The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-29


Difficulty May Be Overcome.
According to the opinion of Attorney
ID. j. Reedy, solicitor of the board Of
control read at last nights meeting,
the appropriation of $4,000 made 10
the kindergarten association is ille-
gal. and unless some means can be de-
vised by which the law can be cir
cumvented the extension of the kim
dergarten work so auspciously pro-
jected for this winter must be halted
Solicitor Rcedy says the appropria-
tion is illegal because the law pro-
hibts school funds being expended by
any party outside the school board:
and further that no portion of it could
be paid the kindergarten teachers be-
cause they do not have the prescribed
certificates. The opinion in full fol-
lows
Scranton. Pa. Aug. %, 1882
u. NJ. Davis, Esq, President Scranton
School District.
Dear Sir: Replying to your inquiry as
to the right of the school board to make
an appropriation and draw warrants to
the order of the Kindergarten association
for the aid of the kindergarten schools
conducted by the said association, would
say:
ONLY ONE AUTHORITY.
The only authority for the establish
ment and maintenance of such schools
by the board of school directors or con-
trollers, is that contained in the act of
April II, 1897 +. j., 22 which is as fol-
lows: BE ii enacted, etc, that the
school directors or controllers of the
several school districts of this common
wealth may establish and maintain, out
of the public school treasury free kin
dergartcnS for children between the ages
of three and six years, residing in their
districts"
The constitution of Pennsylvania. ar
ticle y, section l, provides, "The general
assembly shall provide for the mainten-
anCe and support of the public
schools and shall appropriate at
least one million dollars each year for
that purpose"
Article X. section ., provides: mo
money raised for the support of the pub
lie schools of the commonwealth shall
be appropriated to or used for the sup
port of any sectarian schools"
Under section ! aforesaid the legisla-
ture last year appropriated the sum Of
S,6W,OO for the support of the public
schools for the ensuing year and of this
amount at least $4,000 will be given to
the city of Scranton school district
The act of April II. 1885, Il. l.. e., pro-
vidcs, THAT as soon as the schools
shall have closed for the school
year the president Of the board
of controllers or directors shall certify
under oath or affirmation that no teacher
has been employed for or had charge of
any of the schools Of said district, during
the year. who had not a valid certificate (;
g lNs,1l Oh
has had charge of any of the schools of
the district who had not a valid
certificate, the state superintendent shall
draw his warrant upon the state treas
urer for the whole amount which such
district is entitled to receive from the
annual state appropriation"
BOARD MUST APPOINT.
The act of May s. 1854. section %, p. T..
G22, provides THE board of school di-
rectOrs or controllers shall have the ap-
pOintment Of all the teachers in the dis
triCt fix the amount of teachers sal
aries and may dismiss them for
cause"
The act of April ., 1867 p. L. 81. pro-
| vidcs mo teacher shall be employed
| who has not received valid certificate
| from the county superintendent, after
passing an examination in photography,
reading writing, English grammar,
| geography and arithmetic and by the
act Of April 2 1888, also physiology and
| hygiene"
After reading the foregoing acts which
| I have quoted you will observe that all
| teachers must be employed and salaries
| fixed by school board, and that such
teachers employed by the school district
must have certificates as required, and
| as a penalty for failure to comply with
| the same the state appropria ton is cut
off
/ am Of the opinion that all teachers
| employed must he qualified as aforesaid
| and an appropriation contrary to the act
| is Illegal.
! If this reasoning is carried further
| many parallel cases where the money
might be diverted into channels for
hidden by the various acts Of assembly
| will be found.
| Without reference to the practical econ
| omy Of the method at present pursued
am of the opinion that an appropriation
of school funds to any organization moi
| directly under the supervision of the
| board Of controllers, and which may bC
used contrary to the constitution and the
acts of assembly, is Illegal
| The act however. is clear as to the
right of the city of Scranton school dis
trict to establish and maintain kinder
garten schools. as the common schools
Of the district are at present conducted
and to nay for the same moneys RAISED
for public school purposes.
MAY EFFECT COMPROMISE
As suggested by clause i'm the opin
iOnS the Kindergarten association
might turn the management Of tn
schools over to the board of contro
and then by having the availabl
teachers qualify under the rules Of tn
states department Of education. tn
end i'm view might be reached quite a
satisfactory as if the association su
pervised the work. Whether or no
this could he effected will not be know
until the matter has been considcre
by the kindergarten association.
President Davis, of the board of con
troll, said last night after the meetin
that he had not the slightest idea q
what the board would do. He was sat
isfed though, that a majority of tn
members favored a liberal grant TO
kindergarten work and that if som
means are suggested whereby it ca
be made legally there is little or n
question but that the money will b
appropriated. Although no actio
was taken i'm the matter further tina
to receive and file the solicitors repor
the money appropriated for the kinder
garten work will revent to the genera
account of the school district.