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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2900   View pdf image (33K)
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2900 ARTICLE 77

ch. 584, did not repeal act of 1896, ch. 275, providing for erection of a high school at
Annapolis and for its support and control. School Commissioners v. Henkel, 117 Md.
100; School Commissioners v. Morris, 123 Md. 402; Zantzinger v. Manning, 123 Md. 181.

This section confers a comprehensive visitorial power upon the state board which
is summary and exclusive. Where such power is sufficiently comprehensive, the courts
will not interfere. Wiley v. School Commissioners, 51 Md. 405; Shober v. Cochrane,
53 Md. 549; School Commissioners v. Morris, 123 Md. 402; School Commissioners v.
Breeding, 126 Md. 86; Zantzinger v. Manning, 123 Md. 187.

While in matters involving proper administration of the public school system, courts
will not interfere with jurisdiction of state board, such is not the case if the determina-
tion of purely legal questions is involved. In latter case, remedy may be had by
mandamus. Duer v. Dashiell, 91 Md. 669; Underwood v. School Commissioners, 103
Md. 189; Zantzinger v. Manning, 123 Md. 187.

The state board has power to advise county board, and it is duty of latter to act
accordingly. The legislature has a right to confer upon state board the powers mentioned
in this section. Underwood v. School Commissioners, 103 Md. 188; Zantzinger v.
Manning, 123 Md. 187.

A by-law adopted by the state board assumed, but not decided, to be a valid
exercise of power conferred by this section. Construction of such by-law. School
Commissioners v. Wagaman, 84 Md. 162.

This section referred to as showing that members of board of county commissioners
are not "civil officers" within meaning of art. 2, sec. 15, of state Constitution. School
Commissioners v. Goldsborough, 90 Md. 209.

Cited but not construed in School Commissioners v. Adams, 43 Md. 354; Williams v.
Zimmerman, 172 Md. 570.

See notes to secs. 9 and 88.

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1888, sec. 12. 1872, ch. 377.

1916, ch. 506, sec. 12.

12. The state board of education shall exercise, through the state
superintendent of schools and his professional assistants, general control
and supervision over the public schools and educational interest of the
State; they shall consult with and advise, through their executive officer
and his professional assistants, county boards of education, boards of dis-
trict school trustees, county superintendents, supervisors, attendance offi-
cers, principals, teachers, and interested citizens, and shall seek in every
way to direct and develop public sentiment in support of public education.

This section referred to in construing sec 149—see notes thereto. Williams v. Fitzhugh,
147 Md. 386.

The state board has power to advise county board, and it is duty of latter to act
accordingly. The legislature has a right to confer upon state board the powers men-
tioned in this section. Underwood v. School Commissioners, 103 Md. 188.

This section referred to as showing that members of board of county commissioners
are not "civil officers" within meaning of art. 2, sec. 15, of the state Constitution.
School Commissioners v. Goldsborough, 90 Md. 210.

See note to sec. 9.

An. Code, 1924, sec. 13. 1912, sec. 12A. 1916, ch. 506, sec. 12A.

13. The state board of education shall prescribe, with and on the ad-
vice of the state superintendent of schools, rules and regulations for the
hygienic, sanitary and protective construction of school buildings and
outhouses.

An. Code, 1924, see. 14. 1912, sec. 12B. 1916, ch. 506, sec. 12B.

14. The state board of education shall prescribe, with and on the ad-
vice of the state superintendent of schools, rules and regulations for grad-
ing and standardizing all public schools. They may limit, on the basis
of the equipment and number of teachers employed, the years and grades
of instruction offered in any public school. They shall prescribe the mini-
mum requirements for issuing all certificates, diplomas, and academic, col-
legiate, professional or university degrees. No public school shall be offi-
cially titled a "high school" without the consent and approval of the


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2900   View pdf image (33K)
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