majority of the votes cast at the election in each district are in favor of forming a high school district as aforesaid, then the county superintendent of schools shall give similar notice of meetings of the qualified electors of each of the districts comprising such high school district, for the purpose of electing two high school trustees for said high school district from each of said constituent school districts and for the purpose of deciding whether or not a special tax shall be voted for the purpose of providing and maintaining a high school within such district. The rate of taxation to be voted upon shall be proposed by the county superintendent of schools, and shall be stated in the notice of the meetings. ['97, pp. 127-8.

1832. Organization and term of high school, board. Vacancy. The trustees so elected and the county superintendent of schools shall constitute the board of trustees of such high school district, and the county superintendent shall be ex officio president of the board. The trustees elected as hereinbefore provided shall serve until the next school election within their districts, at which time their successors shall be elected to serve for the term of two years and until their successors are elected. A vacancy in the board shall be immediately filled by the remaining trustees by the appointment of some qualified elector of the district in which the vacancy occurred, and such appointee shall serve until the next school election and until his successor is elected. ['97, p. 128.

1833. Powers and duties of high school trustees. Taxes. The provisions of this title respecting the powers and duties of trustees of school districts shall, as far as conformable with this chapter, apply to, govern, and control the board of trustees of such high school district. They may order to be raised annually on the taxable property of the district a tax of one-half of one per cent for the support of the high school; and a special tax, not to exceed two per cent per annum, may be levied by a majority vote of the qualified electors of the high school district at a special meeting called for that purpose in the manner prescribed for the calling of meetings for a like purpose in the case of other school districts. All taxes levied and assessed under the provisions of this and the next preceding sections shall become due and delinquent at the same time and be assessed and collected by the same officers, and in the same manner, and attach to and become a lien on the real and personal estate assessed, as other school taxes levied and assessed under the provisions of this title. ['97, pp. 128-9.

1834. Bonds of high school district. Whenever the qualified electors of a duly organized high school district, at any regular or special meeting called and held for the purpose, shall determine to issue bonds of such high school district for the purpose of building and furnishing schoolhouses, purchasing grounds on which to locate the same, or to fund or refund any outside indebtedness, the trustees may issue such bonds in accordance with the provisions of chapter fourteen of this title. ['97, p. 129.

1835. Majority vote necessary to elect, etc. At all elections for the purpose of electing trustees or determining whether a tax shall be levied or bonds shall be issued, a majority of the qualified votes cast shall be necessary to elect trustees or to authorize such levy or bond issue. ['97, p. 129.

1836. Judges of election. The trustees of the several school districts comprised within the high school district shall act as judges at all elections held within and for the high school district, and shall canvass and certify the result thereof, as in other cases. ['97, p. 129.

1837. Term of high school. Admission of pupils. The high school may be maintained during forty weeks in each year, and may be free to all children of school age residing in the high school district having such qualifications as may be prescribed by the board, or the board may collect such tuition from pupils as it may deem just. ['97, p. 129.

CHAPTER 8.

TEACHERS.

1838. Notice of opening and closing school. Every teacher on commencing a term of school shall give written notice to the county superintendent of the time and place of beginning such school and the time it will probably close. If such school is to be suspended for more than one week at any one time in said term, the teacher shall notify the county superintendent of such proposed suspension. ['96, pp. 485-6; '97, pp. 129-30.

1839. No compensation to teacher who has no certificate. No teacher shall be entitled to any compensation for teaching in any district school unless he is the holder of a certificate, valid and in force in the county where such school is taught; provided, that if a teacher's certificate shall expire by its own limitation within six weeks of the close of the term, the holder may finish such term without re-examination or renewal of certificate; provided further, that teachers of special subjects and substitutes employed temporarily may be paid, though they hold no certificates. ['96, p. 486; '97, p. 130. Every teacher must have a lawful certificate, ? 1798.

1840. Teacher's certificate to be recorded. Every teacher, before assuming charge of a school, shall present to the county superintendent his or her certificate, who shall record in a book provided for that purpose, the name of the holder, the grade of the certificate, and the date of its expiration. ['97, p. 130.

1841. School register and report. Every teacher shall keep a school register, and at the close of each year make a report in such form and containing such items as shall be required by law. Such reports shall be made in duplicate. one copy of which shall be filed with the clerk of the board, and one copy with the county superintendent. No teacher shall be paid the last month's salary of any year until the report for such year shall be filed as herein required. p. 486; '97, p. 130.

['96,

1842. School year, term, month, etc., defined. Holidays. The school year shall begin on the first day of July of each year, and close on the last day of June of the year following. A school week shall consist of five school days, a school month of twenty school days, and a school term of ten school weeks. No school shall be taught on a legal holiday. A legal holiday falling upon a day which otherwise would be a day of school, shall be counted a day of school, and the teachers shall be paid therefor. ['96, p. 485; '97, p. 130.

