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The school law of Michigan/Constitutional Provisions

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The school law of Michigan (1895)
by Jason Elmer Hammond
Chapter I: Constitutional Provisions
2629704The school law of Michigan — Chapter I: Constitutional ProvisionsJason Elmer Hammond


CHAPTER I.

CONSTITUTIONAL PROVISIONS.

(From Constitution of Michigan.)

ARTICLE VIII.

There shall be elected at each biennial election, a Superintendent SUPERINTENDENT OF PUBLIC INSTRUCTION. of Public Instruction for the term of two two years. He shall keep his office at the seat of government, and shall perform such duties as shall be prescribed by law.

His term of office shall commence on the first day of January, TERM OF OFFICE. one thousand eight hundred and fifty-three, and of every second year thereafter. Whenever a vacancy shall occur in the office, the Governor shall fill the same by appointment, by and with the advice and consent of the senate, if in session.


ARTICLE XIII.

GENERAL SUPERVISION.The Superintendent of Public Instruction shall have the general supervision of educational affairs.
The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes, and the proceeds of all lands or other property given by individuals, or appropriated by the state for like purposes,PRIMARY SCHOOL FUND. shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant, or appropriation.

All lands, the titles to which shall fail from a defect of heirs, shall escheat to the state; and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of primary schools.

PRIMARY SCHOOL SYSTEM. The legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three[1] months in each year, in every school district in the state; and all instruction in said schools shall be conducted in the English language.

NUMBER MONTHS OF SCHOOL. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to maintain such school shall be deprived for the ensuing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools.

UNIVERSITY REGENTS. There shall be elected in the year eighteen hundred and sixty-three, at the time of the election of a justice of the supreme court, eight regents of the university, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a justice of the supreme court thereafter, there shall be elected two regents, whose term of office shall be eight years. When a vacancy shall occur in the office of regent, it shall be filled by appointment of the Governor. The regents thus elected shall constitute the Board of Regents of the University of Michigan, and these regents and their successors in office, shall continue to constitute the body corporate known by the name and title of “The Regents of the University of Michigan.”

SUPERVISION OF UNIVERSITY. The regents of the university shall, at their first annual meeting or as soon thereafter as may be, elect a president of the university, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the regents, and be the principal executive officer of the university. The Board of Regents shall have the general supervision of the university, and the direction and control of all expenditures from the university interest fund.

STATE BOARD OF EDUCATION. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of a State Board of Education, one for two years, one for four years, and one for six years; and at each succeeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The Superintendent of Public Instruction shall be ex officio a member and secretary of such board. The board shall have the general supervision of the state normal school, and their duties shall be prescribed by law.

STATE INSTITUTIONS. Institutions for the benefit of those inhabitants who are deaf, dumb, blind, or insane, shall always be fostered and supported.

AGRICULTURAL SCHOOL. The legislature shall encourage the promotion of intellectual, scientific, and agricultural improvement, and shall, as soon as practicable, provide for the establishment of an agricultural school. The legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the university for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the regents of the university.

SCHOOL LIBRARIES. The legislature shall also provide for the establishment of at least one library in each township and city; and all fines assessed and collected in the several counties and townships for any breach of the penal laws, shall be exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township, or the board of education of any city: Provided, That in no case shall such fines be used for any other than library or school purposes.

ARTICLE XIV.

SCHOOL TAXES. All specific state taxes, except those received from the mining companies of the Upper Peninsula, shall be applied to paying the interest upon the primary school, university, and other educational funds, and of the interest and principal of the state debt in the order herein recited, until the extinguishment of the state debt other than the amount due to educational funds, when such specific taxes shall be added to and constitute a part of the Primary School Interest Fund.



  1. Act No. 15 of 1895 increases the minimum length of school year to five months.