The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-09-05
MUST HAVE CERTIFICATES
Attorney General Rules that Teachers Cannot
Lawfully be Permitted to Work on Permit.

Attorney General Rules that Teachers Cannot
Lawfully be Permitted to Work on Permit.
Attorney General Martin has rendered
an option on an important question
which frequently COMES up in school
matters. He rues that school board
has no right to employ teacher in its
schools who does not hold certificate
issued under the Idaho la SIS.
He also states that a county superin-
tendent has no authority to issue "per-
init" to teach to those who do not hold
certificates. This is quite generally the
custom in some parts of the state. If
teacher secures a schoo', and is then un.
able to pass the examination, the super
intendent issues permit to this teacher
to fill her engagement for the one term.
The attorney general says that this
practice is wholly without foundation in
law.
This opinion was rendered in response
to Q request made to Miss French, the
state superintendent, for information
along these lines. The request was from
one of the members of the board of ed
ucation in a town having an independ-
emit district organization. The attorne-
general rules that this fact makes no
difference.
Mr.. Martin, in his opinion, which is
addressed to Miss French, says in part:
1ox,, he
state superintendent nor the county
superintendents have authority to grant
permits for teaching the public schools
Of this state.
County superintendents have no au-
thority to recognize certificates granted
by other states, and the state board Of
education can only recognize certificates
granted by other states, after examina-
ton carrying the same requirements as
those of the laws of Idaho.
lin the letter referred to, find this
question: TO suppose we do employ
thoroughly competent teacher who has
not an Idaho certificate. what is the
penalty3' Aud again, Does not the fact
that we are an independent district have
something to do in the matter?'
"In answer to the first question, as to
what would be the penalty for employ
ing a teacher who holds no certificate,
would call your attention to section s,
page 22s of the session laws of 1901.
Under this section Of the statu es, it
would be the duty Of the county super
intendent of that county. and it would be
the duty of your Office to see that said
duty was performed, to notify the county
treasurer of said action of the trustees of
said district and to withhold from the
said district all the public moneys which
had been apportioned to it.
elm answer to the second question:
The fact that his town is an independ-
ent district does not in any manner af-
feet this question.
"rhere is no reason to suppose, as this
letter assumes, that competent teachers
cannot be found who hold certificates, or
that the teachers in the schools of Idaho
holding FIRST grade certificates earned by
work and secured by examinations, are
not at least as competent as those who
come here from other states aud hold no
certificates, and whose greatest anxiety
seems to be to escape examination.
School trustees in this state might as
well understand that they. must comply
with the laws Of the state in the matter Of
employing teachers who are legally
qualified to teach.
Respectfully submitted,
FRANK MARTIN,
"AttOrnev General -