iI I~~~~~~~~~~ T 5 I",;' 1T'4 ij ' i i ~;..? ~ I i )t i:.i r -~. ~r1 1 i. ii i. ~;?'. ir rs28 r i':1 \i ~ ' r ii~ R I,,:.*~ iY i;i..~ s,~.. i. ~, h.. ~,~, til i i r i ~~, _1 ~~; ~ ~ i~~~ -~ i,. r!kj ~i I,?-; L L ~! i;; ii I, i,,'~ I: i ii i,~ s I ~ ~ ii,I r..;:::; ~i i 1 r ~ \ r: r I ~\ OF - ~: ~ 1 i ~~ I; ~~ ~ ~ ~ ~~ r B i? t~: I~ I; r ~ i II i:i- ~~I? ; ~. ' r ~ ~` r i,. ~:: ~ ~ I i: 6 r *' i )Yi. I, '' ~ i~? ~I i~ i i *. ~.- ~ i R I Ir.. ~ A,~.:~: ~ E. r~ /.,; G.COMPILED'Y: OGT0B- i t928-:C,) urd Mud unicipatShAol,jffatiT.:.. i,'.... '. ' j?;,*:.; UNDER THE DIRECTION OF THE DE PARTTME^NT O EDUCATION ~:OCTOB ER, 19!28. -;- \- SAN\ JANP. APiN,, A' r,"' P..:. UrlEATU. Q: }VPPLIES, P;lNTIS0, A1P TBAP^OBT^TtOl.:. 1:, ': " - v.; 1 P 8 " 1 ' '1 1 THE GIFT OF Porto Rieo Dept.of ofBddation I \J,.) & t; At.....,,. —'.. PC)- --, ~, t p ~ ~~ i ar i, - ", L~B "'5 2 5511..'.vgs i,-892edii I THE SCHOOL LAWS OF PORTO RICO COMPILED BY A. ANDINO LOPEZ, Chief, Bureau of Municipal School Affairs. UNDER THE DIRECTION OF THE DEPARTMENT OF EDUCATION OCTOBER, 1928. SAN JUAN, P. R. BUREAU OF SUPPLIES, PRINTING, AND TRANSPORTATION 1928; jj, ' " ` 4, ,' , ' A I ?7 PREFACE This edition of the School Laws of Porto Rico includes the Codified School Law enacted by the Legislative Assembly in 1903, with amendments and additions indicated, together with all subsequent independent school laws and parts of school laws in force at the time of compilation, except such laws or parts of laws as have been expressly repealed or rendered obsolete, and all temporary and local laws not constituting a part of the general and permanent school legislation of the Island. For convenience in reference the laws have been grouped as far as practicable according to the subject matter to which they pertain. They are paragraphed consecutively regardless of the sections of the original school laws, although the original section numbers are retained in all paragraphs forming a part of the Codified School Law of 1903. The rules and regulations of the Department, authorized in section 66 of the original school law are included on the final pages in this volume, immediately following the last paragraph of the laws.. JUT.1N B. IHUYKE, Commissioner of Etducation.. SAN JUAN, P. R., October 1st, 1928. 8 I-P;- 5b7:p g-S 11 2-" THE SCHOOL LAWS OF PORTO RICO AN ACT TO REVISE, AMEND AND CODIFY THE GENERAL LAWS AND REGULATIONS RELATING TO PUBLIC EDUCATION IN PORTO RICO, TO AMEND THE CODES, AND FOR OTHER PURPOSES Be it enacted by the Legislative Assembly of Porto Rico: TITLE OF LAW (1) Section 1.-Tlhis act shall be referred to as the Codified School Law of Porto Rico. NOTE: School Boards, as organized under the Codified School Law of 1903, have been abolished by subsequent legislation and all powers and duties in matters pertaining to the local administration of schools are now vested in the municipal government, as set forth in the following and other provisions of the Municipal Law, approved April 28, 1928, which are embodied for reference in this compilation: (2) Section 7. —That municipalities shall have full legislative and administrative powers in all matters of a municipal nature connected with works, education, charity, order and safety, police, jails, asylums, hospitals, hygiene, the beautifying of the town (ornato), street alignment, opening of parks, building regulations, properties, excises and municipal revenues, public roads, water supply, public lighting, sewers, city transportation, cemeteries, markets, slaughterhouses, meatshops and with all kinds of institutions, services and other activities for the benefit of the municipality in general, and for the development thereof; Provided, That such powers shall be exercised subject to such laws of Porto Rico and of the United States and such ordinances of the Public Service Commission as may be in force and no ordinance or resolution shall be adopted incompatible with said laws;..... GENERAL PROVISIONS (3) Section 2.-The Coimmissioner of Education is hereby authorized and directed to establish and maintain a system of free public schools in Porto Rico for the purpose of providing a liberal education to the children of school age, i. e., between the ages of 1 Municipal Law, approved April 28, 1928. E P Al ITM NT rOF Olil ETCATI0ON five and eighteen years; to establish higher institutions of learning, including colleges, universities, norm al, industrial, mechanical and high schools, together with such other educational agencies as said Commissioner may find necessary and expedient in order to promote tlhe educational developmlent of the Island. In addition to the rural and graded schools which shall constitute the regular common-school system, said Commnissioner is hereby aulthorized and directed to establish, maintain and direct so far as the resources, placed at his conmmnand will permit, such special schools as in his judgment are necessary to meet special educational needs, such as kin.dcrgart'en schools, night schools, agricultural schools, professional and commnercial schools, an(l schools in penal anl(l earitab)le ilnstittions, either unde' private or public management, where the same can be maintained in general 'Ilarmiony wNith the public-school system and in harmony with the general standards; Provided, That the pupils in said special schools may ilceld o(l1e tllah t oe oan f o sch}ool age. The Commissioner of Education, the Assistant Commissioner, the seeretary of the department and the general superintendents of schools shall have power to administer oaths and take sworn testimonies on school matters. (4) (Section 8.2-Tlat lthe powers p hers eby conferred on municipalities shall be exercised by them subject to the following special limitatiors: (1) All public works shall be done and all material and supplies slall 1be purchased oil call for bids when the cost thereof exceelds one tllousand (1,000) dollars in municipalities of C(lass I; six hundred (600) dollars in those of Class II; and three hundred (300) dollars in those of Class II; and when an emergelney exists and the work is of such natulre that it can not be delayed pending public-auction proceedings, the mayor may call a special meeting of the municipal assembly for the purpose, and said assembly shall have power to declare the urgency of the work or the need of tihe material, and to (irect that it be (lone by administrllation. When materials or suipplies are manufactured by only one firm, they may be purlchased directly, without competition, but the ordinance authorizing suclh purchase shall set forth the reason therefor. In case of the purchase of supplies or material Twhich can not be obtaineld in Porto Rico, estimates shall be obtained by the Board of Awards from two or more reputable dealers, and the purchase made from such estimates, as upon bids; Provided, That such purchase shall not be made except by resolution of the Board of Administration hereinafter established. When public call for bids has been made for a public work 2Municipal ITaw, approved Arpril 28, 1928. THE SCHOOL LAWS OF PORTO RICO 7 or the furnishing of supplies and materials, and the bids presented, in the opinion of the Board of Award, are inacceptable as injuring in some way the interests of the municipality, then said board may reject all bids and the municipal assembly may direct the construction of sai(d public work, or the purchase of said supplies, or materials, by administration, upon the best terms possible; and in the case of the preparation of plans, estimates and specifications for municipal works, the municipality may freely contract the services of an engineer or architect or of the Department of the Interior provided the fees to be paid shall not exceed two and one half (21/)) per cent of the amount estimated for the construction of the work; (2) no municipal loan shall be contracted at a, higher rate of interest thani seven per cent net a year; Provided, That in case of five-vear-term loans, or less, not exceeding fifty thousand (50,000) dollars, and the pullllic needs of the mun;iipalities shall so require, municipalities may contract loans with a bank or banking house or private individuals at a rate of interest lot exceeding eight (8) pIer cent a year; (3) no loan shall be authorized unless provision is made for the revenues necessary for the redemption of principal and interest, and said revenues although derived from regular taxes, shall constitute a special or trust fund which shall not be available absolutely for any otlier purpose whatever, except with the approval of the President of the United States, pursuant to the Organic Act of Porto R~ico. Nor' shall any loan be authorized unless the ordinance authorizing the same specifies the work or services to be carried out and the value of each; Provided, That expenses incurred for survey and preparation of plans and estimates of said works shall be reimbursed to the regular funds of the municipality out of the -funds of the loan; (4) the jurisdiction of municipalities is hereby circumscribed to their territorial limits; (5) no municipal property shall be sold, leased, mortgaged, encumbered or otherwise disposed of except at public sale, unless otherwise expressly authorized by this Act, and no such property shall be exchanged except by resolution of two thirds of the entire membership of the Mlnicipal assembly; (6) no municipality shall contract indebtedness the amount of which at the time of the contracting thereof, including all outstanding indebtedness, exceeds the limit fixed by Section 3 of the Organic Act of Porto Rico; (7) in no case shall the inspection expenses of any public work exceed ten per cent of the total cost of said work; (8) the sale of municipal bonds shall be made on public call for bids; (9) no obligations or debts shall be incurred beyond DEPARTMENT OF EDUCATION the amounts appropriated in the budget, with the exception of those cases in which said appropriation may be increased by tranfers from surplus left from other appropriations. CLASSIFICATION (5) Section 14.3-That for the purposes of this Act, municipalities are hereby classified into three classes, to wit: first class, to which shall belong all municipalities whose assessment as revised by the Department of Finance up to December 31, 1927 shall reach or exceed ten million (10,000,000) dollars and whose population is thirty thousand (30,000) inhabitants or over; second class, to which shall belong all municipalities whose assessment shall reach or exceed three million (3,000,000) dollars and shall not reach ten million (10,000,000) dollars, and whose population is over five thousand (5,000) inhabitants or whose regular receipts exceed fifty thousand (50,000) dollars a year with not less than the aforesaid population; and third class, to which shall belong all existing municipalities not comprised in the preceding classes; Provided, That municipalities changing classes by reason of this provision shall not be affected as to the number of members of the municipal assembly until the next general election. This classification shall be modified every four years from and after May 15, 1928, when a new classification shall be made in accordance with the schedule hereinbefore described. SCHOOL DIRECTOR- (APPOINTMENT, REMOVAL, QUALIFICATIONS, POWERS AND DUTIES) (6) Section 28.4-Municipal administrative officers shall be those stated below, and their offices shall be incompatible with the office of member of the municipal assembly or with any other remunerated federal, insular or municipal office: 1. Mayor, 2. School director, 3. Director of public works, 4. Directors of charities, 5. Municipal treasurer, 6. Auditor, 7. Secretary. (7) The municipal assembly shall create no position or administrative office other than those specified herein, but in municipalities of the second and third class offices may be consolidated in the man8 Municipal Law, approved April 28, 1928., Municipal Law, approved April 28, 1928. THIE SCHOOL LAWS OF PORTO RICO 9 ier it may deem conveniente, whenever the Assembly shall so resolve by a two-third vote of the membership of the Assembly, it being understood that in no case shall the offices of treasurer and auditor be consolidated; Provided, That the office of Director of Charities, whether consolidated or not, shall always be filled by a physician. (8) In all municipalities the executive power shall be vested in the mayor who shall have power to appoint the respective officers, with the approval of the municipal assembly. The Mayor may appoint administrative officers when the municipal assembly may not be in session, and said officers shall hold their offices until the municipal assembly may meet and confirm their appointments. (9) A board of administration is hereby created in each municipality to be composed of the respective administrative officers thereof, except the auditor and the secretary. The powers of said board shall be: (a) To hold auctions and make awards. (b) To designate banks for the deposit of all classes of municipal funds, and the transfer of such funds, wholly or partly, from one bank to another. (c) To approve incidental expenses payable out of current or school-fund appropriations. (d) To transfer funds from any current appropriation or school appropriation to any other similar appropriation; Provided, That such transfers shall be made without restriction when they are to be made from funds available from savings in the respective items. In other cases they shall be made under the following limitations: In first-class municipalities, up to $1,000. In second-class municipalities, up to $600. In third-class municipalities, up to $300. All transfers must be made by unanimous vote and on favorable report previously rendered by the municipal auditor. (10) Section 31.5-The school director shall exercise all the functions and powers, and within the respective municipality shall perform all the duties of the former school boards. He shall be or shall have been a public-school teacher, or a person holding a license, diploma or certificate as public-school teacher or high-school or university professor, or a person holding a professional license, high-school diploma, or a bachellors's diploma, or who may have been school director or municipal commissioner of public education. Municipal Law, approved April 28, 1928. DEPARTMENT OF EDUCATION NOTE: Sections 3, 4, 5, 6, 9, 12, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 of the Codified School Law, which provide for the appointment, organization and functioning of the school boards have been rendered obsolete since they have no application whatever under the municipal organization now in force in matters pertaining to the local administration of schools. GE'NERAL POWERS AND DUTIES OF SCHOOL BOARDS (11) Section 7. —School boards shall have charge of all school buildings in their respective districts; they shall have the power to erect, repair, remodel and improve school property, rent buildings for school purposes, provide suitable furniture and equipment for the same, employ janitors for school buildings, repair and keep in order all school buildings in their respective districts, and in general they shall perform such duties as the Commissioner of Education may require in accordance with the School Law. (12) Section 8.7-The school board of each municiiality may hold in its corporate name the title to lands and other property which may be acquired for school purposes in the district and no property so held by the school directors for school purposes shall be subject to taxation. (13) Wherever a school board now holds lands or other property which has been acquired by deed or otherwise for school purposes, the title to such land or other property is hereby ratified and confirmed in so far as the said property has been acquired directly by the school board or by the expenditure of the revenues of said board. (14) Any municipal council so desiring to do is hereby authorized to cede to the school board of its municipality for school purposes the title to lands and other property belonging to the municipality subject to the provisions of section 22 of "An act to establish a system of local government, and for other purposes," approved March 8, 1906, and the provisions of said section with respect to the cession of municipal property to The People of Porto Rico for public purposes, are hereby extended and made applicable to the cession of lands and other property to the school boards for school purposes. NOTE: In the Municipal Law in force at the time of compilation, which is Act No. 53, approved April 28, 1928 the provision quoted in the preceding lparagraph is contained in Section 79. (15) No land or improvements on landed property held by the school boards for school purposes shall be alienated except by 6 As amended March 14, 1907 and March 13, 1913. r As amended March 13, 1907. THi E SCHIOOL LAWS OF PORTO RICO 11 public sale in accordance with an ordinance of the school board duly approved by the Commissioner' of Education. (16) The title to all buildings erected by the Department of Education for school purposes and the land upon which such buildings are situated is hereby transferred to the school boards of the district in which such buildings are located; Provided, That when such buildings cease to be used for school purposes, they shall revert to The People of Porto Rico; And, provided, further, That it is hereby made the duty and obligation of the school boards to maintain said buildings and other property in good repair and that in the event of failure to comply with its obligation, after three months' notice by the Commissioner of Education it shall be the duty of the Commissioner of Education to make all repairs which are absolutely necessary for the preservation of said buildings and property at the expense of the Insular Government, charging the same to the respective school boards; and it shall be the duty of the Treasurer of Porto Rico to retain from any moneys due the said school boards the cost of. such repairs during the fiscal year in which such repairs were made unless the school board shall,, by appropriate ordinance approved by the Commissioner of Education, request that the repayment of such cost be distributed over two fiscal years; Provided, further, That the transfers which The People of Porto Rico may make to the school boards as herein provided shall be inscribed in the registry of property wherever this is to be done, by means of a certificate issued and authorized by the Commissioner of Education and in compliance with the requirements of the Mortgage Law. (17)s The school boards of the respective municipalities of Porto Rico are hereby authorized and empowered to acquire by purchase, or otherwise, lands held by possessory titles in the rural districts of Porto Rico, for the construction thereon of rural-school buildings; Provided, however, That such land is free from all encumbrances and is recorded in the registry of property in the name of the vendor or grantor. All conveyances hereby authorized shall be in writing and shall be recorded in the registry of property, and are hereby exempted from the payment of all internal-revenue taxes, and the recording thereof shall be made free of charge. (18) Section 1.-That no school building of any kind shall ever be used as an emergency hospital or for the care and aid of the sick without the written consent of the school board in cases of 8 Act of March 13, 1913. 9 Act of June 20, 1919. DEPARTMENT OF EDUCATION buildings belonging to, leased, or otherwise occupied by school boards, or without the written consent of the Commissioner of Education in cases of buildings belonging to, leased or otherwise occupied by the Insular Government; Provided, however, That the consent of the school boards and of the Commissioner of Education in such cases shall only be granted in cases of extreme emergency. (19) Section 10.-Whenever the school board provides but one school building in any urban center of a municipality even though said building contain more than one class, each and every class thus maintained shall be open to both sexes, and likewise all rural schools. When, however, in any urban center there is more than one school building provided and said buildings are no more than one kilometer distant from each other, one building may be devoted to classes for boys and the other to classes for girls, if the school board so desires. All schoolhouses and class rooms shall be entirely separate and upon different premises from the residence of the teacher or any other family, or from any place of business. (20) Section 11.-Whenever it shall beeome necessary for a school board to acquire a site for a school building or for an addition to a schoolhouse site and the same cannot be acquired by agreement of sale with the owners thereof, the board is hereby given the right of eminent domain to proceed to condemn said property for school uses. The method employed in said condemnation proceedings shall be in accordance with the law of eminent domain then in force. (21) Section 13.-The school board shall see that all public schools supported by public taxation either local or Insulari, are known as public schools and that admission to them shall be free of all charge. It is furthermore the duty of the school board to see that no teacher accepts fees for instruction given in the public schools during school hours. (22) Section 14.-Whenever proper school quarters are not provided by the school board within ten (10) days from the receipt of notice from the Commissioner of Education that such quarters shall be provided, the Commissioner through the supervisor of schools of the district, may contract for the use of a suitable building or rooms for the public school in question, and such contract shall be recognized as valid against the school board in whose jurisdiction the school is located, and suit for the amount of said rent may be brought against the school board by the owner of the property thus rented in any court of competent jurisdiction and if judg THE SCHOOL LAWS OF PORTO RICO 13 ment be in favor of the claimant, such judgment shall be recognized as a legal claim against said school board. Section 15.-(Repealed March 13, 1913.) (23) Section 16.-The school directors shall have the right to visit their schoole as frequently as possible, and to report to the supervisor of schools on the work of any teacher. They shall supply the necessary school equipment in accordance with the recommendations of the supervisor of schools, co-operating with the latter to remedy all defects noted. If the school board does not remedy the defects in school equipment, the supervisor of schools may bring the matter officially to the attention of he Commissioner of Education and the board shall co-operate with the Department of Education in promptly removing any unsatisfactory conditions in the schools. (24) Section 17.-The school boards shall supply desks, school furniture, bookcases, chairs and desks for teachers, clocks, proper receptacles for drinking water, supplies for janitors, and all other necessary equipment. for the schoolroom, except textbooks and such stationery supplies as the Department of Education may furnish, for the schools of their respective districts and they shall provide suitable storerooms in such towns as the district supervisor of schools may indicate for the safe custody of schoolbooks and supplies, and shall pay the cost of transportation of said books and supplies to and from said storerooms to their schools whenever it may be necessary or whenever directed to do so by the Commissioner. (25) Section 18.10-The location or assignment to a particular school of a teacher within the jurisdiction of a school board shall be determined by said board and the supervisor of schools of the district. In cases where the school board and the supervisor of schools fail to agree, the matter shall be referred to the Commissioner of Education, whose decision, after due and proper investigation of the facts in the case, shall be final. Section 19.-(Repealed March 10, 1904.) (26) Section 30.11-School boards shall annually, as soon as notified by the Commissioner of Education of the date of the beginning of the school year, report to him the number of schools they desire to open in their respective municipalities for the next ensuing school year. Said school boards shall specify the number of rural, graded, principal, and English teachers required, and also the number of special teachers, or teachers of special schools, such as agricultural, kindergarten, and night schools, which they desire to open; 10 As amended March 13, 1913. As amended April 13, 1916. DEPARTMENT OF EDUCATION and the Commissioner of Education shall at once proceed to consider such report, informing the respective school boards not later than three months prior to the beginning of said school year of the exact number of schools and teachers of different grades that may have been assigned to their respective municipalities. The school course shall commence in the month of September or October in the urban schools and shall commence and end in the rural schools at such time as the Commissioner of Education may direct, taking into consideration the conditions existing in each municipality or district with respect to the advisability of fixing the vacation period at a time most convenient to the patrons of the schools. The school course shall close at or before the end of the fiscal year. Nothing herein shall prevent any school board from requesting at any time an additional allotment of teachers, salaries to be paid either from the fund designated in the annual appropriation as "salaries, common schools", or in the case of rural teachers from any surplus funds at the disposal of the school board. No school board shall pay the salaries of any teachers included in the additional allotment herein provided for from any surplus funds at the disposal of the school board until said school board has adequately housed its graded-school system in buildings which are the property of said schools board. This proviso shall not apply to rural teachers. (27) Section 1.12-That from the funds at their disposal the school boards may, with the approval of the Commissioner of Education, employ persons to instruct the public-school pupils in the native industries and in such special work as may not be provided for in the regular public-school course. Persons so employed shall all be of good moral character and shall be possessed of the necessary requirements for their several positions, but shall not be issued teachers' licenses by the Commissioner of Education. They shall be subject to such conditions and regulations as may be prescribed by the school boards and the Commissioner of Education. (28) Section 1.13-That school boards may, with any funds at their disposal and with the approval of the Commissioner of Education, pay extra salaries to specially qualified teachers in rural schools when such teachers are authorized by the Commissioner of Education to give instruction in agriculture, manual training and home economics, and that likewise they may pay extra salaries to specially qualified teachers in graded or rural schools for giving instruction 12 Act of Mareh 16, 1916. Act of April 6, 1916. 1THE SCHOOL LAWS OF PORTO RICO 15 in sewing and household industries, or in any special work whether or not the same is included in the regular courses of study. (29) Section 1.14-That whenever any industrial, mechanical or technical school is established in any municipality of Porto Rico, and whenever said school shall have been adequately housed and properly equipped in a building that is the property of the school board concerned, and whenever insufficient appropriations shall be made in the budget of the Insular Government to pay the salaries of special teachers of technical subjects, the school board of any municipality where such industrial, mechanical or technical school is established is hereby authorized to pay the salaries of specially qualified teachers of technical subjects, provided that the funds to be appropriated for salaries are not needed for the payment of any other obligations. (30) Section 31.-The school year shall in no case exceed ten mnonths and shall be as much less as the Commissioner of Education shall direct; Provided, That the school year shall in no case be less than eight months; And provided, further, That the school board in the school district may extend the school year beyond the limit fixed by the Commissioner of Education, but not to exceed the maximum limit herein provided for. In all cases where such extension of the school year is made, it shall be wholly at the expense of the district authorizing it. (31) Section 32.-The length of the school day, its division into sections, the lenth of vacations, school holidays and their observance shall be fixed and determined by the Commissioner of Education, subject only to the provisions of law regarding general holidays, but in all these matters, the school boards are authorized to make recommendations to the said Commissioner and so far as possible the regulations for these topics shall be uniform throughout every school district. LEGAL HOLIDAYS (32) Section 33.