The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-05-31
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Important School Matters.
The following official correspondence will
explain itself: =
OFFICE OF SUPERINTENDENT OF =
PUBLIe ISsrsucrIoS,
Dss MONIES, Iowa, Nay Ii, 1867. J
To County Snperintendents Of Common Schools
1t has heretofore been generally under
stood, and so ruled by my predecessors. that
there are some ministerial or executive acts
performed by County Superintendents in the
discharge of their official duties oyer which
the Superintendent of Public Instruction has
no Jurisdiction or appeal. Entertaining some
addressed note to the Attorney General, and
have received the following response:
900 0FFIoE OF ATTORNEY GENERAL
DUBUQUE, Iowa, March Is, 1867.
Hon. D. f. Wells, Superintendent Of Public In
struction. Des Moines, Iowa:
Yours of the l1th instant asking my opin-
ion upon the following question is received
wit: Does the School law contemplate
that the Superintendent of Public Instruction
shall have authority TO review any order or
decision of County Superintendent when
there has been no formal trial before the
County Superintendent? For instance, can
the action of County Superintendent 10 re-
voking teachers certificate be appealed
from by the teacher aggrieved2 The law
seems to contemplate that the Superintend-
ent of Public Instruction shall have only APP
pellate Jurisdiction; will such cases as have
indicated be then included ?n
Anstcer. The law authorizes the County
Superintendent to examine teachers, and If
he is satisfied the respective applicants pos
sess good moral character and the essential
qualifications for governing and instructing
children and youth, he shall give them a GER.
tiiicate, etc, also that be may revoke such
certificate for any reasons which would have
justified the Withholding the same when
given. See sections "a, 65 and 90, Of chaps
ter liz, Laws Of the Ninth General Assem-
bly,.
Chapter of an act to provide for appeals,
passed by the Board of Education, Deem
Der "a, 1852 provides that any person ag>
grieved by any decision or order of the Dis
trict Board of Directors. in matter Of law or
fact, may appeal 10 the County Superintend-
ent, etc. The basis OF the appeal is an afi-
davt setting forth the errors complained OF,
in plain and concise manner. The County
Superintendent may hear testimony, and
make such decisions as may be just and equi-
table.
An appeal may be taken from the decision
Of the County Superintendent to the Superin-
tendent of Public Instruction in the manner
provided for appeals from districts as nearly
as applicable.
Chapter 81, Laws Of the Tenth General
Assembly, provides that the Superintendent
of Public Instruction shall be charged with
the general supervision Of all the County Sn-
perintendents and shall determine all cases
appealed rom the decision of the County Su- |
perntendents.
| hold that, under the above provisions,
the right of appeal is clearly inferrable, i'll
not directly given, to any one aggrieved by
the refusal Of the County Superintendent to
give certificate, or by the revelation of
certificate This power should, however, be
very cautiously exercised, and the decision of
the County Superintendent should not be in
terfered with, except in case of clear viola
ton Of duty, or where the act was the clear
result Of passion or prejudice.
Very truly yours,
F. E. BIssKIL
Relying upon the opinion of the Attorney
General and other eminent legal counsel, II
Is deemed proper and necessary TO provide
for the adjudication Of cases Of the class to
which reference has been made. The cases
of this kind most likely to arise are the for
nation of this sub>dstricts from parts of two
or more township, as provided in the latter
part OF section twenty nine--the refusal TO
grant teachers certificates.
To facilitate the investigation of such
cases, as we'll as to establish uniformity of
proceeding, and secure the speedy attainment
Of justice, County Superintendent are au
thorized and directed TO entertain applica
tons to revise or reverse former actions or
orders of the class alluded to.
-
order Of the County Superintendent (other
than decision in the case of an appeal from
the District Board of Directors) may apply
to the County Superintendent for q rehear
ing of the case upon the merits and the
proceedings shall correspond as nearly as
possible to the proceedings in the case of an
appeal from the District Board of Directors.
If any party is aggrieved at the result Of this
judicial investigation, an appeal may be ta>
ken therefrom TO the Superintendent of Pubs
lie Instruction, as provided in section of
ian act to provide for appeals
In all cases of appeal the County Superins
tendent should be careful to make full and
complete record OF the evidence.
This plan of adjudicating these cases has
been adopted, after mature reflection, and IS
believed to be the most simple and satisfac
tory that can be devised under the present
the ground, more speedy and thorough ex>
animation of the facts can be made than if
original evidence we're submitted to the Su-
perintendent of Public Instruction, which
the law does not probably contemplate. Ii
may sometimes happen that the additional
evidence adduced on such an investigation
may determine the County Superintendent to
modify or reverse his decision; or. on the
other hand, it may satisfy the appellant Of
thejustice Of the first decision.
Some cases Of appeal Of the character
ave referred to, which are now on file in
this office, will be returned at once TO the
parties Interested, that they may proceed in
the manner indicated.
1t is gratifying to note the conscientious
faithfulncss manifested by County Superin-
tendents 10 the discharge of their official du-
ties and tits earnestly hoped that contnu>
ance Of the same intelligent zeal will pro-
mote harmony in the practical administra
ton of the law, and diminish the occasions
for taking appeals Yours respectfully,
u. Franklin WELLS,
State Superintendent Of Public Instruction.