Board of Education v. Arnold

Citations

• 112 Ill. 11
• 1 N.E. 163

Syllabus

<p>1. Board of education of Galesburg—power to employ teacher not having certificate of qualification—who may determine qualifications of teachers. The provisions of sections 50 and 52 of the School law, which require every teacher in any of the common schools, at the time of his employment, to have a certificate of qualification to teach, and forbids his being paid anything out of the school fund or other public fund unless he has first obtained such certificate, applies to the board of education of the Galesburg school district, and teachers employed to teach in such district.</p> <p>2. There is nothing in the special act of February 19, 1859, establishing a system of graded schools in the city of Galesburg, which gives the board of education power to examine and determine the qualifications of teachers. This power is not given by implication from the power of exclusive management and control, and the power to appoint teachers. The power to employ teachers is to be limited to qualified teachers.</p> <p>3. Section 80 of the general School law, which provides that in all school districts having a population of not less than two thousand the board of education may examine and employ teachers,.has no application to a school district created by a special act of the legislature.</p>