-The school month shall consist of twenty days of actual teaching-legal holidays excepted-but no school shall be open on a Saturday or a Sunday. Legal holidays within the meaning of this section are those described in section 387 of the Political Code, as follows: Every Sunday, New Year's Day, Washington's Birthday, March Twenty-second, Good Friday, May Thirtieth, known as Memorial Day, the Fourth of July, the Twenty-fifth 14 Act of November 3, 1917. DEPARTMENT OF EDUCATION day of July, the First Monday in September, to be known as Labor Day, Thanksgiving Day, Christmas Day, every day on which a general election is held throughout the Island and every day appointed by the President of the United States, or by the Governor of Porto Rico, or by the Legislative Assembly for a public fast or thanksgiving or holiday. When any such day falls upon a Sunday the Monday following is to be a holiday. Unless otherwise directed by the Commissioner of Education, the school board and the Supervisor of Schools of the district may make provision for the proper celebration of these holidays, when the same fall on school days, by special exercises in the schools. of the afternoon session or during the last hour of the school session of the school day next preceding said legal holiday; Provided, That no special school celebration of Christmas and New Year's Day shall be deemed necessary in districts where the school board makes arrangements for the celebration of a school festival on a day falling between the twentieth day of December and the sixth day of January inclusive, to be known as a school festival of Christmas and Three Kings' Day. NOTE: By Joint Resolution of August 18, 1913, October 12 of each year is declared a holiday. NOTE: July 16, Mufioz Rivera's Day; July 27, Barbosa's Day and April 16, De Diego's Day have also been declared -legal holidays. ARBOR DAY 15 (33) Section 87.-The Friday immediately following the last Thursday in November in each year shall be known throughout the Island as Arbor Day and shall be a holiday in all the public schools in charge of the Commissioner of Education. It shall be the duty of said Commissioner to cause the scholars in every public school in the island to be assembled in the school building, or elsewhere, as he may deem proper, and to provide for and to conduct, under the general supervision of the local school board, or other chief officers having the general oversight of the public schools in each municipality or district, such exercises as shall tend to encourage the planting, protection and preseveration of trees and shrubs and an acquaintance with the best methods to be adopted to accomplish such results. (34) Section 88.-The Commissioner of Education shall have power to prescribe from time to time a course of exercises and instruction in the subjects hereinbefore mentioned, which shall be 1 Law of March 12, 1903. THE SCHOOL LAWS OF PORTO RICO 17 adopted and observed by the public-school authorities on Arbor Day, and upon receipt of copies of such course, sufficient in number to suply all the schools under their supervision, the supervisors of schools shall promptly provide each of the schools under their charge with a copy and shall cause it to be observed. MOTHERS' DAY 16 (35) Section 1.-That the second Sunday of the month of May of each year shall be known as Mothers' Day, to be devoted to the exaltation of motherly affection and its unbounded self-denial, thus tending to develop in the hearts of children that holy respect and undying love which they should feel for the woman that gave them life. (36) Section 2.-That at least seven days in advance the Governor of Porto Rico shall publish in the newspapers of greatest circulation in the Island, a proclamation recalling the celebration of the day to which Section 1 hereof refers and shall indicate the eniblematic flower to be worn by the inhabitants of Porto Rico as an external manifestation of joy and tender homage to the sublime ideal commemorated. (37) Section 3.-That the emblematic flower mentioned in the preceding Section shall be the honeysuckle, until otherwise provided by the Legislative Assembly. TEACHERS' DAY17 (38) Section 1.-That the first Sunday of the second month of the school course shall be designated "Teachers' Day" and shall be celebrated in all the public schools of the Island as a day of festival in honor of the teachers of Porto Rico. (39) Section 2.-That a member of the school board representing The People of Porto Rico, the supervisor and the principals representing the Government, and two members of the Association of Parents of each school group, if any, shall jointly organize such festivals as they may deem convenient for the purposes contemplated by this: Act; Provided, That in rural schools the organization of the said 'festival shall be in charge of the supervisor for the district and of the teacher of each barrio, respectively, who may solicit the cow operation of the school boards and of the Association of Parents) where there are such associations. s Law of March 11, 1915. 17 Law of May 27, 1919.., DEPARTMENT OF EDUCATION Such festivals shall have an educational character and a high moral and intelectual importance. (40) Section 3.-That the school boards shall appropriate in their budgets for each year, from and after the fiscal year 1919-20, under the appropriation for general expenses, a sum not greater than $150 in first-class districts; not greater than $100 in secondclass districts, and not greater than $75 in third-class districts, which amounts shall be availed of by the Commission in charge of such festivals, upon vouchers, as specified in Section 2 of this Act. SCHOOL FUNDS AND THEIR ADMINISTRATION (41 a) Section 18.18-..... Besides, the municipal assembly shall hold an extraordinary special meeting every year, to consider the regular budget for the following fiscal year, which meeting shall not last more than five days in the municipalities of the first class and three days in those of the second and third classes; Provided, That if on the twentieth day of May the municipal assembly shall have failed to adopt the budget or if the same has been returned by the mayor without his approval, the assembly shall consider it and decide what it may deem convenient before May thirtieth. If on or before June tenth the budget is not approved by the Assembly and the mayor, or by two-thirds of the total membership of the assembly (as provided in section 27 of this Act) over the mayor's veto, then the municipal secretary, not later than June twelfth, shall forward the budget in controversy to the Auditor of Porto Rico for final decision; Provided, That if not later than June twenty-fifth the same is not received in the office of the municipal secretary, approved by the Auditor of Porto Rico, the Board of Administration, not later than June thirtieth, shall frame a budget which shall be final and effective in the said fiscal year. (41 b) Section 39.19-After investigation of the needs of the municipal services the mayor shall prepare a draft of a budget before April sixteenth, which shall be submitted to the municipal assembly after having been posted to the public for ten days. There shall be stated in said budget, separately, for each branch of the Municipal Administration the appropriations appertaining thereto. The total budget for expenses of public education, including the salary of the school director and of his office personnel, shall not be less 18 Municipal Law, approved April 28, 1928. 19 Municipal Law, approved April 28, 1928. THE SCHOOL LAWS OF PORTO RI[CO 19 than twenty-five (25) per cent of the total property tax received by the municipality plus the proceeds from the school tax. (41 c) Section 40.20-In posting the budget to the public a statement shall be made on a foot-note thereon, that any resident of the municipality may object to said budget or to any of the entries thereof prior to the date on which the municipal assembly is to meet to consider and approve it, which date shall be clearly stated in the aforesaid foot-note appearing on said budget; Provided, That every opposition or objection shall be made in writing, stating the reason therefor, and shall be addressed to the president of the municipal assembly. (41 d) Section 41.21-The municipal assembly shall take into consideration the draft of the budget submitted by the mayor, as well as any opposition made by any resident of the municipality, in the manner hereinbefore set forth. The budget, after its approval shall be put in force by the mayor pursuant to the appropriations contained therein without the need of new legislation on the part of the assembly. (42) Section 44.22_No transfer in appropriations shall be made between items of the regular or supplementary budget, or from one to the other budget, nor shall new items be created in said budgets by means of transfers of funds, except by resolution of the municipal assembly or of the administrative board. Transfers of funds between items of a loan budget shall be made only by ordinance or resolution of the municipal assembly, with the approval of the Executive Council of Porto Rico on report of the Treasurer of Porto Rico; Provided, That transfers of funds from a supplementary budget to a current budget shall be applied only to increase items for works or services of public utility. Any excess remaining after the completion of the services or works specified in a loan ordinance may be applied to purposes other than those stipulated in said ordinance by means of ordinances of the municipal assembly, approved by the Executive Council of Porto Rico, on report of the Treasurer of Porto Rico; Provided, That the same procedure shall be followed in cases where any of the improvements included in the loan are desisted from. (43) Section 45.23-Surpluses in regular funds, in cash, resulting on June thirtieth of each year, after closing the budget and after all the indebtedness chargeable thereto are covered, may be ex~Municipal Law, approved April 28, 1928. 1 Municipal Law, approved April 28, 1928. 2 Municipal Law, approved April 28, 1928. Municipal Law, approved April 28, 1928. DEPARTMENT OF EDUCATION pended by framing supplementary budgets to be voted on and approved by the municipal assembly, following the rules established for regular budgets; Provided, That on or after October first, municipalities may also frame supplementary budgets with receipts from previous years collected after July first and which are available as surpluses. Said supplementary bugets shall be exclusively applied to improvements or services of public utility, or to the pay ment of debts contracted with the approval of the Executive Council. (44) Section 46.2 —..... Any ordinance of a municipal assembly levying any additional tax, including that known as school tax, on the assessed value of property, shall be in the hands of the Treasurer of Porto Rico, duly approved by the Executive Council, on or before the fifteenth day of the month of March. If, for any reason, any municipality fails to adopt a proper ordinance for the levying' of the tax known as the school tax in any fiscal year, said tax shall be deemed as levied and it is hereby ordered to be levied for the said fiscal year, at the same rate as it was in force during the preceding fiscal year, and the Treasurer of Porto Rico shall proceed to collect the same in the usual manner. SCHOOL TAX (45) Section 63.2'-That for the fiscal year beginning July 1, 1904, and ending June 30, 1905, and for every succeeding fiscal year, in order to increase the revenues of the respective school boards, the municipalities may levy a property tax to be known as "school tax" and not to exceed one tenth of one per centum of the assessed value of all real and personal property within the respective mur iciialities in accordance with assessment made by the Treasurer of Porto Rico to levy and collect the insular property tax. (46) Section 64.26-The municipal council of each municipality shall decide on or before the twentieth day of February of each and 'every year whether such additional tax shall be levied and shall fix the rate within the limit allowed by the foregoing section, basing such action upon reports of the respective school boards situated in each municipality and upon the needs for school funds in whatsoever manner determined; Provided, That in cases where the school board is about to contract a loan for the construction of one or more school buildings, the municipal council may levy the school 4 Municipal Law, approved April 28, 1928. 25 As amended March 10, 1904 and February 17, 1905. 26 As amended February 17, 1911. THE SCHOOL LAWS OF PORTO RICO tax at a given rate, not to exceed the maximum of one-tenth of one per cent, for such term of years as will be covered by the payments on account of principal and interest of the loan to be contracted. The municipal council shall notify the Treasurer of Porto Rico immediately upon the adoption of all resolutions fixing the rate of the school tax and the Treasurer of Porto Rico shall collect the said tax in the same form and subject to the rules provided for by the act entitled "An Act to provide revenue for The People of Porto Rico, and for other purposes", approved January 31, 1901. The Treasurer of Porto Rico shall pay monthly, pursuant to law, upon the warrant of the Auditor, countersigned by the Governor, to the Treasurer of each school board the amounts collected on account of said school tax; Provided, That nothing herein contained shall prevent the Treasurer of Porto Rico from retaining from moneys due school boards any sums required, or that may be hereafter requiIred by law, or by ordinance duly enacted by any school board to be retained by him for the purpose of meeting obligations contracted by them. (47) Section 65.-The amount accruing to the treasury of each municipality on account of school taxes hereby established shall be devoted solely to school purposes. SCHOOL-BUILDING FUND 27 (48) That the sum of eighty thousand (80,000) dollars is hereby set aside from any money in the Treasury not otherwise appropriated as a special trust fund to be called the "school-building fund" to be expended in accordance with the terms of this act without limitation of fiscal year for the construction of school buildings. (49) The school-building fund shall be subject to increase and replenishment by subsequent appropriations from the Insulalr Treasury, by repayments from the local boards and by the payment of interest upon advances as hereinafter provided. (50) All buildings erected under the provisions of this act shall be from plans approved by the Commissioner of Education and the Commissioner of the Interior. All contracts for the construction of buildings shall be made for the Department of Education by the Commissioner of the Interior and under his responsibility, and all payments on account of such contracts shall be approved by the Commissioner of the Interior. The entire cost of erecting all school V Act of March 14, 1907. Fund increased by forty thousand (40,000) dollars, March 9, 1908. Fund increased by forty thousand (40,000) dollars, March 9, 1911. DEPARTMENT OF EDUCATION buildings under the provisions of this act shall be paid in the first instance by the Insular Treasury from the school-building fund; Provided, however, That one-half of the cost of constructing such building shall be reimbursed to the school-building fund in the manner hereinafter' set forth. (51) Any school board desiring to avail itself of the benefits of this act shall make application therefor to the Executive Council by proper ordinance which ordinance shall specify the number of schoolhouses and the number of rooms in each which it is proposed to construct, the material to be used in such construction and the maximum cost thereof. Such ordinance shall pledge the school board to acquire a suitable site approved by the Commissioner of Education, with title of dominion. The said ordinance shall pledge the school board to the repayment of one-half the cost of constructing the buildings, and shall authorize the Treasurer of Porto Rico to deduct the sum so pledged in equal annual installments from any moneys collected by the Insular Government and due the school board, such deduction to begin in the fiscal year following the passage of the ordinance. The number of years during which such repayment is to be made shall not exceed ten. The ordinance shall also provide for the payment of interest at the rate of three per centumn per annum on all sums advanced upon the construction of the building and which by the terms of the ordinance are to be repaid to the Insular Treasury, and for the retention of such interest by the Treasury of Porto Rico. Said interest shall be computed on the entire sum to be repaid to the Insular Treasury from the date of the draft representing the first payment on account of the work undertaken and all interest paid by the school board shall accrue to the school-building fund; Provided, That on making such reimbursements by the school boards, the Treasurer of Porto Rico shall compute only the interest on the sums pending payment. Upon receipt of the ordinance, the Executive Council shall examine whether the same is in accordance with the terms of the law, and if found defective or unsatisfactory in form shall return the same to the school board for revision and correction. (52) The Executive Council shall consider the applications as they are treceived, and shall allot the funds available for the purpose among the applicants as far as possible to do sp. In case any school board whose application has been approved shall fail to provide, within five months, a suitable site for the erection of the building, the Commissioner of Education shall report the fact to the Executive THE SCHOOL LAWS OF PORTO RICO0 23 Council and the allotment to said school board shall be declared null and void, provided that the cancellation of any allotment for failure to provide a site shall not operate as a bair to any subsequent application of the same school board by appropriate ordinance duly enacted. All applications which may not be acted upon for lack of funds shall be considered in force until the close of each fiscal year when all such applications shall lapse. In such cases renewal of the application may be made by a new ordinance. SCHOOL DISTRICTS (53) Section 34.-The school district shall be conterminous with the municipality and the school boards shall have jurisdiction over all schools within their respective districts. QUALIFICATIONS OF TEACHERS (54) Section 35.-Teachers of schools in Porto Rico shall be designated as rural, graded, teachers of English, principal teachers and special teachers, the latter class comprising kindergarten teachers, music and drawing teachers, teachers of sloyd, teachers of trades and special subjects in industrial schools, teachers in the normal and) high schools and special schools, teachers of stenography and typewriting and all other teachers not otherwise classified who may at any time be employed in school work under the direction of the Commissioner of Education. They shall all be persons of good moral character and possessed of the necessary requirements for their several positions as may be prescribed by law and certified to by a certificate or license to teach issued by the Department of Education over its own seal and the signature of the Commissioner. (55) Section 36.28-Candidates for license to teach in the rural schools of Porto Rico after July 1, 1904, shall pass an examination in (1) English language, (2) Spanish language, (3) arithmetic, (4) geography, (5) history of the United States and history of Porto Rico, (6) methods of teaching, (7) nature study, (8) elementary physiology and hygiene. (56) Section 37.289-Candidates who apply for licenses to teach in the graded schools of Porto Rico after July 1, 1904, shall pass an examination in (1) English language, (2) Spanish language, (3) arithmetic, (4) geography, (5) history of the United States and history of Porto Rico, (6) pedagogy, (7) nature study, (8) elemen2s As amended March 10, 1904. 29 As amended March 10, 1904. DEPARTMENT OF EDUCATION tary physiology and hygiene, (9) civil government of the United States and of Porto Rico. (57) Section 38.30-Candidates to teach as principal teachers after July 1, 1904, shall pass an examination in all of the subjects for license to teach in the graded schools, and in addition thereto in (10) elementary physics, (11) Spanish literature, (12) English literature, (13) algebra, (14) geometry, and such additional studies as the Commissioner of Education may require; Provided, however, That no additional studies shall be required without giving at least six months' notice of such additional studies. And provided, further, That the maximum requirement for examination in each of the studies prescribed for rural, graded, and principal teachers shall correspond to the courses given in said subjects in the normal department of the University of Porto Rico. (58) Licenses to teach as rural, graded, principal, or special teachers shall be granted only to persons of sound physical health and may be granted without examination to persons possessing the legal age and experience requirements on the basis of certificates of graduation from the normal department of the University of Porto Rico or from any other, accredited normal school, college or university in the United States, or upon a first-class teacher's license from any State or county in the United' States; Provided, That in all such cases the candidate possesses an elementary knowledge of the Spanish language, which shall be tested by examination. (59) Section 1.31-That for the purpose of admission to any professional career, a certificate or diploma of principal teacher, acquired in Porto Rico, shall be equivalent to a high-school diploma, after the holder thereof shall have practiced for two years or more as principal or graded; teacher in any public school of Porto Rico. (60) Section 39.-No person shall be granted a license to teach in a rural school who has not attained the age of seventeen (17) years. No person shall be granted a license to teach in the graded schools who has not attained the age of nineteen (19) years, and who has not had at least one year's experience as a teacher. No person shall be granted a license to teach as a principal teacher who has not attained the age of twenty-one (21) years and who has not had at least two years' experience as a teacher; Provided, however, That any person who has finished satisfactorily a two-years' course in the Insular Normal School of Porto Rico (exclusive of the preparatory year) may be granted a license to teach if he possesses the 80 As amended March 10, 1904. 31 Act of May 20, 1919. THE SCHOOL LAWS OF PORTO RICO 25 other qualifications without having' any other experience as a teacher; And provided, also, That any person who has completed the full three-years' course in the Insular Normal School of Porto Rico and has received a diploma from said normal school, shall be entitled to receive a license to teach as a principal teacher without further examination or further requirements upon reaching the age of twentyone (21) years and having had one year's experience as a teacher in the schools of Porto Rico. (61) Section 1.32 -That any person having satisfactorily passed the course of special studies established by the Board of Trustees of the University of Porto Rico for the preparation of rural teachers, shall be granted a certificate authorizing him to practice in any of the rural schools of Porto Rico, provided such person meets all the. requirements of law. (62) Section 2.33-That any person holding a diploma in Agricultural Science, from the College of Agriculture and Mechanic Arts, at Mayagiiez, granted by the Board of Trustees of the University of Porto Rico shall be entitled to (a) rural-teachers's license without examination, provided that such person meets all other requirements of law. "(63) Section 40.34-Teachers of English shall be graduates of a high school and shall have one year's professional experience, or graduates of a first-class normal school, college or university, or shall be teachers of extended experience possessing a high-grade certificate from some state of the Union, or in default thereof shall pass an examination in the English language, including penmanship, spelling, reading, grammar, arithmetic, geography, history of the United States, physiology and methods of teaching. In every village and city maintaining a graded system of schools there shall be at least one teacher of English, and as many more as the Commissioner of Education may appoint. All teachers of English shall be selected and appointed by the Commissioner of Education, and shall perform the duties he may assign to them. But in all other respects they shall be subject to the same conditions and regulations governing graded teachers." (64) Section 41.35-No license to teach in the rural or graded schools of Porto Rico shall be issued to any person over sixty-five (65) years of age. '2 Act of April 11, 1917. " Act of April 11, 1917. 24 As amended May 20, 1919. 35 As amended March 10, 1904. 26 DEPARTMENT OF EDUCATION (65)"36 All certificates shall be issued in the first instance for one year. They may be renewed at the close of each year by the Commissioner of Education. Before the end of each school year, and upon satisfactory evidence of competence, the certificates held by teachers shall be renewed for longer periods of respectively two, three and five years; Provided, That no renewals can be made for a longer period unless the teacher has already had renewals for each of the preceding shorter periods. (66)37 Whenever the Board of Trustees of the University of Porto Rico shall have established an elementary course of study of two years in the normal department of said university, comprising instruction in at least all subjects required by law for both rural and graded teachers' licenses; and whenever said board shall have made arrangements for granting an elementary certificate to students completing all the subjects prescribed for said elementary course, the Commissioner of Education is authorized to countersign such elementary certificate, and it shall then entitle the holder thereof to teach in all public schools of Porto Rico below the grade of principal of a graded school, fori a period of two years, unless sooner revoked for cause; Provided, That the holder of such certificate shall meet the requirements of law as regards the minimum age and experience qualifications for teachers; and whenever the Board of Trustees of the University of Porto Rico shall have established four years' study in the normal department of said university, comprising instruction in at least all the subjects required by law for a principal's license; and whenever said board shall have made airrangements for granting diplomas to students who successfully complete such four-year courses, in accordance with such conditions as said board may prescribe for granting such diplomas, the holders thereof shall be entitled to receive from the Commissioner of Education certificates of grade to which they may be entitled by reason of their minimum age and experience qualifications; Provided, That such certificates shall be valid only for three years from the date when they were first issued; And provided, That the grade of such certificates may be advanced in accordance with the age and experience qualifications of the holder; and the Commissioner of Education is hereby authorized to countersign diplomas granted upon completion of a four-year course of the normal department of the University of Porto Rico (or to issue certificates to the holders of diplomas granted upon the completion of a four-year course of the 8 Act of March 9, 1905, as amended March 10, 1910. 37 Act of March 10, 1904, as amended May 28, 1904. THE SCHOOL LAWS OF PORTO RICO 27 normal department of the University of Porto Rico) and such diploma when so countersigned (or such certificate when so issued) shall qualify the holder thereof to teach in any public school of Porto Rico without further examination until the same is annulled for cause; Provided, That no diploma shall be countersigned, or no such certificate shall be issued unless the holder thereof (or of such diploma) shall present evidence satisfactory to the Commissioner of Education of good moral character and two years' successful experience in teaching a public school after the date that said diploma was conferred by the Board of Trustees of the University of Porto Rico. LIFE CERTIFICATE 38 (67) Section 1. —That to every teacher possessing a valid license who has taught satisfactorily in the public schools of Porto Rico as a rural, English graded or principal teacher, for forty school months counting from the beginning of the school year 1906-07, there shall be issued by the Department of Education a life certificate of the grade in which such teacher shall have served satisfactorily for a period of twenty-four school months; Provided, That if a teacher shall have served for forty school months, but shall not have completed twenty-four school months in any of the grades mentioned, such teacher shall be entitled to a life certificate of the grade in which he shall have served for sixteen school months or more. (68) Section 2.-That any teacher who, possessing a principal teacher 's license, shall act officially as assistant to the school supervisor of the district, shall be conidered, for the purpose of said life certificate, as such principal teacher for the time during which he may render services as assistant supervisor. (69) Section 3.-That every graded teacher contracted as a rural teacher, and officially teaching in rural schools classified as urban, shall be considered, for the purposes of said life certificate, as a graded teacher for the time during which he may serve in the urban zone. (70) Section 4.