School

any teaching regularly of two or more persons in a group.

Defined by the Supreme Court in Stainback v. Mo Hock Ke Lok Po, 336 U.S. 368 (1949).

+ 7 more definitions — see all 15 over time

An institution of learning of a lower grade than a college or a university. A place of primary instruction. Webster, Diet. As used in the American reports, the term generally refers to the common or public schools existing under the laws of each state and maintained at the expense of the ' public. Public school is synonymous with common school; but the term is not limited to a school of the lowest grade; it includes all schools from those lower than grammar schools to high schools, but not one founded by a charitable bequest which vests the order and superintendence of it in a board of trustees; Jenkins v. Andover, 103 Mass. 97. A common school is one which is common to children of proper age and capacity, free and under the control of the qualified voters of the district. School Dist. No. 20, Spokane Co., v. Bryan, 51 Wash. 498, 99 Pac. 28, 20

An Institution of learning of a lower grade, below a cellege or a university. A place of primary instruction. The term generally refers to the common or public schools, maintained at the expense of the public. See American Asylum v. Phoenix Bank, 4 Co.nn. 177, 10 Am. Dec. 112; In re Sanders, 53 Kan. 191, 36 Pac. 348, 23 L. R. A. 603; Com. v. Banks, 198 Pa. 397, 48 Atl. 277.

— Common schools. Schools maintained at the public expense and administered by a bureau of the state, district, or municipal government, for the gratuitous education of the children of nil citizens without distinction. Jenkins v. Andover, 103 Mass. 98; People v. Board of Education, 13 Barb. (N. Y.) 4lO; Le Coulteulx v. Buffalo, 33 N. Y, 337; Roach v. Board of Directors, 7 Mo. App. 567.

— District school. A common or public school for the education at public expense of the children residing within a given district; a public school maintained by a "school district." See infra.

— High school. A school in which higher branches of learning are taught than in the common schools. 123 Mass. 306. A school in which such instruction is given as will prepare the students to enter a college or university. Attorney General v. Butler, 123 Mass. 306; State v. School Dist., 31 Neb. 552, 48 N. W. 393; Whitlock v. State, 30 Neb. 815, 47 N. W. 284.

— Normal school. A training school for teachers; one in which instruction is given in the theory and practice of teaching; particularly, in the system of schools generally established throughout the United States, a school for the training and instruction of those who are already teachers in the public schools or those who desire and expect to become such. See Gordon v. Co.mes, 47 N. Y. 616; Board of Regents v. Painter, 102 Mo. 464, 14 S. W. 938, 10 L. R. A. 493.

— Private school. One mnintained by private individuals or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain class or possessing certain qualifications, (racial, religious, or otherwise,) and generally supported, in part at least, by fuition fees or charges. See Quigley v. State, 5 Ohio Cir. Ct. R. 638.

— Public schools. Schools established Under the laws of the state, (and usually regulated in matters of detail by the local authorities,) in the various districts, counties, or towns, maintained at the public expense by taxation, and open without charge to the children of all the residents of the town or other district. Jenkins v. Andover, 103 Mass. 07; St. Joseph's Church v. Assessors of Taxes, l2 R. 1.19, 34 Am. Rep. 597; Merrick v. Amherst, 12 Allen (Mass.) 508. A public school is one belonging to the public and established and conducted under public authority ; not one owned and conducted by private parties, though it may be open to the public generally and though tuition may be free. Gerke v. Purcell, 25 Ohio St. 229.

— School board. A board of municipal officers charged with the administration of the affairs of the public schools. They are commonly organized under the general laws of the state, and fall within the class of quasi corporations, sometimes coterminous with a county or borough, but not necessarily so. The members of the school board are sometimes termed "school directors," or the official style may be "the board of school directors." The circuit of their territorial jurisdiction is calied a "school district," and each school district is usually a separate taxing district for school purposes.

— School directors. See ScqooL Board.

— School district. A public and quasi municipal corporation, organized by legislative authority or direction, comprising a defined territory, for the erection, maintenance, government, and support of the public schools within its territory in accordance with and in subordination to the general school laws of the state, invested, for these purposes only, with powers of local self-government and generally of local taxation, and administered by a board of officers, usually elected by the voters of the district, who are variously styled "school directors," or "trustees," "commissioners," or "supervisors" of schools. See Hamilton v. San Diego Co.unty, 108 Cal. 273, 41 Pac. 305; Landis v. Ashworth, 57 N. J. Law, 509, 31 Atl. 1017; Travelers' Ins. Co., v. Oswego Tp., 59 Fed. 64, 7 C. C. A. 669; Board of Education v. Sinton, 41 Ohio St. 511.

— School lands. See Land.

