The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1880-01-21
TEACHERS LICENSE.
The Superintends Mt of Public Instruction
Decides That Teachers Must Renew
Their License as Soon as
they Expire.

The superintendent of public instruction
Tuesday submitted the following opinion,
in answer to communication in regard TO
teachers license, in case it expires before
school term is ended:
Question-If a teachers license expires after
the date OF commencement OF his school, and
within the term for which he was employed
no y long can he teach without procuring an
other license:
Answer-l. Section "a of the school law
reads in part as follows: "S4id Superintend-
ent shall license said applicant for the term of
years, according to she IA 10 of correct an
swers and other evidences of qualification
given upon said examination
The law thus places a limit upon the time
for which person can be licensed. The
reasons for il are obvious. The Lawmakers
saw that Ih" standard of excellence required
of teachers ought to be, and naturally would
be, continually raised: aud hence that a
teacher we'll qualified at on e period of the de-
subsequent period. They said, also. that
teacherS-and especially those able 10 obtain
stimulus o. a re-eXamluanon, 10 induce
them to take steps for their
selfimprovement. Thus the law OF
lie examination is established and for a very
wise purpose. To permit yong and COM
paratively inexperienced persctS to teach IN
the public schools under a perpetual license
would be fatal TO the interest of education.
,. Section ~ of the Law reads in part as
follows: Trustees shall employ person to
Slate, unless such person shall have a license
10 teach, issued from the proper State or
county authority, aud in full force at the date
OF the employment; and any teacher who
shall commence teaching any such school
without n license shall forfeit all claim to COM
pensation out of the school revenue for
tuition, for the time he or she teaches without
such license
so strictly is the law of REORGANIZATION To
be regarded that trustees are by these pro-
visions prohibited from employing any
teacher who does not hold, at date OF employ
ment. an unexpired license. The applicant
may have received half dozen licenses each
for two years, but If the one last granted eX-
plres ,,t put zone one day even before that
make the contract, , such -S" Contract
can not be legally made. The trustee may
have employed the applicant for a former
the contract is about to be made. and may
know the applicant 10 be well qualified, yet he
can not make legal contract until a new
license is obtained The trustee can not make
a contract upon the condition that the appli-
cant will obtain a license before commencing
the school. The teacher is bound by provis-
ions no less stringent He forfeits all right to
compensation If he begins to teach without
possessing a valid license. The purpose of
these stringent provisions Is obviously to keep
unlicensed, and hence in legal sense, I'M
qualified persons from teaching in the schools
of the State. The fact that persons have at
one period been qualified is no evidence in
the eyes of the law that they are qualified at
subsequent period, and no trustee and no
teacher has & right TO act upon any such
county uperintendent who has licensed
person u times for IL successive
years to act upon such presumption ana
grant thirteenth license without a thorough
examination.
8 Section y further says: And If a teach
ers license shall expire by its own limitation
within term of EN- ploy ment, such limitation
shall not have the effect 70 stop the school, or
stop the teachers pay" This provision should
far as possible, with the spirit OF the law
laid down In paragraphs and of this
answer. The purpose of 1t is not TO afford the
teacher any eXemp tiOn from the general prin-
cIp.es there explained. There is no good rea-
son for such an exemption. The purpose is to
provide means of protecting the school chill
dren from unnecessary interruption in their
school work. 1t was the evident intention of
the trainers of this section that when q teach
er's license expired within Term of service
the school should not be interrupted by such
expiration, but reasonable time should be
allowed TO the teacher TO obtain new license,
aud properly licensed teacher. close
examination of the language OF the law
quoted in this paragraph shows that it gives
Inc Teacher no authority to teach until the
end OF tine term for which he was employed.
4. If IL were held that teacher holding
six months license which expired the day
after the commencement of the term OF
service for which he was employed, could
without obtaining another license teach
during the entire term of such employment,
the general pr nciples of the law of frequent
examinations might easily be violated. For
example, the term OF service Is chiefly within
the discretion of the trustee. 1t may be for an
entire year. possibly longer, and thus by a
convenient selection of the time for procuring
a license and of making a contract, person
might be anle to teach nearly year and a
half on O six months license. Thus the pur-
poses of the law in placing a limit on the
time for which a teacher may be licensed
would be defeated.
s. In view of the foregoing propositions, it
is held that it Is the duty of a teacher whose
license expires during his term of service, to
obtain new one as soon as possible. If the
examinations are held regularly each month,
the period of exemption can not last more
than one month. 1t is also held that on
failure of such teacher to obtain license As
early as possible, it is the duty of the trustee
to secure the services of another teacher and
one who is qualified by the possession of a
suitable license.
j. III. SMART.
Superintendent of Public Instruction.