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superintendent shall fill vacancies occurring in the board of directors of any school district. In case of his death, resignation, or removal his successor shall be appointed by the board of county commissioners. He shall divide the county into a convenient number of school districts, which he shall be at liberty to change or abolish when public interest requires it. He shall purchase record books for district officers.

County high school trustees.-(See Schools, Character of instruction.)

County board of examiners.—(See Teachers, Appointment, qualifications, and duties.)

District board.-The county superintendent shall divide the county into a convenient number of school districts when the interests of the inhabitants require it, but no new school district shall be formed or shall continue to exist containing fewer than 15 persons of school age, and none having a bonded indebtedness shall be so reduced that such indebtedness shall exceed 5 per cent of its assessed property valuation. An annual meeting of each school district shall be held on the last Thursday of July of each year, at the schoolhouse belonging to the district, at 2 p. m. The powers of a district meeting shall be to choose a director, clerk, and treasurer, who shall have the qualifications of voters; to designate a site for a district schoolhouse; to vote a tax annually, not to exceed 2 per cent on the taxable property of the district, and distribute the amount between the payment of teachers and in purchasing or leasing a site; to determine the length of time a school shall be taught (but not fewer than three months), and whether the school money to which the district may be entitled shall be applied to the support of the summer or winter term or a certain portion to each.

The officers of each school district shall be a director, clerk, and treasurer, who shall constitute the district board; one member retiring annually after a term of three years. The director shall preside at all meetings and shall sign all orders drawn by the clerk for district money, and shall represent the district in all legal proceedings. The clerk, in addition to the usual perfunctory duties of his office, shall make a written report which he shall submit and read to the legal voters of the district at the annual meeting, which shall be forwarded to the county superintendent. The report shall contain the following matters: The number of children by sex, 5 to 21, the number attending school by sex and the branches studied, the length of time a school has been taught by a qualified teacher, the name of the teacher or teachers, with the length of service of each and the wages paid, the amount of money received from the county treasurer, arising from disbursement of the State annual school fund, from district taxes, and from all other sources during the year, and the manner in which the same has been expended, the amount raised by the district each year and the purposes for which it was raised, the kind of books used in the schools, and such other facts and statistics in regard to the district school as the county superintendent may require. Every school district clerk or treasurer who shall neglect or refuse to deliver to his successor in office all records, books, and papers belonging to his office shall be fined not more than $50. The district board shall purchase or lease such site for a schoolhouse as shall have been designated, shall have the care and keeping of the same and of the other school property belonging to the district, and shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian and to take charge of the school apparatus belonging to the district. The board shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing and shall specify the wages per week or month, as agreed upon by the parties, and in conjunction with the county superintendent may dismiss for incompetency, cruelty, negligence, or immorality. They may suspend pupils for cause, but the suspended person may appeal to the county superintendent. The board shall either severally or jointly visit all the schools of their district at least once a term, making a thorough investigation into the character and results of instruction, and into the condition of the buildings and appliances, and shall make suggestions for the improvement of the same.

Boards of education of cities.-In all cities of more than 15,000 inhabitants and having not more than 4 wards there shall be a board of education consisting of 3 members from each ward, who shali be and remain residents of the wards from which they are elected during their term of office, to be elected by the qualified voters of the city at large for terms of three years, 1 to retire annually. În cities of 15,000 having more than 4 wards the board of education shall consist of 2 members from each ward, each to hold office for two years. In cities of 35.000 or more inhabitants the board of education shall consist of 6 members, 1 from each ward. The board shall make all necessary rules and regulations for the government of the schools, exercise sole control over the public schools and school prop

erty, and shall have power to establish a high school, examine teachers, and appoint a superintendent.

All cities organized as cities of the second class and all cities attaining a population of from 2,000 to 15,000 shall maintain a system of free common schools. At each annual city election there shall be a board of education consisting of 2 members from each ward elected by the qualified voters thereof, each for a term of two years. The powers of the board of cities of the second class are in general those of cities of the first class.

Cities of 250 to 2,000, if not otherwise governed, shall be subject to the provisions laid down for cities of 2,000 to 15,000.