-That all teachers contracted as special teachers, and who have rendered satisfactory services in the public schools of Porto Rico for forty school months, shall be entitled to a life certificate of the specialty which they have taught for twenty-fouT school months. (71) Section 5.-That the provisions of this Act shall be aps8 Act of November 23, 1917. DEPARTMENT OF EDUCATION plicable to teachers having valid licenses, who shall have taught in private schools, and whose diplomas shall have been recognized by the Department of Education as being equal to those issued by the public schools; Providing, That said teachers shall have taught during the terms and under the conditions established in the preceding sections. (72) Section 6.-That a life certificate shall bear date of July 1, following the completion of the term of services required. (73) Section 1.3 That the Commissioner of Education of Porto Rico is hereby directed to issue, and to continue to issue, life licenses or certificates to all such English and continuation teachers as hold a certificate accrediting them as such, issued by the University of Porto Rico, by any accredited university or school of the United States, or by the Departament of Education of Porto Rico, and who have practiced, or shall hereafter practice, for forty school months in the public schools of Pofto Rico. (74)40 That the Commnissioner of Education shall not cancel the life certificate of any teacher except for cruelty, immorality, incompetency, insubordination or negligence in the performance of duty. TEMPORARY LICENSES41 (75) Section l. —That whenever because of any emergency it is impossible to secure licensed teachers of any class to fill existing vacancies in the public schools, the Commissioner of Education, on the recommendation of any School Board of Porto Rico, is hereby authorized to grant temporary licenses, without previous examination, to those persons who possess the other legal requirements, if, in the judgment of the Commissioner of Education, such persons posses the necessary scholastic training to meet the requirements of the position to be filled, provided that no temporary license shall be issued to any person who has not completed the elementary-school course. (76) Section 2.-That no temporary license shall be valid for a greater period than one year, nor shall any license of this class be renewed. SUSPENSION AND REMOVAL OF TEACHERS (77) Section 42.-Teachers shall be suspended from their positions by the Commissioner of Education or by the school board for t As amended April 5, 1928. 'o Act of March 13, 1914. 41 Act of February 19, 1918. THE SCHOOL LAWS OF PORTO RICO 29 cruelty, immorality, incompetency, insubordination or negligence in the performance of their duties, and said Commissioner may reinstate them or dismiss them and cancel their licenses after an investigation which shall be held and in which the school board may file a statement, and said teachers shall be heard in their own defense either verbally or in writing; Provided, That no suspension by a school board shall be valid for more than five days; and the teacher thus suspended shall not be again suspended for the same cause by said board during the school year in which the first suspension took place. (78)42 No complaint against a teacher unless it is made by a local board or by an officer of the Department of Education, shall be entertained by the department unless the said complaint shall be duly sworn to by the party filing the same. In all cases of complaint against teachers, which if proven would lead to the cancellation of certificates or diplomas, the Commissioner of Education shall request a statement of the facts from the local school board, the principal of the school and from the supervisor of schools, and may obtain sworn statements from other persons who may be capable of giving testimony. All evidence relating to such investigation should lIe in writing and when charges are preferred, the teacher shall be allowed a period of not less than eight days wherein to make a written reply to such charges. (79)43 When a teacher is charged with an offense before tile civil or criminal courts, final action shall not be taken by the Commissioner of Education until the decision of the courts has been rendered; Provided, however, That the Commissioner of Education may in his discretion, when the circumstances of the case wa'rant, suspend the teacher from the exercise of his functions pending the decision of the court. SALARIES OF TECtIERS (80) Section 43.4 —The salaries of all teachers shall be those fixed by laAv. Said salaries shall be exempt from execution and attachment. Up to a maximum of twenty days during any school year, teachers' salaries shall continue during their absence from school work, provided that after investigation it is proven that the absence was necessary and justifiable. (81) Section 44.4 —For the purpose of compensation and payment, teachers shall be assigned by the Commissioner of Education 4 Act of March 9, 1905. 3 Act of March 9, 1905. 44 Act of March 20, 1919. 45As amended March 18, 1918. DEPARTMENT OF EDUCATION to one of three salaried classes. All rural teachers shall be divided into three classes beginning on and after July 1, 1913. Those of the first class shall receive fifty ($50) dollars per school month for each month of actual service. Those of the second class shall receive forty-five ($45) dollars per school month for each month of actual service. Those of the third class shall receive forty ($40) dollars per school month for each month of actual service. (82) Section 45.46-Graded teachers shall be divided into three classes on and after July 1, 1913, as follows: Those of the first class shall receive seventy ($70) dollars per school month for each month of actual service. Those of the second class shall receive sixty-five ($65) dollars per school month for each month of actual service. Those of the third class shall receive sixty ($60) dollars per school month for each month of actual service. (83) Section 46.47-Principal teachers shall be divided into three classes on and after July 1, 1913. Those of the first class shall receive ninety ($90) dollars, per school month for eaceh month of actual service. Those of the second class shall receive eighty-five ($85) dollars per school month for each month of actual service. Those of the third class shall receive eighty ($80) dollars per school month for each month of actual service. (84) Section 47.43-Teachers, whether rural, graded, principal or English, who shall receive their licenses to teach under the Department of Education after the passage of this act shall be placed in the third-salary class and may not be advanced to the secondsalary class until they have taught three years in their respective classes or higher classes of licenses in the public schools of Porto Rico. No teacher shall be advanced to the first-salary class from the second, unless they have taught in all five years in their respective classes or higher classes of licenses in the public schools of Porto Rico and unless they shall be the possessors of life certificates. No period of teaching in the public schools of Porto Rico prior to July 1, 1903, shall be counted in calculating the length of service; Provided, however, That all persons who hold a diploma or elementary certificate from the Insular Normal School or from an accredited normal school, college or university in the United States or a firstclass state certificate by reason of the superior advantages which they have enjoyed, shall be admitted, when given a license to teach by "As amended March 13, 1913. 47 As amended March 13, 1913. 4 As amended March 13, 1913. THE SCHOOL LAWS OF PORTO RICO 31 the Department of Education, to the second-salary class immediately upon beginning their work in the public schools. (85) Section 48.49-Teachers of English shall be divided into three classes on and after July 1, 1913. Those of the first class shall receive ninety ($90) dollars per school month for each month of actual service. Those of the second class shall receive eighty-five ($85) dollars per school month for each month of actual service Those of the third class shall receive eighty ($80) dollars per school month for each month of actual service. (86)50 Persons holding licenses as teachers of English, special teachers, principal or English-graded teachers, and graded teachers employed in the night schools shall receive a salary of $15 for each school month of active service in addition to their regular salaries. Persons holding licenses as rural teachers, employed in the night schools shall receive a salary of $10 for each school month of active service in addition to their regular salaries. Persons holding licenses as special teachers and employed in industrial night schools shall receive a salary of $20 for each school month of active service in addition to their regular salaries. (87) Section 49.-Salaries of special teachers shall be fixed by the Commissioner of Education by and with the consent of the Executive Council in the absence of specific provision of law fixing the salaries of said special teachers. Salaries of rural, graded and principal teachers and of any other teacher duly appointed by law shall be paid from the fund designated in the annual appropriation act as "salaries, common schools" unless provision is made by the Legislature for the payment of said salaries under some other item of the Annual Appropriation Act or other act of the Legislature. CIVIL SERVICE (88)51 The classified service shall comprise all positions not included in the unclassified service; Providing, however, That the appointment and removal of the * * * teachers in the public schools, shall continue to be governed by the special laws in force concerning them, and provided that the teachers in the public schools shall be considered as members of the classified civil service for the purposes of promotion within the Department of Education. (89) Section 1.52-That all principal, graded and rural teachers 49 As amended March 13, 1913. "Act of March 11, 1913. 61 Act to regulate and improve the Civil Service of Porto Rico approved March 14, 1907. 52 Joint Resolution of November 28, 1917. - EPARTNIENT OF EDUCATION of public instruction iwho have practiced as such principal, graded or rural teachers in the public schools of Porto Rico for three years at any time subsequent to the year 1899 and who have discharged their duties honorably and with manifest capacity, and who shall furthermore meet the conditions of age and other regulative conditions required by the aforesaid; law, shall, upon application, be deemed included in the Classified Civil Service of Porto Rico-principal and graded teachers in the first grade, and rural teachers in the second grade thereof-without previous examination therefor, and shall occupy such place as in the judgment of the Civil Service Examining Board they may be entitled to. DUTIES OF TEACHERS (90) Section 50.-Teachers shall instruct the pupils in the public schools in all subjects prescribed in the course of study according to their various grades and the provisions of this act. Teachers shall not teach any subjects not authorized in the said course of study during the legal school hours. (91) Section 51.5:;-When a teacher: on account of illness, or for any other reason of equal moment, is prevented from attending to his duties, or is compelled to absent himself from the schoolroom during the legal school hours, he shall at once notify the supervisor of his district and the principal of his school, in towns where a principal is employed, explaining fully the cause of his detention from school. On receipt of such a notice the supervisor shall notify the Commissioner of Education and the school board of the district where the school is located, which shall appoint a legally qualified substitute teacher in the same manner in which the regular teachers are appointed; Provided, That if the school board in question does not appoint a substitute teacher within twenty-four hours after receiving said notice, then the Commissioner of Education shall appoint a legally qualified substitute to serve until the regular teacher can resume his duties or a successor is legally appointed. When substitute teachers are thus appointed their salaries may be paid from savings from the appropriation for teachers' salaries, or from any other savings of the Department of Education after transfer is duly made to the appropriation for teachers' salaries. (92) Section 52.54 —All teachers shall be considered as officials or employees of the Insular Government while in active service M As amended April 13, 1916. 4 As amended August 19, 1925. THE SCHOOL LAWS OF PORTO RICO 33 under contract duly signed by the Commissioner of Education, and shall take no active part in political campaigns in any manner; Provided, however, That where a teacher is nominated for a public office of popular election and wishes to defend his candidacy he shall immediately resign his office as a teacher. (93) Section 53.55 —Corporal punishment is absolutely prohibited in the schools of Porto Rico, except in accordance with regulations issued by the Commissioner of Education in pursuance of Sections 53, 66 and 89 of the Compiled School Law, the Organic Act, and other legislative sanction and upon the sanction of the parent ori guardian. SELECTION OF TEACHERS (94) Section 54.5 —Teachers other than teachers of English and special teachers, as defined in section 35 of the Codified School Law, in the public schools of Porto Rico shall be selected in the follow' ng manner: The school board of each municipality by a majority,vote shall certify to the Commissioner of Education at least three months before the date fixed by the Commissioner of Education as the begoinning of the school year, the names, of any teachers legally qualified whom they desire as teachers for the next ensuing school year. After twelve o'clock noon of the ninetieth day prior to the opening of the school year of each and every year, there shall be madle up as speedily as possible, in the office of the Commissioner of Education, a list for each municipality of all the legally qualified teachers whose names have been sent to the Commissioner of Education by the respective school boards and received at the office of the said Commissioner of Education prior to the hour of noon of. the ninetieth day prior to the date fixed by tile Commissioner of Education for the opening of the school year and whose names have been previously certified to by the respective school boards of each municipality. Said list shall be signed by the Commissioner of Education and his seal affixedl thereto and become a part of the official records of the Department of Education and henceforth to be known as the official list of the said respective municipalities for the ensuing school year. The Commissioner of Education shall return the list to the school board of each municipality on or before the sixtieth day prior to the opening of the school year and shall indicate his approval or disapproval of each teacher nominated in said list. All teachers approved on said list shall be considered as appointed to teach in such A'" Is amended March 10. 191C "1 As amended March I2 291: DEPARTMENT OF EDUCATION municipalities for the next ensuing school year and a contract shall be entered into by the school board and the teacher, such contract to be in triplicate, one copy for the files of the Department of Education, one copy for the school board and one copy for the teacher. No names shall be added to such official list unless the number of teachers approved by the Commissioner is not sufficient to fill all the places for which the school board is authorized to make provision. The names of the additional teachers required shall then be submitted to the Commissioner of Education. In case the number of teachers approved by the Commissioner of Education is not sufficient to fill all schools allotted to any municipality and the school board fails to submit the names of the additional teachers required within ten days after notice from the Commissioner of Education that such names should be submitted, The Commissioner of Education shall appoint the teachers and such appointments shall be valid for the remainder of the school year. No applicant for a school shall be certified to the Commissioner of Education by any school board unless said applicant possesses a valid license to teach, bearing the' signature of the Commissioner of Education and the seal of the Department. No teadcher shall be nominated by any, schqol board without the unanimous vote of those present if he is a relative within the third degree of consanguinity or second degree of affinity of a member of the school board. (95) Section 55.-Teachers of English and all special teachers shall be appointed directly by the Commissioner of Education and shall perform such duties as he may assign to them; Provided, That teachers of Englishl shall have the qualifications specified in section 40 of this Act, and all special teachers shall have the qualifications usually appertaining to teachers of their respective branches and shall have first been granted a license as such special teacher by the Department of Education. The Commissioner of Education may appoint not more than five rural, graded or principal teachers in each school district as teachers at large for the purpose of substituting in the place of teachers regularly chosen in the schools of said district, whom said Commissioner is hereby authorized to remove from their schools for a period not exceeding three months in any one school year and to assign to study in the Insular Normal School, allowing the teachers thus temporarily absent from their schools full pay and paying said substitute teachers the salary pursuant to law appertaining to their respective grades; Provided, That the salaries thus paid to teachers pursuing their studies in the Insular Normal THE SCHOOL LAWVS OF PORTO RICO 35 School for entire period for which they are absent from their schools shall be paid from moneys specially appropriated for "salaries, teachers' institutes and summer normal schools." (96)57 In any town having four or more graded schools in one building for which no principal teacher is provided, the Commissioner of Education may designate one of the graded teachers of said town as acting principal with the usual duties and responsibilities of a principal teacher, and said acting principal shall receive for said services in addition to his regular salary as fixed by ]aw, the further sum of fifteen (15) dollars per month during the period of such actual service and to be paid from the funds appropriated for 'Salaries, common schools'; Provided, That acting principals in charge of twelve or more graded schools shall be exempt from assignment to an exclusive class-room. Section 56.-[Repealed March 13, 1913.] Section 57.-[Repealed March 13, 1913.] Section 58.-[Repealed April 12, 1917.] Section 59.-[Repealed March 13, 1913.] COMPULSORY ATTENDANCE 58 (97) Section 60.-Pupils enrolled in the public schools of Porto Rico shall continue members of the public schools of Porto Rico until they shall have completed the work of each grade of the course of study prescribed at the time of such enrollment for the system of schools to which their respective schools belong, except when the parents or guardians show good and sufficient cause for withdrawal in the judgment of the supervisor of schools of the municipality; Provided, Such pupils may be dismissed for cause by the supervisor of schools of the municipality or by the school board with the approval of the Commissioner of Education; Provided, further, That parents or guardians shall always have power to transfer their childten or wards to other schools of recognized standing. (98) The attendance of pupils enrolled in the public schools of Porto Rico shall be prompt and regular, and their conduct in accordance with what is commonly accepted as good behavior and with the rules and regulations to which their respective schools are subject. Prompt attendance is understood to mean that the pupils shall be present at the time of opening school as prescribed by the teacher of the school or by the supervisor of schools; and regular 67 As amended May 20, 1919. 8 Acts of March 30, 1904 and March 12, 1908. 36 DEPARTMENT OF EDUCATION attendance is understood to mean attendance every day unless the pupils be prevented from attending by sickness or other good and sufficient cause acceptable to the teacher and subject to the approval of the supervisor of schools. (99) Children between eight and fourteen years of age shall be enrolled in any public school that may be located within reasonable distance or their homes, and their attendance at that school shall be enforced as herein provided in the case of any pupil enrolled in the public schools; Provided, There be a school within reasonable distance as hereinbefore mentioned where accommodation can be furnished; And provided, Such children may not already have completed each grade of the course of study prescribed for the particular school which meets the conditions outlined. (100) In each and every graded school an enrollment of not less than thirty-five nor more than fifty pupils, and in each and every rural school an enrollment of not less than twenty-five nor more than fifty 'pupils shall be maintained. (101) Failure on the part of the local authorities to maintain a minimum enrollment as hereinbefore provided, or failure to secure such minimum enrollment within thirty days after the receipt of official notification from the Commissioner of Education, shall be sufficient cause for the removal of a school to a more suitable locality within the same municipal district, the school board to furnish suitable quarters for said school, or sufficient cause for the removal of the school to some other municipality in the discretion of the Commissioner of Education. (102) Municipal authorities upon notification from the teacher or from the supervisor of schools of the municipality shall enforce the attendance of children between the ages of eight and fourteen years who reside within a reasonable distance of a publid school and who are otherwise eligible for admission to the public schools of Porto. Rico. (103) Any parent or guardian wilfully responsible for the violation of any of the provisions of this section after notification by the teacher of the school or by the supervisor of schools for the municipality in which he or she resides shall be deemed guilty of a misdemeanor' and upon conviction in any court shall for the first offense, be publicly reprimanded by the judicial officer before whom they are tried, and for the second offense shall be fined in an amount not to exceed five dollars, and for a third offense shall be fined in an amount not to exceed ten dollars; said fines to be imposed and THE SCHOOL LAWS OF PORTO RICO 37 collected in accordance with the usual provisions of law applicable to judicial fines. All the processes of the municipal courts of Porto Rico shall be and are hereby made available for the prosecution and conviction of persons accused under the provisions of this Act. SALE OF CERTAIN ARTICLES TO CHILDREN PROHIBITED (104) Section 1.59-That the sale or donation of cigars, cigarettes or tobacco to children of either sex under eighteen years of age, is hereby prohibited. (105) Section 2.60-That the first violation of the preceding section shall be punished by a fine not to exceed one hundred dollars of by imprisonment in jail for not more than ninety days, or by both penalties. Subsequent violations, shall be punished by double said penalties. EMPIJOYMENT OF MINORS AND COMPULSORY ATTENDANCE (;1 (106) Section 1.-Whenever used in this Act the word 'child' shall mean any person under sixteen years of age. The word 'minor' shall mean any person under twenty years of age. The word 'employer' shall mean any person, whether principal or agent, employing a minor or a child. (107) Section 2.-That no child under fourteen years of age shall be employed, permitted, or suffered to work in Porto Rico, in, about, or; in connection with any gainful occupation except as specified in Section 14 of this Act and also with the exception of domestic, farm and garden labor. (108) Section 3.-No child shall be employed, permitted or suffered to work in or in connection with any gainful occupation, except domestic labor and work on farms and in gardens, according to the provision of section 21 of this Act, more than six consecutive days in any one week, or more than forty-eight hours in any one week, or more than eight hours in any one day, or before eight o 'clock in the morning or after six o'clock in the evening of any day. Every employer shall post, and keep posted conspicuously, in the place where any child is employed. permitted or suffered to work, a printed notice setting forth the maximum number of hours such child shall be required or may be permitted to work each day of 59 Act of April 13, 1916. e0 Act of April 13, 1916. 6e Act of July 20, 1921, amended July 31, 1925. DEPARTMENT OF EDUCATION the week, the hours of beginning and ending the work each day, and the hours when the time allowed for meals begins and ends. The printed form of such notice shall be furnished by the Chief of the Bureau of Labor, and the presence of such child in the place of work, for a longer time in any day than so stated, or at any time other than that stated in said printed notice, shall be deemed prima facie evidence of a violation of the provisions of this section. (109) Section 4.-That no child shall be employed, permitted, or suffered to work (1) in any quarry, tunnel, or excavation, or (2) in any tobacco warehouse or cigar or other factory where tobacco is manufactured or prepared, (3) and that no girl under the age of sixteen years shall be employed, permitted, or suffered to work in any retail cigar or tobacco store, or in any hotel boarding house, or as an usher, attendant, or ticket seller in any theater or place of amusement. (110) Section 5.-For the purposes of this Act, occupations dangerous to health shall be deemed to be, and no child under sixteen years shall be permitted or suffered to work therein, the following: blacksmith shops, silvering of mirrors, making bread outside of regular hours, perfume and medicine factories (excepting work in nitric acid and the polish with amil acetate, which may not be done by a minor under eighteen years of age), shops for the polishing of diamonds, cigar and cigarette factories and tobacco stripping and sorting shops. Occupations dangerous to health shall be deemed to be, and no minors under eighteen years of age shall be permitted or suffered to work therein, the following: smelters, tanneries, washing and ironing of clothes of persons affected with contagious diseases, acid factories and fertilizer factories, stone crushers, saw-mills, sugar central (in work having to do with machinery), pearl factories, at the place where the work is done with nitric acid and the polishing with amil acetate; Provided, that in case of the employment of children or minors in shops or factories whose industries are not comprised in this section, the Chief of the Bureau of Labor shall consult with the Insular Commissioner of Health, who shall have power to determine whether or not the occupation is a dangerous occupation within the meaning of this section; And provided, further, That when the Insular Commissioner of Health shall have determined, pursuant to this Act, that the occupation is dangerous to health, he shall issue an order prohibiting the employment of children and.minors in the said occupation. THE SCHOOL LAWS OF PORTO RICO 39 (111) Section 6.-No female under sixteen years of age shall be employed, permitted or suffered to work as a messenger for any telegraph or messenger company or service, in the distribution or delivery of goods or messages at any time. No male under sixteen years of age shall be employed, permitted or suffered to work as a messenger for any telegraph or messenger company or service in the distribution or delivery of goods or messages before five o'clock in the morning or after ten o'clock in the evening of any day. (112) Section 7.-That any person having in his custody or control a child under the age of sixteen years who shall employ, exhibit, apprentice, or sell, give away, or in any way dispose of such child with a view to such child being employed as an acrobat, or a gymnast, or a contortionist, or rope-walker, or in any exhibition of like character, or as a beggar, or street singer or musician, or any person causing or procuring such child to be so engaged, shall be deemed guilty of a misdemeanor and punished by a fine of not to exceed two hundred and fifty (250) dollars, or by imprisonment for not less than ten days or nor more than one year, or both. (113) Section 8.-That no child of fourteen and under sixteen years of age shall be employed, permitted or suffered to work, in, about, or in connection with any gainful occupation with the exception of domestic, farm and garden labor, unless his employer procures and keeps on file and accessible to any officer, inspector, or other person authorized to enforce or aid in enforcing this Act a permit to work during the school course, issued as hereinafter described, and keeps a complete list of all such children employed therein conspicuously posted in the place where such children are employed in such occupation. (114) Section 9.