The Town of Stoughton, at the annual Town election next following the
acceptance of this act by the Town, the voters shall elect, by official ballot,
five members of the School Committee, two of whom shall be chosen for the
term of three years, one for the term of two years, and two for the term of
one year; and annually thereafter they shall elect, for the term of three
years, either one or two members according as the term of one or two members
is about to expire. Upon the election and qualification of the members of
the School Committee, as provided in this section, the terms of office of
members of the then-existing Committee shall cease and determine. (Town Manager
Act, Chapter 400, Acts of 1921)
In case of resignation or removal from Town, a member shall submit such
statement to the Town Clerk. In the event of such vacancy, the remaining members
shall, after written notice to the Selectmen, with them fill such vacancy
with ballot. A majority of the ballots shall elect, and the person elected
shall serve till the next Annual Meeting. (MGL c. 41, § 11)
The School Committee shall serve without compensation and shall be ineligible
to serve as teachers or Superintendent of Schools. (MGL c. 71, § 52)
The Committee shall employ a Superintendent of Schools and fix his compensation;
said Superintendent shall be the executive officer of the Committee and, under
its direction, shall have the care and supervision of public schools, the
keeping of its records and accounts, the making of reports legally required
and shall recommend to the Committee teachers, textbooks and courses of study.
(MGL c. 71, § 59)
The Committee shall elect and contract with teachers, requiring evidence
of moral character, qualifications for teaching and capacity for the government
of schools. (MGL c. 71, § 38)
The Committee shall cause each teacher to take and subscribe to the
oath required by law. Religious belief or political opinions shall not affect
appointment to a teaching position. (MGL c. 71, §§ 30A,[1] 39)
[1]
Editor's Note: MGL c. 71, § 30A, was repealed 1986, 195.
The School Committee may after one school year and shall after three
school years of local consecutive service elect a teacher at its discretion
(commonly called "tenure"). A teacher not serving at discretion (tenure) shall
be notified in writing on or before April 15 whenever such person is not to
be employed for the following school year. (MGL c. 71, § 41)
The Committee, by two-thirds vote of the whole Committee, may dismiss
a teacher on tenure for inefficiency, incapacity, unbecoming conduct, insubordination
or other good cause, provided that said teacher is notified 30 school days
prior to the meeting at which the vote is taken, and at the teacher's request,
he shall have been furnished with written charges, has been given a public
hearing and shall have the Superintendent's recommendation thereon. The Committee
shall have the right, however, to suspend for unbecoming conduct or to dismiss
if decreased enrollment makes it desirable. (MGL c. 71, § 42)
The School Committee shall have the general charge of all the public
schools and schoolhouses, keep them in good order, determine the number of
weeks and hours of sessions and shall continue to maintain a sufficient number
of schoolhouses properly furnished and conveniently situated. Transportation
shall be furnished to pupils living two or more miles from the school for
his district without charge. Flags shall be provided and displayed for each
schoolhouse and each room where opening exercises are held. Opening exercises
shall include reading from the Bible without comment and Pledge of allegiance
to the Flag. (MGL c. 71, §§ 31, 37, 68, 69)
The School Committee shall cause every child between seven and 16 to
attend the public schools in the Town, if he resides there, unless he is in
attendance at an approved private school, and shall provide for and enforce
the attendance of all such children. The Committee shall maintain elementary
schools for 180 days, at least, and high school for 180 days, exclusive of
vacations, and shall provide instruction in orthography, reading, writing,
English language, geography, arithmetic, drawing, American history and civics,
United States and Massachusetts Constitutions, physiology and hygiene (including
the effects of alcohol and narcotics and the prevention of tuberculosis),
good behavior and physical education, as well as such other objects as deemed
expedient. (MGL c. 71, §§ 1, 4; c. 76, § 1)
The Committee shall appoint a Supervisor of Attendance and shall affix
his compensation, assigning the duties under the law, and shall appoint one
or more school physicians and nurses, assigning them to schools, providing
facilities to perform their duties and requiring physical examinations in
all classes. (MGL c. 71, §§ 53, 54; c. 77, § 12)
All appropriated monies shall be expended for legally authorized schools
under the order and superintendence of the School Committee. Annual estimates,
in detail, of the amounts necessary to maintain the School Department shall
be furnished to the Town Accountant 10 days before the end of the Town financial
year. Between December 31 and the next annual appropriations expenditures
may be made, not exceeding any one month's expenditure of the previous year,
nor more than 1/12 of the estimate submitted. (Mass. Const., Art. 46, Sec.
