31 Iowa 562 | Iowa | 1871
Lead Opinion
— The decision of these cases turns upon the power of the board of directors of the school district to establish and enforce the rules, especially rule 10, under which the plaintiffs were suspended from the school. The fact of plaintiffs’ disobedience of this rule is not denied: the simple question for us to determine is this: Has the board authority to prescribe, and through the teacher to enforce, the rule in question by the suspension of a pupil who disobeys it from the privileges of the school ?
The board of directors of each school district of the State are empowered to ££ select a person who shall have the general supervision of the schools of their district, subject to the rules and regulations of the board.” Acts 9th General Assembly, ch. 172, § 22.
They are required to aid the teachers in establishing and enforcing rules for the government of the schools (sec. 27); and the sub-director “ shall have power, with the concurrence of the president of the board of directors, to dismiss any pupil from the schools of his sub-district, for gross immorality, or for persistent violation of the regula
From the foregoing references to the statute, it indisputably appears that the defendants in these cases, being the board of directors and superintendent of schools of the district, are clothed with authority to establish all reasonable and proper rules for the government of the schools, and to control the conduct of the pupils attending the same. The power to dismiss from the school pupils who persistently violate such regulations is expressly conferred. Upon these points there can be no question, and we do not understand that plaintiff’s counsel deny that the law is as above stated. But it is insisted that the rule in question is unreasonable, and in its enforcement operates oppressively and unjustly toward the pupils.
2. The point thus presented for our determination is narrowed to the single question: Is the ralq under which plaintiffs were suspended from the school reasonable and proper?
The object of public schools, as established by ou’r laws, is to secure education to the children of the State. The intention of the law is, not that the children shall, at certain-times or on certain days, be simply gathered together, but that, when assembled, they shall be instructed. Their progress in learning is the grand object of the law. It intends that the school shall be so conducted that the children shall acquire the greatest benefits by making the most rapid advances in the acquisition of knowledge and mental discipline.
Any rule of the school, not subversive of the rights of the children or parents, or in conflict with humanity and the precepts of divine law, which tends to advance the object of the law in establishing public schools, must be considered reasonable and proper.
In another view it is required by the best interest of all the pupils of the school.
Irregular attendance of pupils not only retards theii own progress, but interferes with the progress of those pupils who may be regular and prompt. The whole class may be annoyed and hindered by the imperfect recitations of one who has failed to prepare his lessons on account of absence. The class must endure and suffer the blunders,promptings and reproofs of the irregular pupil, all resulting from failure to prepare lessons which should have been
Tardiness, that is, arriving late, is a direct injury to the 'whole school. The confusion of hurrying to seats, gathering together of books, etc., by tardy ones, at a time when all should be at study, cannot fail to greatly impede the progress of those who are regular and prompt in attendance. The rule requiring prompt and regular attendance is demanded for the good of the whole school. While it may be admitted that absence and tardiness are acts committed out of school hours, yet as their effects and consequences operate upon the school — the pupils when assembled for instruction — they are therefore subject to control by rules for the government of the schools. If the effects of acts done out of school-houses reach within the schoolroom during school hours and are detrimental to good order and the best interest of the pupils, it is evident that such acts may be forbidden. Truancy is a fault committed away from school. Can it be pretended that it cannot be reached for correction by the school board and teachers ? A pupil may engage in sports beyond' school that will render him unfit to study during sehool .hours. Cannot these sports be forbidden ? The view that acts, to be within the authority of the school board and teachers for discipline and correction, must be done within school hours, is narrow, and without regard to the spirit of the law and the best interest of our common schools. It is in conflict, too, with authority. See upon this point, Lander v. Seaver, 32 Vt. 114, and Sherman v. Inhabitants of Charlestown, 8 Cush. 160, the doctrine we have above endeavored to sustain is, in these cases, distinctly announced.
The rule in question as we have shown operates directly upon the order of the school — upon the pupils when assembled for instruction. It promotes efficiency to the school, and secures the progress of the pupils in their studies. It is, therefore, a rule for the government of the
3. It is argued that the rule interferes with parental authority, inasmuch as it deprives the parent of his right to the services and society of the child at times when he may require them. The argument has equal force against all schools, for it is obvious that the child cannot both attend school and at the same time be engaged in labor for the parent, or in his society. The services and society of the child during school hours cannot'be at the disposal of the father. If the parent would bestow on his offspring the great benefits of an education, he must forego the little profit of the child’s labor and the pleasure of his constant society. If he would have him make proper advances in school, he must not distract his attention and slacken his interest by interruptions for a day or two in a week, or an hour or so in a day, for the little advantage that may be derived from his labor during such times. Neither has the parent the right to interfere with the order of the school or the progress of other pupils, by sending his own child at times and in a condition that will, as we have seen, prove an annoyance and hindrance to others.