2. TEACHERS.

Appointment, qualifications, and duties.—Preliminary training.—Meetings. Appointment, qualifications, and duties.-The district board in each district shall contract with and hire qualified teachers, and shall in the written contract specify the wages per week or month as agreed upon by the parties. In incorporated cities of 250 and over no person shall be elected by the board as teacher who can not produce a certificate from the examining committee or the State board setting forth that the holder is competent to teach in a specified department of the public schools and is of good moral character. The county board shall publicly examine all persons proposing to teach in the common schools of the county as to their competency to teach the branches prescribed by law.

There shall be a State board of education, consisting of the State superintendent, the chancellor of the university, the president of the State agricultural college, the president of the State normal school, and 3 others, to be appointed with the concurrence of the senate, selected from among those engaged in school work in the schools of the State, who shall hold office for two years. The board is authorized to issue State diplomas to such professional teachers as may be found upon critical examination to possess the requisite scholarship and culture and produce satisfactory evidence of unexceptionable moral character, eminent professional experience and ability, and have taught for two years in the State. All such diplomas shall be countersigned by the State superintendent and are valid anywhere. The actual expenses of the members of the board and of holding such examinations as it may appoint shall be paid from the State treasury; but the sum total shall not exceed $300 per annum. Upon the application of any institution of higher education in Kansas, the State board shall examine its course of study, and if it appear to be as efficient as the four-years' courses of study in the State normal school the marking of such institution on academic subjects completed shall be adopted by the board as the standing of candidates coming before it on the subjects specified; but the candidate shall be examined upon the professional subjects of the normal school course, to wit: Philosophy of education, history of education, school laws, methods of teaching, school management, and upon other required subjects; and to those successfully filling all requirements a three-years' certificate shall be issued, and if, at the expiration of that time, the holder satisfies the board that he has taught successfully at least two years and has kept himself well informed in the general literature of his profession, a life certificate shall be granted. The State certificates of other States shall be recognized if testifying to a grade of scholarship equal to that required by the State board of Kansas. All life certificates are void if the holder shall not engage in school work for three consecutive years; but certificates may be renewed..

In each county there shall be a board of county examiners composed of the county superintendent, who shall be chairman of the board, and two competent persons, holders of first-grade or State certificates, or of diplomas from the State university. the State normal school, or the State agricultural college, who shall be appointed by the county commissioners on the nomination of the county superintendent, and shall serve for one year and receive $3 per diem for three days in any one quarter. The board shall, on the last Saturday of January, October, and April, and at the close of the county normal institute, only at such places as may be designated by the chairman, after ten days' notice, publicly examine all persons proposing to teach in the common schools of the county (cities excepted) as to their competency to teach the branches prescribed by law, and such board of examiners shall issue certificates to all applicants as shall pass the required examination and satisfy the board as to their good moral character and ability to teach and govern schools.

The State board shall prepare a series of questions for each examination, to be used in each county, which shall be printed and forwarded to the county superin

tendents so as to reach them at least two days before the examination in each county, but shall not be opened except by the board on the day and hour of examinations. The board shall issue three grades of certificates, to wit: First grade, good for three years, certifies that the holder is proficient in and fully qualified to teach orthography, reading, writing, English grammar, composition, geography, arithmetic, United States history and Constitution, bookkeeping, physiology and hygiene, elements of natural philosophy, provided the person is 18 years of age and has taught successfully twelve school months, and has obtained an average of not less than 90 per cent and not less than 70 per cent in any one branch. A secondgrade certificate may be issued to persons of not less than 17 years of age who have taught successfully no fewer than three school months and shall have satisfied the board as to their ability to teach all the branches prescribed for first-grade certificates except bookkeeping and the elements of natural philosophy, provided they make a general average of not less than 80 per cent and not less than 60 per cent in any one branch. The county superintendent, upon request made in writing by each district board, and after satisfying himself by examination of the ability and proficiency of an applicant, may grant a temporary certificate in case of necessity, valid only in the designated district and until the next regular examination by the county examiners; but no such certificate shall be granted to any applicant who has failed in examination at the last regular meeting of the board, nor shall it be granted twice to the same person. Though no certificate shall be of force except in the county where issued, nevertheless the county superintendent may indorse the unexpired certificates of first grade of any county on the payment of the usual fee of $1. As soon as any person has attended the normal school for twenty-two weeks and has been examined in the studies required by the board and has passed, that person shall receive a certificate, to be approved by the superintendent, and when the full course has been completed a full diploma shall be given, which shall serve as a legal certificate of qualification to teach in the common schools of the State.