-That the work permit required by this Act shall be issued by the Chief of the Bureau of Labor, or by any person duly authorized by him, and shall state the name, sex, color, date of birth, and place of residence of the child. It shall certify that all the conditions and requirements for issuing a work permit under the provisions of this Act have been fulfilled and shall be signed by the person issuing it. It shall state the grade last completed by said child and the kind of evidence as to age accepted for the work permit. It shall, state the name and address of the employer for whom and the nature of the specific occupation in which the work permit authorizes the child to be employed, and no permit shall be valid excepting for the employer so named and for the occupation so designated. It shall bear a number, shall show the date of its DEPARTMENT OF EDUCATION issue, and shall be signed by the child for whom it is issued in the presence of the person issuing it, and shall be mailed to the employer by the Bureau of Labor. A record giving in full for each applicant the fact with reference to sex, color, date and place of birth, name, and address of parent, guardian, or custodian, name and address of employer and nature of the specific occupation in which the applicant desires to be certified, grade and school last attended, evidence of age, and date of issuance or date of refusal of certificate, with reason therefor in the latter case, shall be kept in the Bureau of Labor together with the physician's certificate of physical fitness, the school record, and the employer's statement of his intention to employ the child. Lists shall be sent once a week to each school during the school term giving the names and addresses of all children from that school to whom permits have been issued or refused. The Chief of the Bureau of Labor may furnish any one charged with the duty of enforcing this Act or aiding in its enforcement with a duplicate of all work permits issued or such information with reference to permits issued or refused as he may desire. (115) Section 10.-That the officers authorized in Section 37 of this Act to issue work permits shall issue such permits only upon the application in person of the child desiring employment, accompanied by the parent, guardian, or custodian of such child, or in default thereof by the municipal commissioner of education, and after having received, examined, and approved and filed the following papers, namely: (a) A statement signed by the prospective employer or by some one duly authorized on his behalf, stating that he expects to give such a child immediate employment, setting forth the specific nature of the occupation in which he intends to employ such child and the number of hours per day and of days per week which said child shall be employed and the daily time of the beginning and ending of such employment and of the period for lunch and agreeing to send the notice of the commnencement of employment and to return the work permit according to the provisions of this Act. (b) Proof of age as provided in Section 11 of this Act. (c) A certificate of physical and mental fitness as provided in Section 12 of this Act.' (d) A school record as provided in Section 13 of this Act. (116) Section 11.-That the evidence of age required by this Act shall consist of one of the following, which shall be required in the order herein designated: THE SCHOOL LAWS OF PORTO RICO 41 (a) A birth certificate or attested transcript issued by a registrar of vital statistics or other officer charged with the duty of recording births. (b) A baptismal record or duly certified transcript thereof showing the date of birth and place of baptism of the child. (c) A passport or a certificate of arrival issued by immigration officers of the United States showing the age of the child. (d) Other documentary record of the child's age satisfactory to the Chief of the Bureau of Labor; Provided, That a school record, a school-census certificate, or a parent's, guardian's, or custodian's affidavit or statement of the child's age. shall not be accepted except as specified in paragraph (e). (e) A certificate of physical age, signed by a physician assigned by the municipal commissioner of education for such purpose and based upon a physical examination made upon request of father, mother, guardian, or custodian of the child. Such certificate shall state the height and weight of such child and other evidence upon which the opinion as to the age of such child is founded. No fee shall be charged for this certificate. A parent's, guardian's, or custodian 's affidavit of age, and a record of the age as given in the register of the school first attended by the child, if obtainable, or in the earliest available school census, shall accompany the physician's certificate of age. And no work permit shall be issued if any of the above sources shows the, child to be under the age of fourteen years. No evidence authorized by a subsequent subdivision of the order of proof herein enumerated shall be accepted unless there be received and filed substantial evidence that the proof required by the preceding paragraphs can not be obtained. If subsequent proof of age of the sort required under Section 11 of this Act shall be likewise filed and shall conclusively establish the falsity of the proof previously filed, the Chief of the Bureau of Labor shall cancel the permit and issue or refuse a new one according to the age thus established. The proof of age in the files of the bureau shall be receivable in all future applications for permits without such proof being again required. But upon each new application the applicant's physical fitness for the particular employment must be reestablished as hereinafter provided. (117) Section 12.-That the certificate of physical and mental fitness required by this Act shall be signed by a physician assigned by the municipal commissioner of education for such purpose. It DEPARTMENT OF EDUCATION shall show the height and weight of the child and shall state that the said child has been thoroughly examined by the said physician at the time of his application for a work permit, has attained the normal development of a child of his age and is in sound health, and is physically and mentally qualified for the employment specified in the statement submitted in accordance with the requirements of this Act. No fee shall be charged for the certificate. (118) Section 13.-The school record required by this Act for a work permit shall be filled out and signed by the teacher of the class last attended by the child, and countersigned by the principal of the school, whether public, private or parochial, or by some one duly authorized by him. It shall certify that the said child is able to read and write correctly sentences in either English or Spanish; that he has satisfactorily completed the fifth grade of the elementary-school course prescribed for the public schools of Porto Rico, if in graded schools, or the fourth grade, if in rural schools, or that he has regularly received, in a private or parochial school, instruction deemed equivalent by the Commissioner of Education to that prescribed for the public schools. Such school record shall give also the full name and the date of birth of the child, as well as the grade last completed, and his residence as all this appears on the records of the school. (119) Section 14.-That the Chief of the Bureau of Labor, or any person duly authorized by him, shall have authority to issue a vacation permit to a child between the age of fourteen and sixteen years, permitting employment during the regular summner-vacation period of the public schools, if the age of such child has been proved according to Section 11 of this Act and such child has in all other' respects fulfilled the requirements for a work permit as specified in this Act. These permits shall be different in color from the permit to work during the school course, prescribed by this Act, and shall be valid only during the regular summer vacation of the public schools. (120) Section 15.-That every employer receiving permits issued to children to work during the school course, or permits to work during vacations, shall notify the bureau within three days, in writing, of the time of the commencement of the employment of the child to whom the permit refers, and within three days of the termination of the employment shall return said permit to the bureau- Failure to serve such notice shall be cause for the refusal of further permits upon the application of such employer. Re THE SCHOOL LAWS OF PORTO RICO 43 turned permits shall be filed and the proper school authorities notified. (121) Section 16.-That upon the request of any employer who is desirous of employing a child who represents his or her age to be sixteen years or over, the officer issuing permits shall determine the age of such child as provided in Sections 11. If it be found that the child is actually sixteen years of age or over, said officer may issue to such employer a statement of age, which shall state the name, sex, color, address, and date of birth of such child and the kind of evidence of age accepted, and a record of the issuance of said statement of age and the facts upon which it was issued shall be kept in the Bureau of Labor. (122) Section 17.-That whenever any labor inspector shall have reason to doubt that any child employed in any occupation for which a permit is required by this Act and for whom a work permit or vacation permit or statement of age is not on file has reached the age of sixteen years, such labor inspector may make demand on such child's employer that such employer shall either furnish him within ten days the evidence required for a work permit showing that the child is in fact sixteen years of age or shall refuse to employ or permit or suffer such child to work. In ease such employer shall fail to furnish such evidence to the chief labor inspector within ten days after such demand, and shall thereafter continue to employ such child, or permit or suffer such child to work in such factory or manufacturing or business establishment, such employer shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalty imposed by Section 19 of this Act, and proof of the making of such demand and of failure to deliver such permit shall be prima facie evidence, in any prosecution brought for violation of this provision that such child is under sixteen years of age, and is unlawfully employed. (123) Section 18. —That any physician assigned for the purpose by any Municipal Commissioner of Education of Porto Rico, who makes physical examinations of children as authorized by this Act, shall have authority to inspect any work place in which a child is employed, for the purpose of determining whether the nature of his occupation or the condition of work are likely to be harmful to the health of the child. If the physician finds it necessary, as a result of such inspection, he shall make a medical examination of such child if it appears from the examination that such child is physically or mentally unfit to be employed in the occupation DEPARTMENT OF EDUCATION in question, the medical examiner shall recommend to the Chief of the Bureau of Labor that the permit to work during the school course or the permit to work during vacation issued to such child be canceled and the said chief is hereby empowered to cancel such permit. (124) Section 19.-That whoever employes, procures, or permits a minor to be employed in violation of any of the provisions of this Act or rulings made by the Chief of the Bureau- of Labor as provided for in Section 5 of this Act, or who refuses or obstructs entry or inspection authorized by Section 27 of this Act, shall for a first offense be punished by a fine of not to exceed one hundred (100) dollars, or by imprisonment not to exceed thirty days, or in the discretion of the court by both such penalties. Whoever continues to employ a minor in violation of the provisions of this Act, after being notified by any officer or other person authorized to enforce this Act or to aid in its enforcement shall for every day thereafter while such employment of each child continues, be punished by a fine of not to exceed two hundred (200) dollars, or by imprisonment for not to exceed sixty days, or in the discretion of the court by both such fine and imprisonment; and whoever forges or procures to be forged or assists in forging, or, with intent to evade any of the provisions of this Act. alters a certificate of birth or other evidence of the age of any child, and whoever presents or assists in presenting a forged or altered certificate of evidence of birth, and whoever misrepresents the age of such child for the, purpose of fraudulently obtaining a permit to work during the school course or during vacations, require by this Act. shall be punished by a fine of not to exceed five hundred (500) dollars, or by imprisonment for not to exceed one year, or by both such fine and imprisonment in the discretion of the court. (125).Section 20.-That it shall be the duty of police officers, of fiscals of the juvenil courts, and all other law-enforcement officers of Porto Rico to cooperate in the enforcement of this Act by reporting violations to the Chief of the Bureau of Labor. (126) Section 21.-That every parent, guardian, or other person residing in Porto Rico, having charge or control of a child between the ages of eight and fourteen years shall cause such child to be regularly instructed in a public or in a private or parochial school and to attend regularly such school during the period of each year the public schools of the Island are in session on the customary days and during the customary hours of the school term, provided that such instruction is deemed equivalent by the Commis THE SCHOOL LAWS OF PORTO RICO 45 sioner of Education to the instruction in the public schools, and that the provisions of this Act shall not apply to a child between fourteen and sixteen years of age who has received a work permit issued according to the provisions of Section 10 of this Act, and who is actually, regularly, and lawfully employed; Provided, That any parent, tutor, guardian or. other person residing in Porto Rico and having the custody of any child, who justifies that he has applied to the proper office for the enrollment of said child at the beginning of the school year and that there was no room available for said child in the public schools of Porto Rico, shall be exempt from liability for the violation of this Section. (127) Section 22.-That for the purpose of this Act instruction in a private or parochial school shall be deemed equivalent to instruction in a public school when the Commissioner of Education is satisfied that the period of attendance and the instruction are substantially equivalent to those provided for children of like age in the public schools and that absentees are reported to the proper officers in the same manner as is required in the public schools. (128) Section 23.-That an accurate daily record of the attendance of all children between eight and fourteen years of age, both inclusive, shall be kept by the teacher of every public, private, or parochial school. Such record shall at all times be open to the inspection of the proper officers or other persons duly authorized to enforce this Act, who may inspect or copy the same; and every such teacher who shall wilfully neglect ol refuse to answer fully all inquiries lawfully made by such authorities, inspectors, or other persons shall be punished by a fine not to exceed fifty. (50) dollars. (129) Section 24.-That it shall be the duty of every principal or head teacher of every public, private, or parochial school to report to his immediate chief, and the latter to the Chief of the Bureau of Labor, the name of any child enrolled in his or her school who has been absent from school one week during any school month for the purpose of working, and such notice shall be sent to the Bureau of Labor immediately after such absence. Every principal or head teacher who neglects or refuses to comply with the requirements of this Section shall be punished by a fine of not to exceed fifty (50) dollars. The Commissioner of Education may issue a certificate excusing from attendance at school a child who is found to be mentally ofr physically unfit to attend, after examination as specified by such board; Provided, however, That if the examination shows that a child DEPARTMENT OF EDUCATION may benefit from instruction in an ungraded or special class, he shall attend such class. A school principal may excuse a child from school for not more than two weeks in any consecutive period of three months, provided that the parent, guardian, or other person having charge or control of said child furnishes to the principal or teacher, within at least two days after the first day's absence, a written excuse setting forth the cause of absence and provided that the excuse assigned for absence is lawful as defined by the regulations of the Department of Education. (130) Section 25.-That any parent, guardian, or other person in the Island of Porto Rico, having charge or control of a child between the ages of eight and fourteen who causes, permits, or allows any child under his or her charge or, control to be absent from school unlawfully for one week or its equivalent in any school month shall be notified in writing by the proper officer to cause said child to attend as herein provided. If, after service of such notice, said child is again absent from school unlawfully during that school month or is absent from school unlawfully one week or its equivalent during any subsequent school month, the parent, guardian, or other person having charge or control of said child, upon complaint of the said officer and upon conviction, shall be punished by a fine of not to exceed twenty-five (25) dollars or committed to jail for a term of not to exceed twenty days, or by both penalties in the discretion of the court; but upon conviction for the first offense, sentence may, upon payment of cost, be suspended until a conviction of the same, person for a second offense with respect to the same child. (131) Section 26.-That any parent, tutor, guardian, teacher, or other person who makes a false statement concerning the age or school attendance of a child between the ages of eight and fourteen who is under his control, such false statement being made with intent to deceive under this Act, upon conviction shall be punished by a fine not to exceed fifty (50) dollars. Any person who induces or attempts to induce any child to be absent unlawfully from school, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school, upon conviction shall be punished by a fine not less than ten (10) dollars nor more than fifty (50) dollars. (132) Section 27.-That in order to enforce the provisions of this Act the Chief of the Bureau of Labor, labor inspectors and other officers duly appointed under the terms of this Act, are hereby THE SCHOOL LAWS OF PORTO RICO 47 authorized to enter any place or establishment covered by the terms of this Act, shall have power to inspect permits to work during the school course or during vacations or statements of age kept on file by the employer or documents in the possession of a child and such other records as may aid in the enforcement of this Act. The person authorized to issue work and vacation permits and street badges shall have authority to administer all necessary oaths, but no fee shall be charged for this or any other service rendered by the bureau provided for in this Section. (133) Section 28.-That the juvenile courts of Porto Rico are hereby given jurisdiction in all cases arising under this Act. (134) Section 30.-That if any provisions of this Act or the application of such provision to certain circumstances be held invalid, the remainder of the Act and the application of such provision to circumstances other than those as to which it is held to be invalid, shall not be affected thereby. NIGIHT SCHOOLS (135) Section 61.-The Commissioner of Education upon application of twenty young persons unable to attend day school for justified reasons, may establish a night school and may close the same when the average attendance in any one month does not reach twelve students. Adults may be admitted to night schools when in the judgment of the local school authorities they are able to profit by the instruction offered, an their presence in the said night school will not operate to the exclusion of eligible young persons who desire admission. EDUCATION OF ILLITERATE CHILDREN AND ADULTS 62 (136) Section 1.-For the purpose of promoting the education of illiterate children and adults before the census of 1920 is made, the Commissioner of Education is hereby directed to prepare and publish regulations fixing the award of cash prizes which shall be granted to public-school teachers undertaking, without additional compensation from the Insular Treasury, the teaching of illiterate children and adults to read and write. (137) Section 2.-Any teacher who at the end of the school year, shall satisfactorily show that he has taught adult persons to read and write Spanish, shall be entitled to an additional compensation of five (5) dollars from the Treasury of Porto Rico for each 2 Act of Max 20, 1919. DEPARTMENT OF EDUCATION such illiterate person provided the number of persons so taught shall not be less than ten; Provided, however, That in order to receive such additional compensation it shall be an essential requisite that such teacher does not receive any compensation for such instruction, and that the student has not attended any other public school as an enrolled pupil; Provided, That the Commissioner of Education shall prepare the curriculum and regulations governing the instruction of illiterate persons pursuant to the provisions of this Act, and he shall also select, in accord with the school boards, the teachers and private persons who shall receive the benefits of this Act in each town, in so far as it refers to the compensation hereby authorized. (138) Section 3.-Any person who, at the end of the school year, shall show that he has taught children to read and write Spanish, shall be entitled to a compensation of five (5) dollars for each child so taught, provided the number of children shall not be less than ten; Provided, That this Section shall not apply to any charitable religious congregation devoted to education in any of its forms. (139) Section 4.-A board is hereby created, composed of the president of the school board, the supervisort of schools and the municipal mayor, which board shall see that persons entitled to receive the compensation provided by this Act shall satisfactorily show that the children and adults taught by them did not known how to read or write Spanish; Provided, That such persons shall notify the board of the date on which such instruction begins and ends. (140) Sqetion 5.-The Commissioner of Education through the supervisor of schools, shall have power to supervise the aforesaid work. (141) Section 6.-Upon approval by said board of the work done by the teacher or other person, a certificate thereof shall be sent by it to the Commissioner of Education, who shall direct the Treasurer of Porto Rico to make proper payment. (142) Section 7.-For the purpose of carrying out the provisions of this Act there is hereby appropriated the sum of twenty thousand (20,000), dollars annually which shall be appropriated in the budget. ELEMENTARY NIGHT SCHOOLS IN THE RURAL DISTRICTS 63 (143) Section 1.-That night schools shall be established in each section of every barrio having a population of three hundred (300) or over; Provided, That wherever possible, and for the pur63 Act of May 26, 1919. THE SCHOOL LAWS OF PORTO RICO 49 poses of this Act, schools already established for day instruction shall be used. (144) Section 2.-That the school board of the respective municipality shall appoint with the approval of the Commissioner of Education, the necessary teachers for the aforesaid schools; Provided, That the Commissioner of Education, upon recommendation of any school board of Porto Rico, be, and he is hereby, authorized to issue special-teachers' licenses to such persons as have completed their elementary course and possess all other legal qualifications. (145) Section 3.-That it shall be the duty of said teachers to teach reading, writing and the four primary rules of arithmetic. (1%16) Section 4. -That class hours in the aforesaid schools shall be from 7 p. m. to 9 p. m. (147) Section 5.-That there shall be admitted to such schools all persons from the section of the barrio, or its vicinity, where the school is established, irrespective of their number, provided there are not less than twenty (20) nor more than fifty (50). (148) Section 6.-That the Department of Education shall aIlow said teachers a compensation of fifteen (15) dollars a month; Provided, That the school boards be, and the same are hereby, authorized to establish such schools with their surplus funds. (149) Section 7.-That for the purpose of this Act there is hereby appropriated, from any funds in the Treasury of Porto Rico not otherwise appropriated, the sum of fifteen thousand (15,000) dollars; Provided, That said appropriation shall be included in the budget of expenses of the People of Porto Rico for the fiscal year 1919-20, and thereafter. TRAINING COURSES FOR RURAL TEACHERS IN THE HIGH.-I SCHOOLS 64 (150) Section 1.-That the Commissioner of Education ig hereby,fiiiorized, empowered and directed to establish special courses for the training of rural teachers in certain high schools, said courses to be in connection with the regular courses leading to high-school diplomas. (151) Section 2.-That the Commissioner of Education is hereby authorized to issue a rural teacher's license to any holder of a highschool diploma who has completed the prescribed course of professional training for rural teachers. " Act of June 14, 1919. DEPARTMENT OF EDUCATION SUPERVISOR OF SCHOOLS (152) Section 165 -That all sections of the Compiled School Laws of Porto Rico, and all other' laws or parts of laws containing the term "supervising principal" are hereby amended by substituting the words "supervisor of schools" for the terms "supervising principal", the singular to include the plural. (153) Section 62.60-Supervisors of Schools shall be at all times under the immediate control and guidance of the Commissioner of Education, who shall prescribe their duties. They shall in every respect consistent with the welfare of the schools, cooperate with and assist their respective school boards in the performance of their duties under the law. They shall make an annual report to the Commissioner of Education on the condition of the schools in their,district. Said report shall be presented June first of each and every year. They shall make such additional reports, statistical or otherwise as the said Commissioner of Education may direct. No person shall be eligible for appointment to the position of supervisor of schools who has not had at least one year's experience as a teacher in the public schools of Porto Rico and who shall not, in the judgment of the Commissioner of Education, possess a practical knowledge, reading, writing and speaking, of the Spanish and English languages; Provided, That after June 30, 1909, no person shall occupy the position of supervisor of schools who shall not hold a principal's license issued by the Department of Education of Porto Rico, in pursuance of the provisions of Section 38 of an act entitled "The Codified School Law of Porto Rico," approved March 12, 1903. (154)67 The Commissioner of Education may in his discretion authorize principal teachers to act as assistants to supervisors of schools in any district. During the period of such authorization the Department of Education may appoint graded teachers as substitutes for the said principals and such substitutes shall be paid by the Department of Education. When any principal is assigned as assistant to a supervisor of schools he shall be allowed an additional compensation at the rate of ten dollars per month during the period of such services. Section 63.-(See paragraph 44.) Section 64.-(See paragraph 45.) Section 65.