Page images
PDF
EPUB

duties of their office; the oath of office and bonds to be filed with said clerk. The ballots used at such election shall state the names of the persons and the office, and the length of term voted for. ['96, p. 479*; '97, p. 120. Registration for school elections, 816. Official bonds generally, ?? 1682-1686.

1805. Organization of school board. The trustees, or any two of them whose official bonds have been approved, shall constitute a quorum for the transaction of business. They shall meet and organize within twenty days after their election or appointment, by appointing one of their number chairman, another clerk, and another treasurer, and shall at once notify the county superintendent of such organization. Said trustees, when thus organized, shall constitute the district school board. The treasurer shall give bond to the district with sufficient sureties and for a sufficient amount, to be approved by the board of trustees and filed with the county clerk. ['96, p. 479; '97, pp. 120-1.

When county commissioners may levy special tax on school districts, 1801. Annual district school tax levy, 1815. Annual county school tax levy,

?? 1865, 2593. Power of county commissioners to levy taxes, 511, sub. 1.

1806. School elections, how called. Meetings for the election of trustees and for county superintendents of district schools and for voting on the rate per cent of taxes to be assessed, and on the question of issuing bonds, shall be called by the trustees causing notices to be posted in at least three public and conspicuous places within the district, at least twenty days before the time for holding such meeting. Such notice shall state the time, place, and object of such meeting and the officers to be elected, and if the polls are to be opened at any such meeting to determine any question, the notice shall state the hours at which the polls will be opened and closed. All business transacted at such meeting other than specified in said notice shall be void. The voting at such meetings shall be by secret ballot. ['96, pp. 479-80*; '97, p. 121.

1807. Id. County clerk to furnish registration list. Judges. Polls. It shall be the duty of the county clerk to furnish the board of trustees of the district at least five days previous to the day of election, a certified copy of the registration list, showing the names of all registered voters residing in the election districts covered in whole or in part by such school district. The board of trustees of the district shall act as judges of election, and the clerk of the district school board shall act as clerk. The polls shall be kept open during at least four successive hours on the day of election. In case of a vacancy occasioned by the absence of any of the said officers at any election for trustee, the registered voters who are present at the time of the opening of the polls shall choose a person to fill such vacancy. ['96, p. 480; '97, p. 121.

1808. Conduct of elections and qualification of electors. Voting. Ballots. School elections held under the provisions of this chapter shall be conducted, and the qualification of electors shall be, as provided in the general election laws, except as in this chapter otherwise provided. It shall not be necessary to file certificates of nomination of candidates, nor to publish a list of nominations. It shall be the duty of the county clerk to furnish the board of trustees of every school district with a sufficient number of plain envelopes for election purposes, and such envelopes shall be uniform in size and quality, without any marks, writing, printing, or other device upon them, and no other kind shall be used at any election. Ballots shall not be printed at public expense. Every voter shall designate on a single ballot, written or printed, the name of the person or persons voted for, with a pertinent designation of the office to be filled. The ballot shall be neatly folded and placed in one of the envelopes herein before provided for, and shall be delivered to the presiding judge of election, who shall. in the presence of the voter, on the name of the proposed voter being found on the registry list and on all challenges to such vote being decided in favor of such voter, deposit it in the ballot box without any mark whatever being placed on such envelope; otherwise the ballot shall be rejected. The registry and poll lists

shall be preserved by the clerk of the school board. The ballots cast and those rejected as "excess" or "defective" shall be carefully sealed in a strong envelope and shall be preserved by such clerk for one year. ['97, pp. 121–2.

[blocks in formation]

1809. Id. Canvass of votes. Ties. Immediately after the polls are closed, the judges shall proceed to count and canvass the votes cast at such election and the person receiving the highest number of votes for trustee shall be declared elected. The result of the vote for county superintendent of district schools shall be certified by the judges to the county clerk. All ties shall be decided by lot. ['96, p. 480; '97, p. 122. 1810. Id. The clerk of the school board shall, within five days after such election, furnish each trustee with a certificate of election, a copy of which, with the oath of office, must be forwarded immediately to the county superintendent. ['96, p. 480; '97, p. 122.

Certificate of election.

1811. Who qualified to vote for tax, bonds, etc. Every citizen of the United States of the age of twenty-one years or over who has been a resident of the state of Utah for one year, of the county four months, and of the school district for sixty days, both immediately preceding the day on which any meeting is held for the purpose of voting on the question of levying a special tax or issuing bonds for any school district, or high school district, or for selecting a schoolhouse site, and who has paid a property tax in said district during the year next preceding, shall be entitled to vote at any such meeting. ['96, pp. 480-1; '97, p. 122.

Qualifications of voters, Con. art. 4, sec. 2.

VACANCIES.

1812. Filling vacancy in school board. Should a vacancy occur in the office of trustee of a school district, the remaining trustees shall immediately appoint some qualified elector of the district to fill the vacancy, and such appointee shall qualify and serve until the next school election, and until his successor is elected and qualified; provided, that in case two or more vacancies occur at the same time in the office of trustee in any school district, the board of county com- missioners of the county in which such district is situated shall fill such vacancies. ['96, p. 485; '97, pp. 122-3.

