The difference in the qualifications of teach ers provided for the schools of the several States also results in an inequality of educa tional opportunity for the children residing in such States. It is known that in some States young people 16 years of age, and even under such age, are employed as teachers. In 19 of the States there is no minimum age requirement for teachers employed in the pub lic schools. In a majority of the States large numbers of teachers are employed whose edu cation has been obtained solely in the element ary school. In many States the authority to teach is determined entirely by an examination based on preliminary subjects only.
In 26 States the salary paid the chief execu tive or supervisory school officer is not above t3,000 and runs as low as $1,800. In one of the States the State superintendent of public in struction is chosen at the general election, hav ing been nominated at a direct primary, for a period of two years. He receives a salary of $2,500. His duties are defined in the law as follows: " To have general supervision of the public schools; keep official records. etc.. at his office in the State capitol; furnish to county examiners questions for the eiuurdnation of teach ers; furnish blanks, registers. etc., to county examiners for use of school officers; prepare and furnish poll books for use at school elections; aid commissioners of the school fund in the administration of the same; make annual report to the governor as to the condition of the schools and the school fund, which report shall be transmitted to the legislature; apyu• annually to comities the State Whoa @kale' on the basis of number of persons between el and years old; have school laws published and distribute the same; give opinions as to construction of school laws." This official is a fiscal school officer under the duties imposed upon him by law and not a leader directing and stimulating the educational affairs of his State.
A constitutional mandate requiring the maintenance of free schools throughout a State must be interpreted to mean that so far as pos sible the system of common schools established throughout the State shall provide equal educa tional opportunities for all the children of the State. It does not mean that a State school system may be established which must of neces sity, by its very form of organization, give to the children of one section of the State or of any community in the State educational facili ties which are denied the children of another section or of another community. It must also be held that, under this provision of the consti tution, a State school system must be established which imposes equal burdens upon the taxpay ers who support such system. Inequality of taxation for school purposes is unequality of educational opportunity. A school system, therefore, whose administration imposes an in equality of taxation and which does not pro vide equal educational opportunities does not conform to the letter or the spirit of the con stitution and should be modified.
In many States funds have been established, the revenue of which is used for the support and maintenance of schools. In nearly all
States provision is made by which funds are appropriated from the State treasury for the support and maintenance of schools, and ap portioned by the chief school officer of the State to the various districts or cities in the State. In some States, as in California, New York, Pennsylvania, New Jersey, Minnesota and Washington, large appropriations are made by the State for the support of the schools. The balance which is needed in any district or city to meet the expense of the maintenance of schools, after applying State funds, is raised by local taxation. Nearly all the States main tain State normal schools for the training of teachers for the public school system, and not only construct the buildings at State expense but meet all the expenses of maintenance and operation.
There is a tendency in legislation on educa tional matters to follow the general policy of the whole country in legislation upon other important subjects, and to establish in a greater degree State uniformity, direction and super vision in educational matters. In several States provision has been made for minimum salaries of teachers, for the uniform certification of teachers, for the retirement of teachers, for the supervision of schools, for compulsory attend ance, for medical inspection and health instruc tion of pupils, and for the construction of sani tary and safe school buildings.
In some States the administration of pub lic education is highly centralized under the direction of the chief educational officer of the State. This is notably true in the State of New York. In such State the commissioner of education prescribes the conditions on which students may enter State normal schools; he prescribes the courses of study in the State normal schools; he has the final approval of teachers appointed in such institutions and he appoints the members of the local boards in charge of the administration of such schools. The examination and certification of teachers is in accordance with rules and regulations which he prescribes; he is authorized by law to prescribe, by regulation, the functions of dis trict superintendents who supervise rural schools; he may also, by regulation, impose upon city superintendents and boards of edu cation throughout the State duties in the ad ministration of the schools; he may condemn schoolhouses in any part of the State and re quire new buildings to be erected; he has judi cial authority in determining all school con troversies arising throughout the State, and his decisions in such matters are final 'and not sub ject to review by the courts. The tendency throughout the country is strongly toward greater centralization. This is due to the fact that education is more and more recognized as a matter to which the State must give more careful direction and supervision. A law which is State-wide can be made stronger and more effective than a local law. A general statute is respected more by the public, and is, therefore, more readily enforced, than a local statute.