-(See paragraph 46.) Act of March 10, 1916. "As amended March 12, 1908. ' Act of March 9, 1905. THE SCHOOL LAWS OF PORTO RICO 51 SPECIAL DUTIES AND POWERS OF THE COMMISSIONER OF EDUCATION (155) Section 66.68-The Commissioner of Education being required by Act of Congress of April twelfth, nineteen hundred, to supervise education in Porto Rico,* he shall, to comply with said act, approve all disbursements made on account thereof; he shall appoint as occasion may require an officer for each municipality, to be known as supervisor of schools, and these supervisors of schools shall be subject to the Commissioner of Education in all respects; the power to appoint such officers shall reside fully in the Commissioner of Education, who shall consult and, as far as possible, shall attend the recommendations of the respective school boards interested regarding candidates, but temporary appointments may be made by the Commissione' without such consultation and for a maximum term of two months; until the time that a supervisor of schools shall be provided for each municipality, the Commissioner shall have power to group two or more municipalities into a district, the schools of which are to be und'er the supervisnon of one supervisor of schools; with the underst:ndli~n. th~at the mnumber of schools in each district shall not be over fifty nor less than twenty-five on the basis of the allotment for the preceding year; for the purpose of salary for supervisors of schools, the municipalities shall be divided into three classes: First class, those containing more than one hundred schools; second class, those containing from fifty to one hundred schools; third class, those containing less than fifty schools; until otherwise provided by law the salary of supervisors of schools in municipalities of the first class shall be fifteen hundred (1,500) dollars per annum, payable from the appropriation known as "salaries, common schools;" the salary of supervisors of schools in municipalities of the second class, shall be thirteen hundred (1,300) dollars per annum, payable from the appropriation knqwn as "salaries, common schools"; the salary of supervisors of schools in municipalities of the third, class shall be twelve hundred (1,200) dollars per annum, payable from the appropriation known as "salaries, common schools;" in addition to the salary the school board of each municipality in which the supervisor of schools is resident, shall provide house and office rent of not less than twenty (20) dollars per month, for the supervisor of schools in districts in which the supervisor of schools is in charge of the schools of more than one municipality, the school boards, or school boards, of the municipality or municipalities, in which the su~sAs amended March 12, 1908. * This provision is uow contained in Section 17 of the Act of Congress of March 2, 1917. DEPARTMENT OP EDUCATION pervisor of schools is not resident, conjointly, in instances where more than one municipality are so contained, or singly, in instances of a single municipality, shall pay to the supervisor of schools not less than twenty (20) dollars per month for traveling expenses; school boards may add as they see fit to the salaries of supervisors of schools, but every such addition shall be subject to the approval of the Commissioner; the Commissioner of Education slhall appoint three (3) officers who shall be known as general superintendents and who shall be subject in all respects to the Commissioner who shall prescribe their duties; the salary of each general superintendent of schools shall be eighteen hundred (1,800) dollars per annum, payable from the appropriation known as "salaries, office of the Commissioner of Education"; the Commissioner shall prepare and publish all courses of study for the schools; he shall conduct all examinations for teachers' certificates and issue licenses or certificates to teachers; he shall fix the salaries of teachers, Provided always the amounts so designated shall not be in conflict with law; he shall select and purchase all school books, supplies, and equipments necessary for the proper conduct of education, except as otherwise provided by law; he shall approve all projects and plans for public school buildings to be erected in Porto Rico, where the same are to be at the cost of The People of Porto Rico; but where the same are to be at the cost of the school boards, or at the cost of the latter and of The People of Porto Rico, then there shall be such participation by the school boards that no project or plan shall be approved without the consent of the respective school boards; he shall require and collect such statistics and reports from school boards, supervisors of schools and teachers, as he may from time to time deem necessary to the welfare of the school system, and he shall formulate such rules and regulations as he may deem necessary for the effective administration of his office. (156)'< The Commissioner of Education shall provide whatever may be necessary for placing in each rural school of the Island of Porto Rico and in such graded schools as in his opinion is desirable, bulletins, in thie English and Spanish Languages which bulletins are to be prepared under the direction of the director of the anemia dispensary service, briefly and clearly explaining: (a) What is uncinariasis. (b) Its causes and effects. (c) How it may be prevented. * Acts of March 12, 1909, ald March 9, 1911. THE SCHOOL LAWS OF PORTO RICO 53 (157) The Commissioner of Education shall provide whatever may be necessary for placing in graded schools of the island and in such rural schools as in his opinion is desirable, bulletins in the language which is the basis of instruction in each particular school, said bulletins to be prepared under the direction of the Director of the anemia-dispensary service, briefly and clearly explaining: (a) What is tuberculosis. (b) Its causes and effects. (c) How it may be prevented. (158) The Commissioner of Education shall take such steps as may be necessary to see that the attention of the pupils is called to the contents of said bulletins. (159)70 It shall be the duty of all courts of justice, fiscals, departments of the Insular Government, municipal officers and any other insular or municipal officials, to forward such information (criminal statistics) as may be required of them by the Attorney General and also to fill out the blanks sent to them for that purpose. BANDS OF MERCY 71 (160) Section 1.-The Commissioner of Education of Porto Rico is hereby directed to establish compulsory Bands of Mercy in all the rural, elementary and high schools under his jurisdiction, and to prepare rules for their better functioning and development. (161) Section 2.-The Commissioner of Education shall require an annual report from school inspectors concerning the work and the practical results obtained in their respective districts as regards these Bands of Mercy. SCHOOL LUNCH RoOM 72 (162) Section 1.-School lunch rooms shall be established in all the public schools of the island, to provide food for poor children during the hour between the morning and the afternoon classes. (163) Section 2.-School lunch rooms shall be under direction of the municipal school director of each town and city of the Island of Porto Rico, and the municipalities are hereby required and directed to set aside in their budgets a sum in harmony with their economic conditions for the establishment and maintenance of the said school lunch rooms. (164) Section 3.-Municipal school directors are hereby au'7 Section 9, Act of March 11, 1909. 1J. R. of June 17. 1925. U2Act of June 17, 1925, amended May 9, 1927. DEPARTMENT OF EDUCATION thorized to receive all kinds of financial aid or emoluments from private citizens or associations, for the purpose of establishing, extending or maintaining school lunch rooms, and they are hereby authorized, empowered and directed, with the cooperation of the teachers. parents, children and private persons or associations desiring to assist in protecting said school lunch rooms and in maintaining them permanently, to initiate all kind of public performances for the purpose of obtaining voluntary subscriptions; Provided, That amounts collected as fines imposed by the Peace Court of Culebra, Porto Rico, shall be deposited in the Treasury of Porto Rico in a special trust fund to be known as 'Fines, Culebra Peace Court, Porto Rico, Trust Fund', and shall be available for the maintenance of the school lunch rooms of the Island of Culebra, Porto Rico, upon corresponding vouchers signed by the Mayor and the Secretary of the Government of the Island of Culebra, Porto Rico. (165) Section 4. - Municipal school directors shall prepare, and they are hereby directed to prepare, regulations establishing the rules, purposes and manner of operating school lunch rooms, and, if they deem it advisable to do so, to hold assemblies of the parents of the children attending school, so as to impart popular sanction to such regulations. Committees composed of teachers, parents and children may be designated in each school or group of schools, for the administration and government of the respective school lunch rooms under the supervision of the school directors. (166) Section 5.-In each regular insular budget an appropriation shall be made to aid the municipalities whose resources will not allow them to defray the expenses of said school lunch rooms. Section 68.-Repealed by subsequent legislation. Section 69.-Repealed by subsequent legislation. Section 70.-Repealed by subsequent legislation. ANNUAL REPORT (167) Section 67.-The Commissioner of Education shall, on or before the first day of 'October of each year, transmit to the Governor a full report of the operations of his department, of all expenditures made therein, together with such statements, facts and explanations concerning the educational system of the Island, and such suggestions and recommendations as he may deem appropriate. (168)73 The Commissioner of Education shall issue annually to the teachers, school boards and municipalities of the Island his anT8 Act of March 9, 1905. THE SCHOOL LAWS OF PORTO RICO 55 nual report to the Governor of Porto Rico concerning public education. SCHOOLS OF CULEBRA (169) Section 7.741-The public schools of the municipality of Culebra shall be a charge against the Insular Government, and upon the recommendation of the Mayor, the Commissioner of Education shall appoint such teachers as may be necessary and shall have complete control over the schools and school property and buildings of the Island. BooKS 5 (170) The Department of Education shall supply all books to be used in the public schools of Porto Rico to the supervisors of schools who shall distribute them to the principals and to rural teachers. The books so distributed shall be classed as old or new books. (171) Each teacher and each principal shall give a receipt for all the books delivered to him, specifying the number of new and the number of old books, and shall be held accountable for the invoice price of new books, and for half the invoice price of old books, in case such books be lost or torn. (172) The department shall procure for the use of the public schools in Porto Rico a reading book which shall contain the best passages of local literature in prose or verse, by leading Porto Rican writers, with brief biographical notices of each author. (173)76 The Commissioner of Education shall provide each school board and public library in the island with two copies of "Mujeres Puertorriquelias." (174) Section 1.77-That any student graduated from the eighth grade of the public schools of Porto Rico desiring to continue his studies in any of the public high schools, who is unable to do so for lack of financial means with which to acquire the necessary textbooks, may petition the Commissioner of Education to furnish him with such text-books, provided he merits the same because of his ability. The petition shall state: 1. The name of the applicant and of his nearest relative. " Law of April 21, 1928. " Act of March 9, 1905. " Joint Resolution of March 10, 1910. "TAct of November 9, 1917. DEPARTMENT OF EDUCATION 2. The school district in which he was graduated from the eighth grade. 3. That the applicant and the relatives upon whom he depends cannot dispose of the money necessary to purchase said text-books. 4. That the petitioner promises to be a good student and to comply faithfully with all his duties as such. Said petition shall be accompanied by a certificate issued by the principal teacher of the school in which the student obtained his eighth-grade diploma showing that the petitioner observed good conduct during the year in which he obtained said certificate. (175) Section 2.78-That the requirements of section 1 of this Act, having been complied with, the Commissioner of Education shall furnish the petitioner with such text-books as may be necessary for his studies during the respective school year, and unless the student shall thereafter observe bad conduct or the circumstance that he cannot purchase the necessary text-books ceases to exist, such books as may be necesary shall be furnished him from the beginning of each school year until he shall have finished his studies in the high school. (176) Section 3.7(9-To cover the cost of the new books to be furnished to students in accordance with this Act there is hereby appropriated from any funds in the Treasury not otherwise appropriated the sum of five thousand (5,000) dollars or such part thereof as may be necessary. SeCHOl ARSHIPS NORMAL SCHOOL s8 (177) Section 1.-That from the funds at their disposal, the School Boards of Porto Rico are hereby authorized, with the approval of the Commissioner of Education, to grant scholarships to the Normal Department of the University of Porto Rico, to persons who are in need of financial assistance to continue their studies, who show special aptitude for teaching and who are elegible for admission to the special course for the preparation of rural-school teachers, established by the Board of Trustees of the University, in the Normal Department of the University of Porto Rico. (178) Section 2.-That the school boards of San Juan, Ponce, Mayagiiez, and Arecibo may make provision for two scholarships and all other schools boards for one; that the annual amount set aside Ts Act of November 9, 1917. t9 Act of November 9, 1917. 80 Act of April 12, 1917. THE SCHOOL LAWS OF PORTO RICO 57 from the funds of school boards for the support of such scholarships students shall be $300 for each student, payable in ten equal installments, the first installment to be paid the student on leaving home to enter school; that such scholarships shall remain in force in the case of each student for a period of two-school years, unless sooner revokted for cause. (179) Section 3.-That candidates for scholarships under this Act shall not be less than seventeen years of age, of good health, of unquestioned moral character, and shall have maintained a high grade of scholarship during the year preceding their appointment. (180) Section 4.-That the support herein provided for may be withdrawn at any time for failure to carry (on) the prescribed work successfully, on account of continued ill health, or on account of improper conduct or failure to comply with all the rules, regulations, and other requirements of the University. (181) Section 5.-That original appointments shall be made on or before the first day of September, but vacancies may be filled at any other time. (182) Section 6.-That scholarship students appointed under this Act shall pledge themselves in writing, before entering upon their studies, to serve as rural-school teachers for a period of at least two years. SCHOLARSHIPS COLLEGE OF AGRICULTURE AND MECHANIC ARTS-AGRICULTURAL SCIENCES-MUNICIPAL FUNDS 81 (183) Section 1. —That from the funds at their disposal the municipalities of Porto Rico are hereby authorized to grant scholarships in the College of Agriculture and Mechanic Arts to young men who are in need of financial assistance to continue their studies who show special aptitude for agricultural work and who are eligible for admission to the special course in Agricultural Science, leading to the diploma in Agricultural Science, established by the Board of Trustees of the University, in the College of Agriculture and Mechanic Arts, located in Mayagiiez. (184) Section 2.-That the municipalities of San Juan, Ponce, Mayagiiez, Arecibo, Humacao and Guayama may make provisions for two scholarships and all other municipalities for one; that the annual amount set aside from the funds of municipalities for the support of such scholarship students shall be $200 for each student, l^Act of April 12, 1917. DEPARTMENT OF EDUCATION payable in ten equal installments, the first installment to be paid the student on leaving home to enter school; that such scholarships shall remain in force in the case of each student for a period of three-school years, unless sooner revoked for cause. (185) Section 3.-That candidates for scholarships under this Act shall not be less than sixteen years of age, of good health, of unquestioned moral character, and shall have maintained a high grade of scholarship during the year preceding their appointment. (186) Section 4.-That the support herein provided for may be withdrawn at any time for failure to carry (on) the prescribed work successfully, on account of continued ill health, or on account of improper conduct or failure to comply with all the rules, regulations, and other requirements of the University. (187) Section 5.-That original appointment shall be made by the mayor with the approval of the municipal council on or before the first day of September, but vacancies may be filled by him at any other time. SCHOLARSHIPS COLLEGE OF AGRICULTURE AND MECHANIC ARTS-AGRICULTURAL SCIENCES-INSULAR. FUNDS 82 (188) Section 1. —That for the purpose of aiding meritorious youths who shall have obtained at least fifteen credits in the high school or continuation school in the public schools of Porto Rico, in pursuing the study of agricultural sciences, forty (40) scholarships of two hundred and fifty (250) dollars a year each are hereby created in the College of Agriculture and Mechanic Arts of the University of Porto Rico, in Mayagiiez, which scholarships shall be covered in accordance with rules hereinafter provided. (189) Section 2.-The Scholarship Commission, created by Act No. 39, approved June 5, 1919, shall choose each year from among those who have obtained at least fifteen credits in the high school of' continuation school, forty youths of good health, good conduct and application to study, who otherwise, because of poverty, can not avail themselves of the advantages of the aforesaid instruction, to whom the scholarships hereby established shall be awarded. Provided, That not less than five of these forty youths shall have their residence in each of the senatorial districts of Porto Rico. (190) Section 3.-Said scholarships shall be considered as a reward for application to, and excellence in, public-school studies. u Act of July 14, 1923. THE SCHOOL LAWS OF PORTO RICO 59 In making the selection the said Scholarship Commission shall consider the monthly reports of the pupils for the year, preceding the high-school or continuation-school examinations, as well as the results of such examinations. Giving the average of the monthly reports and of the high-school or continuation-school examinations equal weight, it shall establish the minimum combined average to be required for appointment as provided in this Act. No person who shall have failed to obtain the minimum number of credits previously stated shall be chosen for one of said scholarships, and when there are several qualified candidates in a determined electoral district, preference shall always be given to those obtaining the highest combined average. (191) Section 4.-All awards of the aforesaid scholarships shall be made for one school year, commencing with the school term of the present year 1923. (192) Section 5.-The sum of twenty dollars and eighty-three cents ($20.83) shall be paid monthly in advance to each of the youths awarded said scholarships, oir to his parents or lawful tutors, payment of the first monthly allowance to be made when the student enters the college. (193) Section 6.-To carry out the provisions of this Act the sum of ten thousand (10,000) dollars, or such part thereof as may be necessary, is hereby appropriated out of any funds in the Treasury not otherwise appropriated. SCHOLARSHIPS COLLEGE OF AGRICULTURE AND MECHANIC ARTS-ARCHITECTURE s8 (194) Section 1.-That for the purpose of pursuing the course in architecture at the College of Agriculture and Mechanic Arts, Mayagiiez, Porto Rico, the Board of Trustees of the University of Porto Rico is hereby authorized and directed to select ten (10) young men who have obtained the high-school diploma or who have completed the subcollegiate course of the College of Agriculture and Mechanic Arts; that special preference shall be given to those young men who lack means for defraying their expenses and who have shown special aptitute for architectural studies and have maintained a high record in their studies and conduct during their high-school course. (195) Section 2.-That the scholarships granted under the pro8'Act of July 7, 1921. DEPARTMENT OF EDUCATION visions of section 1 of this Act shall remain in force and effect until the beneficiaries receive diplomas, degrees, or certificates of graduation; Provided, That any scholarship may be cancelled for failure on part of any scholarship student to show proper conduct, diligence and ability to pursue the course of study in architecture, and a scholarship so cancelled may be assigned to any new student selected by the Board of Trustees of the University of Porto Rico. (196) Section 3.-That for the purpose of carrying out the provisions of this Act there is herxeby appropriated from any ifunds in the Insular Treasury not otherwise appropriated the sum of five thousand (5,000) dollars, which shall be deemed to be appropriated for' each of the two ensuing fiscal years, beginning July 1, 1921, and ending June 30, 1923. That from the amount thus appropriated each scholarship student shall receive from the Insular Treasury the sum of forty (40) dollars per' month during ten months of the year, the first installment to be paid to each student upon leaving his home to go to the College of Agriculture and Mechanic Arts of Porto Rico. That these scholarship students shall not be charged any matriculation, laboratory or other incidental fee, except such as may be necessary for the Military Department of the College of Agriculture and Mechanic Arts; text books, supplies, and necessary instruments shall be paid from the appropriation made by this Act, and the said books, supplies and instruments shall remain the property of said student. SCHOLARSHIPS ARTS AND TRADES, IN THE UNITED STATES 84 (197) Section 1.-That a commission is hereby created which shall be known as the Scholarship Commission, to be composed of the President of the Senate, the Speaker of the House of Representatives, the Commissioner of Education and two other members to be designated by the Governor of Porto Rico. (198) Section 2.-That when the commission referred to in the preceding section shall have been constituted, they shall proceed to select twelve youths who shall be fourth-year graduates of high schools and shall have a record of excellent, six of whom shall be sent to trade schools and six to agricultural schools in the United States; Provided, That selection shall be made of youths lacking means for their' education and who shall be recommended by the corps of teachers of the proper school. 4 Act of June 5, 1919. THE SCHOOL LAWS OF PORTO RICO( 6 I (199) Section 3.-That the scholarship shall cojmprise a complete course sufficient to graduate the grantee in the art or trade which he may study. (200) Section 4.-That the Commissioner of Education shall keep in touch with the colleges or universities where the grantees hereunder may be studying, and shall keep a, complete record of their studies; Provided, That should any of the students fail to show sufficient application to study, or should through negligence fail to pass in any course, his scholarship shall be cancelled. (201) Section 5.-That upon accepting scholarshipis the youths referred to in this Act shall dffer to work in Porto Rico, after' graduating, for at least four years, and to contribute to the development of industries in the Island. (202) Section 6.-That each youth shall receive from the Insular Treasury fifty dollars a month and a, sufficient sum to pay for a return-trip ticket to his destination and back. (203) Section 7.-That to carry out the provisions of this Act, there is hereby appropriated, from any funds in the; Insular Treasury, not otherwise appropriated, the sum of ten thousand dollars, which shall be included in the regular Appropriation Act commencing with the fiscal year 1919-20 and continuing during subsequent fiscal years. SciOLARSHIsPS (ADDITIONAL) ARTS AND TRADES, IN THE UNITED STATES 85 (204) Section 1. —Tlere are hereby created scholarships additional to the scholarships stated under the "Act creating scholarships to send high-school graduates to study in schools of arts and trades in the United States, and for other purposes," approved June 5, 1919. (205) Section 2.-The said scholarships shall be granted by the Scholarship Commission, pursuant to the provisions of the "Act creating scholarships to send high-school graduates to study in schools of arts and trades in the United States, and for other purposes," approved June 5, 1919, and in the manner therein prescribed, the number thereof being the same as fixed by the Scholarship Commission in accordance with the amount prescribed for the said purpose. (206) Section 3.-The additional scholarships created by this *Act shall be granted by the Scholarship Commission for a complete course sufficient for graduation of tile student benefited by this Act, s5 Act of July 7, 1923. DEPARTMENT OF EDUCATION in such career as he may pursue, pursuant to the provision hereof. But the Scholarship Commission may, out of the funds appropriated in this Act, grant scholarships for one or more years to such young men who, after beginning 'their university course, can not continue the same for lack of means, provided it is so recommended by the deans of the universities or colleges at which they have pursued their studies. (207) Section 4.-The Scholarship Commission may also provide, out of the funds appropriated in this Act, for the payment of such obligations as shall have been contracted prior to the approval hereof for the maintenance of students in colleges in the United States. (208) Section 5.-To carry out the provisions of this Act the sum of ten thousand (10,000) dollars is hereby appropriated out of any funds not otherwise appropriated, which sum shall be included in the regular budget for the fiscal year 1923-1924, and thereafter. SCHOLARSHIPS JOURNALISM 86 (209) Section 1.-The Scholarship Commission created by Act No. 39 of June 5, 1919, shall select, after the taking effect of this Act, two young men of good reputation to be sent to the School of Journalism of the University of Columbia, City of New York, United States of America. In addition to the qualifications required by the University of Columbia for admission to the regular course of the school of journalism, these young men shall prove to the Scholarship Commission that they hold a high-school diploma or degree of Bachelor of Arts or Bachelor of Sciences and further that they have satisfactorily engaged in journalism in Porto Rico for not less than four years. (210) Section 2.-The Scholarship Commission shall only select, for the purpose of complying with the provisions of this Act, such young men as lack the means with which to defray their expenses at said school. (211) Section 3.-Such scholarships shall comprise a complete course sufficient for the beneficiaries to graduate. (212) Section 4.-It shall be the duty of the Commissioner of Education to Communicate with the said educational institution for. the purpose of always having a'complete record of the studies taken "Act of July 28, 1928. THE SCHOOL LAWS OF PORTO PI.CO 63 up by the beneficiaries; Provided, That if any of the students shall not show sufficient application in his studies or through negligence fails to pass in a course, then the scholarship shall be withdrawn. (213) Section 5.-The person referred to in this Act, when accepting the scholarship, shall promise to teach or practice journalism in Porto Rico for at least four year after graduation. (214) Section 6.-Each of the beneficiaries shall receive from the Insular Treasury one hundred (100) dollars monthly, besides a sufficient amount of money for passage to and from the city of New York. (215) Section 7.-To'carry out the provisions of this Act there is hereby appropriated from any funds in the Insulat Treasury, not otherwise appropriated, the sum of two thousand five hundred (2,500) dollars annually during the years 1923 to 1925, inclusive. SCHOLARSHIPS GRADED SCHOOLS 87 (216) Section 1.-The municipalities of Porto Rico with the exception of San Juan, may appropriate in their budgets a sum which shall not be more than five (5) per cent of their total school funds, which amount shall be used for the payment of scholarships for poor pupils of the rural schools, pursuant to the conditions hereinafter stated. (217) Section 2.-The aforesaid scholarships shall be granted to brilliant pupils of rural schools, who have finished the course prescribed as the official course of study of the said schools and who, for lack of resources are unable to continue their studies in the graded schools of any town, until they finish the elementary course. (218) Section 3.-The municipal assemblies shall establish the said scholarships and shall grant them only to such pupils as reside in the rural districts of their respective municipalities, provided that they shall have attended the rural schools of their jurisdiction and shall have attained the highest average in their studies during the next preceding year, according to the report of the School Director and as shown by their report cards; Provided, That the municipal assemblies may withdraw these scholarships from those pupils whose conduct or school work is not satisfactory. (219) Section 4.-The maximum amount for such scholarships shall be ten (10) dollars per school month for each pupil. "Act of August 19, 1925. DEPARTMENT OF EDUCATION NOTE: Sections 71, 72, 73, 74, 75, 76 and 77 of the Compiled School Law have been repealed by the Act of April 12, 1917. TEACHERS' PENSION FUND 88 (220) Section 1.-That for the purposes of this Act the word "teacher" shall include not only those who teach in the classrooms, but also principals, supervisors, assistant supervisors, general superintendents and the public officers to which Section 6 of this Act refers. (221) Section 2.