— School-master. One employed in teaching a school.

V. Common.

A place for instruction, particularly for the young. In the constitution of California, " schools " refers to common or public schools, such as are organized for the sole purpose of disseminating knowledge and imparting scholastic instruction.* Common or public schools. Schools supported by general taxation, open to all free of expense, and under the control of agents appointed by the voters. * The phrases are never applied to the higher seminaries of learning, such as Incorporated academies and colleges.' All schools established as part of the general system of popular education, and open and free to all children and youth who are of proper age and other qualification. Does not include private schools supported and managed by individuals." " Common " denotes that the schools are open and public to all. " Common " and " public " are used interchangeably. "School" does not imply a restriction to the mdiments of an education.' The words '* common schools " have in themselves no definite meaning.* 1 Story, Eq. PI. §§ 269-70. a See 109 U. S. 532, 533, 569; 91 N. Y. 639. s Mc Kinney v. Griggs, 6 Bush, 417-18 (1869), Williams, Chief Justice. Aid Society v. Eeis, 71 Cal. 631 (1887), Foote, C. 5 Merrick v. Amherst, 12 Allen, 509 (1866), Bigelow, Chief Justice. Jenkins v. Andover, 103 Mass. 98-100 (1869), Chapman, C. J. See also People v. Board of Education of Broofclyn, 13 Barb. 400, 410 (1851),— in which a " Roman Catlnlic Orphan Asylum " was held not to be a common* school. 'floach V. St. Louis, 77 Mo. 487 (1883), Ray, J. School-house. A house for instruction.; any building in which a school is kept.i Separate schools. Schools for the education of the children of a sect or race; particularly, schools exclusively for the children of African parents, — sometimes called " colored" schools. The question as to the constitutionality of laws providing for separate schools does not arise under the clause in the Fourteenth Amendment which prohibits the States from enacting "any law which shall abridge the privileges or immunities of citizens of the United States," since this clause refers exclusively to privileges enjoyed by individuals as citizens of the United States. Education has not been made a matter of national, but of domestic, concern. Unless the constitution of a State directs otherwise, its legislature is not required to adopt any system of public instruction at all; but when it has once established a system, the clause in the Amendment which forbids a State to deny to any person "the equal protection of the laws" controls the exercise of power over the enjoyment of the rights conferred by the system. The weight of authority is that it is still left to the legislatures to provide for the maintenance of separate schools for children of African parentage. The reasoning is that equality does not necessarily imply identity of i-ights. All decisions, however, hold that the schools, if separate, must afford equal advantages.'' A law is unconstitutional which, while taxing whites and blacks alike, directs that only the money collected from the blacks shall be used to sustain their schools, the whites thereby enjoy ing superior school facilities. The act of Kentucky of February 23, 1874, establishing a uniform system of common schools for colored children, is unconstitutional, because, by implication, it excludes negro children from a, share in the proceeds of the common-school fund set apart by the conto the common-school systems, of the States, see 2 Kent, 195-201. ' Luthe II. Farmers' Mut. Fire Ins. Co., 65 Wis. 546, 548 (1882); — in which insurance placed upon a dwelling-house, converted into a school-house, was held void as upon the school-house, the same not having been continued upon the " school-house " by a majorivote of the members of a town company, as required by law. 2 See United States v. Bun tin, 10 F. R. 730 (1882); ib. 736, note; Bertonner v. New Orleans, 3 Woods, 177, 180 (1878); Roberts v. Boston, 5 Cusb. 198 (1849); Dallas v. Fosdick, 40 How. Pr. 240 (1869); County Court v. Robinson, 27 Ark. 116 (1871); State v. Mc Cann, 21 Ohio St. 198 (1871); People u Easton, 13 Abb. Pr. 150 (1872); State V. Duffy, 7 Nev. 342 (1872); Ward v. Flood, 48 Cal. 36,41 (1874)- Cory v. Carter, 48 Ind. 329 (1874): People i'. Gallagher.(Brooklyn), 93 N. Y. 433 (1883); 95 U. S. 501-6. Contra, Clark v. Muscatine, 24 Iowa, 270 (1868); Dove V. Keokuk, 41 id. 689 (1875); People v. Detroit, 18 Mich. 400 (1869); Chase v. Stephenson, 71 111. 38) (1874); Board of Education v. Tinnon, 26 Kan. 1 (1881); Kaine v. Commonwealth, 101 Pa. 493 (1SS3): Act 8 June, 1881. stitution, as well as from the annual tax levied on the property of white persons for school purposes. Every man is Interested in the education of the children of his community: his peace and quiet, his happiness and property, are largely dependent upon the intellectual and moral training which it is the object of public schools to supply. Hence the right to tax for maintenance of schools.' The practice of setting apart section sixteen of every township of public lands, for the maintenance of public schools, is traceable to the Ordinance of I'TBS, the first enactment for the disposition by sale of the public lands in the western territory. The appropriation for that object became a fundamental principle by the Ordinance of 1787, which settled the terms of compact between the people and the States of the northwestern territory, and the original States. One article affirmed that " religion, morality, and knowledge " are " necessary for good government and the happiness of mankind," and declared "that schools and the means of education, should be forever encouraged." This principle was extended, first by enactment (1 St. L. 550, § 6), and again, in 1802, by the compact between the United States and Georgia, to the southwestern territory. There is a definite purpose declared to consecrate the same central section of every township of every State which might be added to the Federal system to the promotion of these objects. Reservations of minerals were not made out of that section. On the subject of corporal punishment in schools, see the cases cited to this paragraph,* and Punishment, Corporal. See abode; Axcohol; Appendage; Bond; Charity, 2; CoLLE&E, 2; Education; Lectures; Sectarian; Seminary; Teacher; Tuition; Worship.