As we all surrender to society some of our natural rights that we may enjoy its great advantages, so must the parent give up the society and service of his child for'the incalculably greater benefit of the education which his offspring will receive from attendance at the public school.
i. Again, it is said that the rules visit upon the child punishment for the parent’s offense. That is, the child is kept from school through the fault of the parent, and is punished for the act of the parent in detaining him. If the good of the children were to be considered only, there would be force in this argument; but it is completely answered by the consideration that the parent’s act is an injury to the whole school. He makes the child, in the
The foregoing views, it is believed, are sustained by the following cases: Sherman v. Inhabitants of Charlestown, 8 Cush. 160 ; Donahoe v. Richards, 88 Me. 379 ; Landes v. Seaver, 32 Vt. 114; Gurney v. Pelkin, 32 Vt. 224; Speller v. Inhabitants of Woburn, 12 Alien, 127.
5. It- is urged as an objection to the rules in question that poor parents who require at certain times of the day, as the morning hours or during the whole of school days, the services of their children to aid in earning them support, will be prohibited sending to the public schools. But this application of the rules is foreign to their spirit, and it cannot be presumed that they will be unjustly and wanton
In the first case the son was detained from school to do some work in preparing “ shrubbery for winter,” and his tardiness resulted from the fact that he had “ two cows to take care of,” and was required “ to do the marketing for the family.” These facts do not indicate a condition in life that requires the labor of a lad either for his own sup port or for that of his parents.
In the other case, the daughter was kept from school to visit with her parents. A family that can afford to visit may well keep their children at school, and if this can only be done by the parents’ depriving themselves of the pleasures of visiting, it is not too great a sacrifice to secure the great benefits of education to their offspring.
The judgments of the district court are reversed, and the causes are remanded for proceedings and judgments in accordance with this opinion.
Reversed.
Concurrence Opinion
— I concur fully in the conclusion reached by the foregoing opinion. I ground my determination chief
Dissenting Opinion
(dissenting) — I am unable to give my assent to the conclusions of the opinions announced in these eases, or to the reasons on which they are founded.
The question involved is one of power. It is, whether the defendants have the power or legal authority to expel the plaintiffs from the public schools for the causes shown. The people of the State have imposed the duty upon the legislature to “provide for the education of all the youths of the State, through a system of common schools.” § 12, art. 9, New Constitution; •§ 15, of same art., and ch. 172, Laws of 1862. The munificent grant made by the general government to the people of the State for the purposes of education has been confided by them to the legislature, upon whom they have imperatively enjoined this duty of providing for the education of all the youths
These school districts are created and belong to that class of- corporations denominated public ox political corporations, created by the legislature and invested with certain powers, and have for their objects the government of the schools of the State. They are the auxiliaries of the State government in that important branch of municipal regulation that pertains to the education of the youths of the State bg public benefaction.
The doctrine is well settled and elementary, that this class of corporations have and can exercise such powers, and such only, as are expressly granted by the legislature, and such incidental ones as are necessary for the purpose of carrying into effect the powers expressly granted, and that these powers are to be strictly and closely construed. 2 Kent’s Com. 299; Clarke v. City of Des Moines, 19 Iowa, 199; Clark, Dodge & Co. v. The City of Davenport,
This class of corporations being the mere creatures of the law, created for particular and specific purposes, deriving all their powers from the law creating them, it is held to be perfectly just and proper that they should be confined strictly within the powers conferred upon them by the legislature, and that they are obliged strictly to show their authority for what it assumes to do. So, also, the acts of the officers and agents of the corporations are construed with equal strictness. They cannot transcend the powers conferred upon the corporation itself, so as to bind the corporation or justify their own acts. See authorities above cited, and see, also, Cochran v. McCleary, 22 Iowa, 75.