-A pension fund for the teachers of Porto Rico is hereby created in the following form: (a) With the funds at present existing under Act. No. 62, approved December 5, 1917, and amended by Act No. 79, approved July 21, 1921, and by Act No. 41, approved June 29, 1925; (b) With the contributions of the teachers municipalities and Insular Government, as hereinafter provided; (c) With the interest earned by these funds; (d) With all donations and legacies made to such fund, and any other moneys that may be obtained from other sources. (222) Section 3. —Every teacher who as such receives a salary from The People of Porto Rico for his services in that profession, rendered in any public institution of learning after this Act shall have gone into effect, shall contribute to the pension fund a certain per cent of his salary in accordance with the following scale: Teachers with from 1 to 5 years' practice ---.... 2 % Teachers with from 5 to 10 years' practice —.... 3 % Teachers with from 10 to 15 years' practice —.... 4 % Teachers with from 15 to 21 years' practice.. —.. 5 % Teachers with from 21 to 25 years' practice.. — 21/2% Teachers with 26 years' practice or more ----- 1 % From the date this Act takes effect and before he can become entitled to a pension, every teacher subject to the provisions of this Act who resigns his position after having contributed towards the fund for five years, shall be reimbursed one-half the total sum of his contributions; Provided, That any teacher to whom one-half the total sum of his contributions has been reimbursed as hereinbeforestated, and who is again engaged to teach in the public schools of Porto Rico, shall return said sum in the form determined by the Pension Board, if he wishesi to be entitled to have the years of service. 68 Law of May 8, 1928. THE SCHOOL LAWS OF PORTO RICO for which he contributed the aforesaid sum computed in his favor for the purposes of the pension. After the approval of this Act, all contracts made by teachers for teaching in the public schools shall be considered subject to the provisions hereof, and the payment of the contribution shall be a part of said contracts and shall be stated in them; Provided, That the annual sum with which each teacher must contribute to the pension fund shall be deducted monthly in equal parts; Provided, farther, That every teacher pensioned without having contributed to the Fund for a total of twenty-one years, except teachers pensioned because of physical disability, shall contribute five per cent of his pension for such number of calendar years as may be necessary to make up that time; And provided, further, That a deduction of ten per cent shall be made from the pensions, of pensioned teachers working in private schools recognized by the government, in private or public offices or in lucrative occupations of any kind, said deduction to be made in the manner in this section determined. For the purposes of this Act, a pensioned teacher shall be understood to mean any teacher who. having served the time stated in Section 14 of this Act, retires from the teaching force after his application for a pension has been approved by the Pension Board of Porto Rico. (223) Section 4.-All municipalities shall contribute a certain sum out of their school funds, in accordance with the following scale: municipalities of the first class, three (3) per cent; municipalities of the second class, two (2) per cent; municipalities of the third class, one (1) per cent; Provided, That the municipalities shall appropriate in their regular budgets the sum which they must pay under this Act which shall be payable within the first six months of the fiscal year. (224) Section 5.-The Insular Government shall contribute towards the Pension Fund forty per cent of all fines imposed by the courts of Porto Rico and received into the Insular Treasury as insular funds, except such fines as are imposed under the provisions of an Act entitled "An Act to prevent cruelty to animals", approved March 1, 1902; and the Treasurer of Porto Rico is hereby directed to withhold the amount of said fines and to cause their deposit in the teachers' Pension Fund. And the Insular Government shall likewise annually contribute the balances remaining out of the official appropriations for payment of teachers' salaries. To this end, the Treasurer and the Auditor of Porto Rico are hereby directed to DEPARTMENT OF EDUCATION credit to the teachers' Pension Fund such surpluses as may annually remain from such original appropriations. (225) Section 6.-Teachers of any class who may pass to occupy administrative positions in the Insular Department of Education, or in any municipal Department of Public Education in Porto Rico, or in any charity school fori boys or girls, shall have all the rights conferred, and duties imposed, upon teachers by this Act, it being an indispensable condition for the enjoyment of such rights and the performance of such duties that in such cases the Auditor of Porto Rico order the retention of such annual percentage of the quota for the pension fund as would correspond to a teacher in accordance with his salaries and years of practice at the time, and that the said quota be deducted in the same monthly proportion as that of the other teachers, whether the salary, comes from, municipal or insular funds; Provided, That if they so desire, superintendents and teachers of charitable institutions supported by The People of Porto Rico, ate free to accept the benefits of the Insular Government's Employees' pension Act in preference to this Act. (226) Section 7.-The time that any public-school teacher, duly licensed by the Department of Education of Porto Rico, may have served or may hereafter serve in any of the private schools in the island whose course of study has been approved by the Department of Education of Porto Rico and which is subject to inspection by the said Department, shall, for the purposes of this Act, be computed as if such services had been rendered in the public schools, provided the said private-school teachers contribute to the Pension Fund during the whole of said time the sum which they would have had to contribute if they had served in the public schools, and for the collection of such sums the Pension Board shall establish such rules as it may consider necessary. (227) Section 8.-That a Pension Board for the Teachers of Porto Rico to be composed of five members, as follows, is hereby created: The Commissioner of Education of Porto Rico, the Treasurer of Porto Rico, the President of the Teachers' Association of Porfto Rico, a school director and a teacher in active service; Provided, That the last two shall be appointed for a term of four years by the Governor of Porto Rico with the consent of the Insular Senate; And provided, further, That as soon as the school director or the teacher thus appointed ceases to serve as such, they shall give notice of the faot to the Chairman of the Board and to the Governor of Porto Rico; and they shall ipso futo cease serving as members of the said THE SCHOOL LAWS OF PORTO RICO 67 Pension Board, and the Governor shall immediately proceed to fill the vacancies in the manner prescribed by law. (228) Section 9.-The said Pension Board, once all of its members shall have been appointed, and within fifteen days after the said appointments, shall proceed to hold an inaugural meeting, in which a Chairman, a Vice-Chairman, and a Secretary shall be elected by a majority vote. They shall hold office until the regular annual meeting provided for hereinafter. At the said inaugural meeting such other matters as the Board may consider pertinent for its best direction and operation shall be considered; Provided, That the making of the call for the said inaugural meeting, which shall be in writing and shall state the time and place of the meeting, and shall be served at least three days in advance, shall be the duty of the Commissioner of Education of Porto Rico; Provided, further, That the members of said Pension Board shall serve gratuitously. However, those members who reside outside of San Juan shall be paid for their traveling expenses to and from the meeting and a per diem of not less than four (4) dollars, whenever they attend the meetings of the board. These expenses shall be vouched by means of receipts and shall be paid from the item of "Traveling Expenses and Per Diem" to be included in the budget that the Board shall make., (229) Section 10.-The Pension Board shall meet in the offices of the Department of Education of Porto Rico, in San Juan, for the purpose of holding their regular annual meeting, during the second week of June of each year, and it shall devolve upon the Chairman to make the call, stating the time and place, at least three (lays in advance of the date fixed for the meeting. At the said meeting there shall be considered such matters as may come up, and the meeting shall elect the officials of the board for the ensuing year. The Chairman may call a special meeting whenever the importance of the matters pending shall require it. If a member of the Board fails to attend three consecutive meetings, whether regular' or special, without good cause in the opinion of the Board, of which notice shall have been given in writing, his office shall be declared vacant by the Chairman of the Board and the Governor of Porto Rico shall be so informed in order that he may fill the vacancy in accordance with the provisions of this Act. (230) Section 11.-The office of any of the members of the said Board shall become vacant by reason of the death, resignation, failure to accept, removal, or absence from the Island for more than one year, 4..... I)EPARTMENT OF' ED)UCATION of any such member. Any member of the said Board may tender his resignation in writing to the Governor of Porto Rico. The Governor may remove any member of the Board for just cause, upon written charges being preferred against him and an opportunity being granted him to be heard in his own defense. (231) Section 12.-The Treasurer of Porto Rico shall be cxofficio treasurer of the Pension Fund and shall have custody of the funds; Provided, That the Treasurer shall deposit the said funds at interest in a bank selected by him with the consent of the Board, and the interest earnea shall become a part of the funds to be used for the purpose determined in this Act; Provided, That the Pension Board may invest such part of said funds as it may deem reasonable in bonds of the municipal or insular government of Porto Rico, or in United States government bonds, and that interest accruing on said bonds shall be added to the Pension Fund, for the purposes of this Act. (231 a) Section 13.-That the Pension Board shall have the following powers: (a) To make a budget of expenditures for its government and operation. (b) To appoint its employees, prescribe their duties and fix their salaries. Among these employees there shall be a file clerk at a salary of not to exceed one thousand dollars a year; Provided, That, such employees shall be teachers and as such shall contribute towards the Pension Fund with such percentage as shall be deducted according to Section 3 of this Act. (c) To carry out investigations in all matters related to its functions, and to summon witnesses and compel them to appear before the Board for the purposes of said investigations. The members of the Board are hereby authorized to administeir oaths to such witnesses. (d) To obtain reports from the municipalities and from any employee or private or government office whose duties are connected with contributions to the Pension Fund, and to prescribe forms for such reports. (e) To direct- the Treasurer of Porto Rico to pay pensions to teachers who may have retired in accordance with the provisions of this Act. No payment shall be made from the Pension Fund except on warrant signed by the Chairman of the Board, issued by virtue of a resolution adopted by a majority vote at a meeting of the Board and certified to by the secretary thereof. THE SCHOOL LAWS OF PORTO RICO (9 (f) The Board shall also have power to make regulations to suspend payment of the pensions in case it should be necessary to make an investigation, or when the funds of the Board are not sufficient to meet its obligations. In that case the Board may establish preferences in favor of the pensioned teachers who are most needy because of age or physical disability, and may borrow money for the payment of its obligations, on security of its receipts. (231 b) Section 14.-(a) Every teacher who has served for a term of not less than twenty-one years and who is at least forty-five years of age, shall be entitled to a pension according to the average of all salaries received by him during the years of service stated below, in accordance with the following scale: 21 years of service --- —---------------- 40% 25 years of service. ---__-___ --- —------ 50% 30 years of service --- —------------------- 60% Over 30 years of service --- —------------ 65% Provided, That the maximum pension shall in no case exceed six hundred dollars a year, and the minimum shall not be less than three hundred and sixty dollars in the case of teachers pensioned after rendering twenty-one years of service; Provided, further, That the Pension Board is hereby authorized to pay out of the Pension Fund bonus of ten dollars for each school month to every teacher who, being entitled to a pension, continues to render services as such teacher in the public schools of Porto Rico. (b) Any teacher who becomes physically unfiit to teach after having served for ten years in the public schools of Porto Rico, or in private schools as hereinbefore provided, shall receive a pension of two hundred and forty (240) dollars a year. (c) Any teacher who becomes physically unfit to teach before having served at least one school year in the public schools, and before having paid his quota to the Pension Fund, shall receive such pension as the Board may assign to him, which shall not exceed one hundred and fifty (150) dollars a year; Provided, That teachers pensioned by reason of physical disability shall have their pensions discontinued as soon as the said disability ceases and they engage in an occupation for which they receive compensation. (d) Teachers entitled to a pension shall make application therefor on blanks which the Pension Board shall furnish, said application to be accompanied by such documents as the Board may require. DEPARTMENT OF EDUCATION (e) The person or persons who at the time of the death of a pensioned teacher depended exclusively upon him for their support shall continue to enjoy the benefits of the pension for one year after the death of the pensioned teacher. (f) The benefits of this Act shall not be granted before the members have contributed towards the Fund for a term of five years after the date of the approval hereof, it being understood that the Board shall consider, without need of this requisite, any application for a pension made by teachers physically disabled or who are fifty years of age and have served for twenty-five years. (231 c) Section 15.-Pensions shall be paid on the last day of each month. Pensions shall be considered to run from the date on which favorable decision is rendered on an application, by the Pension Board. (231 d) Section 16.-All laws or parts of laws in conflict herewith are hereby repealed, it being understood that for the purposes of Section 14, this Act shall have retroactive effect from the date on which Act No. 62, approved December 5, 1917, and amended by Act No. 69, approved July 21, 1921, and by Act No. 41, approved July 29, 1925, became effective, teachers enjoying the benefits of these Acts to be subject to the obligations and entitled to the rights established hereby; Provided, That the Pension Board shall readjust the pensions of teachers pensioned prior to the date on which this Act takes effect, according to the provisions of Section 14 hereof. RETIREMENT FUND 89 (232) Section 1.-That a commission consisting of the Treasurer, Attorney General and the Commissioner of Education of Porto Rico be, and the same is hereby, created, which shall begin to perform the functions here provided for it as soon as this Act takes effect. (233) Section 2.-That the said commission shall cause to be published in two newspapers of general circulation in the Island, once a week for four consecutive weeks, a notice requiring the persons comprised in this Act to produce before it, within such reasonable time as the commission shall fix, all such documents, books and other evidence showing their right to pensions on retirements under Spanish legislation and royal decrees in force in Porto Rico upon the change of sovereignty, as well as under subsequent orders and laws approved by the Military Government of the United States in Porto Rico or by the Legislative Assembly of Porto Rico; and when the I Joint Resolution of June 12, 1919. THE SCHOOL LAWS OF PORTO RICO 71 commission is satisfied as to the rights of said teachers, it shall award to each of them such annual amount as he is to receive for the aforesaid reasons which award shall be certified by the commission to the Treasurer of Porto Rico, and such certificates shall be sufficient warrant for the said official to pay to each of the interested parties, the sum statedc in the said certificate. (234) Section 3.-That upon presentation of the said certificates, the Treasurer of Porto Rico shall pay to the person or persons therein mentioned, the annual sum stated in the same, until fully paid. (235) Section 4.-That for the payment of the said amounts the sum of three thousand dollars a year, or such part thereof as may be necessary, for the fiscal year 1919-20 and 1920-21, is hereby appropriated out of any funds in the Treasury, not otherwise appropriated; Provided, That for subsequent fiscal years said apptopriation shall constitute a charge against the Insular Government, and that payment thereof shall be provided for in the Appropriation Act. (236) Section 5.-That the commission hereby created shall exist until the credits of said teachers shall have been fully paid and shall submit such recommendations as it may deem advisable for the proper realization of the purposes of this Act to the Legislature at each regular session thereof. Section 79.-[Repealed March 10, 1904.] Section 80.-[Repealed March 10, 1904.] Section 81.-[Repealed March 10, 1904.] Section 82.-[Repealed March 10, 1904.] [J. R. No. 54] JOINT RESOLUTION PROVIDING A COMMISSION TO REVISE THE CLAIMS PRESENTED BY CERTAIN PUBLIC SCHOOL TEACHERS PENSIONED PURSUANT TO JOINT RESOLUTION No. 24 OF 1919, AND APPROPRIATING THE SUM OF FOUR THOUSAND DOLLARS FOR THE PAYMENT OF ANY INCREASED SUM WHICH IT MAY BE NEW ESSARY TO MAKE IN SAID PENSIONS, AND EXTENDING' THE BENEFIT OF A PENSION TO CERTAIN TEACHERS. Section 1.-To establish a commission composed of the Commissioner of Education, the Treasurer of Porto Rico and the Attorney General with authority to examine the claims of teachers pensioned under Joint Resolution No. 24 of June 1919. Section 2.-That the said Commission, within a term of sixty days from and after the date of the filing of the claim, shall revise the proceedings of the Coinmission designated under the aforesaid Joint Resolution and pass upon the legalities of such claims as shall be made by the said teachers, as well as upon such DEPARTMENT OF EDUCATION other claims as may be made by any other teacher, who being over sixty (60) years of age shall have taught in the public schools of Porto Rico for over twenty-five (25) years during the present or the former sovereignty and to whom the right for a pension is hereby granted. It shall be the duty of the Commission to fix the annual sum that each teacher shall receive for the reasons aforesaid, and the date from and after which they shall begin to receive the new pension, certifying to the Treasurer of Porto Rico the award so made, which shall constitute sufficient authority to the said officer to pay to each of the interested parties the sum stated in such certificate. Section 3.-For the payment of said sums the amount of four thousand (4,000) dollars, or such part thereof as may be necessary in each fiscal year, is hereby appropriated out of ally funds in the Treasury not otherwise appropriated; Provided, That for the fiscal year 1923-24 and 1924-25 and subsequent years, said appropriation to be deemed to be an obligation of the Insular Government and payment therefor shall be provided for in the budgets. Approved, August 2, 1923. [J. R. No. 35] JOINT RESOLUTION TO AMEND SECTION 2 OF JOINT RESOLUTION No. 54, "PROVIDING A COMMISSION TO REVISE THE CLAIMS PRESENTED BY CERTAIN PUBLIC SCHOOL TEACHERS PENSIONED PURSUANT TO JOINT RESOLUTION No. 24 OF 1919, AND APPROPRIATING THE SUM OF FOUR THOUSAND (4,000) DOLLARS FOR THE PAYMENT OF ANY INCREASED SUM WHICH IT MAY BE NECESSARY TO MAKE IN SAID PENSION AND EXTENDING THE BENEFIT OF A PENSION TO CERTAIN TEACHERS," APPROVED AUGUST 2, 1923. Section 1.-That section 2 of Joint Resolution No. 54, approved August 2, 1923, "Providing a commission to revise the claims presented by certain publicschool teachers pensioned pursuant to Joint Resolution No. 24, of 1919, and appropriating the sum of four thousand (4,000) dollars for the payment of any increased sum which it may be necessary to make in said pensions, and extending the benefit of a pension to certain teachers", is hereby amended to read as follows: "Section 2.-That the said commission, within a term of sixty days from and after the date of the filing of the claim, shall revise thle proceedings of the commission designated under the aforesaid joint resolution and pass upon the legality of such claims as shall be made by the said teachers, as well as upon such other claims as may be made by any other teacher who, being over sixty years of age, shall have taught in the public schools of Porto REico for over twenty-five years during the present or the former sovereignty, or during both sovereignties, and to whom the right to a pension is hereby granted. It shall be the duty of the commission to fix the annual sum, not to exceed six hundred nor to be less than two hundred dollars, that each teacher shall receive for the reasons aforesaid, and the date from and after which they shall begin to receive the new pension, certifying to the Treasurer of Porto Rico the award so made, which shall constitute sufficient authority to the said officer to pay to each of the interested parties the sum stated in such certificate." THE SCHOOL LAWS OF PORTO RICO 7 3 i i} Section 2.-For the purpose of this Act. the sum of ten thousand (10,000) dollars is hereby appropriated; Provided, That for the fiscal years 1925-26 and 1926-27, and for subsequent fiscal years, said appropriation shall be a charge against the Insular Government, payment of which shall be provided for in its budgets. Approved, June 25; 1925. INDUSTRIAL SCHOOLS (237) Section 83.90-The Commissioner of Education is hereby authorized to establish, equip, and maintain, with any funds allotted or appropriated therefor, at least three industrial or manual-training schools for the education of the youth of Porto Rico. Said schools shall be designed and equipped to afford a practical education for pupils, both male and female, who shall be received therein, in some occupation or trade of a mechanical or industrial character. Competent teachers, who shall be practical mechanics, artisans, or persons thoroughly equipped by education to instruct pupils of said schools in such mechanical or industrial branches as shall be taught therein, shall be from time to time employed by the Commissioner of Education, as the needs and necessities of said schools, and the means at his disposal for said purposes, shall require andi permit. (238) Section 84.-The first three of said schools to be established by the Commissioner of Education, under the authority hereby granted, shall be located in the cities of San Juan, Ponce and Mayagiiez, respectively, in the order herein named. In the city of 'San Juan, the Commissioner of Education shall be authorized to take possession of any public building which the Commissioner of the Interior may be able to provide in place of the building partially destroyed by fire some time since, situated in said city of San Juan, and which, contained a partial equipment of machinery and appliances for the use of a school of the character herein designated, and to repair and fix up such a building and to have the use of same together with the partial equipment heretofore mentioned. For the construction and equipment of such other manual training schools as may be established under the terms of this Act, the said Commissioner of Education is authorized to receive and accept donations or assistance in the way of lands, machinery, equipments or buildings which may be offered for the purpose by the community where said school is to be located, or from any person who shall offer such donation. (239) Section 85.91-The courses of instruction in industrial w As amended February 6, 1904. '' As amended March 10, 1904. DEPARTMENT OF EDUCATION schools shall be such as may be prescribed by the Commissioner of Education, and said schools, when so established, shall become and be maintained as a part of the general educational system of Porto Rico under the supervision and direction of the Commissioner of Education. Said Commissioner of Education is authorized to equip fully said schools with all the necessary machinery, apparatus, and accessories requisite to the teaching and instructing of the pupils therein in such of the mechanical or industrial branchies as may be designated to be taught in said schools, and to hire all the necessary assistants and teachers, providing for the organization of such schools as a portion and branch of the Department of Education, under the control of the Commissioner of Education of Porto Rico, and after the construction and equipment of such schools the same shall be maintained out of appropriations for the support and maintenance of said department. All products or articles made in the industrial schools or in the agricultural schools, when made from materials furnished by the school authorities, shall become the property of The People of Porto Rico, and as! such may be retained as a part of the permanent equipment of the school or of the Department of Education to be used for instruction or exhibition purposes. When in the judgment of the Commissioner of Education they are not so required they may be sold in accordance with such rules and regulations as he may adopt, at cost price, to the pupils, teachers, or other persons in the schools or in the Department of Education, and all products or works so offered for sale and not sold after a period of three months from the date when they were first offered, may be sold to the general public at a fair market price, and all receipts from the sale of products or articles made in industrial schools, or agricultural rural schools shall be paid into a special trust with no fiscal year and shall be available for the establishment and maintenance of industrial schools. (240) Section 86.-The C(omnissioner of Education shall provide such rules and regulations as may be proper for the admission of boys and girls of Porto Rico as pupils in schools as may be established under the terms of this Act, the courses of study and training to be pursued therein, the discipline thereof, and he shall be authorized to make such other regulations as may be necessary in order that the most impartial distribution of the benefits to be derived from the practical education to be given at said schools shall be afforded to the most worthy applicants for the privilege of becoming pupils in said schools. THE SCHOOL LAWS OF PORTO RICO 75 AGRICULTURAL AND INDUSTRIAL TEACHING 92 (241) Section 1.-That in the schools of Porto Rico operating under the jurisdiction of the Insular Department of Education, agricultural industrial training systematized according to scientific and simple methods, shall be established and intensifield. (242) Section 2.-That the Insular Commissioner of Education is directed to prepare and establish in the rural schools of Porto Rico and in the schools of the urban zone, where general conditions permit, not later than the first of September, 1925, in addition to those subjects which he deems indispensable for the general culture of the people, an additional simple course of instruction in agriculture, which shall embrace, elementarily, the following subjects: (a) Theoretical and practical demonstration of the advantages of modern methods of cultivation; (b) Intensive cultivation of the soil and advantage of deep plowing; (c) Selection of seeds and introduction of new varieties; (d) Easy methods by which to ascertain the kind of soil, its acidity and the manner of neutralizing it by the use of lime; (e) Intelligent use of chemical fertilizers and the advantageous use of waste from farms as fertilizing material; (f) Advantage of alternation and rotation of crops; (g) Elementary ideas of horticulture, agriculture, the live stock industry, climatology and agricultural accounting; (h) Forest. Importance of its conservation and reforestation; its influence on the climate and on the humidity of the soil; its relation to domestic economy. (243) Section 3.-That the Commissioner of Agriculture and Labor shall cooperate with the Commissioner of Education for the better success of the new plan of agricultural instruction hereby established; and for this purpose, he shall facilitate and place at the disposal of the Commissioner of Education such services as the Experiment Station and agricultural farms of the Department of Agriculture and Labor may render, for the greater success of said plan; and he shall supply such selected seeds of useful trees and plants as he may be able to secure from the above places, suitable for transplanting and to serve for demonstration in school gardens, and such literature as may be published by his department suitable for distribution in all schools. (244) Section 4.