1843. Teacher to follow course prescribed. Every teacher in the district schools shall teach pupils the course of study prescribed. ['96, p. 486; '97, p. 130.

1844. Teachers to attend teachers' institute. Each teacher who is engaged in teaching during a period which includes the time of holding a teachers' institute, upon receiving notice from the county superintendent to attend, shall close his school during the holding of such institute and attend the same, and shall be paid by the school board of the district the regular salary as teacher for the time of attendance during such institute, as certified by the county superintendent. The certificate of any teacher may be revoked by the county board of examiners, when upon due examination and inquiry it appears that he is guilty of inexcusable neglect or refusal to attend a teachers' institute held for such county. ['96, p. 486*; '97, pp. 130-1.

1845. Suspension of pupils by teacher. A teacher may suspend from school, for not more than five days at any one time, any pupil for insubordination, habitual disobedience, or disorderly conduct. In such case the teacher shall give immediate notice of such suspension, and the reason thereof, to the

parents or guardian of such pupil, and also to some member of the district school board. [96, p. 487; '97, p. 131.

1846. Teacher to grade pupils. It shall be the duty of the teachers to assign to each pupil such studies as he is qualified to pursue, and to place him in the proper classes; provided, that in graded schools the principal or superintendent shall perform such duty. ['96, p. 487; '97, p. 131.

1847. Use of text books. Damage to school property. Teachers shall enforce the use of text books and the rules and regulations prescribed for schools. Any pupil who cuts, defaces, or otherwise injures any school property is liable to suspension from school, and upon complaint of the teacher or any trustee, the parent or guardian of such pupil shall be liable for all damages. ['96, p. 487; '97, p. 131.

1848. Prohibited doctrines. Moral instruction. No sectarian control. No atheistic, infidel, sectarian, religious, or denominational doctrine shall be taught in any of the district schools of this state. Moral instruction tending to impress upon the minds of the pupils the importance of good manners, truthfulness, temperance, purity; patriotism, and industry, shall be given in every district school, and all such schools shall be free from sectarian control. ['96, p. 487; '97, p. 131.

Schools to be free from sectarian control, Con. art. 3, sec. 4; art. 10, sec. 1.

1849. Text books for indigent pupils. Necessary text books and supplies shall be furnished by the school board, free of charge to indigent pupils. Such books and supplies shall be used under the direction of the teacher. ['96, p. 487; '97, p. 131.

1850. English language used. All district schools in this state shall be taught in the English language. ['96, p. 487; '97, p. 131.

1851. Admission of pupils. Every district school shall be open for the admission, free of charge, of all children living in the district over six and under eighteen years of age, and of children within the required age, whose father, mother, or guardian is a taxpayer within said district. Any person over eighteen years of age may be admitted to any district school, in the discretion of the board of trustees, at such rate of tuition as the trustees may prescribe; provided, that beginners shall not be received into the schools except during the first four weeks after the opening of the first and third terms. ['96, p. 493*; '97, pp.

131-2.

1852. Protecting against contagious diseases. The teacher or board shall not allow any pupil to attend the district schools while any member of the household to which such pupil belongs is sick with any infectious or contagious disease, nor during the period of two weeks after the death, recovery, or removal of such sick person, and then only upon a certificate of a competent physician or written permit of the district school board. ['96, p. 493; '97, p. 132.

1853. Uniform compensation for like services. Females employed as teachers in the public schools of this state shall in all cases receive the same compensation as is allowed to male teachers, for like services, when holding the same grade certificates. ['96, p. 85; '97, p. 132.

CHAPTER 9.

TEXT BOOKS.

1854. Text books, selected by whom. The state superintendent, county superintendents, and the principal of the state normal school, or a majorty of them, shall decide what text books shall be adopted in the district

schools, except in cities of the first and of the second class; and their use shall be mandatory in all district schools of the state except in cities of the first and of the second class. ['96, p. 488; '97, p. 132.

Neither legislature nor state board may prescribe text books, Con. art. 10, sec. 9. Adoption of text books in cities, 22 1927-1932.

1855. Convention to be called, when. Changing text books. The state superintendent shall call a convention at least thirty days prior to the expiration of any contract regulating the supply and use of text books in the district schools throughout the state, and shall give at least sixty days' notice of the time of holding such convention, by publication in a newspaper having general circulation in the state. Said notice shall state the subjects upon which text books will be adopted, and that sealed proposals will be received by the state superintendent of schools for furnishing such books, the place where and the day and the hour when all proposals will be opened, and that the convention reserves the right to reject any and all proposals. Said convention shall be called for the adoption of text books every five years from and after the first adoption, as herein provided; and any text book so adopted shall not be changed within a period of five years after its adoption, except for a sufficient cause to be decided at a special convention called for that purpose. ['96, p. 488; '97,

pp. 132-3.

