing term, as the act of May 8, 1854, declares that the books shall be selected at a meeting of the directors and teachers before the opening of the schools of the ensuing term, "which books, and no others, shall be used in the schools of the district during said period.” The record of the votes upon the minutes is of substance, and, until this appears, the act of the board in the adoption of text books is of no validity, and the minutes cannot be corrected at a meeting subsequent to the opening of the schools.3 Meeting of teachers. 659. The joint meeting of directors and teachers is mandatory and not merely directory. If no action is taken at the joint meeting of directors and teachers, the directors cannot subsequently at a regular meeting of the board, where no teachers were present or invited to be present, adopt a change of text books.4 Time of holding joint meeting of teachers and directors. 660. The act of May 8, 1854, should not be so strictly construed that the meeting of the directors and teachers must be held without any intervening time after the annual election, though such is a popular meaning, and the definition of lexicographers, of the word "immediately." What we mean is that a meeting upon due notice, in a reasonable time after the election of teachers, and before the 3. Barber vs. Wilhelm, 7 Pa. C. C. 214, 1889. commencement of the ensuing term, would be legal. The teachers may or may not be present at the annual election, and, if not present, could not attend a meeting immediately, of which they had no notice. The law directs a meeting of the directors and teachers, and though the selection and adoption of books to be used in the schools is the province of the directors, yet the teachers are required to be present, or have such notice thereof, that they can attend.5 Notice to teachers. 661: The statute does not expressly declare that the teachers shall be notified of the meeting, but it undoubtedly contemplates notice of some kind, although we do not think it need be in writing. Notice by publication in a newspaper of general circulation, without proof that it was taken by the teachers, would not be sufficient to warrant the directors in proceeding to select the text books." Notice and meeting of directors. 662. Every member of the school board is entitled to know the time of meeting for the contracting of text books. If no notice has been given, any contract which the board might make will be void. The courts holding that the kind and number of the books and the prices to be paid for them are matters requiring deliberation, consultation and judgment and are for the consideration of the whole board." Object of teachers meeting with board. 663. The duties and powers of the teachers at a meeting with the directors for the adoption of text books is purely advisory, hence, if after consulting and advising with them, and receiving their views in writing, the directors adjourn until a later hour in the same day before taking a final and decisive vote, the irregularity is not fatal, there being no evidence of secrecy or fraud.s 5. Barber vs. Wilhelm, 7 Pa. C. C. 214, 1890. Maloney vs. Rogers et al., 6 Kulp 289, 1891. 6. Maloney vs. Rogers, et al., 6 Kulp 289, 1891. 7. Mitchell vs. Kearns, 16 Pa. Superior Ct. 357, 1901. 8. Maloney vs. Rogers, et al., 6 Kulp 289, 1891. Purchase of text books and supplies. 664. School directors or controllers shall purchase text books and other necessary school supplies for use in the public schools of their respective school districts, out of the school fund of the district, and when so procured the necessary books and school supplies shall be furnished free of cost for use in the schools of said district, subject to the orders of the directors or controllers thereof, whose duty it shall be to provide for the return of and for the safe keeping and care of the books which shall be returned at the close of the annual school term in each year or as the board may direct.9 Use of text books during vacation. 665. The board shall allow each child who wishes to attend a pay or select school, any time during vacation, between regular school terms, the use of the books furnished him or her for that purpose: Provided further, That the teacher of said school or schools shall possess a valid certificate issued by a superintendent of public schools: Provided however, That the school directors or controllers shall make such regulations for the care and return of said books as they may deem necessary, and it shall be their duty to see that said books shall be used only when the pay school is held in city, borough or district school house.1o Change of text books. 666. The board of directors of any district, the controllers in cities and boroughs, or any school superintendent, shall not order or direct or make any change in the school books or series of text books used in any school under his or their superintendence, direction or control, more than once in every period of three years; and any laws or parts of laws inconsistent herewith be and the same are hereby repealed." Penalty. 667. Any school director, controller or superintendent, who shall violate the provisions of this act, shall be deemed 9. Act June 7, 1897, Sec. I, P. L. 130, an amendment to Sec. I of Act June 25, 1885, P. L. 173. |