-That in each municipality, the respective 92 Joint Resolution of August 13, 1925. DEPARTMENT OF EDUCATION municipal department of education shall provide each rural school with such agricultural implements as may be necessary and with a parcel of land of not less than one cuerda, conveniently situated, which shall be used as a school garden or agricultural demonstration field by such school. The acquisition of these parcels may be through donation, lease or purchase, and it is hereby declared a public utility and necessity; Provided, That in case of necessity, eminent domain proceedings may be instituted in any competent court. (245) Section 5.-To carry out the provisions of this Act, funds may be provided as follows: (a) By appropriation in the budget of general expenses of the Island; (b) By grant made by the Rural Improvements Commission provided for in Act No. 21 approved September 21, 1923, for the purpose of carrying out the said Act; and (c) If at any time there is a surplus in the Insular Treasury, not needed for the payment of the indebtedness now existing for current expenses, the sum of fifty thousand (50,000) dollars, or as much thereof as may be necessary, is hereby appropriated for carrying out the provisions of this Act. DIVISION OF EXTENSION AND EXAMINATION 93 (246) Section 1.-From and after the date on which this Act shall take effect, secondary education in Porto Rico shall be free. (247) Section 2.-The Insular Commnissioner of Education is hereby authorized to prepare a schedule for the subjects of each high-school year, which hlie shlall cause to be published in September of each year and shall furnish the same gratis to any person applying therefor. (248) Section 3.94-The Department of Education shall hold free examinations every year in the months of June and December, for the four years constituting the high-school course in Porto Rico; Provided, That examinations pertaining to the subjects for each year' shall be held in such a way that a person may take the examinations pertaining to two or more years if he so desires; Provided, further, That the Commissioner of Education of Porto Rico may establish a complete system of free education by correspondence, "Act of June 22, 1923. "As amended July 21, 1925. THE SCHOOL LAWS OF PORTO RICO 77.I for all such candidates for examination as may desire it, and shall collect for this instruction a matriculation fee, for each course, which shall not exceed five (5) dollars; And1 provided, further, That the receipts so collected shall constitute a separate special fund in the Treasury of Porto Rico, to be known as "Fund of Free Studies by Correspondence", to be devoted exclusively to defray the expenses originated by this service. (249) Section 4. 9-The Department of Education shall not admit to examination any person who has not an eighth-grade diploma or its equivalent, but it shall, when so requested, grant an examination for the obtaining of the said eighth-grade diploma; Provided, That such right shall not be granted to a person of school age or who attends public school regularly. (250) Section 5.96 -The Department of Education shall issue a high-school diploma to any person who shall have satisfactorily passed the examinations pertaining to the four years of the high-school course, pursuant to the provisions of this Act; Provided, That said high-school diplomas as well as all certificates and other vouchers issued under this Act, shall have the same value as the corresponding ones issued by other official institutions of Porto Rico, and as such shall be transferable and admitted for all purposes for which they may be required, including the University of Porto Rico. (251) Section 5 a.97-The Commissioner of Education is hereby authorized to contract for the services of such persons, other than those permanently employed, as may from time to time be necessary to carry out the provisions of this Act, for the preparation of questionnaires and courses of study, in the holding and supervising of examinations or in any other capacity; Provided, That when such persons receive a salary from the Government of Porto Rico, they may receive additional compensation for such work as they may do. (252) Section 6.-The Commissioner of Education shall issue such rules and regulations, not in conflict with this Act, as shall be necessary to carry out the purposes hereof. Section 87.- (See paragraph 33.) Section 88.-(See paragraph 34.) (252 a) Section 1.98-The Division of Free Studies of the De5As amended July 21, 1925. 96As amended July 21, 1925. " As added by Act of July 21, 1925. '8 Law of April 19, 1928. DEPARTMENT OF EDUCATION partment of Education is hereby authorized to charge the following fees to the students: (a) Examination fee: not more than one dollar for each subject; (b) Fee for diploma: not more than five dollars; (c) Duplicate certificate fee: fifty cents. (252 b) Section 2.99-Fees charged hereunder shall form a trust fund to be known as the "Division of Free Studies Trust Fund", and shall be used in aiding to defray the current expenses of said Division. DIVISION OP SCHOOL HYGIENE 100 (252 c) Section 1.-That the Division of School Hygiene is hereby created to prepare and carry out a complete program of health and physical development of pupils. (252 d) Section 2.-The Commissioner of Education shall appoint the officers and employees pertaining to this Division. (252 e) Section 3.-The amount appropriated for the organization of this Division shall be paid from any fund in the Treasury not otherwise appropriated or from the funds of the Unversity of Porto Rico, as the Board of Trustees of said University may provide. (252 f) Section 4.-The Director of the Division shall be a doctot in medicine, with special preparation in educational matters. (252 g) Section 5.-The personnel of this Division shall consist of the following body of officers and employees: One Physician-Director ---. --- —-------------- $4, 000. 00 Clerk and stenographer ----------— __-.______-_ 1, 000. 00 Traveling expenses and supplies --- —------------ 2, 000. 00 Total ----. --- —- ---------- $7, 000. 00 (252 h) Section 6.-Among the specific duties of this Division, in addition to such others as may be established by the Commissioner of Education, there shall be: To make a physical examination of the children of the schools of Porto Rico; To work in cooperation with the Division of Domestic Science in the preparation of literature on the best diet for children attending school lunch rooms; wLaw of April 19, 1928. 100 Law of May 9, 1928. THE SCHOOL LA-WS OF PORTO RI(' 79 To prepare a, course of public hygiene for the elementary school course making therein due correlation with other subjects of study; To establish standards of weight, height, chest expansion, and others that may be useful for improving of health of the children. DIVISION OF TECHNICAL RESEARCH 101 (252 i) Section 1.-A Division of Technical Research is hereby created in the Department of Education of Porto Rico to make scientific investigations of pedagogical problems. (252 j) Section 2.-The Commissioner of Education shall appoint the personnel of said Division. (252 k) Section 3.-The Chief of the Division imust be an expert in matters of scientific pedagogy, who shall have passed in all the post-graduate courses necessary to obtain the degree of Doctor in Education, or its equivalent, in some recognized university. (252 1) Section 4.-The amount appropriated for the organization of this Division shall be paid from any fund in the Treasury not otherwise appropriated, or from the funds of the University of Porto Rico, as the Board of Trustees of the said University may provide. (252 m) Section 5.-The personnel of said Division shall be as follows: One Chief of Division__ --- —----------- $4, 000.00 One Scorer of Psychrometric Examinations and Analyst of Pedagogical Statistics -------- 2, 400.00 One Secretary-stenographer --- —----------------- 1, 500. 00 Expenses of technical research --- —-------------- 3 000.00 In all ------------------ $10, 900.00 PUBLICATION OF THE SCHOOLI LAW (253) Section 89.-Immediately upon the approval of this act, the Commissioner of Education shall compile and publish in pamphlet form in the English and Spanish languages, the laws and regulations in force relating to public education in Porto Rico. Said pamphlet shall contain any additional rules and regulations necessary to carry out the provisions of this Act, which the Commissioner of Education may deem necessary for the guidance and information of the school authorities and teachers of Porto Rico. l01 Joint Resolution of May 9, 1928. DEPARTMENT OF EDUCATION REPEALING CLAUSE (254) Section 90.-All laws, decrees, military orders, or parts of the same in conflict with this Act, be and the same are hereby repealed. This Act shall be known as the Codified School Law and shall constitute section 7 of the Political Code. (255) Section 91.-This act shall take effect sixty days after its approval, except section 21 thereof which shall take effect July first, nineteen hundred three. SALE OF SCHOOL EQUIPMENT (256)102 That all moneys paid by municipalities or school boards to the Commissioner of Education for desks ofr other school appliances furnished to said school boards or to said municipalities, shall be credited to the appropriation to be known as an appropriation for "common-school equipment, no-fiscal year." The payments so credited shall be available for the purchase of additional desks, textbooks and school supplies. (257)103 All moneys paid to the Commissioner of Education in the settlement of property accounts of supervisors of schools, principals, teachers, or other employees having in their custody and' being charged with the responsability for the proper care of school property, and all moneys paid for the reimbursement for property lost or stolen while in their possession, and all moneys paid by any other persons as reimbursement for school property in their possession which may be lost or stolen during the time for which they are charged with the responsibility for the same, shall be credited to the aforesaid appropriation to be known as the appropriation for "common-school equipment, no-fiscal year," and when so credited shall be available for the purchase of additional desks, text-books and supplies. (258)1'(4 The Commissioner of Education shall not sell school furniture or supplies to private persons or to any other parties than the municipalities or the school boards of the several municipalities in Porto Rico; Provided, That nothing in this Act shall prohibit the Commissioner of Education from selling at duly advertised public sale school property that may be duly and properly condemned as unfit for use and properly canceled, so as to prohibit its further use in the public schools. '2 Act of March 10, 1904. 108 Act of March 10, 1904. 104 Act of March 10, 1904. THE SCHOOL LAWS OF PORTO RICO 81 UNIVERSITY OF PORTPO RICO No. 50 AN ACT TO REORGANIZE THE UNIVERSITY OF PORTO RICO, TO REPEAL "THE UNIVERSITY LAW", APPROVED JULY 28, 1923, TO LEVY A SPECIAL TAX FOR THE SAID ORGANIZATION AND THE SUPPORT THEREOF, AND TO CREATE OTHER SOURCES OF INCOME FOR THE SAME PURPOSE, AND FOR OTHER PURPOSES. Be it enacted by the Legislature of Porto Rico: (259) Section 1.-The University of Porto Rico is hereby reorganized in accordance with the provisions of this Act, which shall be known as the "University Reorganization Act." (260) Section 2.-The Board of Trustees appointed in accordance with the provisions of section 3 of this Act, and their successors in office shall be and are hereby constituted a corporation under the name "The University of Porto Rico", and under that name shall have the right of suing and being sued, of acquiring and holding real and personal property, of mortgaging or selling the same, of contracting indebtedness, of making contracts, of adopting and using a corporate seal and of changing such seal at their pleasure, and of doing and causing to be done all that may be necessary for the purpose of any function as herein set forth, including the acceptance and administration of donations inter-vivos and mortis causa. (261) Section 3.105-The government of the University of Porto Rico shall be vested in a Board of Trustees composed of the President of the Senate, or a member thereof designated by him, the Speaker of the House of Representatives, or a member thereof designated by him, the Commissioner of Education, six other persons of recognized ability in sciences, letters, or arts, appointed by the Governor with the advice and consent of the Senate, two of whom shall be graduates of the University of Porto Rico. On making the first appointments, the trustees appointed in the first and second places shall hold office for the term of three years; those appointed in the third and fourth places shall hold office for two years, and those appointed in the fifth and sixth places shall hold office for one year; but in future the term of each of the said trustees shall be three years, and until their successors have been appointed and have qualified. (The Chancellor shall be the executive head of the University and shall be appointed or removed by the Board of Trustees. Such appoinment shall be made for an indefinite period of time.) 106 As amended April 28, 1928. DEPARTMENT OF EDUCATION (262) Section 4.-Thle Board of Trustees shall also appoint a special Board of Trustees, composed of three of its members and two additional members who shall be nominated by that College, University or educational society which carries out any work or renders any cooperation with reference to any of the branches of the University, especially with those branches relating to the School of Tropical Medicine established or which may be established in Porto Rico by Columbia University, in accordance with the provisions of Joint Resolution No. 3 entitled "Joint Resolution creating the School of Tropical Medicine of the University of Porto Rico under the auspices of Columbia University, and providing the manner in which the amounts appropriated for the maintenance of the Institute of Tropical Medicine and Hygiene for the fiscal year 1924-25 are to be expended; appropriating the sum of $100,000 for the construction of the School of Tropical Medicine out of the appropriation of $200,000 made under Act No. 13 of August 29, 1923, for the construction of buildings for the University of Porto Rico, and repealing Acts. No. 71 of March 13, 1912, No. 58 of March 13, 1913, No. 18 of March 12, 1914, and No. 51 of June 14, 1919", approved June 23, 1924; Provided, That said special Board of Trustees shall have all the powers conferred by this Act on the Board of Trustees appointed in accordance with section 3 of the present Act, and shall be governed by the rules which it shall adopt with reference to the corresponding purposes of the branch or institution by virtue of which it is created. (263) Section 5.-The University of Porto Rico shall hold all the real and personal property which it is at present using and possessing and such as may be hereafter acquired by it with funds granted thereto by this Act or with such other funds as may be obtained by it through donations or in any other manner, and shall use the said property and funds for the purpose of conducting and maintaining a university and all such branches of science and arts as the Board of Trustees may establish from time to time, including industrial and manual training schools and the College of Agriculture and Mechanic Arts of Mayagiiez, in accordance with the requirements and Act of Congress approved August 30, 1890, known as the Morril Act, and amended by an Act of Congress approved March 4, 1907, known as the Nelson Amendment. The Board of Trustees may also establish departments for secondary and elementary education. All departments of said institution shall be open to students of both sexes, who shall have equal opportunities. THE SCHOOL LAWS OF PORTO RICO Is 3 (264) Section 6.-The Board of Trustees of the University of Porto Rico as herein constituted, for the orderly conduction of the business of said corporation, shall have the power and authority to choose from time to time, such officers of the board as may be required, to prescribe their duties and tenures of office and to determine the time and place of meetings of the board and the manner of notifying its members to attend the same. (265) Section 7.-The Board of Trustees shall establish the proposition and fix a salary and emoluments of the executive head of the University, all heads of departments, professors, teachers, instructors and other officers and employees; it shall have power, uinder appropriate regulations, to grant sabbatical leaves, with pay, to members of the teaching staff of the University in accordance with the university custom, and the said Board of Trustees is further empowered to make or prescribe, as the occasion may require, reasonable rules, orders and by-laws with reasonable penalties, for the good government of the said corporation and for the regulation of its own body; and also by and with the advice of the executive head of the University, to determine and regulate the courses of instruction in said university; and the Board of Trustees shall grant university degrees, as may be determined and prescribed; Provided, That to have legal force, any statutes, rules and regulations adopted by the Board of Trustees providing any penalty, shall be published by posting them literally in a conspicuous place in the buildings of the University. Such posters shall be printed in clear characters of such size as to make easy the reading thereof. The Board of Trustees shall have the care, control and management of all the real and personal property and all moneys of the said University, and shall keep a correct and clear record of the minutes of every meeting and of all resolutions taken by it in pursuance of its duties, and shall cause to be kept a complete record of all moneys received and their disbursement. It shall present a written report, as soon as practicable after the close of each fiscal year, to the Governor, to the Legislature of Porto Rico and to the Bureau of Insular Affairs in Washington. No official action shall be taken at any meeting unless at least four of the trustees are present. (266) Section 8.-The executive head of the University shall have authority, subject to the approval of the Board of Trustees, to direct the work of the institution in all its departments. He shall have power to appoint the heads of departments, professors, assistants, instructors and other officers and employees of the said DEPARTMENT OF EDUCATION University to the positions established by the Board of Trustees, and he shall define their duties and supervise the performance thereof; Provided, That said appointments shall be subject to the approval of the Board of Trustees, without which requisite the persons so appointed shall not enter into office. And provided further, that the said Board of Trustees shall have power to remove from office any employee of the institution when, in its judgement, the convenience of the institution so requires. (267) Section 9.-All powers, duties and obligations devolving upon colleges of agriculture and mechanic arts and extension work in agriculture, in connection with or by reason of the various and several acts of Congress of the United States of America now enacted, or which may be hereafter enacted, in regard to agricultural colleges, extension work in agriculture, and instruction and extension work in home economics or the mechanic arts, are hereby granted, conveyed to and imposed upon the University of Porto Rico, to be enjoyed and carried out by it in accordance with Act of the Congress of the United States and of the Legislature of Porto Rico, with power to receive all moneys donated or that may hereafter be donated, and appropriations and grants now or hereafter made in favor of the Island of Porto Rico by the United States Government, under any Acts of Congress now in force or hereafter to be enacted for the purpose or purposes herein named. (268) Section 10.-The Governor of Porto Rico is hereby authorized to execute quit-claim deeds to the University of Porto Rico of the following tracts of land: (1) The tract of land, containing about 30 acres, together with the buildings constructed thereon, located in the municipal district of Mayagiiez and used as the site of the College of Agriculture and Mechanic Arts of the University of Porto Rico; (2) the tract of land, containing about 92 acres, located in the municipal district of Mayagiiez and used by the College of Agriculture and Mechanic Arts of the University of Porto Rico as a coffee farm; Provided, That the Board of Trustees shall not remove said college from the Municipality of Mayagiiez without legal authorization. (269) Section 11.-All tuition fees, laboratory fees, breakage fees and like charges paid by students, together with all proceeds from the sale of university lands, farm products, or other university property, are hereby appropriated for the University of Porto Rico, to be expended under the direction of its Board of Trustees together with any impost or tax which the Legislature of Porto Rico may THE SCHOOL LAWS OF PORTO RICO 85 decide upon for all purposes which, in their judgement, shall be beneficial, to the interest of the University of Porto Rico, including the purchase of land and the construction of buildings, as well as current expenses. (270) Section 12.-(See paragraph 271 h.) (271) Section 13.-Fifty per cent of all fines imposed by the courts of Porto Rico, which are paid into the Insular Treasury as Insular Funds, except fines imposed under the provisions of the act entitled "An Act to prevent cruelty to animals", approved March, 1, 1902, are hereby appropriated to the credit of the special fund known as the "Permanent University Fund." The Treasurer of Porto Rico shall pay to the Treasurer of the University of Porto Rico upon the warrant of the Auditor of Porto Rico, countersigned by the Governor of Porto Rico, and issued upon the order of the Board of Trustees of the University of Porto Rico annually and upon a date to be fixed by the Treasurer of Porto Rico, all the moneys accruing to the said University of Porto Rico for account of the "Permanent University Fund", and all the moneys thus paid by the Treasurer of Porto Rico for account of the "Permanent University Fund", shall be invested by the Board of Trustees of the University of Porto Rico in interest-bearing securities, and only seventy-five (75) per cent of the income from such investments may be used by said Board of Trustees for the needs of the University. "The remaining twenty-five (25) per cent of the income from such! investments shall be added to the principal and shall be reinvested in a like manner and subject to the same conditions as the original investment of all moneys received for the "Permanent University Fund". No investment of money received for the "Permanent University Fund" shall be made by the Board of Trustees in securities without first obtaining the written approval of the Treasurer of Porto Rico, certifying that, in his judgment, the securities selected for such investment are satisfactory. Approved, July 21, 1925. GRADUATE SCHOOL OF TROPICAL AGRICULTURE 106 (271 a) Section 1.-That there is hereby created a Provisional Board composed of the Governor of Porto Rico, who shall act as chairman, the President of the Senate of Porto Rico, the Speaker of the 106 Joint Resolution of May 3, 1928. DEPARTMENT OF EDUCATION lac of Reprea atives th Commi ssioner of AgnRietore and abe and the ChiaceH1o of the niveRAty of Porto We0o. (271 b) S eton 1LTe Provisonal Board is hereby empew ered to make eontraets and agreeioent in ite name of The Poe Pto Reo with Corell Univerity, of Ithaea, N. Y. for te atahafhmeat of a Giaduate School of ropi a A g flturein Po Ri o it being aiidersttod hbat uhe ag eements and obli ationa sl1 not a with them any economic reaponsibitkes 1for The People of Porto eo, beyond the apprRiatten made by law. (271 c) Section 3,-Tfe Provisional Board is hereby anthoriced to reeive gifts and beqsests from natutal or artificial p rs for the said Graduate Schoo of ropleal Agrieltnre, and to use the money so collected A report of sech gifts, beques and eases aball be included in the annual report of the said Schoo.I (271 d) Section 4 -There is hereby created a Board of Truns tees of the (raa Sti eel of TLopical AgriEuinr ehih bhall have har of the ad inist tie and eononie govrerment of said school and haltl be eomposed of tiv members o shall be: the Presidit of the Sen of Pot Rico or the Speaker of the Honus of Repres entat sastitng eadl oth er n a me er desiated by the Board of Tirt J vrst of oPi o aRi d Wioere membn r Pkois 1 University of Ith N. Y. (271 5.4-A s on as the Provitii Bbsd ccat d her y a ned a ement with Co 11 Univ ty in ide t isumet iof the Gsf at Sho f Tro a At ito e ei t inm and transi o nct such ag ements and created. (271f)' Siti 6.-The oard of Trustees of the Graduate School of Troia Agricture shall be responsible for the organiza tion and administration of the ool, including the appointment of ministive offices the faeuily research worers and other per el required for the o ation of th school and the deteuinion of thir salaries and of such oher qualca ions as may be reire for thir employment. The Board shall also aprove the reuireentfor t e admission of sdents and the con res of study, and shall exeise all power and pii g ineret in boards of a similar nature. (271 g) SetioTn 7-All lnosne derived from bequests, gift mawriculaton ftes laborltoy fees, sae of produts,; or from a oh souree, shall be credited to a Iund to be known as 'Graduate School TIIHE SCHOOL LAWS OF PORTO RICO 87 of Tropical Agriculture, Trust Fund", which shall be administered by the Board of Trustees of the Graduate School of Tropical Agriculture for such purposes as, according to the opinion of the Board, may best serve the purposes of the aforesaid school. (271 h) Section 8.-That, as amended by Act No. 7 of 1926, Section 12 of an Act entitled "An Act to reorganize the University of Porto Rico, to repeal 'The University Law', approved July 28, 1923, to levy a special tax for the said organization and the support thereof, and to create other sources of income for the same purpose, and for other purposes", approved July 21, 1925, is hereby amended to read as follows: "Section 12.-The Treasurer of Porto Rico is hereby authorized and directed to levy and collect annually, a tax of twenty one-hundredths of one per cent, for the benefit of the University of Porto Rico, on all real and personal property in the Island of Porto Rico, and the proceeds of said tax are hereby assigned to the University of Porto Rico for disbursement under the direction of the Board of Trustees of the University of Porto Rico for all such purposes as, in the opinion of said Board, may be beneficial to the interests of the University of Porto Rico, including the purchase of land and the construction of buildings; Provided, That out of the amounts collected since July 1, 1927, fifty thousand (50,000) dollars shall be set aside for the construction of a high-school building for the University of Porto Rico, in Rio Piedras, and fifty thousand (50,000) dollars for a high school building in the Municipality of Fajardo, and hereafter one hundred thousand (100,000) dollars a year shall be set aside for a school of Arts and Trades; Provided, further, that from and after July 1, 1928, at least seventy-five thousand dollars out of said university funds shall be available for the creation and maintenance, salaries of personnel included, of a Graduate School of Tropical Agriculture; And provided, further, That whenever the proceeds of the tax levied hereunder exceed the sum of six hundred and seventy-five thousand (675,000) dollars, the Treasurer of Porto Rico is hereby directed to cover, and shall cover, the excess into the general funds of the Treasury to meet current expenses of the Insular Government, and the Treasurer of Porto Rico is hereby authorized and directed to borrow, as an advance, such sum or sums of money as the Board of Trustees of the Graduate School of Tropical Agriculture may deem necessary for the creation and maintenance of said school, within the provisions of this Act. Sums so borrowed as advances under the authority herein granted DEPARTMENT OF EDUCATION shall be repaid in the same fiscal year as the tax levied under this section is received.". (271 i) Section 9.-It is hereby provided that the name which the institution or school referred to in this Act shall bear, shall be "The Graduate School of Tropical Agriculture of Porto Rico under the auspices of Cornell University" and said school shall be so called for all purposes. UNIVERSITY DEGREES, POLYTECHNIC INSTITUTE [No. 37.] AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE POLYTECHNIC INSTITUTE OF PORTO RICO ESTABLISHED AT SAN GERMAN TO CONFER UNIVERSITY DEGREES, AND FOR OTHER PURPOSES. (272) Section 1.