1. A formal regulation agreed upon or prescribed by authority: as rules of a society or company, general rules of court. 2. A decision, direction, mandate, or order of court; generally, one less solemn and formal than a decree or judgment, and made incidentally in the progress of a cause, or upon some interlocutory proceeding. In this use, a rule is usually a direction made in writing, and a ruling is a decision orally made, as in excluding evidence. Thus a judge grants a rule to show cause, or makes erroneous rulings on a trial; a party serves a rule to plead, or excepts to a ruling against him. Connected with this sense is — Rule, v.: to decide an incidental point; to give a direction, or determine an interlocutory question or motion, either orally or in writing; to command or require by order of court, as to rule in favor of evidence offered, or to rule a sheriff to return a writ. It is worthy of notice that there is a tendency in the English books to use "rule" for a direction or decision made upon occasion arising in a particular cause, and "orders," for the general regulations to govern practice which are prescribed by the courts to apply in any causes; while in the United States (at least in the states following the code system), the tendency is to use "rules" in the sense of general regulations, and "order," for any decision of an application or motion in a particular cause. Rule absolute. When a rule to show cause has been defaulted, or has been heard, and the cause shown is adjudged insufficient, the rule becomes absolute, making a final, peremptory, unconditional order that the party do as the rule to show cause called upon him to do. A rule absolute is opposed to a rule nisi, or to show cause, and means one not open to argument. Rule of course. There are some rules which the courts authorize their officers to grant as a matter of course, without formal application being made to a judge in open court, and these are technically termed rules of course; also, in former English practice, side-bar rules, because formerly they were moved for by the attorneys at the side bar in court. Examples are the rule to plead, which was an order or command of the court requiring a defendant to plead within a specified number of days; also, the rules to reply, to rejoin, and many others, the granting of which depended upon settled rules of practice rather than upon the discretion of the courts; so that no argument or exercise of judicial decision is needed. Rule of court. A submission to arbitration, or the award of an arbitrator, is said to be made a rule of court, when a court of law or equity makes a rule that such submission or award shall be conclusive. This is authorized by statute as one way of rendering arbitrament of controversies effective and obligatory. The rules for regulating the practice of the courts, and which the judges are empowered to frame, and to put in force, as occasion may require, are termed rules of court. Courts have an inherent power to frame and establish rules; and power of this kind has been explicitly conferred by statute in several instances. Rule nisi, or rule to show cause. In English practice, an ordinary mode of invoking the authority of the court to compel a party to do some act or take some step in the cause is by taking out a rule which is expressed that he do the act or take the step desired, unless (nisi), on a certain day, he shall show cause why he should not be so required. When the day comes, if he makes default, or shows insufficient cause, the rule is made absolute; i.e., he is ordered peremptorily. If he shows cause which is sufficient, the rule is discharged. Rule in Shelley's case. The name given to a celebrated decision argued upon a rule of real-property law, which is briefly thus expressed: That wherever a man, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the word heirs is a word of limitation, and not of purchase; in other words, it is to be understood as expressing the quantity of estate which the party is to take, and not as conferring any distinct estate on his heirs, or the heirs of his body, as the case may be. This doctrine is frequently mentioned in decisions on conveyancing and real-property law, as the rule in Shelley's case. Rules of the king's bench prison. Were certain limits without the walls, within which all prisoners in custody in civil actions were allowed to live, upon giving security by bond with two sufficient sureties to the marshal not to escape, and paying him a certain percentage on the amount of the debts for which they were detained. Bagley Pract. The term corresponds to "jail liberties" or "prison bounds," used with reference to confinement of prisoners in the United States.