1813. Id. A vacancy in the office of trustee vacates the office which such trustee held in the school board, and such vacancy shall be filled by appointment of the board. ['96, p. 485; '97, p. 123.

1814. Resignations. Removals from district, etc. Any officer of a school district may resign, but such resignation shall not take effect until his successor has qualified according to law. Any office of a school district shall be deemed vacant if the person duly elected or appointed thereto shall remove from the district, or neglect or refuse, for the period of twenty days after such election or appointment, to accept and qualify for such office. ['96, p. 485*; '97, p. 123.

CHAPTER 6.

POWERS AND DUTIES OF TRUSTEES.

1815. School board to have general control. Annual and special tax. The school district board shall have general charge, direction, and management of the schools of the district, and the care, custody, and control of all property belonging to the district, subject to the provisions of law. It may annually order to be raised on the taxable property of the district, one-half of one per

cent for the support of schools and to defray current expenses; additional funds may be raised for such purposes by vote of the qualified voters as provided in chapters five and eleven of this title. ['96, p. 481*; '97, p. 123.

1816. To maintain, locate, or discontinue schools. It shall organize. maintain, and conveniently locate schools for the education of the children of school age within the district, or change or discontinue any of them according to law. ['96, p. 481; '97, p. 123.

1817. To make repairs, furnish supplies, etc. It shall make all necessary repairs to the schoolhouses, outbuildings, and appurtenances, and furnish fuel and necessary supplies for the schools. ['96, p. 481; '97, p. 123.

1818. To furnish text books, furniture, etc. It shall furnish all necessary and suitable furniture, maps, charts, apparatus, and reference books. It shall have power to establish and support school libraries; to purchase, exchange. and improve the school apparatus, books, furniture, fixtures, and all other school supplies, in said schools; to supply and loan to pupils in the several grades and departments of said schools, free of charge, all text books and supplies used by the pupils of said schools; to sell to pupils in the several grades and departments of said schools, at cost, all text books and supplies used by the pupils of said schools; to collect all books and apparatus loaned to pupils of the public schools of any such district, or damages for the loss, injury or destruction of the same. The school register and all school blanks, except those used solely for district and county purposes, shall be those furnished by the state superintendent. ['96, p. 481*; '97, pp. 123-4.

1819. To employ teachers. Dismissal. It shall employ the teachers of the schools of the district, and may dismiss any teacher for violation of contract, immorality, or neglect of duty. Every contract for the employment of a teacher must be in writing, but no such contract shall extend beyond the thirtieth day of June next following. The county superintendent shall be informed immediately of the engagement or dismissal of any teacher. It shall have power

to grant to the teacher or teachers a day each term for the purpose of visiting other schools; provided, that such visits shall be made under the direction of the school board. ['96, p. 481*; '97, p. 124.

1820. To admit pupils from other districts, make rules, etc. It shall have power to admit to the schools in the district pupils from other districts when it can be done without injuring or overcrowding such schools, and shall have power to make regulations for their admission and to charge and collect reasonable fees for their tuition. It shall have power to arrange with the board of an adjacent district for sending to such district such pupils as can be conveniently taught therein, when for any cause such pupils cannot be conveniently taught in the district where they reside, and for paying their tuition. also have power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district and their transfer from one school to another. ['96, pp. 481-2; '97, p. 124.

Compulsory attendance of children, 1962-1965.

It shall

1821. To assist in governing school. Suspensions and expulsions. It shall assist and co-operate with teachers in the government and discipline of the schools, and in connection with the county superintendent make proper rules and regulations therefor. It may suspend or expel from school any insubordinate or habitually disobedient pupil; provided, that such suspension or expulsion shall not be for a longer period than ten days, nor beyond the end of the current term of school, unless in the judgment of the board such pupil is incorrigible. ['96, p. 482; '97, pp. 124-5.

1822. To permit use of schoolhouse for other purposes. It may permit a schoolhouse, when not occupied for school purposes, to be used for any purpose which will not interfere with the seating or other furniture or property;

and shall make such charges for the use of the same as they may decide to be just; but for any such use or privilege the district shall not be at any expense for fuel or otherwise. ['96, p. 482*; '97, p. 125.

In case

1823. Election to provide school site or building, etc. When necessary for the welfare of the schools of the district, or to provide proper school privileges for the children therein, or whenever petitioned so to do by one-fourth of the resident taxpayers of the district, the board shall call a meeting of the qualified voters, as defined in section eighteen hundred and eleven, at some convenient time and place fixed by the board, to vote upon the question of selection, purchase, exchange, or sale of a schoolhouse site, or the erection, removal, purchase, exchange, or sale of a schoolhouse, or for payment of teachers' salaries, or for current expenses of maintaining schools. The chairman of the board shall be chairman, and the clerk of the board secretary of such meeting. either of these officers is not present, his place shall be filled by someone chosen by the voters present. A notice, stating the time, place, and purpose of such meeting, shall be posted in three public places in the district by the clerk of the district board at least twenty days prior to such meeting. If a majority of such voters present at such meeting shall by vote select a schoolhouse site, or shall be in favor of the purchase, exchange, or sale of a designated schoolhouse site, or of the erection, removal, or sale of a schoolhouse, as the case may be, the board shall locate, purchase, exchange, or sell such site, or erect, remove, or sell such schoolhouse, as the case may be, in accordance with such vote; provided, that it shall require a two-thirds vote to order the removal of a schoolhouse. ['96, pp. 482-3*; '97, p. 125.