-That the Board of Trustees of the Polytechnic Institute of Porto Rico established at San German, upon agreement with the President of the institution and upon recommendation of the different faculties, may grant such degrees as they may deem advisable, and issue certificates and diplomas of ability in determined matters and courses, provided the resources of the said institution shall be such as to enable it to provide the necessary buildings, equipment and professors to give an adequate higher education for the granting of the said certificates, diplomas and degrees, and when the said, institution shall have pupils who have finished the courses entitling them to expect such certificates, diplomas and degrees; but not strictly honorary degree shall be granted1 by said institution unless the grantee possesses the proper literary or scientific knowledge. Approved, June 4 1919. RULES AND REGULTIONS OF THE DEPARTMENT OF EDUCATION APPROVED BY THE COMMISSIONER OF EDUCATION UNDER AUTHORITY OF LAW IN PURSUANCE OF SECTIONS 53, 66 AND 89 OF THE COMPILED SCHOOL LAW, THE ORGANIC' ACT, AND THE OTHER LEGISLATIVE SANCTION. RENEWAL OF TEACHERS' LICENSES (273) (263) A license to teach is merely a permit granted for a limited time and is the indication of an estimate or judgment of the temporary or present value placed upon a diploma, examination, or other evidence, of past achievements and is, therefore, subject to change. The burden of proof always rests upon the applicant for the renewal of a license to show that he has kept his own efficiency up to the standard demanded of new candidates for teachers' licenses. All licenses issued by the Department of Education are for certain specified periods as provided in the School Laws. Before the close of each school year the licenses of those persons who have been engaged in teaching in the public schools during the current school year and who have given "satisfactory evidence of competence," as provided in paragraph (65), will be renewed without request. The "satisfactory evidence of competence" will be determined from the official reports on the work of the teachers. Any person holding a license of any grade or class issued by the Department of Education and who fails to teach, with satisfactory results, during the life of the license for a reasonable length of time, which ordinarily shall be construed as meaning a period approximating one-half the life of the license, in a school under the regular inspection of officers of the Department, not including night schools, shall not be entitled to a renewal of his license, except under the following conditions: (1) A teacher of any grade or class who receives a license in the first instance for one year based on Departmental examinations and who fails to teach may be granted one renewal for the same period. (2) When a license of any grade or class has been issued on the basis of a diploma from a recognized institution of learning, renewals may be granted if the applicant presents with each request satisfactory evidence of professional growth, further study in an approved institution of learning or successful experience in teaching in an accredited private school. 89 DEPARTMENT OF EDUCATION (3) A license of any grade or class based on Departmental examinations may be renewed, in addition to the renewal allowed in (1), if the applicant presents with each request satisfactory evidence of professional growth and study, which ordinarily shall mean successful experience in teaching in an accredited private school or regular attendance upon the courses of an approved educational institution, such as a normal school, college, or university. (4) All applications for renewals of licenses must be made in writing and must be accompanied by the evidence indicated in the previous paragraphs. All applications shall be subject to further' investigation and licenses shall not be renewed unless the Department is satisfied that the applicants are in every way qualified to do successful work'in the public schools in the grade or class for which the licenses are requested. (5) Licenses renewed under the terms of these regulations shall be issued for a term of one year only, and the burden of proof for further renewals of like period will always rest with the applicants, a written request accompanied by properly certified statements as to further study in recognized institutions, teaching with successful results in accredited- private schools or professional growth and advancement being necessary in each case; Provided, however, That applicants who have taught with successful results in the public schools for a reasonable length of time during the life of their licenses may, at the discretion of the Commissioner of Education, be issued renewals foil the longer periods. (6) Applications for the renewals of licenses must be made between the dates of May 1, and June 30, of each year. VACATION LEAVE FOR SUPERVISORS OF SCHOOLS (274) (264) Supervisors of Schools are subject to the same rules respecting leave of absence that apply to employees in the office force of the Department of Education. In the discretion of the Commissioner of Education, they may be granted leave of absence with full pay, whenever the needs of the public service will permit, for a period not exceeding a total of thirty days in any one calendar year; with an additional allowance of six days for travel each way in case their leave of absence includes permission to go to the States. They may accumulate this leave and be given sixty days with travel allowance, provided that period covers all leave of absence granted in a period of two years, in accordance with the provisions of law regulating leave of absence for Government employees. THE SCHOOL LAWS OF PORTO RICO 91 DUTIES OF SUPERVISORS OF SCHOOLS (275) (265) Whenever a supervisor of schools, for any reason whateveri, is unable to perform the duties which naturally devolve upon such an official, immediate notice shall be sent to the department. An adequate sign shall be displayed at the office of the supervisor of schools. In connection with such sign, or at least in some conspicuous place open to the public, there shall also be displayed a statement of office hours which shall be observed punctually. DUTIES OF PRINCIPALS AND TEACHERS (276) (266) The principals and teachers together with the office of the department are responsible for the maintenance of good schools in Porto Rico. They are supposed to know the school law and to familiarize themselves as far as possible with the course of stpdy and all reports of the Department of Education, so that they may understand its aims and its plans. They are expected to work sympathetically and harmoniously with the department, to give it their full confidence and to look to it as their best friend and helper in all that make for success in their work. A teacher who does not have confidence in the department, in its intentions and purposes, should sever his connection with the teaching force. He should always appeal first to the department, and not write articles to the newspapers or engage in discussion or gossip with his neighbors about things which concern primarily his relations with the Department of Education. He is expected to take the initiative in doing everything he can for the good of the school. So long as his acts are not inconsistent with the School Law or general policy of the department, every teacher and principal will be sustained by the department. A few of the more general duties pertaining to principals and teachers may be enumerated as follows: DUTIES OF PRINCIPALS (277) (267) (1) Principals of public schools shall keep a register in which shall be noted the name, age, sex, color, date of entry, date of promotion from one grade to another and the attendance of each pupil; also the name, residence and occupation of the parents of guardians of the pupils. This register shall always be at the disposition of the Commissioner of Education or his representatives and of the members of the school boards. DEPARTMENT OF EDUCATION (2) Principals shall be in their respective buildings at least twenty minutes before the opening of each session. (3) Principals shall keep a register of the daily attendance of the teachers who are under their direction, requiring them to sign their names in this book at the opening of school and to note the exact time of their arrival. (4) Principals are responsible to the Commissioner of Education or his representatives for the organization, discipline and distribution of work in their schools, and they are responsible to the school board for the care of the building and public property. (5) Principals shall assist the supervisor of schools in the distribution of the books and materials provided by the department. (6) Principals shall see that the school buildings are kept clean and in good order. (7) Principals shall matriculate and classify pupils of the school placed under their care, subject to the general direction and guidance of the supervisor of schools. (8) Principals shall keep all written suggestions or criticisms received from the supervisor of schools during the year, as well as all the books in which they have written out their daily preparation of work, at their respective schoolrooms until the close of each school year. (9) Principals shall see that the schools under their charge are open at the hour fixed for the opening of schools and that the teachers devote themselves exclusively to the instruction of their pupils during school hours, maintaining good discipline, and that they conduct themselves with propriety and follow faithfully the course of study laid down by the Commissioner of Education. (10) Principals shall not permit any person to visit their schools with the object of selling merchandise or advertising books, publications, concerts, exhibitions or any other business enterprise, without the written permission of the Commissioner of Education. (11) Principals are required to have the correct time and to see that the clocks in their schoolrooms are regulated to keep the correct time. (12) Principals shall see that all of the reports for the schools under their direction are promptly filled out in the form required and placed at the disposition of the supervisor of schools. (13) Principals are responsible for the faithful execution and performance of all the rules and regulations laid down for their respective schools. THE SCHOOL LAWS OF PORTO RICO 93 (14) Principals are responsible for the maintenance of discipline in all the schools under their direction. (15) Principals shall report upon the work, conduct, etc., of all the teachers under their direction so far as it is possible to observe the same in addition to attending to their duties in their own classes, whenever requested by supervisors of schools or school boards. (16) Principals shall send a report on the condition of the school property to the school boards when requested to do so. (17) Principals shall hold themselves in readiness for such additional work as may be required by the Commissioner of Education or his representatives. (18) Principals shall immediately notify the supervisor of schools of any permission given by them to a teacher to dismiss his pupils during school hours. (19) Wherever in these rules and regulations the word "principal" occurs, it is intended to include "acting principal" and "teacher in charge". DUTIES OF TEACHERS (278) (268) (1) Teachers shall always respect the authority of principals and shall not interfere with nor usurp their rights or duties. (2) Teachers in rural schools shall be in their respective schools at least twenty minutes before the hour set for beginning classes. (3) Teachers in school buildings in charge of principals or acting principals shall be in their respective schools, at least ten minutes before the time for beginning classes. (4) Teachers shall keep a register provided by the department in accordance with the instructions given therein. (5) Teachers shall be responsible for the proper care and protection of textbooks and the economic use of school materials supplied to them by the department. (6) Teachers are prohibited from dismissing their pupils during school hours unless obliged to do so for some absolutely necessary cause, in which case graded teachers shall have previously secured permission of their, principals, but in no case shall a teacher appoint a substitute. (7) Teachers should study the characteristics of the pupils of their respective classes and by means of kindness and persuasive disciplinary measures they should endeavor to win their affection and cooperation. Teachers should always be examples of dignity, courtesy and kindly spirit. DEPARTMENT OP EDUCATION (8) Teachers are charged with the duty of overseeing the conduct of their pupils not only in the class rooms, but also during the recess, and they are jointly responsible with the parents or guardians for their conduct from the time they leave home for school until they return to their homes. (9) Teachers shall fill out in proper form all required reports and give same to their supervisor of schools. (10) Teachers shall follow at all times the directions or orders of the Commissioner of Education or his representatives, and shall familiarize themselves with the School Lawsi and the rules and regulations of the department. (11) Teachers shall closely observe and follow the methods of instruction outlined in the course of study issued by the department. (12) Teachers shall preserve for inspection by general superintendents or other officials of the department, all written suggestions or criticism received from their supervisor of schools during the school year, as well as all books in which they have written their daily preparation of work, at their respective schoolrooms until the close of the school year. (13) Teachers shall, when requested by their supervisor of schools, be with their pupils on the playgrounds during recess to preserve order and to direct their games. RIGHTS OF TEACHERS (279) (269) Teachers shall have the right to appeal from the orders which may be given them by their principal to the supervisor of schools and from the latter to the Commissioner of Education. Supervisors of schools should give all their instructions to teachers privately and not in the presence of their classes. Teachers enjoy the complete right to criticise or discuss either in pedagogical meetings or in newspaper articles the School Laws and Regulations, but in all such discussion they shall avoid the use of words and phrases which could in any manner be deemed as showing a lack of respect for any department of the Insular Government. SUSPENSION (280) (270) This method of punishment is approved by the Department of Education when necessary to maintain the dignity and proper discipline of the school. Suspensions shall not exceed five days unless further extension is granted by the Commissioner of Education. THE SCHOOL LAWS OF PORTO RICO For the guidance of teachers the following instructions are given: (1) In rural schools a child may be suspended by the teacher. The child shall be sent home at once and the parent or guardian notified in writing of the reasons for suspension and informed that the consent of the supervisor of schools must be secured before the child may return. The teacher will also notify the supervisor of schools of his action, enclosing a copy of the letter sent to the parents or guardian. (2) In school buildings in charge of principals or acting principals, pupils may be suspended by these officers only. The teacher shall send the pupil to the principal or acting principal who, after investigation, may suspend him. The child shall, in such cases, be sent home immediately, and the parent or guardian notified in writing that the child is suspended, with the reasons therefor, and that the written consent of the supervisor of schools is necessary before the child may return. (3) The supervisor of schools shall, after investigation, notify the parent or gouardiian in writing of the conditions under which the child may r'eturn. (4) Copies of all papers relating to suspension shall be kept on file in the supervisor of schools' office. GORPORAL PUNISHMENT (281) (271) The use of corporal punishment in the schools of Porto Rico is not approved by the Department of Education, and is absolutely prohibited except in accordance with the following regulations: (1) Whenever a grave misdemeanor has been committed by a pupil for which it seems corporal punishment would be the best remedy, written or oral permission (if oral, it should be given in the presence of a reliable witness) must be secured from the parent or guardian for the infliction of that form of punishment. (2) In schools where there are principals or acting principals, corporal punishment, when administered, shall be inflicted only by those officers and in the presence of two other teachers, and not in the presence of other pupils. (3) In rural schools, corporal punishment may be administered by the teacher, but must be in the presence of two patrons of the school called in as witnesses. In this case also, punishment shall not be administered in the presence of other pupils.: DEPARTMENT OF EDUCATION (4) Teachers shall not strike pupils on the head, or any other part of the body in such a way as to produce severe or permanent injury. (5) When corporal punishment is administered it shall be by the use of the hand or a light rule, switch or strap without a buckle or other piece of metal. (6) Teachers who disregard section 53 of the Compiled School Laws of Porto Rico or the rules of the department relative to corporal punishment will be summarily dealt with. MEDICAL CERTIFICATES (282) (272) Before being admitted to any examination for teacher's license, or before a teacher's license is issued on the basis of any certificate or diploma, a certificate of sound physical health will be required from all candidates. Proper blanks may be secured from the supervisor of schools, who will forward the certificate, when filled out by the examining physician, to the Commissioner of Education. Any cases of doubt as to the physical fitness of an applicant to perform the duties of a teacher shall be referred to the Director of Sanitation for further opinion. Whenever it is deemed advisable the Commissioner of Education may require any teacher to furnish a medical certificate before renewing his license or before approving him as a teacher, SCHOOL STRIKES (283) (273) If any pupil in the public schools of Porto Rico believes that he is suffering from some injustice, he shall state his complaint to the teacher, and if he desires to make complaint against any teacher, acting principal or principal, to the supervisor of the district, and he may appeal from the decision of the supervisor to the Commissioner of Education, if necessary; but under no ciicumstances can lhe leave the school or go on a strike and still maintain membersilip in the school. Pupils of the public schools of Porto Rico are at liberty to make complaints and protests against the action of teachers and principals in a dignified and respectful manner, but they must continue in school until such complaints and protests have been investigated and settled; and while thus continuing in school they must conduct themselves in an obedient and respectful manner. The Department of Education will not take any notice of strikes or other public demonstration by pupils tending to intimidate teachers into. a adjustment of difficulties on terms dictated by the pupils themise.ives. THE SCHOOL LAWS OF PORTO RICO 97 Supervisors, principals, acting principals and teachers are hereby directed to refuse to treat with pupils engaging or participating in a strike. Any pupil of the public schools of Porto Rico who wilfully or at the instigation of another person or persons leaves the school as a protest or participates in a school strike thereby suspends himself indefinitely from the public schools of Porto Rico. If the strike involves a sufficient number of pupils to disarrange the work of classes, teachers will hold themselves in readiness for such other duties as the Commissioner of Education may assign to them, but in no case shall their salaries be subject to deduction because they have not been engaged in teaching on account of the absence of the pupils on a strike. I ' 7 Supervisors, principals, acting principals and teachers of public schools who assist or lend their sympathy to school strikes or who knowingly re-admit any pupil who has thus separated himself from the public schools make themselves liable to suspension. SELECTION OF TEACHERS (284) (274) In selecting teachers for nominations to the Commissioner of Education and to fill vacancies existing for the ensuing school year, the following order of preference shall be observed by the school director: 1. Teachers who have served in the same municipality and in the same grade of school during the year immediately preceding and who have obtained a rating of not less than "Good-," shall be entitled to reappointment unless such teachers notify the school director that they do not desire to be appointed in the same municipality, or' unless the positions they hold are abolished. Nothing in this paragraph shall be construed as limiting or denying the right of the Commissioner' of Education to reject the nomination of any teacher on the ground of public policy, regardless of the teacher's classification. 2. For the purpose of filling any remaining vacancy or any yzaecancy that may occur at any time after the general election of teachers for the succeeding school year, a list of eligible candidates arranged on a merit basis shall be prepared by the municipal school director of the various municipalities on the recommendation of the respective supervisors of schools, taking into consideration the following factors: (a) Experience acquired in the, same municipality during the previous year in the same or a higher grade of school with a classification of not less than Good-: (b) expeience acquired DEPARTMENT OF EDUCATION. during the previous year, as substitute teacher in the same- or a higher grade of school with a classification of not less than Good-; (c) experience acquired in the same or other municipalities in the same or a, higher grade of school with a classification of not less than Good —; (d) experience in a lower grade of school, with a classification of not less than Good, giving preference to those who have worked in the same municipality; (e) new teachers possessing a normal diploma; (f) experience in the same or other municipalities in a lower grade of school, with a classification of not less than Good-; (g) new teachers; (h) other teachers with valid licenses. Said list of eligibles shall be revised from time to time as municipal school directors may receive applications from other candidates. In general, after selecting those teachers who desire to continue serIving in the same municipality and whose rating is not less than "Good-", the best available candidates to fill any remaining vacancies shall be selected on a merit basis. If in the general appointment of teachers, the school director should not propose, or the Commissioner of Education should not approve, a sufficient number of candidates to cover all existing vacancies, the Commissioner of Education will allow the school director one or more periods of 10 days in which to make new appointments. If in spite of this, the school director' should! fail to submit enough appointments to cover all vacancies, at least 30 days before the date set for the opening of the schools, the Commissioner of Education will proceed to fill all remaining vacancies by direct appointment. If a school is left vacant during the school year, and the school director should fail to make an appointment within five school days from the date in which the vacancy took place, the Commissioner of Education will proceed to fill the vacancy by direct appointment. The rules and regulations for the selection of teachers shall apply to teachers paid from insular funds as well as to teachers paid from municipal funds. These regulations concerning the selection of teachers shall remain in force until modified, annulled, or replaced. CONTRACTS WITIH CERTAIN MARRIED WOMEN 107 (285) (275) When a teacher in active service becomes pregnant. and in the opinion of the supervisor of schools, or the school director, her presence in the school is detrimental for her pupils, either of these officers will not;fy the teacher to stop her work and lo Effective April 10, 1926. THE1J SCHOOL LAWS OF PORTO RICO 99 a substitute shall be appointed to take her place for the rest of the school year. No teacher will engage in active service within a period of ninety days after confinement. When because of this rule, a teacher cannot take charge of her school at the beginning of the school year, the substitute teacher appointed will have a right to the school during the full school year. All the contracts entered into between the Department of Education and the teachers will bind the teachers to the strict observance of this rule. Should a teacher not fulfill the terms of this rule, the Departmnent will proceed to take administrative action against her. '74 7 INDEX Page Preface 3 Title of Law -________________________________________ --- 5 General Provisions- -__ ---------------------------------------------- 5 Classification ---------------------------------------------------------- 8 School Directors (Appointment, Removal, Qualifications, Powers and Duties) 8 General Powers and Duties of School Boards- -________________ 10 Legal Holidays- --- - - - - 15 Arbor Day -____________ ____________ —____ —_______________-_________-16 Mothers' Day --- —-------------------------- 17 T eachers' D ay ------------------------------------------------------— ~17 School Funds and their Administration- - ____________ 18 School Tax -_____-_________________________ ----20 School Building Fund- ---------------— _- _____________-__21 School Districts~ ------------------------------ ____________-23 Qualifications of Teachers- - ___ — _______ — ______-_________-_______ 23 Life Certificate_________-___-_- ___-_ —___ --- —---------------------- 27 Temporary Licenses --- —---------------------------— _ 28 Suspension and Removal of Teachers --- —------------------------------- 28 Salaries of Teachers~ _____________________________________ _ 29 Civil Service~ --- —------------------------------------------ __________ 31 Duties of Teachers- -__________ 32 Selection of Teachers --- —--------------------------------------------- 33 Compulsory Attendance --- —----------------— ________ --------- 35 Sale of Certain Articles to Children Prohibited~ ____-_____________-___-_-37 Employment of Minors and Compulsory Attendance --- —-----------— __- 37 Night Schools- - _______________________________________________ 47 Education of Illiterate Children and Adults --- —------------------------- 47 Elementary Night Schools in the Rural Districts_ --- —-------- 48 Training Courses for Rural Teachers in the High Schools ---------------- 49 Supervisor of Schools- -_ —________________ —_________________________50 Special Duties and Powers of the Commissioner of Education --- —--------- 51 Bands of Mercy- - _________________ — __________ —_______-________-_53 School Lunch Room --- —----------------------------------------------- 53 Annual Report- --------- -- 54 Schools of Culebra- -___________________ -------— _ 55 Books --- —------------------------------------------------------- 55 ScholarshipsNormal School --- —---------------------------------------- 56 -College of Agriculture and Mechanic Arts-Agricultural Sciencees-Municipal Funds - 57 College of Agriculture and Mechanic Arts-Agricultural Scineces-Insular Funds ------------ 58. College of Agriculture and Mechanic Arts-Architecture - -59 Arts and Trades, in the United States _______-____-________ --- — 6O 0 Arts and Trades, in the United States (Additional) ------- -8 --- —-- 61 Journalism- -_ --------------------- Gradod 2shool — a - - - --------------- -- - -- 101 102 INDEX Pages Teachers' Pension Fund --------------------------------- 64 Retirement Fund -- 70 Industrial Schools- ------- _ —__ —___________________________-73 Agricultural and Industrial Teaching --- —------------------------------- 75 Division of Extension and Examination_______________ --- —-------------— 76 School Hygiene________________________ --- —----------------------— 78 Technical Research ------------------------------------- 79 Publication of the School Law ---- I _____-________-_____-79 Repealing Clause -__ --- —----------------- ------------------- 80 Sale of School Equipment ----------------------------------- 80 University of Porto Rieo______________________ ---_____________________ 81 Graduate School of Tropical Agriculture ___________ --- —-------------- 85 University Degrees, Polytechnic Institute __________________________- 88 Rules and Regulations of the Department of EducationRenewal of Teachers' Licenses~ --- —-----------------— _ --- —------ 89 Vacation Leave for Supervisors of Schools_ --- —--------------------- 90 Duties of Supervisors of Schools --- —------------------------------- 91 Duties of Principals and Teachers --------------------------------- 91 Duties of Principals- - __________ — ____________________________91 Duties of Teachers- - ________________________________________ 93 Rights of Teachers- - __________________________________________ 94 Suspension- -______ ----______________________ —___________________94 Corporal Punishment_-___ --- —----------------------------------- 95 Medical Certificates~ ___________________________________________ 96 School Strikes --- —------------------------------------------------ 96 Selection of Teachers --- —----------------------------------------- 97 Coitracts with Certain Married Women --- —-------------— ____-_ --- 98 0-O-o THE UNIVERSITY OF MICHIGAN DATE DUE AUG 0 1 1995 BOUND DEC2O LO* UNIV,,I Ut"*YAR 3 915 02744 1883 / 11 el, mgx - I II ",, ".,, ", I,-, " ,71 -- -,, -,, - "I i,.,, ", %I, - I I 11,,.,, ,'-J,." 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