In cities of the first and second class the board of education shall appoint three competent persons, one of whom shall be the city superintendent in second-class cities, to examine all persons who apply to them for teachers' positions except those holding State diplomas or certificates. Graduates of the county high-school normal course shall be entitled to a teacher's second-grade certificate.

Preliminary training.-The value of the diploma of the State normal school is given above.

Meetings.-The county superintendents shall hold annually in their respective counties, for a term of not less than four weeks, a normal institute for the instruction of teachers and those desiring to teach; but in sparsely settled portions of the State two or more counties may unite in holding one normal institute. The county superintendent shall determine the time and place of holding such normal institutes, and shall select a conductor and instructors for the same. But no person shall be paid from the institute funds for services as conductor or instructor of said institutes who has not received a certificate from the State board as to his special qualifications. To defray the expenses of the institute each candidate shall be required to pay $1 and $1 for registration. The county commissioners may appropriate money to further the support of the institute, but not to exceed $100. When 50 persons shall have registered as members of any normal institute and paid their registration fee, the State superintendent shall certify the fact to the auditor, who shall draw on the State treasurer for $50 in favor of the institute.

3. SCHOOLS.

Attendance.-Character of instruction.-Text-books.—Buildings.

Attendance. The district schools shall be at all times equally free and accessible to all the children resident therein over 5 and under 21 years, subject to such regulations as the district board in each may prescribe, but if there be a good building for not fewer than four months. In each city of the second class there shall be maintained a system of free common schools which shall be kept open not fewer than three nor more than ten months in the year, and shall be free to all children residing in the city between the ages of 5 and 21 years; but the board may, where school accommodations are insufficient, exclude for the time being children between 5 and 7 years. In cities of the first class the board of education shail organize and maintain separate schools from three to nine months for the education of white and of colored children, except in the high school, where no discrimination shall be made on account of color. No pupil having a contagious disease shall be allowed to attend any common school.

Every parent, guardian, or other person having control of a child or children 8 to 14 years shall be required to send such child or children to a public or private school taught by a competent instructor for a period of at least twelve weeks, six weeks of which shall be consecutive, unless such child or children are excused from such attendance by the board of the school district or the board of education upon its being shown satisfactorily that the parent or guardian was unable to clothe the child properly, or that the child's mental or physical condition prevented attendance or application to study, or that the child is taught at home in such branches as are usually taught in the public schools, subject to the same examination as other pupils of the district or city in which the child resides, or has already acquired the ordinary branches required by law, or that there is no school taught within 2 miles by the nearest traveled road. It shall be the duty of any school director or president of the board of education to inquire into all cases of neglect of the foregoing provisions, and any director neglecting to prosecute for neglect to comply with such provisions after a written notice served on him by any taxpayer shall be fined not fewer than $20 nor more than $50, to be paid into the county treasury, unless the prosecution was malicious, when the costs shall be adjudged against the complainant.

Any parent, guardian, or other person failing to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and fined not more than $5 nor more than $10 for the first offense nor fewer than $10 nor more than $20 for the second and every subsequent offense.

Character of instruction.-In each and every school district there shall be taught orthography, reading, writing, English grammar, geography, and arithmetic, and such other branches as may be determined by the district board, and the instruction in the several branches taught shall be in the English language. Each county having a population of 6,000 inhabitants or over, as shown by the last census, may establish a county high school for the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons who desire to fit themselves for the vocation of teaching, provided a majority of the voters of the county assent. The principal shall, with the approval of the high-school board of trustees, make such rules and regulations as he may deem proper in regard to the studies, conduct, and government of the pupils under his charge. City boards of education may establish high schools, if deemed necessary, and exact tuition fees for instruction given therein.

Text-books.-School districts may, at their annual meetings for the election of school officers, indicate by a majority their desire for county uniformity of textbooks, which vote shall be transmitted to the county superintendent by the clerk of the district within ten days. If a majority of the districts in a county vote for uniformity in text-books, the county superintendent shall call for one delegate from each municipal township and city of the third class in the county, to be elected by the school board of each township. Any city of the first or second class may send the city superintendent and one person elected by the board. The delegates shall form the county text-book board, whose duty it shall be to select and prescribe the text-books to be used in each branch of study required by law to be taught in the public schools, and no change shall be made in any county having adopted uniformity of text-books during a period of five years. A county textbook board may be elected every five years.

