Page:The school law of Michigan.djvu/93

Rh which the school-house is situated in a different township, the money belonging to such district must be paid over to the treasurer of the township in which the school house is situated, and by that treasurer paid to the district in the same way as in the case of the one-mill and other taxes (2128).

All persons above five years of age who are residents of any school district, have an equal right to attend any pupils public school in the district. No separate school can be maintained at public expense for any person on account of race and color (5070). Persons who are more than twenty years of age are not barred from the privileges of school,and no tuition should be charged to such persons. Resident pupils should have an equal right to all the benefits of the school, and should be allowed to study any branch in any grade to which they belong, without paying tuition (Att&rsquo;y Gen&rsquo;l, November 17, 1891).

The board of education has authority to determine the gradation and classification of pupils, and may prescribe the particular department or building where certain pupils shall attend.

The district board may admit non-resident pupils, and shall determine the rate of tuition of the same, which tuition shall not exceed fifteen per cent, more than the average cost per capita for resident pupils. (Act 131, 1895). It is sometimes supposed that the voters of the district meeting have power to exclude non-resident pupils, but this power rests entirely with the school board.

Non-residents who pay a school tax in a district, are entitled to have the amount of such tax credited on their tuition and are required to pay tuition only when the amount of such tuition exceeds the school tax. (Act 21, 1891).