In the light of these -well-established rules of law I proceed to examine what power, if any, the legislature has conferred upon these corporations to expel pupils from the public schools. Section 51 of the act before referred to provides that the sub-director “ shall have power, with the concurrence of the president of the board of directors, to dismiss any pupil from the schools of his district, for gross immorality, or for persistent violation of the regulations of the school, and to re-admit them if he deems proper so to do.” In this section is contained the only grant of power possessed by these corporations to dismiss a pupil from the public schools. It designates the officers upon whom the power is conferred, and the causes for which the power may be exercised, and the power can be exercised by no other officer or person and for no other causes than those specified. JExjoressio est unius, exclusio alterius. For two causes then, and for two only, is authority conferred on the sub-director, or, in case of a city or town, upon the board of directors, to dismiss a pupil from the schools, viz.: “ for gross immorality, or for persistent violation of the regulations of the school.” It is not pretended that the pupils, in the cases before us, were expelled for the cause first
“Any pupil who is absent six half days in any consecutive four weeks, and two times tardy shall be counted as once absent, unless detained by sickness or other unavoidable cause, and shall be suspended from the schools until the end of the term, or until re-instated by the superintendent or board.” Acting under this pretended rule the superintendent, one of the appellants, suspended the plaintiffs in these cases.
Now, in the first place, I utterly deny the authority of the board to establish and enforce this so-called rule, becaxise the statute has conferred upon them only the power to establish and enforce “ rules for the government of the schools as such f and this rule is in no respect one for that purpose. It is a rule — to state it mildly — for the regulation of parents and guardians who send pupils to the public schools, and also for the government of the pupils out of and away from school. A school is a congregation of pupils for the purpose of instruction by teachers, and all regulations applying to such pupils in such congregated capacity are properly called rules for the government of the school, but rules which do not apply to them in such congregated capacity, are not, in any correct sense, rules for the government of the school. The rule under consideration says to the parent, “ you must so regulate your affairs that your child shall attend school thus and so, or, if you do not, your child shall be denied the privilege of attending during our sovereign pleasure. This is no more a rule for the government of the school than would be one
Again, if the board has the power to expel a pupil'from the schools for being absent six half-days, they may do so
But it is said that it will not be presumed the board will act improperly or unreasonably in making such rules as they in their discretion may deem proper to adopt. Without conceding this presumption, it is sufficient to say that it affords no argument in support of the exercise of the unauthorized act of a corporation or its officers. The question is not whether the act is reasonable, but whether it is ajuthorized. This question the majority opinion entirely fails to meet, in my judgment. The power to make the rule is assumed, and its propriety only discussed and approved.
To my mind it is beyond question that the defendants are not, by the statute, invested with the power to make and enforce the rule under consideration.
In my opinion, to hold otherwise is in direct conflict with the plain words of the statute, and .establishes a dangerous principle. The power of excluding a pupil from the public schools for any cause which a board of school directors may, in their discretion, deem conducive of the efficiency of the schools, pursued to its legitimate consequences, will enable them to deprive a large portion of the youths of the State of the benefits of a common school education. If school boards may make any rule,
In that case the disturbing element of color was held to be no argument in support of the exercise of the unauthorized act. The doctrine of that case holds that although the admission of colored pupils into the schools may be against public sentiment, and impair the efficiency of the schools, yet the board had no power to deny to the pupil the right to attend the schools for that reason; that the board had no discretion in the premises. So I hold in this case, that the law has/conferred no discretion upon the board of directors, much less upon the superintendent, to deny to pupils their constitutional and statutory-right of attending the public schools in their districts for any cause except those specifically mentioned • in 1 the statute. They are not invested with any discretion to dismiss pupils and deprive them of the’ benefits of the common schools, except for. gross immorality; of. for. a persistent violation of the regulations of the school; and
The cases cited in the majority opinion in support of the power claimed will, upon examination, be found inapplicable to the question in this case. The defendants in these cases derive their authority from the law creating them, and that law is the measure and limit of their powers. To the statute alone are we to look in order to ascertain the powers of these corporations.
When we look there we fail to find any grant of the power claimed by defendants. Nor is it a necessary incident to the powers granted. To uphold the claim of power in these cases erects these school corporations into irresponsible and uncontrollable powers, whose authority is limited only by their notions of propriety, which is contrary to all well-settled rules of construction applicable to corporations. In my opinion the judgment of the court below should be Affirmed.