1824. Organizing new schools. If a petition, signed by the persons charged with the support and having the custody and care of fifteen or more children of school age, all of whom reside two miles or more from the nearest school, be presented to the board asking for the organization of a school for such children, the board may organize, equip, and maintain such school and employ a teacher therefor. ['96, p. 483; '97, p. 125.

1825. Length of time for holding school. The district board shall determine and fix the length of time the school in the district shall be taught in each year, and when each term shall begin and end. It shall so arrange such terms as to accommodate and furnish school privileges equally and equitably to pupils of school age; provided, that every district school shall be kept in session not less than two terms in each school year; and provided further, that any school may be discontinued when the average attendance of pupils therein for twenty consecutive days shall be less than eight, or when, with the consent of a majority of the patrons of such school, proper and convenient school facilities can be provided for the pupils in some other school. ['96, p. 483; '97, p. 126.

1826. Annual school census. The board shall cause the clerk to make and transmit to the county superintendent, between the first and third Monday in July of each year, an enumeration, subscribed and sworn to by said clerk, of all persons over six and under eighteen years of age residing in the district, giving: 1. The name, age, sex, and color of each person.

2. The number attending district schools.

3. The number attending private schools.

4. Such other facts as may be required by law or by the county superintendent.

Such report shall include a list stating the names, ages, postoffice addresses, and the names of the parents or guardians, of all persons over the age of five and under the age of thirty years residing in such school district too deaf, too dumb, or too blind to receive an education in the public schools. ['96, p. 483*; '97, p. 126.

1827. Setting out shade trees. It shall be the duty of the district board to cause to be set out and properly protected as many shade trees as the size, loca

tion, and arrangement of the school lot will justify, and such expense shall be paid from the special school fund. It shall be the duty of the county superintendent to see that this requirement is complied with. ['96, p. 483; '97, p. 126.

1828. Records and reports of board. Compensation. It shall be the duty of the district board to keep an accurate journal of its proceedings, an account of all moneys paid to the treasurer and of all moneys paid on orders drawn on the treasurer, and prepare and cause to be presented to the voters at the regular annual meeting held on the second Monday in July, of each year, a statement, under oath, showing: First, the moneys on hand at the date of the last annual report, the moneys received by the treasurer since such report and from what sources received; second, the amount of sinking fund and how invested; third, the amounts paid out, to whom and for what paid; fourth, the balance of school money in the hands of the treasurer; fifth, the number, date, and amount of every bond issued or redeemed under the authority given in this title, and the amount received or paid therefor, to which statement shall be added a report showing the management and condition of the schools in the district during the preceding year. A copy of such statement and report, together with such other reports as may be required by the state superintendent, and for which blank forms have been provided, shall, on or before the fifteenth day of July of each year, be filed with the county superintendent. They shall also present with their statement to the superintendent; vouchers for all moneys paid out; provided, that trustees shall each receive such compensation for their services as may be voted at such meeting. ['96, p. 484; '97, pp. 126–7.

1829. Physiology and hygiene. It shall be the duty of all boards of education and trustees in charge of schools and educational institutions supported in whole or in part by public funds to make provision for systematic and regular instruction in physiology and hygiene, including special reference to the effects of stimulants and narcotics upon the human system. ['97, p. 127.

CHAPTER 7.

HIGH SCHOOLS.

1830. When trustees may provide high schools. Pupils. The trustees of any school district having a population of over fifteen hundred, when authorized by a majority vote of the property taxpayers resident in the district present at an annual or at a special meeting called for the purpose, may establish and maintain a high school, in which pupils may be instructed in higher branches of education than those usually taught in the district schools, and pupils over eighteen years of age may be admitted to and instructed in such schools on such terms as to tuition and otherwise as the trustees may prescribe. ['96, p. 484; '97, p. 127.

Authority to maintain high schools, Con. art. 10, sec. 2. High schools in cities, 1913.

1831. Districts may unite to maintain high school. Election. Taxation. Two or more contiguous school districts may unite and form a high school district in the manner following: At the written request of the respective boards of trustees of the constituent school districts, or of any ten legal voters residing in each of said districts, it shall be the duty of the county superintendent of schools to give at least ten days' notice of a time and places for meetings of such electors residing in such districts as have the qualifications prescribed in section eighteen hundred and eight, by posting written notices in at least five public places in each of said districts, at which meetings the said electors shall vote by ballot for or against the organization of a high school district; and if a

« PreviousContinue »