It shall be the duty of the State superintendent to recommend the most approved text-books for the common schools of the State.

Buildings.-The district meeting shall have power to designate a site for a schoolhouse, which, when not included within the limits of a town or village, shall contain not less than 1 acre, and to build, hire, or purchase a schoolhouse and to keep it in repair and furnish the same with the necessary fuel and appendages, and to authorize the sale thereof. In cities the board of education exercises sole control over school property.

4. FINANCES.

Funds (permanent and special).—Taxation.

Funds (permanent and special).—The proceeds of all lands granted or to be granted by the United States for the support of schools, and the 500,000 acres of land granted to the new States under an act of Congress distributing the proceeds of public lands among the several States, approved September 4, 1841, and all estates of persons dying without will or heir, and such per cent as may be granted by Congress on the sale of lands in this State shall be the common property of the State, and shall be a perpetual school fund, which shall not be diminished, but

the interest of which, with all the rents of school lands and such other means as the legislature may provide, by tax or otherwise, shall be inviolably appropriated to the support of common schools.

The State superintendent, secretary of state, and attorney-general shall constitute a board of commissioners for the management and investment of the State permanent school, State normal school, and State university funds. The board shall invest moneys belonging to the permanent school fund, the State agricultural college, State normal, and State university funds in the bonds of the State of Kansas or of the United States, school-district bonds of the several school districts of the State, bridge bonds, court-house bonds, or in county, township, or city refunding bonds of the State, provided that the indebtedness of the locality issuing bonds shall not exceed 10 per cent of its assessed valuation.

The income of the State school funds shall be disbursed annually by order of the State superintendent to the several county treasurers and thence to the school districts in equitable proportion to the number of children 5 to 21 years, provided each school district has maintained a common school at least three months in each year.

All moneys paid by persons for exemption from military duty, the clear proceeds of estrays, and the proceeds of fines for any breach of the penal laws shall be exclusively applied in each county to the support of its common schools. Every insurance company doing business in the State shall, in addition to other charges, pay into the State treasury for the benefit of the annual school fund the sum of $50. Taxation.-For the purpose of affording the advantages of a free education to the children of the State, the State annual school fund shall consist of the annual income derived from the interest and rents of the perpetual school fund and such sum as will be produced by the annual tax and assessment of 1 mill upon the dollar.

It is within the power of the school district to vote a tax annually, not exceeding 2 per cent, on the taxable property in the district for school purposes, which shall be distributed as the meeting shall deem proper in the payment of teachers' wages, to purchase or lease a site and to provide buildings and incidentals.

The board of (high-school) trustees shall estimate the amount needed for building purposes, for payment of teachers' wages, and building and contingent expenses, and the county commissioners shall levy a tax not to exceed 6 mills on the dollar for the purpose.

Cities of the first class (over 15,000 inhabitants) shall levy, for teachers' wages, repairs, incidental expenses, and maintenance of schools, not more than 8 mills on the dollar where the assessed value is greater than $3,000,000; but in cities of 40,000 or more, or having less than $3,000,000 of assessed value, the board of education may levy as high as 10 mills.

OKLAHOMA.

1. ORGANIZATION OF THE SYSTEM.

Territorial board of education.-Territorial superintendent.—County board of examiners.-County superintendent.—District" school directors.-City boards of education.

Territorial board of education.-The Territorial superintendent, the principal of the Territorial normal school, and the president of the University of Oklahoma, superintendent of city schools, and one county superintendent to be appointed by the governor shall constitute the Territorial board of education. The board shall hold office for two years and shall have power to grant Territorial certificates and diplomas to teachers and certificates to conductors and instructors of normal institutes, shall prepare questions for county and city examinations, estimate the amount required to pay its expenses, to prepare such blanks as may be necessary to carry the provisions of this article into effect, and shall constitute an advisory board on all matters pertaining to the educational interests of the Territory. The members of the board shall receive no compensation for services, but shall be allowed all necessary expenses incurred in the discharge of their duties as members of the board.

Territorial superintendent.-The governor shall appoint, with the concurrence of the council, a Territorial superintendent of public instruction at $1,200 a year, who shall hold his office for the term of two years and shall be Territorial auditor. He shall have charge of the educational interests of the Territory, apportion the Territorial school fund and the annual taxes raised by the Territory for the support of public schools among the several counties, construe the school laws under

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