2, and MGL c. 41, § 59; c. 44, § 13)
The Committee shall purchase textbooks and other school supplies, and
shall loan them to pupils free of charge. By a two-thirds vote of the whole
Committee, if notice of change is given at a preceding meeting, textbooks
in use may be changed. (MGL c. 71, §§ 48, 50)
When there are five or more pupils retarded in mental development in
attendance upon its public schools, the School Committee shall establish special
classes for the instruction of the educable and trainable mentally retarded.
The School Committee shall employ a teacher to offer instruction to physically
handicapped children in their homes. The School Committee shall employ a teacher
to offer instruction to children emotionally disturbed. (MGL c. 71, §§ 46,
46A, 46H[1])
[1]
Editor's Note: MGL c. 71, §§ 46, 46A and 46H, were
repealed 1972, 766, § 10.
Without interference with school purposes, the Committee shall allow
the use of school buildings for such educational, recreational, social, civic,
philanthropic and like purposes as it deems for interest of the community.
(MGL c. 71, § 71)
The Superintendent of Schools shall annually make reports to the Commissioner
of Education, on forms supplied by him, covering census of school children,
expenditures for schools and compliance with the laws. The Committee shall
annually make a detailed report of the condition of the schools and shall
forward two copies to the Commissioner before April 30. School returns shall
be sent by July 31. (MGL c. 72, §§ 3, 4)
No teacher's salary shall be reduced without his consent, except by
a general salary revision of all teachers in that salary grade, and no Superintendent's
salary shall be reduced without his consent until one year after the Committee
has voted. (MGL c. 71, § 43)
School Committees may use, therefor, funds disbursed to them under the
provisions of the School Lunch Act, gifts and other funds received from the
sale of lunches under such programs. Such contributions received in the form
of money, together with the fees from the sale of lunches and any allotments
received from the state for this purpose, shall be deposited with the Treasurer
of the Town and held as a separate account and expended by the School Committee
without appropriation. Nothing in this act shall prevent cities or towns from
appropriating funds in addition to those provided from other sources. (MGL
c. 548, § 3, as amended)
The Office of the School Lunch Programs, with the approval of the Commissioner,
shall prescribe regulations for the keeping of accounts and records and the
making of reports by or under the supervision of the School Committee. Such
accounts and records shall at all times be available for inspection and audit
by authorized officials and shall be preserved for such period of time, not
in excess of five years, as the division may lawfully prescribe. (MGL c. 548,
§ 4)
In addition to the payments provided by § 311-3, the State Treasurer shall annually, on or before November 20, pay to any city or town certified by the Commissioner to have paid teachers or special classes in excess to the regular compensation paid to its teachers, out of the proceeds of the taxation on incomes under Chapter 62, or if such proceeds are insufficient from other revenues as may be appropriated therefor, a sum not to exceed $500 for each teacher so paid. (MGL c. 71, § 46E[1])
[1]
Editor's Note: MGL c. 71, § 46E, was repealed 1972, 766,
§ 10. See now MGL c. 19B, § 17.
No person known to be suffering from tuberculosis in a communicable
form, or having evidence thereof, shall be employed or continued in employment
at any school in the commonwealth, in any capacity. Immediately prior to his
employment, and every three years thereafter, each School Superintendent,
Principal, Director, teacher, food handler, janitor, bus driver, nurse, doctor
or other person whose duties bring him in direct contact with children shall
file with the Superintendent, on forms furnished by the Department of Health,
a report relative to his freedom from tuberculosis. (MGL c. 71, § 55B[1])
[1]
Editor's Note: MGL c. 71, § 55B, was repealed 2003, 46,
§ 81.
An Act Relative to Standards of Certification of Certain Teachers in
the Massachusetts Public Schools. (MGL c. 71, § 38G)