1856. Proposals for text books and awards. At the time and place specified in said notice, the convention shall meet and publicly open and read all the proposals which have been received, and shall make their awards therein within thirty days thereafter. ['96, p. 488; '97. p. 133.

1857. Samples and prices. Sealed proposals must be accompanied by sample copies of the books proposed to be furnished, together with a statement. of the introductory or exchange price, and of the wholesale and retail prices at which the publishers agree to furnish each book within the state during the full time for which said books may be adopted. ['96, p. 488; '97. p. 133.

1858. When proposals are unsatisfactory. If no satisfactory proposals are received, the books already in use shall continue in use until changed as herein provided. ['96, p. 488; '97, p. 133.

1859. Publishers to enter into contract. The publisher or publishers whose proposals shall be accepted must enter into a written contract with the state superintendent of schools, and shall give a bond with two sufficient sureties in a reasonable sum, to be fixed by the convention, for the faithful performance of such contract. ['96, p. 488; '97, p. 133.

1860. School officer or teacher not to act as agent. No school officer or teacher in any district school in this state shall act as agent for any author, publisher, bookseller, or other person to introduce any book, apparatus, furniture, or any article whatever in any district in which such school officer or teacher is officially engaged. ['97, p. 133.

1861. Receiving bonus from publisher. Penalty. If the state superintendent, or any county or city superintendent, or other school officer shall receive from the publisher of any school books, or from any other person interested in the sale or introduction of any books, maps, charts, or other school supplies into the public schools in the state, any money or bonus in any manner as an inducement for the recommendation or introduction of any such book in the schools of the state, such person shall be guilty of a misdemeanor. ['97. p. 133.

1862. Failure to enforce use of books adopted. Penalty. If the trustees of any district shall refuse or neglect to enforce the use of text books adopted by the convention, such refusal or neglect shall be a misdemeanor on the part of any trustee so refusing or neglecting, and shall be punishable by a fine not exceeding one hundred dollars and by removal from office. ['96, p. 489; '97, p. 133.

CHAPTER 10.

STATE AND COUNTY TAX.

1863. State treasurer to receive and pay over school fund. The state treasurer shall receive and hold as a special fund all public school moneys paid into the state treasury, and pay them over on the warrant of the state auditor, issued upon the order of the state superintendent of public instruction in favor of the county treasurer of each county for the amount due said county, and in favor of the treasurer of each board of education for the amount due such board. ['96, p. 490*; '97, p. 134.

1864. County superintendent to make estimate of funds needed. The county superintendent shall, on or before the first Monday in May of each year, furnish the board of county commissioners an estimate in writing of the amount of school funds needed for the ensuing year. ['96, p. 490*; '97, p. 134.

1865. County school tax. Levy. Rate. Collection. The board of county commissioners of the county, at the time of making the annual levy of other county taxes, must levy a county school tax upon all taxable property of the county, except such as is within any city of the first or of the second class; provided, that said tax shall not exceed four mills on the dollar of valuation of the property taxed. Said tax shall be collected by the officer charged with the collection of general taxes, at the same time and upon the same valuations of the property taxed as other county taxes, and shall be paid into the county treasury of the county to the credit of the county school fund. ['96, p. 490*; '97, p. 134. When commissioners may levy special district tax, 1801. Annual county and school levy, 2593.

1866. Duties of county treasurer concerning school funds. The county treasurer shall receive and hold, as a special school fund, subject to the orders of the county superintendent, all public school moneys from whatever source received, and keep a separate account thereof; and when the same is apportioned to the school districts, he shall pay it to the district treasurers upon the warrants of the county superintendent. He shall, on or before the first day of August in each year, make a report to the board of county commissioners, who shall audit the same, and to the state superintendent in such form as he shall direct, showing:

year.

1. The amount of moneys on hand at the commencement of the school

2.

3. The amount received from the county school tax.

The amount of moneys received from the state school fund.

4.

The amount received from other sources.

5.

The total expenditures for school purposes.

6.

The balance on hand at the end of the school year. '97, pp. 134-5.

['96, pp. 490-1*;

CHAPTER 11.

SCHOOL FUND.

1867. Apportionment and use of school funds. The county superintendent of each county shall immediately, upon receiving the apportionment from the state superintendent, proceed to apportion the state school funds to the several school districts of his county according to the number of school children residing in each district over six and under eighteen years of age, as shall appear from the last enumeration reported to his office. The county superintendent shall apportion the county school fund in like manner, and as soon as