Page:The school law of Michigan.djvu/106

100 It will be observed that the power to suspend pupils, if possessed by the teacher, must be delegated to him by the board. It sometimes occurs that teachers feel obliged to suspend a pupil before the board can be advised with. Such suspension should be for the day only (45 Wis., 150; 32 Vt., 224; 48 Cal., 36; 133 Mass., 103). Some courts have held that, in extraordinary cases, a teacher may expel a pupil in order to maintain proper control; and that, in case the board reinstates the pupil who becomes a menace to the proper discipline of the school, the teacher may quit the school and maintain an action for the amount of his wages (46 Vt., 452; 27 Vt., 755). Generally, the power to suspend rests with the board alone.

The rules of the board should not be unjust and require more than can legally be enforced. Suspension should be a last resort. A pupil cannot be expelled or suspended for a careless act, no matter how negligent, if it is not wilful or malicious (77 Mich., 605).

Method of Voting.

The method of voting at district meetings, as well as the majority required, depends upon the question under discussion. Though referred to in Chapter IV, we herewith append a summary as follows:

This is necessary in the following cases:

1. To elect all school officers (5053, 5132).

2. To bond the district (5103).

At district meetings this is requisite as follows: