THE SCHOOL LAW OF WEST VIRGINIA Being a complete revision of Chapter forty -five of the Code as amended and re-enacted at the Sessions of the Legis- lature of 1908, 1909, 1911, 1913 and 1915, together with the provisions of the Constitution relating to education, blank forms, instructions, etc. ::::::::. PUBLISHED FOR THE USE OF SCHOOL OFFICERS, TEACHERS, AND THE PUBLIC GENERALLY, IN COMPLIANCE WITH SECTION 126 OF THIS CHAPTER. ::::::: t Compiled and issued by DEPARTMENT OF SCHOOLS M. P. SHAWKEY, STATE SUPERINTENDENT. CHARLESTON 1915 w CONSTITUTIONAL PROVISIONS RELATING TO THE SCHOOL SYSTEM OF WEST VIRGINIA AETICLE IV. Oath of Office. 5. Every person elected or appointed to any office, before proceed- ing to exercise the authority, or discharge the duties thereof, shall make oath or affirmation that he will support the Constitution of the United States and the Constitution of this State, and that he will faithfully discharge the duties of his said office to the best of his skill and judgment ; and no other oath, declaration, or test shall be required as a qualification, unless herein otherwise provided. Removal from Office. 6. All officers elected or appointed under this Constitution, may, unless in cases herein otherwise provided for, be removed from office for official misconduct, imcompetence, neglect of duty, or gross im- morality, in such manner as may be prescribed by general laws, and unless so removed they shall continue to discharge the duties of their respective offices until their successors are elected, or appointed and qualified. ######## Legislature to Prescribe Terms of Office. 8. The Legislature, in cases not provided for in this Constitution, shall prescribe, by general laws, the terms of office, powers, duties and compensation of all public officers and agents, and the manner in which they shall be elected, appointed and removed. 320770 4 SCHOOL LAW o* WEST VIRGINIA. AKTICLE VIII. ******** Districts. 27. Each county shall be laid off into districts, not less than three nor more than ten in number, and as nearly equal as may be in territory and population. * * * AETICLE IX. ******** County Officers Subject to Indictment. 4. The presidents of the county courts, the justices of the peace, sheriffs, prosecuting attorneys, clerks of the circuit and of the county courts, and all other county officers shall be subject to indict- ment for malfeasance, misfeasance, or neglect of official duty and on conviction thereof, their offices shall become vacant. I am inclined to the opinion that the words "all other county officers," as used in this section, include members of boards of education, although they are elected la districts. This is by no means clear, however. This section is in force ex proprio vigore and needs no additional legislation. Alfred Caldwell, Attorney-General. AETICLE X. ******** Capitation Tax. 2. The Legislature shall levy an annual capitation tax of one dol- lar upon each male inhabitant of the State who has attained the age of twenty-one years, which shall be annually appropriated to the sup- port of free schools. Persons afflicted with bodily infirmity may be exempted from this tax. ******** Power of Legislature to Levy. 5. The power of taxation of the Legislature shall extend to pro- visions for the payment of the State debt, and interest thereon, the support of free schools, and the payment of the annual estimated ex- penses of the State; but whenever any deficiency in the revenue shall exist in any year, it shall, at the regular session thereof held next after the deficiency occurs, levy a tax for the ensuing year, sufficient with the other sources of income, to meet such deficiency, as well as the esti- mated expenses of such year. ******** SCHOOL LAW OF WEST VIRGINIA. 5 County Taxes Not to Exceed What Debt. 7. County authorities shall never assess taxes, in any one year, the aggregate of which shall exceed ninety-five cents per one hundred dol- lars valuation, except for the support of free schools; payment of in- debtedness existing at the time of the adoption of this Constitution; and for the payment of any indebtedness with the interest thereon, created under the succeeding section, unless such assessment, with all questions involving the increase of such aggregate, shall have been sub- mitted to the vote of the people of the county, and have received three- fifths of all the votes cast for and against it. See Brannon TS. County Court, 33 W. Va., p. 789, construing this section. Bonded Indebtedness. 8. No county, city, school district, or municipal corporation, except in cases where such corporations have already authorized their bonds to be issued, shall hereafter be allowed to become indebted, in any manner, or for any purpose, to an amount, including existing indebt- edness, in the aggregate, exceeding five per centum on the value of the taxable property therein to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebt- edness ; nor without, at the same time, providing for the collection of a direct annual tax, sufficient to pay annually, the interest on such debt, and the principal thereof, within, and not exceeding thirty-four years; Provided, That no debt shall be contracted under this section, unless all questions connected with the same, shall have been first sub- mitted to a vote of the people, and have received three-fifths of all the votes cast for and against the same. AETICLE XII. Legislature to Provide System of Free Schools. 1. The Legislature shall provide, by general law, for a thorough and efficient system of free schools. See 4 W. V*., p. 499. General Supervision. 2. The State Superintendent of Free Schools shall have a general supervision of free schools, and perform such other duties in relation 6 SCHOOL LAW or WEST VIRGINIA. thereto as may be prescribed by law. If in the performance of any such duty imposed upon him by the Legislature he shall incur any expenses, he shall be reimbursed therefor ; Provided, The amount does not exceed five hundred dollars in any one year. County Superintendents. 3. The Legislature may provide for county superintendents and such other officers as may be necessary to carry out the objects of this Article and define their duties, powers and compensation. School Fund Board of. 4. The existing permanent and invested school fund, and all money accruing to this State from forfeited, delinquent, waste and unappro- priated lands ; and from lands heretofore sold for taxes and purchased by the State of Virginia, if hereafter redeemed or sold to others than this state ; all grants, devises or bequests that may be made to this State, for the purposes of education or where the purposes of such grants, devises or bequests are not specified; this State's just share of the literary fund of Virginia, whether paid over or otherwise liqui- dated; and any sums of money, stocks or property, which this State shall have the right to claim from the State of Virginia for educational purposes; the proceeds of the estates of persons who may die without leaving a will or heir, and of all escheated lands ; the proceeds of any taxes that may be levied on the revenues of any corporation ; all moneys that may be paid as an equivalent for exemption from military duty ; and such sums as may from time to time be appropriated by the Legis- lature for the purpose, shall be set apart as a separate fund, to be called the "School Fund," and invested under such regulations as may be prescribed by law, in the interest bearing securities of the United States, or of this State, or if such interest bearing securities cannot be obtained, then said "School Fund" shall be invested in such other solvent, interest bearing securities as shall be approved by the Governor, Superintendent of Free Schools, Auditor and Treasurer, who are hereby constituted the "'Board of the School Fund," to manage the same under such regulations as may be prescribed by law; and the interest thereof shall be annually applied to the support of free schools throughout the State, and to no other purpose Avliatcver. But any portion of said interest remaining unexpended at the close of the fiscal } r ear shall be added to and remain a part of the capital of the "School Fund " Provided, That all taxes which shall be received by the State SCHOOL LAW OF WEST VIRGINIA. 7 upon delinquent lands, except the taxes due to the State thereon, shall be refunded to the county or district by or for which the same were levied. School Fund Amendment. Ratified at the General Election in November, 1902. (See Joint Resolution No. 11, Acts 1901, p. 465.) The accumulation of the school fund provided for in section four of article twelve, of the Constitution of this State, shall cease upon the adoption of this amendment, and all money to the credit of said fund over one million of dollars, together with the interest on said fund, shall be used for the support of the free schools of Jhis State. All money and taxes heretofore payable into the treasury under the pro- vision of the said section four, to the credit of the school fund, shall be hereafter paid into the treasury to the credit of the general school fund for the support of the free schools of the state. Legislature to Provide for Free Schools. 5. The Legislature shall provide for the support of free schools by appropriating thereto the interest of the invested "School Fund/' the net proceeds of all forfeitures and fines accruing to this State under the laws thereof; the State capitation tax, and by general taxation of persons and property or otherwise. It shall also provide for raising in each county or district, by the authority of the people thereof, such a proportion of the amount required for the support of free schools therein as shall be prescribed by general laws. Districts. 6. The school districts into which any county is now divided shall continue until changed in pursuance of law. Levies to be Reported to Clerk of County Court. 7. All levies that may be laid by any county or district for the pur- pose of free schools shall be reported to the clerk of the county court, and shall, under such regulations as may be prescribed by law, be col- lected by the sheriff, or other collector, who shall make annual settle- ment with the county court; which settlements shall be made a matter of record by the clerk thereof, in a book to be kept for that purpose. 8 SCHOOL LAW OF WEST VIRGINIA. White and Colored Pupils. 8. White and colored persons shall not be taught in the same school, School Officers not to be Interested in Sale of Books. 9. No person connected with the free school system of the State, or with any educational institution of any name or grade under State control, shall be interested in the sale, proceeds or profits of any book or other thing used, or to be used therein, under such penalties as may be prescribed by law: Provided, That nothing herein shall be con- strued to apply tp any work written, or thing invented, by such person. Independent Districts. 10. No independent free school district, or organization shall here- after be created, except with the consent of the school district or dis- tricts out of which the same is to be created, expressed by a majority of the voters voting on the question. Normal Schools. 11. No appropriation shall hereafter be made to any State normal ^school, or branch thereof, except to those already established and in operation, or now chartered. Legislature to Encourage Improvements. 12. The Legislature shall foster and encourage moral, intellectual, scientific and agricultural improvement: it shall, whenever it may be practicable, make suitable provision for the blind, mute and insane, and for the organization of such institutions of learning as the best interests of general education in the State may demand. THE SCHOOL LAW CHAPTER XLV. OF THE CODE. School Year. Sec. 1. The school year shall begin on the first day of July and end on the thirtieth day of June, and all reports, accounts and settle- ments respecting the free schools shall be made with reference to the school year. School Districts. Sec. 2. Every magisterial district in each of the counties of the State shall be a school district, which shall be divided into such number of sub-districts as may be necessary for the convenience of the free schools therein. The present districts and sub-districts shall remain until changed in the manner prescribed by law. BOARD OF EDUCATION. How Constituted Election Term. Sec. 3. In each district there shall be a board of education consist- ing of a president and two school commissioners elected by the voters thereof. One commissioner shall be elected at the general election held on the Tuesday after the first Monday in November, one thou- sand nine hundred and sixteen, and one commissioner every two years thereafter; and the president at the general election held in one thou- sand nine hundred and eighteen, and every four years thereafter. Their terms of office shall commence on the first day of July next after their election, and they shall each continue in office for four years, and until their successors are elected or appointed and qualified according to law; provided, that in any such district in which there is located a city, not an independent school district, with a population of more than ten thousand inhabitants as shown by the last decennial census, the board of education shall consist of five members, and the county 10 SCHOOL LAW OF WEST VIRGINIA. superintendent of schools of the county in which any such district is located shall immediately after the first day of July, one thousand nine hundred and fifteen, appoint two additional members who shall hold office until the election held in one thousand nine hundred and six- teen, and who together with the three members now provided by law shall constitute the board of education of such district. At the election to be held in November, one thousand nine hundred and sixteen, there shall be elected in such district three commissioners, two of whom shall enter upon their office as soon as the result of the election is declared and shall continue in office for the term of four years from the first day of July, one thousand nine hundred and seventeen, and every four years after said election in one thousand nine hundred and six- teen there shall be elected three commissioners of said board instead of one as now provided. Tie in Vote. Sec. 4. In case of a tie in the vote for members of the board of education, the county superintendent of free schools shall give the casting vote. Vacancy. Sec. 5. Any member of any board of education who shall be em- ployed to teach in his district shall vacate his office. Vacancies in the board of education shall be filled by the county superintendent of free schools, until the next general election. Oath of Members. Sec. 6. Every president and commissioner of the board of educa- tion elected within this State shall within ten days after his election has been duly declared, qualify as such by taking and subscribing be- fore some one duly authorized to administer oaths within his county, the oath of office prescribed by section five of article four of the constitution, which oath shall be filed with the secretary of the board of education of his district. A Corporation. Sec. 7. The board of education of each district, and independent school district shall be a corporation by the name of "The board of SCHOOL LAW OF WEST VIRGINIA. 11 education of the district or independent district of in the county of ," and as such may sue and be sued, plead and be im pleaded, contract and be contracted with; and shall succeed and be substituted to all the rights of the former district boards of education; and may prosecute and maintain any and all suits and proceedings now pending or which might have been brought and prose- cuted in the name of any such former board of education for the re- covery of any money or property or damage to any property due to or vested in such former board, and shall also be liable in its corporate capacity for all claims legally existing against the board of education of which it is successor. Service of Process. Sec. 8. Process and notice may be served on said corporation by delivering a copy thereof to the secretary or any member of the board. Said board shall receive, hold and dispose of according to the rules of law, and the intent of the instrument conferring title, any gift, grant, devise or bequest made for the use of any free school or schools under their jurisdiction, and, without any transfer or conveyance, shall be deemed the owner of the real estate and personal property of their district, and the title of all such lands as have been in the actual pos- session of any board of education for the last five years, and are still in such possession and not otherwise claimed, is hereby vested in the board of education of the district in which such lands are situated, to be held and used for free school purposes, and none other. The board of education shall hereafter, whenever possible, obtain a general warranty deed for all school sites. Property Exempt From Execution. Sec. 9. All school houses, school house sites and other property belonging to any board of education and used for school purposes shall be exempt from execution or other process, and free from lien or distress for taxes or county levies. School Lands Preamble. WHEREAS, It is represented to the legislature that, prior to the in- troduction of the present free school system, many lots or small pieces of land were donated or purchased, and the title thereof, legal or equitable, vested in trustees with the view of erecting thereon build- 12 SCHOOL LAW OP WEST VIRGINIA. ings designed exclusively for educational purposes, and that they were used for such purposes many years prior to the formation of the State, and are still used or claimed by the boards of education in the various school districts in many of the counties of the State, and that said trustees in many cases have departed this life or left the State, and others since the introduction of the free school system have declined to act or take any interest in, or control over, such lands ; therefore, Be it enacted by the Legislature of West Virginia: Title To, in Whom Vested. Sec. 9a. I. That the title of all such lands be, and the same is hereby vested in the board of education of the school district in which such lands as have been in the actual possession of the board of educa- tion for the last five years, and are still in such possession and not otherwise claimed, may be, and their successors in office to be held and used for free school purposes, and none other. Sale or Conveyance. Sec. 9a. II. If from any cause the board of education of the school district in which any such land may lie, shall be of the opin- ion that the interest and convenience of the schools of such district will be promoted by the sale of any such lands, they may sell and con- vey the same, and use the proceeds of such sales in the purchase of other lands and the erection or repair of other buildings to be used and held for free school purposes, as in other cases. Property to be Inspected May Be Sold. Sec. 10. The president of the board of education of every district and independent district shall at least once a year, examine all the school houses now constructed or in process of construction and all school sites in the district and report the condition of the same to the board of education; and such as are in the judgment of the board, properly located and are suitable or can with reasonable expense be rendered so, shall be retained, and the remainder with the consent of the county superintendent, as to districts, shall be sold at public auction to the highest responsible bidder, by the board of education on proper legal notice and on such terms of sale as the board may order, and the proceeds shall be added to the building fund. SCHOOL LAW OF WEST VIRGINIA. 13- Have General Control of Schools May Change Sub-district Lines. Sec. 11. The board of education shall have general control and su- pervision of the schools and school interests of their district, except as herein otherwise provided; and they shall determine the number and location of the schools to be taught; establish graded schools, when necessary, and, as hereinafter provided, establish high schools, if necessary, change the boundaries of their sub-districts, and increase and diminish the number thereof, having due regard to the school houses already built, or sites procured, assigning, if practicable, to each sub-district not less than forty youths between the ages of six and twen- ty-one years ; and shall define and enter of record in their minute book the boundaries of the several districts and sub-districts; provided, that no school shall be maintained in any district for fewer than ten pupils in regular attendance, and the board of education shall, at their first annual meeting to be held on the first Monday of July, ascertain from official records what school or schools, if any, in their district,, had an average daily attendance during the school term next preced- ing of less than ten pupils and they shall thereupon, or as soon there- after as may be, declare any such school or schools closed, and they shall enter such action as matter of record in the minutes of the secre- tary; and, provided, that, if during; any school term, any school falls below an average of ten in daily attendance for two successive months said board shall close such school and the teacher thereof shall receive no further salary as teacher of such school; and, provided, that the pupils of any school, which shall be closed by the board in the manner just provided, shall have the privilege of attending any other school in the same district or in an adjoining district or independent district,, as the board may direct, and the board shall pay their tuition in such school, in the manner otherwise provided by law for the transfer of pupils; and, provided, further, that whenever any child or group of children of school age shall, by reason of this act or for any cause what- soever, be without opportunity to attend a free school as provided by law, within two miles of their homes by the shortest traveled road or path, the board of education may employ such means as may seem best to them to provide educational advantages to such child or group of children, and may expend for such purpese an amount not to exceed the proportion of all the school funds of the district, which the num- ber, of such children bears to the whole number of children enumerated in the district, such expenditure to be made under such rules and regu- lations thereto as the board may make. 14 SCHOOL LAW OF WEST VIRGINIA. Appeal to County Superintendent. Sec. 12. Any person aggrieved by any action of the board of educa- tion, in changing the boundaries of a sub-district, or in increasing or diminishing the number of the sub-districts in his district under the preceding section, may appeal therefrom to the county superintendent of schools. Every such person shall present to the county superintendent his petition signed by himself and at least five others residents of the sub- district, stating the action of the board complained of and the grounds of appeal; and the county superintendent shall thereupon fix a time and place for the hearing of the appeal, and cause notice thereof to be served upon the secretary or any member of the board of education, at least five days before the hearing. If upon hearing the proofs and allegations of the parties the county superintendent be of the opinion that the action of the board com- plained of was improper he shall reverse or correct it; otherwise the said action shall be affirmed, but any person aggrieved by any action of the county superintendent upon said appeal may appeal to the circuit court of the county. Must Provide Sites and Buildings and Furniture, Etc. Sec. 13. The board of education of every district shall provide by purchase, condemnation, leasing, building or otherwise, suitable school houses, and grounds in their districts, in such locations as will best accommodate the pupils thereof, and improve such grounds and pro- vide such furniture, fixtures, and apparatus for the said school houses, as the comfort, health, cleanliness and convenience of the pupils may require, and keep such grounds, school houses, furniture, fixtures, and apparatus in good order and repair, but no board of education may purchase school apparatus of any kind without the advice and consent of the county superintendent first had in writing. Approval of Location and Plans by County Superintendent. Sec. 14. In the construction of school houses the board of educa- tion of each district shall have regard to economy, convenience and durability of structure and the health and comfort of pupils, and no such school house shall be constructed until the location and plan there- of have first been approved by the county superintendent, and in the SCHOOL LAW OF WEST VIRGINIA. 15 event the board of education cannot agree upon plans or location, the county superintendent shall select the plans and location for such house. May Condemn Lands for School Sites. Sec. 15. If the owner or owners refuse to sell any land selected by a board of education or a county superintendent as a location for a school house and necessary buildings, or for enlarging a school house lot, or demand an unreasonable price therefor, or if the owner is non compos mentis, a femme convert e, a minor, or a non-resident, the board of education may petition the circuit court to have such land con- demned and such proceeding shall thereupon be had in the name of such board for the condemnation thereof, as provided for in chapter forty-two of the Code; provided, that the land so taken shall not ex- ceed in quantity two acres. Schools to be Taught. Sec. 16. The board of education shall cause to be taught in every sub-district of their district by a teacher or teachers of temperate habits and good morals a sufficient number of free schools for the in- struction of the persons entitled to attend the same, and should the trustees of any sub-district neglect or fail to employ a teacher, or teachers, as hereinafter authorized, for their sub-district, upon com- plaint thereof by any three patrons of said school it shall be the duty of the board of education to do so. May Discontinue Schools. Sec. 17. If at the end of any month of school the average daily attendance for that month has been less than thirty-five per cent, of the whole number of pupils enumerated in that sub-district, the board of education may dismiss the teacher and discontinue the school, and the teacher shall not be entitled to or receive any further salary. May Provide Buildings Jointly. Sec. 18. Boards of education in adjoining districts may jointly provide for the construction of school houses and the teaching of school therein for the accommodation of pupils in adjoining portions of districts whether in the same or different counties who may be better 16 SCHOOL LAW OF WEST VIRGINIA. accommodated by such union of schools. The title of such houses shall be vested in the board of education of the district in which the houses are located, and the terms of the agreement shall be reduced to writing and entered of record in the minutes of the respective boards. Such school houses shall be provided with furniture, fixtures and such other apparatus as are supplied to school houses generally, and an equitable amount of the cost thereof shall be assessed to each district interested, by the respective boards of education. Bond Required From Contractors. Sec. 19. Boards of education shall in all cases require persons en- tering into contract for the building or repairing of school houses where the contract price exceeds fifty dollars, to execute bond, with approved security in double the amount of the contract price. Vote on School Levy. Sec. 20. The ballots used at the election for county superintendent hereinafter provided for, shall have printed at the bottom of each ticket, in separate lines, "For school levy," and "Against school levy/' and the voter in preparing his ballot shall, if he desires to vote for school levy, erase from the ticket which he intends to vote the words " Against school levy," or if he desires to vote against school levy, he shall erase therefrom the words "For school levy." Levies. Sec. 21. If a majority of the ballots cast upon the question of lay- ing a levy in the district or independent district have written or printed thereon "For school levy," it shall be the duty of the board of education of such district or independent district at a meeting to be held on the second Tuesday in August, to ascertain the condition of the fiscal affairs of the district, and make up an itemized statement thereof which shall set forth in detail : (a) The separate amounts due the building fund and teachers' fund of the district, and the amounts that will become due thereto and collectible during the current fiscal year, from every source, including the amount to be received from the general school fund, but excepting the amount that will be produced by the levy of taxes to be made for the year; SCHOOL LAW OF WEST VIRGINIA. 17 (b) The debts and demands owed by the district, and the debts and demands that will become due and payable during the current fiscal year, including interest on any indebtedness, funded or bonded or otherwise, distinguishing between those payable out of the building fund and those payable out of the teachers' fund; (c) All other expenditures, under the several heads of expendi- tures, to be made and payable out of the funds of the district for the current fiscal year, distinguishing between those payable out of the building fund and those payable out of the teachers' fund, and includ- ing the cost of collection of taxes and other claims, with proper allow- ances for delinquent taxes and contingencies. Said statement shall also set forth the separate amounts necessary to be raised for each of said funds by the le\*y of taxes for the current fisal year, and the pro- posed rates of levy of taxes, in cents on each one hundred dollars of assessed value, on the taxable property of the district for each of said funds ; and also the aggregate of the taxable property of the district, stating separately the assessed value of personal property, of real estate, and of the property assessed by the board of public works. A copy of such statement duly certified by the secretary of the board shall before the next meeting of the board be printed once in two newspapers of opposite politics in the county, if there be two such newspapers of general circulation in the county. The session shall then stand adjourned until the fourth Tuesday in August, at which time it shall convene; and it shall then be the duty of said board to hear and consider any objections made orally or in writing, by the- prosec-uting attorney, by the state tax commissioner or his representa- tive, or by any taxpayer of the county to said estimate and proposed levy, or any item thereof. It shall be the duty of the board to enter an order of record showing the objections so made, setting forth the reasons and grounds for such objections. But the failure of any officer or taxpayer to oft'er objection as herein provided shall not preclude him from pursuing any legal remedy necessary to correct any levy laid by said board. After said objections have been made and heard, the board shall thereupon reconsider the proposed original estimate and proposed rate of levy; and if the objections thereto or any part thereof appear to be well taken, the board shall correct the same ac- cordingly and it shall thereupon be approved and when approved shall, with the order approving it, be entered by the secretary in the- record book of proceedings. The board shall thereupon levy as many cents on each one hundred dollars of the assessed valuation of the- property of the district, according to the last assessment thereof, as 18 SCHOOL LAW OF WEST VIRGINIA. will produce the amount shown by the said statement necessary to be raised for the building fund, and levy in like manner the amount necessary, after deducting the sum receivable from the general school fund, for the teachers' fund to continue the schools in such district for the term of six months or for a longer term where such may be estab- lished by or according to law; provided, first, that the levy for the building fund shall not exceed fifteen cents on each one hundred dollars of said valuation, nor exceed thirty cents on each hundred dollars of said valuation for the teachers' fund; provided, second, that if said maximum levies hereinbefore authorized, shall not produce sufficient money, with the other sources of revenue, including any balance to the credit thereof in the hands of the treasurer, and the amount of general school fund apportioned to the district, to pay the salaries of the necessary number of teachers at the minimum rate of salary fixed by law for the schools of the district for the term of six months, it shall be the duty of the state superintendent of free schools to deposit with the treasurer of the board of education to the credit of the teach- ers' fund a sufficient amount to make up said deficiency, and the said state superintendent of free schools is authorized to withhold from the distribution made on the per capita basis, a sufficient amount of the general school fund not to exceed in any one year seventy-five thou- sand dollars for this purpose; provided, third, that in any magis- terial or independent district of the state a levy of fifteen cents on the one hundred dollars for the -building fund is not sufficient to meet all the outlay for necessary expenses for the school year properly chargeable to the building fund, such as repairs, fuel, janitor service and institute per diem, and not including the purchase of land or the erection of new buildings, then it shall be the duty of the state super- intendent to make requisition upon the auditor for a sufficient sum out of the general school fund, not exceeding fifteen thousand dollars in any one year, for the purpose of supplementing the building fund of districts entitled to such assistance. The state superintendent before making requisition on the auditor for the supplementary aid herein provided for, for the teachers' and the building fund, shall inform him- self of the conditions existing in such districts as seek aid and shall require a financial statement and affidavits concerning the same from all boards of education asking for help. Any balance of the general school fund withheld from the per capita distribution for such dis- tricts, as aforesaid, in any year, shall revert to said fund at the close of the year; provided, fourth, that in any district or independent dis- trict which contains an incorporated city or town where a graded or SCHOOL LAW OF WEST VIRGINIA. 19 high school is maintained, which is continued for a longer period than six months, the board of education shall have authority to lay a levy in addition to the levies above specified sufficient for all purposes to conduct the schools of said city or town for the term fixed; provided, fifth; that in any other district where all the sources of revenue here- inbefore provided for including the apportionment to the district of the general school fund and of the amount withheld from the general school fund by the state superintendent as supplementary aid to dis- tricts will not provide for minimum salaries to a sufficient number of teachers to teach all the schools in the district for the minimum term of six months, it shall be the duty of the board of education to lay an additional levy not to exceed five cents on each one hundred dollars of the assessed valuation to make up such deficiency in the teachers' fund; provided, sixth, that if the board of education of any district, or independent district, maintains a lawfully established high school, or maintains such high school in connection with one or more other dis- tricts, the board of such district, or boards of districts where the high school is jointly maintained, may levy for the support of said high school, in any one year, not to exceed ten cents on each one hundred dollars valuation of the property of the district, or districts. See Appendix A for law passed in 1915 providing for special debt levy and other provisions concerning the rates and manner of laying levies. Additional Levy. Sec. 22. If any board of education be of the opinion that the maxi- mum rate of levy of taxes hereinbefore named will not produce suffi- cient funds for the current fiscal year to cover the expenditures for the year in its school district, it may enter an order on its record book of proceedings setting forth the purposes for which additional funds will be needed, the amount thereof for each purpose, and the total thereof, the aggregate amount of the taxable property on which it is authorized to levy taxes and the rate of levy in cents 011 each one hun- dred dollars of valuation of such property necessary to produce the additional amount estimated to be needed; and in the same order submit to the voters of the school district, at an election therefor, the question of such additional levy. If a majority of the votes cast on the question at such election be in favor of such additional levy, the board shall have authority to make such additional levy, but the same shall not exceed twenty cents 011 each one hundred dollars of valuation of the taxable property in the school districts, according to the last assessment thereof : provided, that if amy school or independent school 20 SCHOOL LAW or WEST VIRGINIA. district create in the future a bonded indebtedness according to law, and the board of education be of opinion that the maximum rate of levy provided in section twenty-one will not produce sufficient funds to pay the interest on such bonded indebtedness and provide a sinking fund for the discharge of the principal in the number of years author- ized by the issue of the bonds, it may enter an order on its record book of proceedings setting forth the maximum rate of levy necessary in each year to pay the interest and to provide such sinking fund ; and in the same order submit to the voters of the district at the election held for the purpose of authorizing the bond issue, the question of such levy. At such election there shall be printed on the ticket a brief. statement of the levy herein provided for, such as, "To authorize a maximum special bond levy of - cents according to the order of - - entered on the day of - to pay the interest and provide a sinking fund for the discharge of the bonds now being voted upon." And directly underneath in two separate lines shall be printed the words, "For the levy" and "Against the levy." In all respects the provisions of the laws concerning general elections, and elections under the provisions of this act, shall apply to such election as far as they are practicable. If a majority of the votes cast at such election be in favor of such levy, the board shall have authority to lay such maximum levy, and may continue to lay the same, or such portion thereof as is necessary, from year to year, without an additional vote, until such bonded indtebtedness is paid off and discharged ; but the funds arising from such levy shall be used for the purpose herein designated and no other. How Elections Herein Authorized Shall Be Held. Sec. 23. The election authorized in section twenty- two may be held at any general election, or at any special election held for any other purpose, as well as held separately. Notice thereof, however, shall be given by the publication of the order of the board calling the same, in two newspapers of general circulation in the territory in which the election is held, and of opposite politics, at least once in each week for two successive weeks before the election, and printed copies of said order shall be posted at each place of voting at least ten days before the election. If there be only one such newspaper published in the county, the publication shall be made therein. All the pro- visions of the laws concerning general elections shall apply to such election as far as they are practicable, except as follows: A separate ticket shall be used at such election held in connection with any other SCHOOL LAW OF WEST VIRGINIA. 21 election. On such ticket shall be printed a brief statement of the question submitted, such as "Special election to authorize levy of - cents, according to the order of the day of - ;" and directly underneath, in two separate lines, shall be printed the words "For the levy/' and "Against the levy." Those favoring the levy shall erase the words "Against the levy" and those opposed there- to shall erase the words "For the levy." If a majority of those voting on the question be in favor of the levy the said board shall be author- ized to lay the same ; but if a majority of the votes cast on the question be not in favor of such levy, it shall not be laid. The secretary of the board shall procure and furnish to the election commissioners at each place of voting the tickets, poll books, tally sheets, and other things needed. Special Debt Levy Provisions as to Certain Funds. *Sec. 24. If any school district or any independent school district have outstanding unpaid orders on the treasury thereof, or owe other floating indebtedness, which orders were issued or which indebtedness was incurred previous to the first day of January in the year nineteen hundred and eight the amount whereof is so considerable that it is impracticable to discharge the same out of the proceeds of the regular levy, and the board of education deem it inadvisable to submit to the voters of the district the question of an additional levy as provided i section twenty-two, the board may lay a levy in addition to said regular levy to be called "Special debt levy," not exceeding ten cents on each hundred dollars of the valuation of the taxable property of the district according to the last assessment of such property, and con- tinue such levy for as many years as may be necessary to pay off such debt, but not longer. The net amount produced by any such levy, or by any additional levy authorized by section twenty-two, shall not be used for any other purpose, as to such special debt levy than for the payment of such debt, or as to such additional levy for the purpose or purposes named in the order submitting the question to the voters. The treasurer of each of such funds shall keep an accurate account of the same separately from other funds. If after paying off such debts or effecting the object of said additional levy or of said special levy, any balance remains of any said funds the same shall, first revert to the sinking fund of the district or independent school district, or secondly, if there be no such sinking fund, it shall revert to the teachers' fund. *See Appendix A for law passed in**L915 providing for special debt levy and other provisions concerning the rates and manner of laying levies. 22 SCHOOL LAW OF WEST VIRGINIA. Certain Acts Prohibited Penalties. *Sec. 25. It shall be unlawful for any board of education to expend any money or to incur any obligation or indebtedness which such tribunal is not expressly authorized by law to expend or to incur. Nor shall any such tribunal make any contract, express or implied, the performance of which, in whole or in part, would involve the expen- diture of money in excess of funds legally at the disposal of such tri- bunal, issue or authorize to be issued any certificate, order or other evidence of indebtedness which cannot be paid out of the levy for the current year or out of the fund against which it is issued. Nor shall any such tribunal attempt to lay any such levy the rate whereof shall exceed the rate specified by this act. Any member of any such tribunal, or any officer or person, who in violation of any of the provisions of this act shall expend any money or incur any debt or obligation, make or participate in the making of any such contract, or be a party thereto in any official capacity, or issue or cause to be issued any such certificate, order or other evidence of indebtedness, or lay or cause to be laid any levy or levies, shall be personally liable therefor, both jointly and severally, and an action may be maintained therefor by the State, or by any county, municipal corporation, district, or person pre- judiced thereby, in any court of competent jurisdiction; and any such member, officer or person shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars or be confined in jail not more than one year, or both fined and imprisoned; and in addition thereto shall forfeit his office. Whenever any court of competent jurisdiction by mandamus, injunc- tion or other judicial proceeding shall determine that any officer or person has wilfully violated any of the provisions of this section, it shall enter an order declaring the office of such officer or person forfeited. Duty of State Tax Commissioner and Attorney General. Sec. 26. The State tax commissioner shall prepare forms and instructions for making up the statement named in section twenty- one of the condition of the fiscal affairs, which forms and instructions shall be followed so far as they are consistent with law. The attorney general shall prepare forms and instructions for the holding of any election provided by this act, which forms and instructions shall be followed. *8ee Appendix A for law passed in 1915 providing for special debt levy and other provisions concerning the rates and manner of laying levies. SCHOOL LAW OF WEST VIRGINIA. 23 Additional Term Special Election. Sec. 27. The board of education of any district or independent district may at their first meeting held on the first Monday in July extend the term of six months school herein provided for, or they shall upon the petition of fifty taxpayers of their district, submit the question of having more than six months school to the voters of their district at any general election or at a special election to be held in such district at such time as said petitioners may designate. If such question is to be submitted at a general election the board of education shall notify the ballot commissioners who shall thereupon have printed on the ballots used at such general election "For months school" and "Against months school/' and if at a special election, the secretary of the board of education shall post notices of such special election at all the voting places in the district for at least twenty days before the day on which said election is to be held. The ballots used at said election shall have written or printed thereon the words "For months school/' and "Against months school." If a majority of the votes cast at any such election shall be in favor of more than six months school, or if the board of education shall determine, without such election, to have more than six months school they shall provide for such additional months of school for their district, for the ensuing two years. Teachers' Salaries. Sec. 28. Boards of education shall at their first meeting for each school year determine the number of teachers necessary to be employed and fix the rate of salary that shall be paid said teachers. In determin- ing the salaries they shall have regard to the grade of teachers' certifi- cates, fixing to each grade the salary that shall be paid to teachers of said grade as follows: Teachers holding certificates of the grade number one, shall be paid not less than fifty dollars per month ; those holding certificates of the grade of number two, not less than forty dollars per month; and those holding certificates of the grade number three, not less than thirty dollars per month; and in the making of teachers' contracts the rate of salary so fixccl by the board shall in no case be increased or diminished; provided, that in a district or independent district having a school or schools employing two or more teachers in the same building, the board may fix a higher rate of salary to be paid to the teachers of such schools and adjust the salaries of said teachers according to the grade of certifi- 24 SCHOOL LAW OF WEST VIRGINIA. cates and to the conditions existing in such schools; provided, fur- ther, that if in any district the proceeds of the maximum levy of twenty-five cents on each one hundred dollars valuation of taxa- ble property together with such other funds as may be available, including the supplementary aid for school districts provided for in section twenty-one, are not sufficient to maintain all the schools of the district for the minimum term of six months and to pay the minimum salaries herein required, the board of education of such district shall have authority to lay additional levy for such purpose not to exceed five cents on each one hundred dollars valuation of taxable property. Extension of Term Special Levy. Sec. 29. If within ten days after the board of education has laid the levies as provided by law, a majority of the taxpayers of any sub- district, in which is located a school employing two or more teachers in the same building, file with the secretary of the board of education their petition praying for the extension of the term of such school for a given number of months for the ensuing year, the said board of educa- tion shall extend the term of said school for the number of months prayed for, and shall provide for such additional expense necessarily incurred in carrying on said school for such extended term by special levy not exceeding the rate of five cents on each one hundred dollars' valuation of the taxable property in such sub-district and the proceeds of such additional levy shall be known as sub-district teachers' fund and shall be collected, reported and accounted for in the same manner as provided for the proceeds of other school levies. Providing for Establishment of Normal Training Departments in High Schools and Authorizing Special State Aid Therefor. Sec. 29a. Whenever in the judgment of any county high school board or of any district or independent district board of education in whose district a high school is maintained, it is advisable to provide for the better training of the teachers in the elementary schools of their county or districts, such county high school board, district board of education or independent district board of education shall have the authority -to establish and maintain a normal training department in connection with any high school under their control, to provide necessary rooms, furniture, equipment and supplies, and to employ teachers therefor. It shall be the duty of the state board of education to prescribe a course of study for such normal training department, to determine SCHOOL LAW OF WEST VIRGINIA. 25 the number and qualifications of teachers to be employed therein, and to establish such other regulations and requirements for their conduct as they may deem best; and when a normal training department has been established in any high school in accordance with the regula- tions and requirements of the state board of education and has been approved by said board, such high school shall be designated and known as a normal training high school. The state board of educa- tion shall om or before the first day of October annually, report the number and location of high schools approved by them as normal training high schools, to the state superintendent of schools. Normal training high schools so approved shall be entitled to receive, in addi- tion to the state aid now provided by law for classified high schools, the sum of four hundred dollars annually, the same to be paid out of the appropriation for classified high schools at the time and in the manner prescribed by law for the payment of state aid to clas- sified high schools, and to be used for the maintenance of normal training departments of such high schools and for no other purpose; provided, however, that not more than ten high schools in the state shall receive aid as normal training high schools at one time ; and pro- vided, further, that such state aid shall not be given in support of any such normal training department of any high school located in any county in which a state normal school or other state school maintain- ing such normal training course is located. District High Schools; How Established; Classification and State Aid. Sec. 30. (a) If the board of education of any district deem it expedient to establish a high school in such district, they shall submit the question to the voters of the district at a general or special election in the manner following, that is to say: The board shall prepare and sign a notice setting forth the kind of school proposed; the estimated expense of establishing the same, including cost of site, building, furniture, books and apparatus and the estimated annual expense of supporting the school after it is in operation, with such other information concerning it as they may deem proper; and stating that the question of authorizing the establishment of such high school shall be submitted to the voters of the district at the election specified in the notice which they shall cause to be posted for four weeks before the election in at least three of the most public places in the district. The ballots used in voting on the question shall have written or printed thereon the words "For district high school," and the words 26 SCHOOL LAW OF WEST VIRGINIA. "Against district high school/' If it appear by the result of said election that a majority of the voters who voted on the question are in favor of authorizing the establishment of said school, the board of education shall then proceed to obtain the site, provide a suitable building or buildings, furniture, apparatus and supplies and employ necessary teachers therefor. (&) The high schools of this state shall be divided into three classes as follows: High schools of the first class shall include all high schools offering courses of study covering four years of not less than thirty-six weeks each and employing not fewer than three thoroughly qualified high school teachers who devote all of their time to the teaching of high school subjects. High schools of the second class shall include all high schools offering courses of study covering three years of not less than thirty- six weeks each and employing not fewer than two thoroughly qualified high school teachers who devote all of their time to the teaching of high school subjects. High schools of the third class shall include all high schools offering courses of study covering two years of not less than thirty- six weeks each and employing at least one thoroughly qualified high school teacher who devotes all of his time to the teaching of high school subjects. (c) It shall be the duty of the state superintedent of schools to classify all of the high schools of the state in accordance with the provisions of division (b) of this section. (d) To assist in the maintenance of all such high schools as have been properly classified according to the provisions of division (b) of this section and have complied with all the requirements thereof, the following amounts are hereby appropriated to be paid annually out of the state fund : To each high school of the first class, $800; to each high school of the second class, $600 ; and to each high school of the third class $400. (e) The state superintendent of schools shall not later than the first day of October, annually, notify the county superintendent of schools of each county as to the amount due under the provisions of this section to each of the classified high schools in his county. The county superintendent shall issue his warrants upon the auditor, pay- able to the order of the sheriff of his county, for the amount due each school which shall be paid in two equal installments, payable on the first day of December and the first day of April. SCHOOL LAW or WEST VIRGINIA. 27 Payment of High School Tuition. Sec. 30-a. It shall be the duty of the board of education of any district which does not maintain a high school to pay the tuition fees of all pupils in their district who have completed the course of study in the elementary schools and who desire to attend public high schools or other schools of high school grade in other districts within the state ; provided, that boards of education shall not pay more than two dollars and fifty cents per month for such tuition for each pupil attending a high school or other school of high school grade in another district; and, provided, further* that boards of education shall not be required to pay such tuition fees for any pupils for more than four years; and, provided, further, that any board of education maintaining a high school of less than four years course, may pay the tuition of any pupil who has completed the course in such high school in any other school or schools of high school grade of four years, or equivalent thereof, so that such pupil may have the benefit of a four years' course in high school. Fees for the tuition of high school pupils shall be paid out of the building fund of the district upon the presentation of a certificate signed by the president of the board of education controlling the high school in which tuition pupils were in attendance and by the principal of the school and giving the names of such pupils and the number of months each was in attend- ance. Joint District High Schools. Section SO^. If the boards of education of two or more contig- uous districts whether in the same or another county, believe it ex- pedient and wise to establish and maintain jointly a high school in any one of said districts, the building, if one is to be erected, and the site therefor, to be owned jointly in proportion to the amount contributed by the districts so uniting, the respective boards shall submit the question to the voters of the respective districts, at a general or special election, in the way and manner and after the notice required by section thirty of said chapter. The boards of education proposing to unite shall meet and deter- mine the location of the proposed school, the estimated amount to be contributed toward the establishment and yearly maintenance of said school by each district, the total cost thereof to be apportioned among the districts uniting on the basis of their respective valuations of taxable property, which agreement shall be reduced to writing and entered of record in the minute book of the respective boards, 28 SCHOOL LAW OF WEST VIRGINIA. the substance of which shall be made a part of the statement to the voters hereinbefore provided for. The control and management of said joint high school, after the same is established, is hereby vested in the boards of education of the several districts so uniting to be exercised in joint session, the county superintendent of schools to be ex-officio a member and chairman of said joint session, and as such entitled to vote and participate in the control and management of said high school, and there is hereby conferred upon each board of education all the authority for the establishment and maintenance of said joint high school by contract, levy, issue of bonds, or otherwise, that is conferred upon a board of education for the establishment and maintenance of a high school within its district; the election to be held and the result ascertained as provided in said section thirty of chapter forty-five of the code; and all of the provisions of said section, so far as the same are ap- plicable, are made applicable to the establishment and maintenance of such joint high school, except that a majority of the voters of each district shall be sufficient to authorize the establishment of such high school. In the event that one or more of the districts uniting to establish such high school shall be in different counties, the county superintendent of each county shall be ex-officio a member of such joint session, the chairman to be selected by such joint session and in the event of a tie vote on any question the State Superintendent of Schools shall have the deciding vote. Said boards of education, in joint session as herein provided, may provide for the teaching of elementary pupils in such high school building, if the same have sufficient capacity, upon such terms for the use of the building as they may agree upon. High School to be Discontinued. Sec. 31. Any district high school shall be discontinued at the end of any year upon the petition in writing of at least seventy-five per cent, of the taxpayers of the district. Meetings Quorum. Sec. 32. The boards of education of the several districts may hold their meetings on the first Monday of each month during the school term and at such other times as they may determine, but no business shall be transacted at a special meeting except such as may be desig- nated in the call therefor of which all the members have notice. A SCHOOL LAW OF WEST VIBGINIA. 29 quorum of the board shall consist of a majority of the members thereof, and they shall do no official business except when assembled as a board. Compensation. Sec. 33. The members of the board of education of each district shall each receive as compensation for their services the sum of two dollars per day to be paid out of the building fund of the district on the order of the county superintendent: provided that no com- missioner shall receive pay for more than ten days, and no president for more than fifteen days in one year, one day of which shall be spent by each of them in attending a county teachers' institute held in his county. Kindergartens. Sec. 34. The board of education of any district or independent district in which there is a city, town or village, of one thousand population or mone, may establish in connection with the schools of such district a kindergarten, to which may be admitted children between the ages of four and six years, under such regulations as may be prescribed by law for the admission of youth to the other schools- of such district. No person may be employed as a teacher in such kindergarten unless she holds a diploma from a kindergarten college, or, in addition to holding such a certificate as is required of other persons employed as teachers in the schools of this state, be duly examined in kinder- garten methods and theories, in such manner as the board of educa- tion may prescribe. Free Text Books. Sec. 35. The board of education of any district or independent district may purchase the necessary text-books prescribed to be used in the free schools under their control and furnish the same free to the pupils of said schools. If the board of education determines to purchase and furnish such free text-books, they shall enter an order to that effect upon the records, and shall cause said books to be pur- chased and kept in charge by the secretary and furnished to the pupils of the free schools of their district as hereinafter provided. Teachers to Distribute. Sec. 36. At the commencement of every term of the free schools- 30 SCHOOL LAW or WEST VIRGINIA. in such district the secretary shall deliver to the teachers thereof such books as may be necessary for the use of the several pupils therein for the ensuing term of school and take from them receipts showing the number and kind of books so received. It shall be the duty of such teachers to take charge of such books and to distribute them among the pupils of their schools as needed, and said teachers shall have and exercise general control over said books during such term and at the close thereof and before they receive an order for salary for the last month of such term shall collect and gather to- gether all the books so used during the term and deliver them to the secretary of the board of education: provided, that if any of the books delivered to any pupil of such district shall be unnecessarily injured or destroyed they shall be replaced by the pupil who injured or destroyed them. All such books shall be purchased by the board of education directly from the publisher, contracted with as pre- scribed by law and at the net wholesale price. Books for School Libraries. Sec. 37. The board of education of any district may purchase books for school libraries. But not more than ten dollars shall be expended in any year for this purpose for any school, and books so purchased must be selected from the list and in the order, and of the edition recommended by the state superintendent of free schools. Librarian. Sec. 38. The trustees of any sub-district where there is a school library containing two hundred volumes may upon the petition in writing of at least half of the taxpayers of the sub-district employ a responsible person to care for such school library during the time school is not in session and to open the said library for part of one day in each week at which time the patrons and pupils of such sub- district may draw out books under such rules and regulations for the care and return thereof as the said trustees may prescribe. For his services the said librarian shall be paid five dollars per year, out of the building fund, by order of the board of education. Bonds Election. Sec. 39. In any district or independent district, the board of education may borrow money and issue bonds therefor for the purpose SCHOOL LAW OF WEST VIKGINIA. 31 of building, completing, enlarging, repairing or furnishing school houses in such district or independent district. Said bonds shall be payable in not less than ten nor more than thirty-four years from their date and the rate of interest thereon shall not exceed six per centum per annum; provided, that no debt shall be contracted under this section which shall, including existing indebtedness, in the aggregate, exceed two and one-half per centum of the value of the taxable property in said district, to be ascertained by the last assess- ment for state and county taxes previous to the incurring of such indebtedness, nor without at the same time providing for the collec- tion of a direct annual tax sufficient to pay annually the interest on said debt, and the principal thereof, within and not exceeding thirty- four years; and provided, further, that no debt shall be contracted under this section unless all questions connected with the same have been first submitted to a vote of the people of said district or inde- pendent district at a special or general election, and have received three-fifths of all the votes cast for and against the same. THE GENERAL SCHOOL FUND. How Constituted How Apportioned. Sec. 40. The proceeds of the capitation tax, the income of the school fund, the net proceeds of all forfeitures and fines which accrue to the state during the previous year and all money arising from the sources named in section four of article twelve of the constitution heretofore going to the "school fund," but as now amended going to "the general school fund," and all funds from any sources paid into the treasury for school purposes and not otherwise appropriated, shall be set apart for the support of free schools, as a separate fund to be called ."the general school fund" and shall be annually apportioned and distributed to the several counties of the state in proportion to the number of youth of school age according to the latest enumeration for school purposes, to be applied to the support of free schools throughout the state, and to no other purpose whatever, except that the auditor shall in ascertaining the amount to be apportioned and distributed to the several counties first deduct the aggregate salary of the state superintendent of free schools, his necessary traveling expenses not to exceed five hundred dollars, the contingent expenses of his office, the salaries of the county superintendents, the supple- mentary fund provided for in section twenty-one and other expend- itures required by law to be paid out of the general school fund: 32 SCHOOL LAW OF WEST VIRGINIA. provided, that if. the amount of the general school fund in any year is less than seven hundred and fifty thousand dollars the board of public works shall transfer thereto from the state fund an amount necessary to make the general school- fund at least seven hundred and fifty thousand dollars; and if in the judgment of said board the condition of the state fund will justify it, such transfer may be sufficient to make the general school fund one million dollars. Auditor to Report. Sec. 41. It shall be the duty of the auditor, on or before the twentieth day of July in each year, to ascertain the amount of the general school fund which is distributable among the several counties as aforesaid, and notify the state superintendent of free schools thereof, who shall thereupon ascertain the proper share of each county and notify the auditor and each county superintendent of said apportionment. Apportionment of General School Fund. Sec. 42. Upon receiving such notice, the county superintendent shall ascertain the proper share of each district, and independent school district, of his county, according to the number of youth enumerated therein, and give notice to the board of education of each district, and independent school district, in the county, of the amount of the general school fund due each respectively, and that the same cannot be drawn by them until they have made the levy required by section twenty-one of this chapter. Requisition for the General School Fund. Sec. 43. When the board of education has laid the levy for the teachers' fund the county superintendent shall issue his requisition on the auditor, payable to the order of the sheriff' of his county, for the amount due, which shall be paid in two equal installments, pay- able on the fifteenth of September and December, respectively. Delinquent Lists. Sec. 44. The delinquent lists for the county and district school levies shall be returned and all other proceedings had in relation thereto as provided by law for other delinquent taxes. SCHOOL LAW or WEST VIRGINIA. 35 SECRETARY OF BOARD OF EDUCATION. Duties. Sec. 45. The board of education at their first meeting, shall be held on the first Monday in July of each year, shall appoint a secretary who shall not be a member of the board, and who shall,. before entering upon the discharge of his duties, take the oath pre- scribed by law, and shall attend all meetings of the board, and record their official proceedings in a book kept for that purpose, showing the number of each order issued, the name of the payee, the purpose* for which issued, and the amount thereof which record shall be attested by his signature and the signature of the president of the board, and which shall at all reasonable times be open to the inspec- tion of any person interested therein. He shall have the care a<8 custody of all papers belonging to the board, including evidences off title, contracts and obligations, and preserve the same in his office* properly arranged for reference; and shall record and keep on fflfe in his office such papers and documents pertaining to the business of the board, and keep such accounts and prepare and certify such reports and writings, as the law may require or the board direct, all of which records, papers, contracts, documents and other property pertaining to his office shall be immediately delivered in proper condi- tion to his successor in office. Whenever any orders are drawn on.< the sheriff or school treasurer the secretary shall immediately make up a list of said orders, showing the number of the order, name of payee and amount, which list together with said orders shall be delivered to the county financial secretary for his signature and proper record. Said orders shall then be delivered by the county. financial secretary to the persons entitled to the same. .... k ' Abstract of Proceedings. Sec. 46. The secretary of the board of education of each district shall, within three days after each meeting of the board of education, post an abstract of the proceedings thereof at the front door of the place of meeting, and within ten days after the annual settlement with the sheriff the secretary of the board of education of each district - and independent district shall post at the same place an itemized 5 statement, duly sworn to by the president and the secretary of said' board, showing all disbursements by said president and secretary by orders on the sheriff, or otherwise, within the school year last pre- 34 SCHOOL LAW OF WEST VIRGINIA. ceding, from the teachers' fund, the building fund, and any other fund from which disbursements are made, setting forth the name of ithe person to whom and the purpose for which each order was issued. Administer Oaths. Sec. 47. The secretary shall have authority to administer oaths io school officers and to teachers or others reporting enumeration. * Assessor's Certificate. ' Sec. 48. The assessor shall make out and deliver to the secretary of the board of education of each district and independent district in his county on or before the second Tuesday in August in each year, a certificate showing the aggregate value of all personal property and real estate in such district or independent district, and to the county superintendent of free schools a certificate of the aggregate value of such property in the county, which certificates shall serve as the basis for the school levies for the ensuing year. Report Rate of Levy. Sec. 49. Within three days after the board of education has laid the levy for the building fund and the teachers' fund, it shall be the duty of the secretary to report the rate thereof to the county super- intendent and the proper assessor, and within three days thereafter it shall be the duty of the county superintendent to report the rate of levy for the various funds to the clerk of the county court and the assessor and the rate of levy for all funds, and the total value of real and personal property in each district and independent district to the state superintendent and the auditor; and it shall thereupon be the duty of the proper county officer to extend on the personal property book and on the land book the amount of taxes levied as aforesaid, in separate columns, headed respectively teachers' fund, and building fund, which taxes the sheriff shall collect and account for as required by law. Penalty. Sec. 50. Any assessor, clerk of the county court, secretary of a board of education, or county superintendent who fails to perform the duties required of him by sections forty-eight and forty-nine of this chapter, shall be guilty of a misdemeanor and upon conviction thereof be fined twenty dollars. SCHOOL LAW OF WEST VIRGINIA. 35 Report. Sec. 51. From the reports of trustees, the teachers' registers, the annual settlement with the sheriff, and from such other authentic information as he may be able to obtain, the secretary shall make a tabular report to the county superintendent on or before the twentieth day of July annually, showing all the statistics and other facts required in the blanks furnished by the state superintendent, with such explanations and remarks as he may deem pertinent. Salary. Sec. 52. The secretary of the board of education of each district shall receive for his services in districts with fewer than fifteen schools twenty dollars; and in districts with fifteen and fewer than twenty- fire schools, thirty-five dollars, and in districts with more than twenty- five schools, fifty dollars. In addition thereto he shall receive the sum of ten dollars for the report required in section fifty-one, both amounts to be paid out of the building fund of his district on the order of the county superintendent of free schools; but said order shall not be issued until the secretary has made a correct and complete report within the time required by law. TRUSTEES. Appointment Term Oath. Sec. 53. The board of education shall at the first meeting to be held on the first Monday of July, nineteen hundred and eight, appoint three intelligent and discreet persons trustees for each sub- district in their district, who shall hold their office, one for one year, one for two years, and one for three years respectively; and annually thereafter appoint one trustee for said sub-district who shall hold his office for a term of three years, and every trustee so appointed under this section shall be immediately notified of his appointment, and shall within ten days after receiving such notification, qualify as such by taking and subscribing to the oath of office prescribed by law. Quorum. Sec. 53%. No one trustee shall, by himself, have any power to 36 SCHOOL LAW OF WEST VIRGINIA. perform any duty required by law of the trustees, who shall meet at a time and place fixed by two of their number, the other having had reasonable notice of such meeting, and two of the trustees shall constitute a quorum, and they shall keep a record of their acts and proceedings in a book to be furnished them by the board of educa- tion for that purpose, such book to be turned over by them to their successors in office. May l>e Removed. Sec. 54. Any trustee may, for good cause shown, be removed from office by the board of education upon five days' notice in writing, of the cause alleged for his removal, and of the time and place the board will take action thereon. Vacancy in Office. Sec. 55. Vacancies in the office of school trustee shall be filled by the board of education for the unexpired term. Appoint Teachers. Sec. 56. The trustees of every sub-district shall have charge of the schools therein and shall on the third Monday in July of every year, or as soon thereafter as practicable, appoint at the school house of their sub-district, a teacher or teachers, for the ensuing term of such school, who shall hold a valid teachers' certificate, and such appointment shall be in writing according to the form of con- tract furnished by the state superintendent of free schools, which contract shall be at the rate fixed for the grade of certificate held by such teacher and shall be filed with the secretary of the board before the beginning of the term for which the teacher is employed. Certificate Filed. Sec. 57. No person shall be employed to teach in a free school of this state until he has presented to the board of education having charge thereof, a valid teacher's certificate which shall be filed until the close of the school term with the secretary of the board of educa- tion of the district wherein said school is situated, and so endorsed by the secretary, and no salary shall be paid to any teacher unless such certificate be so filed. SCHOOL LAW OF WEST VIRGINIA. 37 Appointment of Certain Persons Prohibited Removal of Teachers. Sec. 58. No trustee shall contract with or appoint as teacher of his school himself, his wife, father, son, son-in-law, grandson, brother, brother-in-law, daughter, daughter-in-law, granddaughter, sister, sister-in-law, aunt, uncle, niece, nephew, or first cousin by blood. If any trustees appoint any person so related to any two of the trustees as teacher of their school, the board of education may declare such contract void. Any teacher may be removed by the board of education for incompetency, neglect of duty, intemperance, profanity, cruelty or immorality, and any teacher so removed shall not receive .any salary for the unexpired term. Holidays. * Sec. 59. In contracts with teachers it shall be understood that school is not to be kept in operation for instruction on Saturday or any holida} r , but if a holiday fall upon a day which otherwise would be a school day, and on a day immediately preceding or immediately following a day on which school is taught, it shall be counted as though taught. "Visit Schools. Sec. 60. The trustees shall visit every school under their charge within two weeks after the opening, and again within two weeks before the close thereof, and at such other times as it may be neces- sary or useful. During such visits they shall inspect the register of the teacher and see whether it has been properly kept, and ascertain whether the pupils are supplied with books and other things required for their studies; whether the school house and grounds, closets, and other outbuildings, furniture, apparatus and library are kept in good order; whether anything injurious to health is suffered to remain .about the house or grounds; and whether the school house is well ventilated and kept clean and comfortable; and where necessary they shall provide and promptly apply the proper remedy. They shall ^also, during such visits make such examination as they may deem pertinent respecting the studies, discipline and general condition of the school and the conduct and proficiency of the pupils, and give such directions or make such suggestions to the teacher, as, in their opinion, will promote the interests of the school, and the health, morals and progress of the pupils. *NOTE : See Appendix A for further provisions relating to holidays. 38 SCHOOL LAW or WEST VIRGINIA. Purchase of Supplies. Sec. 61. The trustees shall cause the school house under their charge and everything pertaining thereto to be kept in good order, and to this end may purchase fuel, water-buckets, brooms, coal-hods, shovels, pokers, stove-pipe, crayons, erasers, dippers and wash-basin& for use in the school room, and make such repairs to windows, doors^ benches, desks, floors, walls, ceilings and roofs as may be necessary to make the house comfortable. The trustees shall also see that the school house is swept and that fires, when necessary, are made and kept therein by the teacher, if the teacher so desire, for which sweep- ing and fire building the teacher or other person doing the work shall be allowed fifty cents per week, payable at the end of the term upon a proper certificate from the trustees, out of the building fund of the district. May Allow School Houses Used. Sec. 62. The trustees may allow the school house in their charge- to be used for holding religious, political, or literary meetings and Sunday school and such other meetings as may be considered bene- ficial to the public generally, under such regulations for the care and cleaning thereof as they may prescribe: provided, that such meeting shall not interfere with the public schools. Make Estimates of Improvements. Sec. 63. The trustees shall furnish the board of education at the end of the school year estimates of all improvements and repairs necessary for the preservation of buildings, grounds and furniture under their charge ; also" a report of the condition of the school house, and the value and kind of apparatus, the number of volumes in the school library and their value, with such explanations and additional information as they may deem useful, or as the blanks furnished by the state superintendent may require. Report of Expenses. Sec. 64. The trustees shall keep an exact account by items of all necessary expenses incurred by them in the performance of their duties, which they shall file with the secretary of the board of -educa- tion at or before the last meeting for the current school year. If the SCHOOL LAW or WEST VIKGINIA. 39 board find the account correct, they shall pay the various items thereof, out of the building fund of the district by orders on the sheriff, but if found incorrect, the secretary shall return it for correction. Under Supervision of Board of Education. Sec. 65. The trustees of each sub-district shall be under the super- vision and control of the board of education, and in all cases their actions shall be subject to revision and correction by the board of education, upon the complaint in writing of any three taxpayers of the sub-district. Transfer of Pupils Tuition. Sec. 66. Whenever any person authorized to attend school is so- situated as to be better accommodated at the free school of an adjoining sub-district or independent district, whether in the same or in an adjoining district or county, or whenever it may be necessary to establish a school composed of pupils from parts of two or more sub- districts in adjoining districts, whether in the same or different coun- ties, it shall be the duty of the trustees of the sub-district in which such pupil lives to transfer him for school purposes to the sub-district in which such school house is situated for the same period that the schools of the district from which the transfer is made are in session, subject, however, to the approval of the trustees of the sub-district or the board of education of the independent district, to which such pupil is transferred; but the enumeration of youth shall be taken in each sub-district as if no transfer had been made. Divide Expenses. Sec. 67. But in all cases of transfer of pupils from one district to another the board of education of the district from which the trans- fer is made shall pay to the board of education of the district in which the school is carried on such proportion of the cost of teachers of said school as the pupils so transferred bear to the whole number of pupils- taught in such school. Consolidation of Schools. Sec. 68. Boards of education shall have authority to consolidate two or more sub-districts into a single sub-district, and where practice- 40 SCHOOL LAW OF WEST VIRGINIA. ble establish a graded or consolidated school therein, and if necessary provide for the transportation of pupils to and from such school at public expense ; provided, that no sub-district whose school during the last preceding school year maintained an average daily attendance of twelve or more, shall be consolidated with another sub -district except with the written consent of at least a majority of the voters of the sub-district affected. Contracts for the transportation of pupils shall be let to the lowest -responsible bidder, and all expenses shall be paid out of the building -fund of the district, under such rules and regulations as the board *of education may prescribe. Who May Attend School. "Sec. 69. The following persons when residing in a sub-district or independent district with intent to make such district their home, shall have the right to attend the free schools thereof, and to receive 'instruction therein; that is to say, every youth between the age of six and twenty-one years, and any other person, with the consent of 'the trustees or the board of education, as the case may be, and upon the payment of tuition fees not to exceed two dollars and fifty cents s per pupil per month, and upon such other terms as the trustees or the board of education may prescribe. Said tuition fees shall be paid in advance to the sheriff, who shall give his receipt therefor and place the amount to the credit of the teachers' fund of said district. Colored Pupils. Sec. 70. White and colored pupils shall not be taught in the same school, or the same building, but it shall be the duty of the board of -education to establish one free school, or more if necessary, in any sub-distric.t wherein there are ten or more colored persons of school age and, if possible, in any district wherein there are fewer than ten. For the purpose of carrying out this section the board of education may establish schools composed of pupils from 'adjacent districts in 'the manner provided in section eighteen for white pupils. Division of Funds Mandamus. 'Sec. 71. Whenever, in any school district, the benefit of a free ^school education is not secured to the colored children residing therein SCHOOL LAW OF WEST VIRGINIA. 41 in the manner mentioned in the preceding section,, the fund applica- ble to the support of free schools in such district shall be divided by the board of education in the proportion which the number of colored children bear to the number of white children therein, a -..'cording to the last enumeration made for school purposes, and the share of the former shall be set apart for the education of colored persons of school age in such district, and be applied for that purpose from time to time in such way as the board of education may deem best. Any board of education failing to comply with this section may be com- pelled to do so by mandamus. COMPULSOKY ATTENDANCE. Age Time Misdemeanor. Sec. 72. Every person having under his control a child between the age of eight and fifteen years shall cause such child to attend some free school for a period of twenty-four weeks, yearly, beginning with the opening of the school term. For every neglect of such duty, the person offending shall be guilty of a misdemeanor, and shall upon conviction thereof, before any justice, who is hereby authorized to try and determine such cases, be fined two dollars for the first offense, and five dollars for each subsequent offense, which fine shall be paid into the building fund of the district in which said offense occurred. An offense as understood herein shall consist in the failure of such persons for two days in any week to cause such child to attend school, except in cases of sickness or death in the pupil's family, or other reasonable cause, or unless the pupil be thoroughly and systematically instructed for a like period of time elsewhere: provided, there be a school in session within two miles of the pupil's home, by the nearest traveled road. Truant Officer. Sec. 73. The board of education of every district or independent district at its first annual meeting, or as soon thereafter as practicable, shall appoint one or more truant officers whose duty it shall be to en- force the provisions hereof. Each officer so appointed shall use due dili- gence to ascertain any violation of this law, and when from personal knowledge or by report or complaint from any resident or teacher of ihe district under his supervision he believes that any child subject to the provisions hereof has been absent from school for two days he 42 SCHOOL LAW 'OF WEST VIRGINIA. shall immediately give written notice to the parent, guardian or cus- todian of such child that the attendance of such child at school is required, and if such parent, guardian or custodian of said child does not comply with the provisions of this section at once, then such truant officer shall make complaint against such parent, guardian or custo- dian before the nearest justice of the peace: provided, that for subse- quent offenses in any one year no such notice shall be required. Employer Misdemeanor. Sec. 74. Any person who induces or attempts to induce any such child unlawfully to absent himself from school, or who harbors or employs any such child unlawfully absent from school while the school in the district in which such child lives is in session, shall be guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of twenty-five dollars, and may be imprisoned ten days. Duty of Teachers. Sec. 75. Teachers in ungraded schools and principals and superin- tendents in graded and high schools shall report to truant officers all cases of violation hereof in their sub-districts or independent districts, and shall furnish all reports and information necessary to the proper hearing of any case before a justice of the peace and all such teachers, principals and superintendents shall assist truant officers in every reasonable way in carrying out the provisions hereof. Fines. Sec. 76. All fines collected under the four preceding sections shall at once be paid over by the justice to the sheriff, and by him credited to the building fund of the proper district; and every truant officer shall make to the secretary of the board of education and to the sheriff an itemized statement on the last day of each month of all fines imposed hereunder. Compensation of Truant Officers. Sec. 77. Said truant officers shall be paid monthly at the rate of two dollars per day for the time actually spent in the discharge of their duties as such officers, but in no case shall payment for any SCHOOL LAW OF WEST VIRGINIA. 43 month's services be made until the truant officer has filed with the secretary of the board of education the statement required in the pre- ceding section, together with a sworn statement of the number of truancy cases investigated and the time actually employed in such duties. When the truant officer has faithfully performed his duties and filed the statement required, the board of education, if satisfied that the same are just and correct, shall issue and deliver to him an order on the sheriff for the amount of his account, payable out of the building fund of the district. MEDICAL INSPECTION IN SCHOOLS. Appointment of Inspectors. Sec. 77-b. I. That the board of education of each independent school district in this state shall, and other boards of education may, within ninety days from the passage hereof, and thereafter on the first day of January of each year, appoint one or more legally qualified practicing physicians in said school district to be known as medical inspectors of schools, fix their salaries and define their duties as herein- after provided, and furnish the necessary stationery and printing for records and reports. Examination of Pupils for Physical Defects. Sec. 77-b. II. It shall be the duty of the medical inspector of schools to separately and carefully test each pupil in his school once during each school year to ascertain if the pupil is suffering from any defect or disability that would prevent the pupil receiving the full benefit of the school work, or if some modification of the school work should be made that the pupil might receive the best educational results. Examination of Pupils for Infectious or Contagious Diseases. Sec. 77-b. III. The medical inspector shall also, at the request of the superintendent of the school, carefully examine any pupil for evi- dence of infectious or contagious disease or any other condition which might prove harmful to other pupils. Whenever any pupil shows symptoms of smallpox, chickenpox, measles, scarlet fever, tuberculosis, diphtheria, influenza, whooping cough, tonsilitis, mumps, scabies, syphilis and other venereal diseases, trachoma, or any other contagious disease, the pupil must be sent home and the boards of health and 44 SCHOOL LAW OF WEST VIRGINIA. education notified in writing by the medical inspector of schools. Any pupil with any of the said diseases shall not attend school. Examination of Pupils Absent Fve Days. Sec. 77-b. IV. The medical inspector of schools also shall carefully examine each pupil who has been absent from school for five consecutive days for contagious or infectious disease, unless the pupil shall present to the superintendent of the school a written or printed statement, in the form hereinafter given, showing that the pupil and the house from which the pupil comes is free from infectious or contagious dis- ease, signed by the attending physician and endorsed by the medical inspector of schools. Investigations Teacher Nurses. Sec. 77-b. V. The medical inspector of schools shall also, when requested by the board of education, conduct investigations, furnish information and advice and assist to formulate rules of procedure on matters pertaining to the lighting, heating, ventilating and sanitation of the school building; the hours of study, recesses, exercises and any other matters pertaining to the health, vitality and development of the pupils. And, if deemed necessary, the board. of education may employ a teacher nurse to investigate the sanitary conditions of the pupil and home. Records Inspection Cards. Sec. 77-b. VI. The medical inspector shall also keep an accurate and complete record of each pupil tested and examined in thy following form: Date , 191... Pupil Age Grade School Parent or guardian .*' Heart Lungs Eyes Ears , . > Throat Teeth Contagious or Infectious Disease SCHOOL LAW OF WEST YIBGINIA. 45 Skin Disease Special Note Recommendation Signed ........... M. D. Medical Inspector of School. And when any condition is found, which, in the opinion of the medi- cal inspector, would prevent the pupil receiving the full benefit of the school work or would be a symptom of infectious or contagious disease, the medical inspector shall notify the parent or guardian and the superintendent of the school attended, using the following form: 191... The parent or guardian of attending School is hereby notified that examination of this pupil shows ab- normal condition of Take the pupil to your family physician for treatment and advice and take this card with you. , M. D. Medical Inspector School. And on the reverse side shall be printed: I have this day examined of the Grade School and find the following condition and have advised as follows. . Signed. , M. D. Dated Physician. The physician signing will return card to the pupil who will return it to the superintendent of the school attended. And when any pupil shall have been absent from school for five consecutive days, statement must be made to the superintendent of the school attended in the following form: 46 SCHOOL LAW OF WEST VIEGINIA. Dated 191... I have this day examined of the School, and find this pupil and the house from which the pupil comes to be free from infectious or contagious disease. Signed , M. D. Approved : M. D. Medical Inspector School. CURRICULUM. Subjects Taught. Sec. 78. In the free schools of this state there shall be taught read- ing, orthography, penmanship, arithmetic, English grammar and lan- guage, United States and West Virginia history, general and West Virginia geography, civil government, agriculture, physiology and hygiene, and in connection therewith the nature of alcoholic drinks and narcotics, with special instruction as to their effect upon the human system ; and in addition thereto in high schools, such other subjects as may be required in the course of study prescribed by the state board of education; provided, that the board of education of any district or independent district or any county high school board may establish in the elementary or high schools under their control, schools, departments, or classes for the teaching of manual training, home economics,, agriculture, commercial subjects and such other industrial and vocational subjects as they may determine, and maintain the same from the school funds of their district or county. Said board of educa- tion or county high school board may, at their discretion, provide for the continuance of such industrial and vocational instruction beyond the regular school term. Certificates Required of all Teachers Minimum Age. Sec. 79. It shall be the duty of the state superintendent of free schools to prepare and distribute a manual containing the courses of study prescribed by the committee on course of study and such other matter as may seem necessary to enable teachers to carry out the said courses of study, and his further duty to see that the teachers in all the various schools follow the course of study so prescribed; he shall also provide for the examination and graduation of pupils who satisfactorily complete the said course of study, and shall issue diplo- mas thereto. SCHOOL LAW OF WEST VIRGINIA. 47 EXAMINATIONS. Certificates Required of All Teachers Minimum Age. Sec. 80. No person shall be employed to teach in the free schools of this state or shall receive for teaching any part of any free school fund who is not of good moral character and physically and mentally qualified to perform the duties of a teacher; who has not attained the age of eighteen years on or before the first day of September of the year in which his certificate was issued, and who does not at the time he enters upon his duty hold a valid teacher's certificate covering the period of his emplo3 r ment. Time and Place. Sec. 81. The general regulation, direction aad control of all mat- ters relating to the examination of applicants for teachers' certificates, including, the preparation of questions, the grading of manuscripts, the granting and the issuing of certificates, and all other powers nec- essary for the proper examination of applicants for teachers' certifi- cates shall hereafter be vested in the state superintendent of free schools, who shall designate the time for holding such examination simultaneously in all the counties of the state, at such places and in such buildings as the county superintendent shall designate, subject to the approval of the state superintendent. Expenses. Sec. 82.. For the preparation and printing of questions, the grad- ing of manuscripts, the transmission of certificates, and the addi- tional clerical work demanded, the state superintendent of schools shall be allowed an amount not to exceed nine thousand dollars an- nually, which sum is hereby appropriated and set apart from the gen- eral school fund for this purpose. Assistants. Sec. 83. The county superintendents shall conduct all examina- tions as directed by the state superintendent, but when in any exami- nation there are fewer than thirty applicants the county superintend- ent shall appoint one assistant, and if more than thirty applicants 48 SCHOOL LAW OF WEST VIRGINIA. two assistants, who shall each receive six dollars for the two days spent in helping to conduct such examination. But nothing herein contained shall prevent the state superintendent from sending a com- petent person to oversee such examination if he deem it expedient. Fees. Sec. 84. Each applicant upon taking his first examination of the year shall pay to the county superintendent a fee of one dollar and fifty cents. Any applicant having passed one examination may take subsequent examinations upon payment of the full fee for taking more than half the subjects or one-half the regular fee for taking a part of the subjects not to exceed one-half. Out of the aggregate of all fees collected by the county superintendent he shall pay his assistants and other legitimate expenses of conducting such examinations, and the remainder he shall immediately transmit to the auditor of the state to be placed to the credit of the general school fund of the state. At the close of each examination he shall make and return to the state superintendent of schools a detailed and certified report of the number of applicants for certificates, the amount of fees collected by him, the amount paid out as above provided for expenses, and the amount transmitted to the auditor, and shall send with said report, receipts for all money paid for expenses. All applicants for certificates upon graduation or other credentials shall each pay a fee of one dollar to the state superintendent of schoels who shall transmit the same to the auditor of the state to be credited to the general school fund. Transmitting Questions and Manuscripts. . \ Sec. 85. The state superintendent of schools shall provide for the preparation of questions for said examinations and for their trans- mission in securely sealed packages, to the county superintendent of each county. The county superintendent shall break the seal and open the package of questions in the presence of his assistants and as- sembled applicants, and shall conduct sucli examinations in the man- ner prescribed by the state superintendent. At the conclusion of the examination, the county superintendent shall forward .to the state superintendent, all manuscripts submitted, in securely sealed packages, according to instructions to be furnished by the state superintendent, together with such information, statements or affidavits as the state SCHOOL LAW OF WEST VIRGINIA. 49 superintendent may require. But no person who is known to be of immoral character, or to be addicted to drunkenness, or who shall not have attained the age of eighteen years on or before the first day of September of the year in which said examination is held shall be ad- mitted to said examination. Grading of Manuscripts. Sec. 86. Within a reasonable time after the receipt of the aforesaid manuscripts it shall be the duty of the state superintendent to have them examined and graded by competent persons actively engaged in school work, and to issue certificates based thereon ; provided, that not more than one certificate of the same kind and grade shall be issued to an applicant in any school year, but the state superintendent shall forward to each applicant taking more than one examination in the same year a statement of the grades made by him in each examination taken, and in making up his certificate the applicant shall be given the benefit of his highest grades in each subject; and such certificates when so issued shall be forwarded by the state superintendent to the proper county superintendent who shall countersign them and de- liver them to the persons entitled thereto; provided, that no certifi- cate shall be issued to an applicant until the state superintendent is satisfied as to the identity of the applicant. The state superintendent and each county superintendent shall each keep a record of all certificates issued showing the kind and grade of each certificate and the date of issue thereof, and the state superin- tendent and each county superintendent, upon vacating their offices shall turn over said records to their respective successors. Elementary Certificate. Sec. 87. Elementary certificates shall be issued to all applicants who pass a satisfactory examination in orthography, reading, penman- ship, arithmetic, English grammar and language, physiology and 1 hygiene, United States and West Virginia history, general and West Virginia geography, civil government, theory and art of teaching,. and agriculture. Such certificates shall show the grade or proficiency of the applicant in each subject in which he is examined, and shall 1 be classified according to the following scale : First grade certificates valid for a period of five years shall be issued to all applicants who attain a general average of ninety per cent. on. 50 SCHOOL LAW or WEST VIRGINIA. a scale of one hundred, with no subject below seventy-five per cent; second grade certificates valid for a period of three years shall be issued to all applicants who attain a general average of eighty per cent, with no subject below sixty-eight per cent; third grade certifi- cates valid for one year shall be issued to all applicants who maintain a general average of seventy per cent, with no subject below sixty per cent; provided, that the third grade certificate shall not be issued for more than two years in succession to the same person. First grade elementary certificates shall be valid in all the schools of the state; second grade, and third grade elementary certificates shall be valid in all the grades of the elementary schools; provided, that no person shall be employed as principal of any school who does not hold a first grade certificate or its equivalent. Any first grade elementary certificate shall be renewable upon the recommendation of the county superintendent as follows: At the expiration of the first five years it may be renewed for a pe- riod of five years; provided, that the holder thereof has taught suc- cessfully or has been actively engaged in public school work not less than three years during the life of such certificate. At the end of the second or third five-year period it shall be renewa- ble on condition that the holder has taught or has been actively en- gaged in public school work for three years during the five years pre- vious, and that he pass a satisfactory examination on two of the books of the state reading circle course to be designated by the state super- intendent of schools, or has done satisfactory work for a period of six weeks in a recognized state normal school or in some other school of equal rank and standing or has done other work of equal value. The state superintendent of schools shall determine what schools shall be recognized and the nature of the work which shall be accepted in carrying out the provisions of this section. At the termination of the third renewal period the holder of such certificate shall be eligible to receive a first grade elementary certifi- cate valid for life, if he has taught or been otherwise actively engaged in public school work for not less than three years of the last five and has maintained an active interest in school work; provided, that in all cases of renewal of elementary certificates one full year's work in a standard college or normal school or other school approved by the state board of education, done during the life of the certificate or within the year immediately following its expiration, shall be con- sidered the equivalent of one year's teaching on said certificate. SCHOOL LAW OF WEST VIRGINIA. 51 Short Course Certificate. Sec. 88. The state superintendent of schools shall have authority, upon application in due form, to issue the short course teacher's cer- tificate, valid for a period of three years, to those who have completed the short course in the state normal school and its branches, the short course in the West Virginia Collegiate institute, the normal train- ing course in high schools that have been approved by the state board of education, and to those who have completed in other schools in the state a course of study that is in the judgment of the state board of education equivalent in all respects to the short course offered in the state normal school and its branches. Such short course certificates shall be valid in all the grades of the elementary schools of the state, and in the payment of salaries shall be considered as first grade certificates. Any short course certificate shall be renewable for one period of three years ; provided^ that the holder thereof has taught for two years thereon or has done two years' credit work in an approved high school or standard normal school or other school approved by the state board of education, within the life of said certificate. Normal School Certificate. Sec. 89. The state superintendent shall have authority to issue normal school certificates valid for five years to graduates in the di- ploma course of the state normal school and its branches, to graduates in the diploma course of the West Virginia Collegiate institute, and to those who have completed a diploma course of study in any other school of this or other states that, in the judgment of the state board of education, is equivalent in all respects to the diploma course of study in the state normal school and its branches. Normal school certificates shall be valid in all the grades of the elementary schools of the state and in high schools, and in the payment of salaries and renewal shall be considered as first grade certificates. High School Certificate. Sec. 90. High school certificates valid for a period of five years shall be issued by the state superintendent to applicants who have passed a satisfactory examination upon ten subjects designated by the state board of education. 52 SCHOOL LAW OF WEST VIRGINIA. The state superintendent of schools shall have authority to issue the high school certificate valid for five years, upon application in due form, to graduates of the West Virginia University, and to graduates of other colleges and universities in this and other states whose courses of instruction are, in the judgment of the state board of education, equivalent to the courses offered in the West Virginia University; provided, that the collegiate courses of instruction completed by such graduates have included not less than twenty semester hours in edu- cation; and, provided, further, that every high school certificate issued under the provisions of this act shall show the subject or subjects the holder thereof is especially qualified to teach. High school certificates shall be valid in any high school or elemen- tary school of the state, and in the payment of salaries shall be con- sidered as first grade certificates. Any high school certificate, shall, upon its expiration or within the year immediately following, be renewable for five-year periods thereafter ; provided, that the holder thereof shall have taught success- fully or shall have been otherwise actively engaged in public school work for three years of each five-year period on said certificate; pro- vided, that at the termination of the third renewal period the holder of such certificate shall be eligible to receive a high school certificate valid for life, if he has taught or been otherwise actively engaged in public school work for not less than three years of the last five and lias maintained an active interest in school work. Supervisor's Certificate. Sec. 91. Supervisors' certificates valid for a period of five years shall be issued by the state superintendent to applicants who have taught not less than three years on a first grade certificate or its equi- valent, and who have passed a satisfactory examination upon such sub- jects as may be designated by the state board of education. The state superintendent of schools shall have authority to issue the supervisor's certificate valid for five years, upon application in due form, to graduates of the West Virginia university, to graduates of the state normal school and its branches, and to graduates of other institutions of this and other states, who have completed courses of instruction that are, in the judgment of the state board of education, equivalent in all respects to the courses recognized in the granting of this certificate in the West Virginia university and the state normal school and its branches; provided, that such graduates shall have had SCHOOL LAW or WEST VIRGINIA. 53 not less than three years' experience as teachers, principals or super- visors; and provided, further, that the courses of instruction com- pleted by such graduates shall have included not less than twenty semester hours in professional subjects in education, five semester hours of which shall have been in the subject of school supervision. Any supervisor's certificate shall, upon its expiration or within the year immediately following, be renewable for five-year periods there- after; provided, that the holder thereof shall have been actively en- gaged in public school work for not less than three years of each five- year period, and upon such other conditions as the state board of edu- cation shall prescribe. Supervisor's certificates shall be valid in all the schools of the state and in the payment of salaries shall be considered as first grade cer- tificates. Special Certificates. Sec. 92. The state superintendent of free schools shall have au- thority, upon the recommendation of the state board of education, to issue special certificates to kindergarten teachers, primary teachers, and special teachers and supervisors of music, drawing, physical train- ing, home economics, manual training, agriculture, and special teach- ers and supervisors of such other subjects as the needs of the schools may require. Special certificates may be issued upon examination or upon the satisfactory completion by the applicants therefor of such courses of study as may be approved by the state board of education for the is- suance of such certificates. Any such special certificate shall be valid for a period of five years and shall, upon its expiration or within the year immediately follow- ing, be renewable for five-year periods ; provided, that the holder there- of has taught successfully or has been otherwise engaged in public school work for three years of each five-year period of the life of the certificate, and upon such other conditions as the state board of educa- tion shall prescribe. Special certificates shall be valid throughout the state for the teach- ing of the special subjects designated on such certificates and in the payment of salaries shall be considered as first grade certificates; pro- vided, that in all cases of renewal of high school, supervisors' or spe- cial certificates one full year's work in a standard college or university, done during the life of the certificate or within the year immediately 54 SCHOOL LAW OF WEST VIRGINIA. following its expiration, shall be considered the equivalent of one year's teaching on said certificate. State Life Certificates. Sec. 93. Whenever any person has taught on a certificate of first grade or its equivalent for a period of ten years or has been otherwise actively engaged in school work for a like period while holding such certificate and has shown superior ability or marked progress in his work, the state superintendent of free schools shall have authority upon the recommendation of the state board of education to issue to such person a life certificate which shall be valid in all teaching and supervisory positions in the public schools of this state and shall remain in force throughout the life of the person to whom it has been issued. Emergency Certificates. 94. Upon request of the county superintendent of schools of any county the state superintendent of schools may issue emergency certificates, under such regulations as shall be prescribed by the state board of education, to persons who were unable to take any of the regular examinations for reasons that shall be fully explained under oath to the state superintendent of schools. For such emer- gency certificates a fee of one dollar and fifty cents shall be paid to the county superintendent of schools who shall deposit the same with the auditor to be credited to the general school fund. Such certificates shall not be issued more than once to the same person and shall be valid only in the county designated in the certificate and shall not be valid after June thirtieth following the issuance of the certificate. The grade of such certificates shall be determined by the state superintendent of schools and shall be indicated on the face of the certificate. Misdemeanor. Sec. 95. If any county superintendent or assistant intentionally violate any official instructions issued by the state superintendent for the conduct of examinations, he shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five and not more than two hundred dollars and confined in jail not less than sixty days nor more than one year, and such conviction shall vacate his office. SCHOOL LAW or WEST VIRGINIA. 55 If any person intentionally break or attempt to break the seal of a package containing questions for an examination or have any of the questions in his possession without authority of law or in any way make any change, alterations, erasures or substitutions in the manuscripts during or after the examination or attempt to pass any such examination under an assumed name, give or receive help in an examination, he shall be guilty of a misdemeanor and upon con- viction thereof be fined not to exceed fifty dollars and confined in jail not less than ten days. Revocation of Certificates. Sec. 96. The state superintendent may after ten day's notice and upon proper evidence, revoke the certificate of any teacher for drunkenness, untruthfulness, immorality, or for any physical, men- tal or moral defect which unfits a person for the proper performance of his duties as a teacher, or for any neglect or refusal to perform his duties or for any other cause which would have justified the with-holding thereof when the same was issued. Any county superintendent who knows of any immorality or neglect of duty on the part of any person holding a certificate shall report the same, together with all the facts and evidence, to the state superintendent for such action as in his judgment may be proper. GENERAL AUTHORITY AND DUTIES OF TEACHERS. Teacher's Authority. Sec. 97. The teacher shall stand in the place of the parent and have control of all the children enrolled in his school from the time they arrive at the school grounds until they return to their respective homes, and may exclude from his school any pupil having a con- tagious or infectious disease, and may suspend any pupil guilty of dis- orderly, refractory, indecent or immoral conduct. But the action of the teacher in suspending any pupil shall be subject to review by the trustees. The trustees may expel any pupil on complaint of the teacher or any person interested if on investigation the con- duct of such pupil is found to be detrimental to the progress of the school. 56 SCHOOL LAW OF WEST VIRGINIA. Teachers Exempt from Certain Duties. Sec. 97%. No teacher in this state shall be required to serve on any jury nor to work on the roads while his school is in actual -operation. Register and Reports. Sec. 98. Every teacher shall keep a daily register and make monthly reports to the secretary of the board of education of his district. He shall also keep a term register in which shall be en- tered the date of the commencement and termination of the term of school, the name and age of every pupil who attended the school during the said term, and the daily attendance, distinguishing be- tween male and female, the branches taught and the number of .pupils engaged each month in the study of each branch and such other particulars as are required by the forms and regulations pre- scribed by the state superintendent of free schools. Payment of Teachers. Sec. 99. All teachers shall be paid monthly by orders drawn on the school treasurer duly signed by the president and secretary and countersigned by the county financial secretary, payable out of the teacher's fund. But if the secretary be a teacher the order for his salary shall be signed by the president and one other member thereof. Term Register and Report of Enumeration. Sec. 100. At the close of the term the teacher shall return the term report to the secretary of the board of education who shall examine it and if found correct file it in his office and if the enum- eration has been properly taken and reported as required in sections one hundred and one and one hundred and two he shall issue and -deliver to such teacher an order for the balance due on his salary payable as hereinbefore provided. But unless such register be properly kept and returned the teacher shall not be entitled to the payment of the balance of his salary. Enumeration. Sec. 101. The teacher or teachers in each sub-district or in- SCHOOL LAW OF WEST VIRGINIA. 57 dependent district shall annually before the close of the school or schools, and not later than the first day of April, take and report an .enumeration of all the youth residing in such sub-district or inde- pendent district, who will be of school age on the first day of July following, distinguishing between males and females, white and colored. Classes. Sec. 102. The enumeration shall be taken and reported in sepa- rate classes as follows: all youth between six and sixteen years of ,age; all youth between six and twenty-one years of age, and all youth between eight and fifteen years of age, and, in districts where kindergartens have been established by the board of education, all children between four and six years of age. The report of enumera- tion shall be verified by the affidavit of the person who made it to the effect that he used all means in his power to make it; and .that he believes it to be correct. He shall deliver such report to the secretary of the board of education with the term report of such .school, or not later than the first day of April, and, unless such enu- meration be properly taken and reported by the teacher within the time required herein, the secretary shall deduct from the last month's salary of such teacher such amount as may be necessary to defray the expenses of taking said enumeration as hereinafter pro- Tided for. Secretary to Have Enumeration Taken. i / Sec. 103. When such enumeration for any district or sub-dis- trict is not received by the secretary on or before the first day of April, it shall be his duty, without delay, to employ a competent person to take and report the same as aforesaid. The person taking and reporting such enumeration shall be paid a reasonable compensa- tion by the board of education not to exceed two dollars per day, for the time necessarily consumed, by an order on the sheriff, out of the building fund of the district. Record of Enumeration. Sec. 104. The secretary of the board of education shall keep a .record in his office of the enumeration of youth so taken, and shall 58 SCHOOL LAW or WEST VIRGINIA. annually on or before the fifteenth day of April, transmit a sum- mary of such enumeration to the county superintendent of his coun- ty, who, not later than the first day of May, shall forward to the siate superintendent of free schools a summary by districts of the enumeration so taken and reported. INSTITUTES. Time. Sec. 105. As a means of improving the teachers and fitting them for more effective service in the free schools of the state, teachers* county institutes shall be held annually throughout the state, one or more in each county at such places as a majority of the teachers of such county may designate by petition to the county superintendent, or by vote at the preceding teachers' institute, and at such time between the third week in July and the last week in October, as the state superintendent shall, with the advice of the county superintend- ent direct, and shall continue each for one week of five days. Attendance. Sec. 106. Every person employed as a teacher in the free schools of the state shall be required to attend a county institute for at least five days in the year in which he teaches unless excused therefrom for a good and sufficient reason by the county superintend- ent of the county in which he proposes to teach. For such attendance he shall receive pay at the rate of one dollar and fifty cents per day for not exceeding five days in any one year, such compensation to be paid out of the building fund of the district at the end of his term of school. It shall be the duty of the county superintendent to see that teachers who do not so attend institute are not allowed to teach during any year in which such failure occurs. Instructors. Sec. 107. The institute shall be conducted by experienced and skillful instructors appointed by the state superintendent of free schools, but it shall be a part of the duty of the county superintend- ent, under the instructions of the state superintendent to make all arrangements for the institutes and to assist in conducting them. SCHOOL LAW or WEST VIRGINIA. 59 Pay of Instructors. Sec. 108. The instructors appointed by the state superintendent shall each be paid for his services and expenses out of the general school fund on the order of the state superintendent, but in no case shall the amount so paid exceed one hundred dollars for any one institute. Enrollment Fee. Sec. 109. Every teacher enrolled in a county institute shall pay an institute fee of one dollar, seventy-five cents of which shall be remitted by the county superintendent to the auditor of the state to be paid into the state treasury to the credit of the general school fund, and the remainder may be used for incidental expenses and for the betterment of the institute, under the direction of the county superintendent, and an account of said expenses shall be read to and approved by the institute before the adjournment thereof, and any amount not expended shall be disposed of as the institute may direct. Fees Expended. Sec. 110. The county superintendent shall, at the close of the institute, forward to the state superintendent a certified list of all persons enrolled at the county institute, giving the exact time each was in attendance, and a certified statement of the receipts and expenditures together with the receipts for all money expended. District Institutes. Sec. 111. As a further means of improvement among teachers the county superintendent shall arrange for and conduct district institutes, or teachers' round tables, one or more in each district of his county within the school year, and any teacher who shall attend his district institute for one school day shall have credit therefor, when reported by the county superintendent, in the month in which said institute is held, as if actually taught by him. Reading Circle. Sec. 112. Teachers shall be encouraged to form reading circles 60 SCHOOL LAW OF WEST VIRGINIA. for the purpose of pursuing courses of study in the history of educa- tion, school management, methods of teaching, educational psychology and kindred subjects, and it shall be the duty of the state superintend- ent to prescribe a graded course of study covering a period of two years, in the said subjects, to provide for examining those who com- plete the said course and to issue certificates of proficiency to such persons as pass satisfactory examination thereon. COUNTY SUPERINTENDENT. Election. Sec. 113. A county superintendent of free schools shall be elected in each county by the voters thereof, at the general election held on the Tuesday after the first Monday in November, nineteen hundred and ten, who shall be a resident of the county in which he is elected and whose term of office shall commence on the first day of July next after his election, and continue for four years and until his successor is elected and qualified according to law. The county superintendent of free schools shall immediately upon receiving the certificate of election from the canvassing board, or the county court, forward a written notice thereof to the state superintendent of free schools. Tie in Vote. Sec. 114. In case of a tie in the vote for a county superintendent of free schools, the presidents of the various district boards of educa- tion shall at a meeting called for that purpose, at the court house of the county, by the county superintendent of free schools, not less than six nor more than twelve days after the result of such election is ascertained, appoint one of the persons receiving the highest number of votes for said office at the said election as county superintendent of free schools who shall give notice as aforesaid to the state superin- tendent of his appointment. A notice of such meeting shall be made out by the county superintendent and served upon the president of each district board of education at least three days before the day of such meeting in the manner provided by law for the service of other process. Oath Bond. Sec. 115. The county superintendent shall within sixty days after SCHOOL LAW or WEST VIRGINIA. 61 his election qualify before the county court of his county or the clerk thereof in vacation, by taking the oath of office and executing a bond with approved security in the penalty of one thousand dollars condi- tioned for the faithful performance of the duties of his office and for accounting for and paying over all money coming into his hands as such superintendent. And the said clerk shall, within five days after said qualification, certify to the state superintendent of free schools the name and address of said county superintendent and the fact of his executing such bond. Vacancy. Sec. 116. A vacancy in the office of county superintendent shall be filled until the next general election by the presidents of the various district boards of education at a meeting to be called for that purpose by the clerk of the county court at the court house of the county, within thirty days after the vacancy occurs. Qualifications. Sec. 117. The county superintendent of free schools shall be a person of successful experience in teaching or supervising schools; he shall hold a first grade certificate or its equivalent; provided, how- ever, that nothing herein contained shall affect the eligibility of the present county superintendents or county superintendents-elect. Salary. Sec. 118. The county superintendent shall receive for his services an annual compensation as follows: In counties having not more than fifty schools, seven hundred dollars; in counties having more than fifty schools and not more than seventy-five schools, seven hundred and seventy-five dollars; in counties having more than seventy-five schools and not more than one hundred schools, eight hundred and fifty dollars, and in counties having more than one hundred and not more than one hundred and twenty-five schools, nine hundred and twenty-five dollars, and in counties having more than one hundred and twenty-five schools he shall be allowed two dollars for each additional school more than one hundred and twenty-five. In addition thereto the county superintendent shall be allowed the same compensation for conducting examinations as is allowed his assistants; provided, that the salary in no case shall exceed fifteen 62 SCHOOL LAW OF WEST VIRGINIA. hundred dollars ; the county superintendent shall not teach in any school, public or private, while the schools of his county are in session and should any county superintendent engage in teaching public or private school he shall immediately thereupon forfeit his office and cease to be entitled to any further remuneration. Deductions. Sec. 119. The county superintendent shall report on oath to the state superintendent the number of schools he has visited during the year, in compliance with section one hundred and twenty-one of this chapter, and the state superintendent in paying the said county super- intendent shall deduct two dollars from the salary of the county superintendent for each and every school in his county which the county superintendent did not visit up to one hundred and twenty- five schools, as provided in section one hundred and eighteen of this chapter. Payment Report. Sec. 120. Such compensation shall be paid quarterly upon orders drawn by the county superintendent on the state superintendent of free schools who shall upon receiving the same issue a requisition upon the auditor therefor, payable to the said county superintendent, or to such person as he may direct. But the payment of the fourth quarter shall not be made until the county superintendent has made the report to the state superintendent of free schools as required by section one hundred and twenty-three of this chapter and for every day after the first day of September before the receipt of the reports the state superintendent shall deduct three dollars from the salary of the county superintendent unless said reports are delayed by failure to receive sheriff's settlements or reports from secretaries of boards of education. The salary of the county superintendent shall be paid out of the general school fund, and the amount thereof shall be deducted by the auditor from the amount next to be distributed to each county. Visit Schools. Sec. 121. The county superintendent shall visit each school within his county, not included in an independent district, at least once in each school year, at such time as he may deem necessary and proper, SCHOOL LAW OF WEST VIRGINIA. 63 and acquaint himself with the character and condition of each school, noting any deficiencies in the government of the school, the classifica- tion of the pupils, and the methods of instruction, and shall make such suggestions to the teacher, either orally or in writing, in private, as may seem necessary or advisable for the good of the school, and the progress of the pupils, and for carrying out the prescribed courses of study. Examine Buildings. Sec. 122. He shall examine the buildings and equipment, noting the character and condition thereof, and shall make such suggestions, relative thereto, to the trustees and the board of education, as may seem advisable. He shall report to the proper board of education all cases of incompetency or neglect of duty, and to the state superinten- dent of schools all cases of incompetency, profanity, cruelty or im- morality on the part of teachers, and all failures to carry out the prescribed courses of study. Reports. Sec. 123. The county superintendent shall receive and revise the reports made to him by the secretaries of the various boards of educa- tion, and see that they are in proper form, and according to law; and when deficiencies or errors are found to exist he may return them for correction. From these reports and such other authentic informa- tion as he may obtain he shall make a report to the state superinten- dent of free schools on or before the first day of August annually or as soon thereafter as possible, setting forth in reference to each district of his county for the year ending on the preceding thirtieth day of June, the several particulars required in the blanks furnished by the state superintendent. STATE SUPERINTENDENT. Election Qualifications. Sec. 124. There shall be elected a state superintendent of free schools for the state, whose term of office shall be the same as that of the governor. He shall be a person of good moral character, of temperate habits, of literary acquirements and skill and experience in the art of teaching. He shall receive annually the sum of three 64: SCHOOL LAW or WEST VIRGINIA. thousand dollars in payment for his services to be paid monthly out of the general school fund upon the warrant of the auditor. If in the performance of any duty imposed upon him by the legislature, he shall incur any expense, he shall be reimbursed therefor: provided, the amount does not exceed five hundred dollars in any one year. NOTE: The salary of the state superintendent is fixed at four thousand dollars and made payable out of the state fund by Acts of 1913. Residence and Seal. Sec. 125. The state superintendent shall reside and keep his office at the seat of government. He shall provide a seal for his office and copies of his acts and decisions, and of papers kept in his office, authenticated by his signature and official seal shall be evidence equally with the original. He shall sign all requisitions on the auditor for payment of money out of the state treasury for school purposes, except as hereinafter provided. Duties. Sec. 126. The state superintendent shall be charged with the supervision of all county and city superintendents of free schools of the state, and shall see that the school system is carried into effect. He shall prescribe and cause to be prepared all forms and blanks necessary in the detail of the system so as to secure its uniform opera- tion throughout the state, and shall cause the same to be forwarded to the several county superintendents, to be distributed to the persons entitled to them. He shall cause as many copies of this chapter and such forms, regulations and instructions to be published from time to time as he may deem necessary, and shall cause the same to be forwarded to the county superintendents, to be distributed to the persons entitled to receive them. Report. Sec. 127. The state superintendent shall on or before the first day of January preceding the session of the legislature, make a report to the governor, to be by him transmitted to the next regular session of the legislature, in regard to the condition of free schools within the state, embracing all statistics compiled from the reports of the county superintendents and such other authentic information as he can procure, which will be necessary to give the proper exhibit of the SCHOOL LAW OF WEST VIRGINIA. 65 working of the system together with such plans as he may have matured for the better and more perfect organization and efficiency of the free schools, and all such other matters as he may deem it expedient to communicate. Interpretation of Law. Sec. 128. At the request in writing of any teacher, school officer or county officer the state superintendent shall give his interpretation of the meaning of any part of the school law and such interpretation shall have the force and effect of law until overruled by a circuit court or the supreme court. Books for School Libraries. Sec. 129. It shall be the duty of the state superintendent to pre- pare and publish a list of books suitable for school libraries with the order in which they should be provided and to recommend the proper editions thereof. STATE BOARD OF EDUCATION. Appointment Term of Office Meetings. Sec. 130. There is hereby created a state board of education composed of the state superintendent of free schools, and five other persons engaged in educational work, appointed by him, no two of them from the same congressional district and not more than three from the same political party. The said board shall be appointed on or before the first day of June, one thousand nine hundred and eight, one member for one year, one for two years, one for three years, one for four years, and one for five years, and thereafter one each year who shall serve for a period of five years. The said board shall as soon as possible after their term begins, meet at the call of the chairman and at such times thereafter as four members may determine. (ourses of Study. Sec. 131. The state board of education shall perform the duties heretofore performed by the state board of examiners as herein pro- vided, and in addition thereto they shall constitute a committee on courses of study and as such 'committee shall prescribe a course of 66 SCHOOL LAW OF WEST VIRGINIA. study for the public schools of the state, including the elementary schools and high schools, and define the relations that each shall bear to the other. They shall also prescribe and publish the subjects in which applicants shall be. examined for the kindergarten, primary, high school, supervisors' certificates, and for all special certificates as hereinbefore provided. At . the request of the state superintendent they may assist in the preparation of questions and the grading of manuscripts for the several examinations provided for by law. Renevwl of Certificates. Sec. 132. All state certificates or other certificates of the rank and value of first grade, issued or authorized to be issued by the state board of education prior to this date shall continue in full force and effect, and shall be deemed valid to the extent of time for which they were issued, and upon their expiration may be renewed or converted into other certificates upon such conditions as the state board of education may prescribe. Compensation. Sec. 133. The members of the state board of education, except the state superintendent, shall each receive a compensation of five dollars per day and his necessary expenses, payable out of the general school fund on the order of the state superintendent of schools, for the per- formance of their duties as members of such board, but no member -shall receive per diem for more than twenty-five days in any year. Report. Sec. 134. Said board shall keep a record of its proceedings, show- ing the number of applicants for certificates, the details of all trans- actions of the board together with such statistics as the state superin- tendent may require, and shall report the same to the state superin- tendent annually on or before the thirtieth day of September. NOTE: Sections 135 and 136 are re-enacted as sections 133 and 134, respectively, by Acts of 1915. SCHOOL LAW OF WEST VIKGINIA. 67 SHEKIFFS. Collection and Disbursement of School Money Bond. Sec. 137. The sheriff of the county shall receive, collect and dis- burse all school money for the county and the several districts and independent districts therein. But before receiving or collecting any such school money he shall give in addition to his bond as collector of the state and county taxes, a bond with approved security in a penalty double the amount of school money which will probably come into his hands for school purposes during any one year of his term of office. Pay Orders. Sec. 1 138. He shall keep accounts with the boards of education of the various districts and independent districts of the money belonging to the teachers 5 fund, the building fund, or such other fund as there may be, and shall credit every receipt and charge every disbursement to the fund to which it belongs. He shall pay out no money except upon orders of the respective boards specifying the amount to be paid, the purpose for which paid and the fund to which it is to be charged, signed by the president and secretary and countersigned by the county financial secretary; or by the president and one other member, as prescribed in section ninety-nine, and countersigned by the county financial secretary. Annual Settlement with County Financial Secretary. Sec. 139. He shall on or immediately before the first day of July in each year, settle with the county financial secretary. In this settle- ment he shall be charged with the amount of taxes and of general school fund apportioned to the district or independent district by the county superintendent and the amount of taxes levied by the board of education upon the property of the district or independent district for the teachers 5 fund, for the building fund and all other school funds, and for any other money received by him during the current year on account of the free schools of such district or independent district ; and he shall be credited with the amount of delinquent school tax in such district or independent district that has been duly certified by the clerk of the county court to such board of education. 68 SCHOOL LAW or WEST VIEGINIA. Payments in Excess. Sec. 140. He shall be credited in such settlements with all orders paid and produced by him, if found to be correct by the county finan- cial secretary, and he shall receive no other credits except his com- mission as hereinafter provided. If any sheriff shall pay out in any one year more money on account of the teachers' fund, the building fund, or any other school fund, than shall have been levied and could have been collected by him during said year, together with the amount remaining in his hands from any preceding year, he shall in such settlement receive no credits for such excess. Method of Settlement. Sec. 141. In making said settlement it shall be the duty of the sheriff to prepare and present to the county financial secretary, in duplicate, separate lists of all the credits claimed by him against each of the several school funds collected by him, showing the amount, date and number of each voucher or order, and to whom payable, together with the statement of the proper debits to the several funds with which he is chargeable; which lists and statements together with the vouchers claimed as credits by the sheriff shall be examined by the county financial secretary and if found correct the said vouchers or orders, bonds and interest coupons credited to said sheriff shall be indorsed by the county financial secretary on the back of each with the words, "Settled by county financial secretary, 191 " and shall be cancelled with the perforation; and said statements and lists as cor- rected shall be signed by said sheriff and by the county financial sec- retary, in duplicate, one copy to be retained by the county financial secretary, and the other, together with the vouchers, or orders, and cancelled bonds and interest coupons shall be turned over to the sheriff who shall thereupon deliver them to the clerk of the county court, and the same shall serve as a basis of the settlement required by section seven of article twelve of the constitution, and section one hundred and forty-two of this chapter. Settlement with County Court. Sec. 142. The sheriff shall also make annual settlements by dis- tricts with the county court of his county not later than the tenth day of July in each year, showing an itemized statement of all money received or disbursed for the preceding year on account of all school funds in his hands, showing the amount, date and number of each SCHOOL LAW OF WEST VIRGINIA. 69 credit voucher and to whom payable, and the balance due each district and independent district on each of said funds; which settlement shall be made a matter of record by the clerk of said court in a book kept for that purpose; and the clerk shall file a copy of the settle- ment, as approved, with the secretary or other person keeping the financial accounts of each board of education. Corrections in Settlements. Sec. 143. But the settlements made by the sheriff with the county financial secretary, as provided in section one hundred and thirty- nine, when found correct and properly signed and turned over to the clerk of said court, as required by section one hundred and forty- one, may be taken and treated as the settlements required to be made and recorded by section one hundred and forty-two; provided, how- ever, that the prosecuting attorney or any taxpayer of the county may appear before said court for the purpose of making corrections in said report, and said court may hear said objections, after reason- -able notice to the sheriff and county financial secretary, and make such corrections as may be proper, and when corrected said settle- ments shall be recorded; and said settlements and vouchers turned over to the clerk of said court shall be filed by said clerk by districts. Commissions. Sec. 144. The sheriff shall receive such commissions as are now or may hereafter be provided for by law. Failure to Account for Money or Pay Orders. Sec. 145. If he shall fail to account for and pay over as required by law any money which may come into his hands or for which he is liable, judgment may be rendered therefor against him and his sureties with interest and ten per cent, damages; and upon the failure of such sheriff to pay any proper order issued by the said board of education the person entitled to receive the sum of money specified in such order may require the sheriff to endorse thereon or write across the face thereof the words "presented for payment" with the proper date and sign the same, and judgment upon motion .after at least ten days' notice, may be obtained* against the sheriff before any justice of his county or before the circuit court thereof, with interest from the time said order was presented and ten per 70 SCHOOL LAW OF WEST VIKGINIA. cent, damages. But a sheriff shall not be required to endorse any school order nor shall suit be brought on any such school order prior to the first day of November of the current school } r ear. Failure to Settle. Sec. 146. If any sheriff fails to make the settlement required by section one hundred and forty-two at the time required, without rea- sonable cause therefor, he shall be charged in said settlement with twelve per cent, interest on all school money in his hands for the time he is in default in making the said settlement. Action Against. Sec. 147. If the sheriff fails to make the said settlement at the time required it shall be the duty of the prosecuting attorney to proceed by action against him and his sureties in the circuit court to recover the fine and penalty imposed upon him by sections one hundred and forty- two and one hundred and forty-six. Failure of County Financial Secretary to Settle. Sec. 148. If any county financial secretary fails to make the settle- ment required by section one hundred and thirty-nine of this chapter, with the sheriff, when requested by him to do so, he shall be guilty of a misdemeanor and upon conviction thereof be fined twenty dollars, the proceeds of which fine shall be placed to the credit of the building fund of the district. Turn Over Balance. Sec. 149. And the retiring sheriff shall immediately after lie shall have made his final settlement in the manner herein provided, pay and turn over to his successor in office such balance as may be shown to be due from him by said settlement. County Superintendent Financial Secretary. Sec. 149-a The county superintendent of free schools in each county shall be ex-officio county financial secretary, and as such officer he shall have the power and authority and perform the duties herein set forth. SCHOOL LAW OF WEST VIRGINIA. 71 Duties of Financial Secretary. Sec. 149-b. The county financial secretary shall keep the financial records for all the schools within his county, said records to be kept in the form prescribed by the chief inspector under chapter thirty-three, acts of one thousand nine hundred and eight. He shall countersign all legal orders issued by the several boards of education within his county before said orders are payable by the sheriff or school treasurer, and shall make annual settlements with the sheriff or school treasurer for the several school funds, as provided by law; he shall at the end of each month deliver to each board of education a summarized state- ment showing the financial condition of their several school funds, said statement to be in the form prescribed by the chief inspector under chapter thirty-three, acts of one thousand nine hundred and eight. Office and Office Supplies Compensation. Sec. 149-c. The county court of every county shall provide at the county seat a suitable office, to be located in the courthouse if there be sufficient room, for the county financial secretary, and shall keep the same supplied with the necessary furniture, fuel, light, record books, stationery, postage and such other things as shall be necessary. The county financial secretary shall receive for his services required by this act an annual compensation of seventy-five dollars, except that in counties having more than one hundred teachers employed for at least six months during the year, the annual compensation shall be at the rate of seventy-five cents for each teacher so employed, said compensa- tion to be based on the number of teachers employed during the preceding year, and to be paid quarterly on orders issued by the county court drawn on the general county fund. Sheriff to Report Condition of Funds. Sec. 149-d. After July first, one thousand nine hundred and thir- teen, no sheriff or school treasurer shall pay any order which was drawn on a school fund prior to July first, one thousand nine hundred and thirteen, until after said order has been countersigned by the county financial secretary. At the end of each month the sheriff or school treasurer shall make a report to the county financial secretary showing the date, number and amount of each school bond and interest coupon paid during the month. ?2 SCHOOL LAW OF WEST VIRGINIA. This act shall be in effect on and after July first, one thousand nine hundred and thirteen. Mandamus. Sec. 150. If any order of the board of education upon the sheriff of the county or judgment or decree for a sum of money against the said board be presented to such sheriff without obtaining payment, pay- ment thereof may be enforced by the circuit court by mandamus or an order for specific levy on the property taxable in the district. THE SCHOOL FUND. Report of School Fund by Auditor. Sec. 151. The auditor shall annually before the first day of Sep- tember, deliver to the governor and the state superintendent of free schools each a report made up to the first day of July next preceding, of the condition of "the school fund," with an abstract of the accounts thereof in his office, which report the governor shall lay before the legislature at its regular session. The School Fund Board of. Sec. 152. All such sums as have accrued to this state from the sev- eral sources enumerated in the fourth section of the twelfth article of the constitution, not in excess of one million dollars, shall be set apart as a separate fund to be called "the school fund" and the gov- ernor, state superintendent of free schools, auditor and treasurer shall be a corporation under the name of "The board of the school fund," and shall have the management, control and investment of said fund, as provided by the fourth section of the twelfth article of the consti- tution. The governor shall be president of the board, and in his ab- sence the board shall choose one of their number to preside temporarily in his place. The auditor shall be the secretary of the board and all meetings of the board shall be held in his office. A record shall be kept of all the proceedings and be signed by the president and secretary, and a copy thereof, certified by the secretary of the board shall be evidence in all cases in which the original would be. A majority of the board shall constitute a quorum for the transaction. of business. SCHOOL LAW OF WEST VIRGINIA. 73 Meeting of Board. Sec. 153. A meeting of the board of the school fund may be held at any time upon the call of any member thereof: provided, notice be given to all members who may be at the seat of government. Collection. Sec. 154. All the money due and payable into the treasury to the credit of "the school fund" shall be recovered with interest by action or motion in the name of said board, before any court having jurisdic- tion, and the attorney general shall institute and prosecute such action or motion when so directed by the board. Agents to Collect. Sec. 155. The board may appoint agents for the collection of debts or claims, and authorize them to secure payment thereof, and to pro- tect the interest of the school fund, on such terms as it may approve. They shall take bond from said agents, if any money is to come into their hands ; and any agent selling lands, when directed to do so by the board, shall execute a deed with the resolution giving such directions thereto annexed, conveying to the purchaser by special warranty. Said agent may be allowed by the board a compensation not exceeding in any case five per cent on the money paid into the treasury. STATE SCHOOL BOOK COMMISSION. Appointment Qualifications Term of Office Compensation. Sec. 155 a. I. There is hereby created a state school book commis- sion, which shall consist of the state superintendent of free schools, who shall be ex-officio secretary, and eight citizens of the state at least five of whom shall be experienced educators of known character and ability, and who are at the time of their appointment engaged in actual educational work, not more than five of whom shall belong to the same political party, who shall be appointed by the governor on or before the first day of April, one thousand nine hundred and twelve, and every fifth year thereafter; said appointees shall take office thirty days after their appointment and serve for five years, unless removed by the governor for good and sufficient cause. "Vacancies on said commission shall be filled by the governor by 74 SCHOOL LAW OF WEST VIRGINIA. appointment. Said appointees shall receive five dollars per day for each and every day actually engaged in the work of the commission, not exceeding ten days in any one year, and their actual necessary expenses in connection therewith. Before assuming the duties of office they shall each take an oath or affirmation before some one qualified by law to administer the same, to faithfully and hon- estly perform their duties as hereinafter prescribed to the best of their ability, and that they are in no way interested in the preparation, manufacture or sale of any text-books that may be submitted to said commission for consideration. Such oath or affirmation shall be filed in the office of the state superintendent of free schools. Contracts. Sec. 155 a II. It shall be the duty of the state superintendent of free schools during the month of April, one thousand nine hundred and eleven, to contract for the period of one year from July first following, with the publishers thereof, for such text-books as are now in use, and for which county contracts will expire June thirtieth,. one thousand nine hundred and eleven, said contracts to be made upon the same terms and conditions as are contained in the existing county contracts. Meetings Bids Deposits. Sec. 155 a. III. The members of the state school book commission shall meet at the office of the state superintendent of free schools on the first Tuesday in May, one thousand nine hundred and twelve.. and each fifth year thereafter, at which time they shall ask various publishers of text-books in the United -States to submit samples and prices of text-books on all subjects required to be taught in the free schools of the state, viz: spelling, reading, writing, arithmetic, language and grammar, physiology and hygiene,. civil government, state history, United States history, general history, book-keeping, geography, elementary algebra, plane geom- etry, elements of agriculture, literature, drawing and English diction- aries and such other subjects which from time to time in the judgment of the board seems necessary and best to serve the educational interests- of the state. The said commission shall select one of its members as chairman, and it shall be his duty to preside at all meetings. All bids or proposals shall be under seal, and submitted to the chairman of said commission to be opened by him in the presence of said commis- SCHOOL LAW OF WEST VIRGINIA. 75 sion at an executive session to be held at the place aforesaid, on the first Tuesday in June following. Each bid or proposal shall be ac- companied by a sufficient number of specimen copies of all books offered for adoption, to supply each member of said commission. When said bids and sample copies are submitted to the chairman of said commission, each bidder shall deposit with the state treasurer such sum of money as said commission shall designate; such deposit to be not less than one thousand dollars nor more than three thousand dollars, according to the number of books each bidder may propose to supply. Such deposit of any bidder shall be forfeited to the school fund of the state, if such bidder shall fail or refuse to make and ex- ecute such contract and bond as are hereinafter required, in case of the acceptance of such bid on any or all of the books so offered. No bid or proposal is to be considered by said commission until such deposit is made, and until the commission is informed in writing of the name and address of an agent residing in this state upon whom process may be served in any action brought against such bidder. Selection of Books Contracts. Sec. 155 a. IV. Upon the opening of said bids on the first Tuesday in June the said commission, having adopted rules governing its order of procedure, shall immediately proceed to the consideration of the merits of the books offered, taking into consideration their subject matter, printing, binding and their general suitableness for the pur- pose intended, as well as the price of said books. Said commission shall select and adopt one book, or one series of books, and only one, on each subject mentioned in section three of this act, for uniform and exclusive use in the free schools of this state, except as hereinafter provided, taking only those which in their best judgment will come the nearest accomplishing the ends desired ; provided that no book inferior in quality, or of a partisan or sectarian nature shall be adopted, nor shall any book be adopted by less than five affirmative votes ; nor shall any book or books be changed at the expiration of any five-year con- tract made by said commission upon fewer than six affirmative votes. When selections and adoptions of books have been properly made, it shall be the duty of the chairman of the state school book commission to execute contracts therefor with the publishers thereof for a period of five years, beginning July first, following. Such contracts shall be prepared by the attorney general in accordance with the terms and provisions of this act, and shall be executed in duplicate, one copy held by the contractors and one by the secretary of said commission. 76 SCHOOL LAW OF WEST VIKGINIA. It shall be the duty of said secretary to keep a full and complete record of the proceedings of the said commission, said record to be kept in his office and be opened to the inspection of any citizen of the state. Should any successful bidder fail to contract, or, if for any cause any book or books adopted cannot be secured, the commission shall pro- ceed at once to the selection and adoption of other books in lieu thereof. Bonds Return of Deposits. Sec. 155 a. V. At the time of the execution of the contract afore- said contractors shall enter into a bond in the sum of not less than ten thousand dollars, payable to the state of West Virginia, conditioned on the faithful and honest performance of their contract; any guar- anty company authorized to do business in the state of West Virginia may become surety of said bond, and it shall be the duty of the at- torney general to prepare and the board of public works to approve said bond. After all contracts have been executed as herein pro- vided, it shall be the duty of the said commission to notify the state treasurer to return all bidders such cash deposits heretofore required as have not been forfeited in accordance with the provisions of this act, receiving therefor receipt in duplicate, one copy of which shall be filed with the state superintendent of free schools. Any deposit for- feited in accordance with the provisions of this act shall be placed to the credit of the school fund. Prices Copies Preserved. Sec. 155 a. VI. It shall be the duty of the state school book commis- sion at the last meeting aforesaid to fix the prices at which the various books adopted shall be sold to patrons, the excess of which above con- tract price representing the profit to the retailer; but in no case shall such profit exceed twenty per cent, of the contract price. The state superintendent of free schools shall notify each county superintendent of the list of books adopted and the prices at which they are to be sold and any person selling such books at a higher price than that fixed by the state school book commission shall be guilty of a misde- meanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than fifty dollars. The books furnished during the contract period shall be equal in all respects to the sample copies furnished the said commission; and it shall be the duty of the state SCHOOL LAW or WEST VIRGINIA. 77 superintendent of free schools to carefully preserve in his office as the standard of quality, sample copies of all books contracted for. Depositories Exchange Unauthorized Book Prohibited Certain Cities Exempt. Sec. 155 a. VII. It shall be the duty of each contractor at his own expense to place with responsible dealers, in no fewer than three magis- terial districts in each county, a sufficient quantity of books to supply the demand. He shall also arrange for the exchange of books at such places, allowing pupils or boards of education not less than fifty per cent of the retail price of new books for the old books of like kind and grade displaced. The exchange privilege shall extend through one entire school year, and the dealer making the exchange shall be allowed by the contractors ten per cent of the cash proceeds of same. Any teacher permitting in his school the use of any unauthorized book shall be deprived of his salary during the period of such viola- tion of this act. Nothing in this act is to be construed as preventing the use of supplementary readers; provided, they do not displace the adopted readers, nor the use of more advanced books in such schools as may be ready for the same. Boards of education in cities and inde- pendent districts containing thirty-five hundred population or more may reserve the right to select their own text books; but should they elect to use any of the books adopted by the state school book commis- sion they shall purchase them upon the same terms as hereinbefore provided, and shall not change them out during the period such books are under contract. Uniform Prices. Sec. 155 a VIII. Should any contractor furnish the same books contracted for in this state, at lower prices to any other state, city or county in the United States than the contract prices in this state, like conditions prevailing, the same reduction shall immediately be made in this state, and the state school book commission is directed to re- quire compliance with this provision on penalty of cancellation of contract with such contractor. List of Titles and Prices. Sec. 155 a. IX. It shall be the duty of any contractor to prepare printed lists, showing the exact titles of his books, the prices at which 78 SCHOOL LAW or WEST VIRGINIA. same are to be sold by the dealers, and the prices of same when cor- responding old books are given in exchange, and send to each county superintendent a sufficient number to supply every teacher in the county. It shall be the duty of each county superintendent to see that the teachers of his county display such printed lists for the in- spection of the pupils. Penalties. Sec. 155 a. X. Complaint in writing to any board of education of any district, by any citizen, or by any contractor to the effect that a teacher of such district is permitting the use of unauthorized books in his school, shall be deemed sufficient cause for investigation by said board of education, and if such complaint is found to be true, the board shall inflict the penalty provided in section seven of this act. Members of boards of education who fail or refuse to perform the duties required of them in this section shall be guilty of a misde- meanor, and upon conviction thereof before any justice of the peace, shall be fined not less than twenty-five dollars, nor more than fifty dollars. State Not Liable. Sec. 155 a. XI. It shall be a part of the terms and conditions of any contract made in pursuance of this act that the state of West Virginia shall not be liable, in any manner, in any sum whatsoever ; but all said contractors shall receive their pay solely from the several dealers in each of the counties of the state provided in section seven of this act. Such contract shall also provide that any pupil, parent or teacher may order books direct from the contractors and receive them pre- paid at the prices fixed by the state school book commission for their sale by dealers in the several counties. Provided, however, that the pay for same shall accompany the order. Expenses of Commission. Sec. 155 a. XII. The sum of one thousand dollars, or so much thereof as may be necessary, for the year one thousand nine hundred and twelve and each fifth year thereafter is hereby appropriated for the purpose of defraying the expense of the state school book com- mission, as hereinbefore provided. The bills for such expenses shall SCHOOL LAW OF WEST VIEGINIA. 79 be approved by said commission and presented in the usual way for payment out of the state treasury. Gifts or Bribes. Sec. 155 a. XIII. Any member of the state school book commission who shall receive, solicit or accept any gift, present or thing of value to influence him in his vote for the adoption of books, or any person who shall either directly or indirectly give or offer to give any such gift, present or thing of value to any member of said state school book commission to influence him in voting .for the adoption of books shall be guilty of a felony, and upon conviction thereof shall be punished by confinement in the penitentiary of this state not less than one year nor more than three years. Repeal. Sec. 155 a. XIY. All acts or parts of acts inconsistent with this act are hereby repealed; but nothing in this act contained shall be con- strued as repealing sections thirty-five and thirty-six of chapter twenty- seven of the acts of the Legislature of West Virginia of the extra session of 1908. MISCELLANEOUS PROVISIONS. No School Teacher or Officer to Act as Agent Penalty. Sec. 156. No school officer or teacher of any free school shall act as agent for any author, publisher, bookseller, or other person to introduce or recommend the use of any book, apparatus, furniture, or other articles whatever, in any free school of this state, or directly or indi- rectly contract for or receive any gifts or reward for so introducing or recommending the same, nor shall any such school officer or teacher be otherwise interested in the sale, proceeds or profits of any book or other things used, or to be used in said schools : provided, that nothing herein shall be construed to apply to any book written, or thing invented by such person. Misdemeanor. Sec. 157. Any person violating the provisions of section one hun- dred and fifty-six shall be guilty of a misdemeanor, and upon convic- 80 SCHOOL LAW or WEST VIKGLNTIA. tion thereof be fined not less than fifty nor more than one hundred dollars. No School Officer to be Interested in Contract. Sec. 158. No county superintendent, member of a board of educa- tion, or trustee of any sub-district, shall directly or indirectly become personally interested in any contract for building or repairing school houses in his district, or be or become directly or indirectly, pecuniarily interested in the proceeds of any contract in the award or letting of which, he may have any voice or control ; any county super- intendent, member of such board, or any trustee, violating this sec- tion, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty and not more than one hundred dol- lars. Penalty Not Otherwise Provided. Sec. 159. If any officer or teacher, fail to perform any duty required of him by this chapter or violate any provision thereof and there is no other fine or punishment imposed therefor, by law, he shall be fined not less than three nor more than ten dollars, for every such offense, to be recovered before a justice of the peace of the county ; and such fine shall not impair or affect his liability for damages to any person injured, nor the liability of himself and his sureties on his official bond. If the board of education of any district or independent school district, fail to perform any duty required, each member of such board shall be liable to the full penalty imposed by this section, unless he show that he was not guilty of any neglect or default in the premises. Special Elections. Sec. 160. Whenever any special election is to be held under the provisions of this chapter, the time, place and manner of holding and conducting the same, and the manner of certifying the result thereof shall be first fixed and determined by the board ordering the same to be held, and shall conform as nearly as practicable under all the circumstances to the law now in force as to general elections. Definitions. Sec. 161. The words used in this chapter and in any proceedings pursuant thereto, shall, unless the context clearly indicates a different SCHOOL LAW OF WEST VIRGINIA. 81 meaning, be construed as follows : (1) "School" shall mean the pupils and teacher or teachers assembled in one room. (2) "Primary school" shall mean a school graded according to the scheme formulated by the common course of study and devoted exclusively to instruction in a part or all of the work prescribed for the primary grades. (3) "Gram- mar" or "Intermediate school" shall mean a school graded according to the scheme formulated by the committee on course of study and devoted exclusively to instruction in a part or all of the work prescribed for the grammar grades. (4) "High school" shall mean a school or schools graded according to the scheme formulated by the committee on course of study and devoted exclusively to instruction in all of the work pre- scribed for the high school grades. (5) "Graded school" shall mean a school of two or more rooms, graded according to the scheme formu- lated by the committee on course of study in which a part of the work is done in one room and more advanced work in the next room, there being a regular gradation in the work frpm one room through all the rooms from the lowest or most elementary to the highest. (6) "Holi- day" shall mean the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in September, the twenty-fifth day of December, a day on which an election is held throughout the state, and a day appointed by the governor of the state for a public fast or thanksgiving. (7) "Apparatus" shall mean maps, charts, globes, arithmetical blocks, rules, pointers, dictionaries and atlases. (8) "District" shall not mean inde- pendent district. Flags Displayed. Sec. 162. The board of education may out of the building fund pur- chase United States flags four by six feet, of regulation bunting, for school houses in their district, and require the same to be displayed over such school hoaises during the time the school is in session. District Superv'ision. Sec. 163. The board of education of any district may, and upon the application in writing of a majority of the taxpayers of the district shall provide for district supervision of all the county, village and town schools in the district and establish rules and regulations necessary thereto. To this end they shall, if so requested, employ a competent teacher, holding a first grade certificate who shall devote his time dur- 82 SCHOOL LAW OF WEST VIIIGIXIA. ing the school term to the thorough, careful nd profitable supervision of such schools and as such district superintendent shall have and exer- cise all the powers, duties, and privileges usually conferred upon city superintendents. But nothing contained herein shall prevent such boards of education from employing and authorizing the principal of any graded school in the district to perform ilie duties of a district superintendent in addition to his duties as such principal: proriilai that he shall devote at least half of the tiim- to such superintendence. The district superintendent shall, receive such salary as the board of education may determine, to be paid out of the teachers' fund of the district as provided in the case of teachers. District superintendents shall make such reports as may be required by the state superintendent of free schools. Board Nay Take Charge. Sec. 164. The board of education may take charge of schools so supervised and appoint the teachers therefor and may provide that all the schools in the district shall begin on the same date. Pext-books. Sec. 165. All the provisions of law now in force and effect for the adoption of text-books shall continue operative until changed by law. THE WEST VIRGINIA UNIVERSITY. Location. Sec. 166. The West Virginia university shall hereafter remair where now located and shall continue to be known as the West Virginia university. Regents. NOTE Sections 167, 168, 169, 170 and 171 relating to the con- trol and management of the University were repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These boards have charge of all State institutions. For complete text of this law see page 94. Departments. Sec. 172. The regents shall establish and maintain in the univer- sity,, in addition to the preparatory department,, such colleges, schools. SCHOOL LAW OF WEST VIRGINIA. 83 departments, divisions, chairs, and courses of study as may be expe- dient and possible, and shall prescribe the conditions for graduation therein and confer the proper degree, and the diploma issued on grad- uation to any student who has taken at least six courses in the depart- ment of eaucatioii in said institution shall be equivalent in all respects to and shall entitle the holder thereof, upon application in due form tc th<- state superintendent, to a first grade certificate in duplicate. That, in order to promote the improvement and advancement of .agriculture, domestic science and rural life among the people of the several counties of the State of West Virginia, there be and is hereby created and established in the college of agriculture, at West Virginia university, an agricultaral extension department to be co-ordinato with the department of instruction and the agricultural experiment station. The work of the agricultural extension department of the college of agriculture shall be conducted under such rules, regulations and meth- ods as may be prescribed by the state board of regents and every expen- diture under this act shall be approved by the state board of control, and said work shall consist of holding extension schools in the various counties of the state, at which instruction shall be given in soil fertility, horticulture, stock-raising, crop production, dairying, domestic science and kindred subjects; of conducting farmers' institutes; of giving demonstrations in orcharding, soil improvement, and crop production; of furnishing speakers and exhibits for special agricultural trains; of giving instruction and demonstrations at agricultural fairs, farmers' institutes, clubs, granges, or other organizations that may be useful in extending agricultural knowledge; of conducting, in co-operation with the United States department of agriculture, boys' and girls' agricul- tural clubs ; of recommending county agricultural agents and supervis- ing and assisting them in advancing the agricultural interests of their respective counties; of giving instruction by mail in agriculture, do- mestic science, and kindred subjects; of publishing bulletins, circulars, and newspaper articles; and of such other methods as may carry the benefits of the work of the colleges of agriculture, the agricultural ex- periment station and the United States department of agriculture to the people of the several counties of the State; and all such itinerant educational work in agriculture and home economics carried on under appropriations by or to this State shall be under the control and super- vision of said agricultural extension department. 84 SCHOOL LAW OF WEST VIRGINIA. Cadets. Sec. 173. Besides prescribing the general terms upon which stu- dents may be admitted to the university, the regents may admit, as regular students therein, not more than six hundred cadets in the mili- tary department. Such cadets shall not be under sixteen years of age nor over twenty-four years of age. Their term of service shall be four years, but any cadet at the expiration of his first term shall be entitled to re-enlist for the further term of two years upon giving notice of his intention to the commandant of cadets at least thirty days before the expiration of such term. Free Tuition. Sec. 174. The cadets admitted under the provisions of the preced- ing section shall be entitled to all the privileges, immunities, educa- tional advantages and benefits of the university, free of charge for ad- mission and tuition ; and each of them may have books and stationery to the value of fifteen dollars in any fiscal year, free of charge. They shall constitute the public guard of the university and the property belonging thereto, and also of the ordnance and ordnance stores and camp and garrison equipage, of which a sufficient supply shall be kept in the arsenal belonging to the institution; and said cadets shall be individually and collectively responsible for the preservation and safe- keeping of all arms and camp equipage belonging to said institution. Endowment. * Sec. 175. The funds derived from the sale of United States land warrants which have been donated to this state for the purpose of endowing an agricultural college shall be invested by the board of the school fund in a loan of public stock of the United States or other- wise, as required by congress, for the use and benefit of the said university. State Treasurer to Receive Grant. *Sec. 176. For the use and purposes of the West Virginia Uni- versity there is hereby set apart the sum of twenty thousand dollars out *See Appendix A for law creating a state board of control and a state board of regents. SCHOOL LAW OF WEST VIKGINIA. 85 of the animal appropriation made by the act of congress,, approved August thirtieth, eighteen hundred and ninety, and the treasurer of this state is hereby designated as the proper officer to receive from the secretary of the treasury of the United States the said sum of money to be paid this state under said act of congress. He shall keep an exact account of the money so received and shall place it to the credit of the West Virginia university to be paid on the order of the board of re- gents. And said treasurer shall include in his biennial report to the governor the statement of his receipts and disbursements under this provision. THE STATE NOBMAL SCHOOLS. Marshall College. Sec. 177. The "West Virginia state normal school," established under and by virtue of an act passed February twenty-seventh, one thousand, eight hundred and sixty-seven, entitled "An act for the es- tablishment of a state normal school," shall be and remain at Marshall College, in the county of Cabell, as provided in said act, and all the provisions of said act, and all other acts in relation thereto, shall be and remain in full force, except so far as the same may be altered by this chapter. Board of Regents. Note. Sections 178, 179 and 180 relating to the control and man- agement of the State Normal School and its Branches were repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These boards have charge of all State institutions. For complete text of this law see page 94. Fairmont Branch. Sec. 181. The branch of the state normal school established at Tairmont, under and in pursuance of the act passed March fourth, one thousand eight hundred and sixty-eight, entitled, "An act providing for the purchase of the West Virginia normal school at Fairmont," shall be and remain at that place, and all provisions of said act shall remain in full force, except so far as the same may be altered by this -chapter. Said school shall be under the jurisdiction and control of the 86 SCHOOL LAW OF WEST VIRGINIA. regents of the state normal school, in the same manner and to the same extent as the state normal school at Marshall college. West Liberty Branch. Sec. 182. The branch of the state normal school established at West Liberty, under and in pursuance of the act passed March first,. one thousand eight hundred and seventy, entitled, "An act to establish a branch normal school at West Liberty, in Ohio county," shall be and remain at that place, and all provisions of said act shall remain in full force, except so far as the same may be altered by this chapter. Said school shall be under the jurisdiction and control of the regents of the state normal school, in the same manner and to the same extent as the state normal school at Marshall college. Glenville Branch. Sec. 183. The branch of the state normal school established at Glenville under and in pursuance of the act passed the nineteenth day of February, one thousand eight hundred and seventy-two, entitled,. "An act to establish a branch normal school at Glenville, Gilmer coun- ty," shall be and remain at that place, and all the provisions of said act shall remain in full force except so far as the same may be altered by this chapter. Said school shall be under the jurisdiction and control of the regents of the state normal school in the same manner and to the same extent as the state normal school at Marshall college. Shepherdstown Branch. Sec. 184. The branch of the state normal school established at Shepherdstown, under and in pursuance of the act passed and ap- proved February fourteenth, one thousand eight hundred and seventy- two, entitled, "An act to establish a branch normal school at Shepherds- town, in the county of Jefferson," shall be and remain at that place and all the provisions of said act shall remain in full, force except so far as the same may be altered by this chapter. Said, school shall be under the jurisdiction and control of the regents of the state normal school, in the same manner and to the same extent as the state normal school at Marshall college. SCHOOL LAW OF WEST VIRGINIA. 87 Athens Branch. Sec. 185. The branch of the state normal school at Athens, in Mercer county, established by the act passed the twenty-eighth day of February, one thousand eight hundred and seventy-two, entitled "An act to locate a branch state normal school at Concord in the county of Mercer," shall be and remain at that place and all the provisions of said act shall remain in full force, except so far as the same may be altered by this chapter. Said school shall be under the jurisdiction and control of the regents of the state normal school in the same manner and to the same extent as the state normal school at Marshall college. Control and Management. Note. Sections 186 and 187 relating to the control and manage- ment of the State Normal School and its Branches were repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These boards have charge of all State institutions. For complete text of this law see page 94. A or nial Training for Colored Teachers. Sec. 188. The state superintendent of free schools shall if possible, in every year, make arrangements with some suitable institution of learning in this state for the education and normal school training of a number of colored teachers in proportion to the colored population of the state which the non-paying white students in the normal schools bear to the white population of the state; but the amount* to be paid for such education and normal school training shall be in the same proportion to the amount expended for the pay of teachers in the normal schools and its branches as the said colored teachers are in proportion to the number of students, in the normal school and branches. And the said amount shall be paid by the state superinten- dent of free schools at the end of each school month as provided in the case of the normal school and branches. MONTGOMERY PREPARATORY BRANCH OF THE WEST YlRdl XI A UNIVERSITY. Location. Sec. 189. The preparatory branch of the state university hereto- fore established at Montgomery, shall remain where now located and $8 SCHOOL LAW OF WEST VIRGINIA. shall be known as the Montgomery preparatory branch of the West Virginia university, by which name it shall have and hold all property, funds, investments, rights, powers and privileges granted by this act, by request, private subscriptions, donation or otherwise. Control and Management. Note. Sections 190, 191, 192, 193, 194 and 195 relating to the control and management of the University Preparatory School located at Montgomery were repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These boards have charge of all State institutions. For complete text of the law see page 94. KEYSEE PREPARATORY BRANCH OF THE WEST VIRGINIA UNIVERSITY. Location. Sec. 196. The preparatory branch of the state university hereto- fore established at Keyser shall remain where now located and shall be known as the Keyser preparatory branch of the West Virginia University, by which name it shall hold all the property, funds, invest- ments, rights, powers granted, and may receive and hold by bequest, private subscriptions, donations or otherwise, money and other property. Control and Management. Note. Sections 197, 198, 198y 2 , 199, 200, 201, 202 and 203 relat- ing to the control and management of the University preparatory School located at Keyser were repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These boards have charge of all State institutions. For full text of the law see page 94. THE WEST VIRGINIA COLLEGIATE INSTITUTE. Act of Congress. Sec. 204. An act accepting the provisions of the act of congress, approved August thirtieth, eighteen hundred and ninety, entitled "An act to apply a portion of the proceeds of the public lands to the more SCHOOL LAW OF WEST VIRGINIA. 89 complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress, approved July second, eighteen hundred and sixty-two," and providing for the apportionment of said endowment according to the provisions of said act. WHEREAS, The congress of the United States of America, by an act approved August thirtieth, eighteen hundred and ninety, entitled, "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved July second, eighteen hundred and sixty- two," made an appropriation to each state and territory of fifteen thousand dollars for the year ending June thirtieth, eighteen hundred and ninety; and an annual increase of said appropriation thereafter for ten years by the additional sum of one thousand dollars over the preceding year, after which time the annual amount so appropriated will be twenty-five thousand dollars for the more complete endowment .and maintenance of the colleges established under the act of congress last aforesaid, "to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural and economic science, with special reference to their application in the industries of life; and to the facilities for such instruction," and WHEREAS, By proviso in said act no state can obtain the benefits thereof where facilities are not provided for the instruction of colored .students in said branches of study, either in the same institution or in separate institutions, and the legislatures of the several states are required to make an equitable division of said annual appropriation where such separate institutions are provided and report the same to the secretary of the interior, and WHEREAS, The constitution of the state of West Virginia forbids the education of white and colored youth in the same state schools; and this state having heretofore made no provision for the separate educa- tion of colored youth in agricultural and mechanic arts; and the enumeration of the white and colored youth of this state of school age, being about two hundred and fifty thousand white and twelve thousand colored, it being the duty of this state to indicate a reasonable propor- tion of said appropriations to be set apart annually for the instruction of the colored youth of the state, the sum of three thousand dollars is hereby indicated as an equitable portion of said appropriations for five years from the date of the passage of this act, and after that time five thousand dollars as long as such appropriation continues; and 90 SCHOOL LAW OF WEST VIRGINIA. WHEREAS, By the terms of the said act of congress of the United State, approved August thirtieth, eighteen hundred and ninety, it is necessary, in order to enable this state to share in the appropriations so made and to be made under the provisions of said last recited act, for the legislature to accept of the provisions of said act for and on behalf of this state, and to make proper and suitable provisions for said act upon which this state will be entitled to her distributable share of said appropriations, and to designate the institutions of learn- ing to become the beneficiaries of said appropriations, and the officer of this state to whom the money shall be paid by the United States for the use of said beneficiaries. Therefore, Be it Enacted by the Legislature of West Virginia: Acceptance of Grant. Sec. 205. The legislature of the state of W^est Virginia hereby accepts for said state, the terms and provisions of the said act of congress of the United States approved August thirtieth, eighteen hundred and ninety, for the objects and purposes mentioned and declared therein, and designates "The West Virginia university/' established in pursuance of the act of congress of the United States passed July two, eighteen hundred and sixty-two, and a sub- sequent act passed by said congress on April nineteen, eighteen hundred and sixty-four, at Morgantown, in the county of Monongalia in this state as a beneficiary of said appropriation for the instruction of white students, and an institution to be located and provided for the purpose as hereinafter required and directed, in the county of Kanawha, to be called "The West Virginia Colored Institute," for the beneficiary of said appropriation for the instruction of colored stu- dents, to be paid to each in the proportion mentioned in the preamble to this act. And the said institution by the name of 'The West Virginia Colored Institute," shall have and hold all the property, funds, rights, powers and privileges hereinafter mentioned. Sec. 205-. The institution for the instruction of colored students located at Institute, in the county of Kanawha, and designated by an act of the legislature of one thousand eight hundred and ninety-one, regular session, chapter .sixty-five, as "The West Virginia colored institute," shall hereafter be designated and known as "The Wot Virginia collegiate institute," and shall have and hold all the property, funds, rights, powers and privileges granted to said institution in said chapter sixty-five of the acts of the legislature of one thousand SCHOOL LAW OF WEST VIRGINIA. 91 eight hundred and ninety-one, regular session, and such as have been or may be granted to it by the acts of the legislature of this state. Control and Management. Note Sections 206 and 207 relating to the control and management of the West Virginia Collegiate Institute located at Institute were repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These boards have charge of all state insti- . tutions. For full text of the law see page 94. College Courses and Extension Work Authorized. Sec. 207-0.. The board of regents shall establish and maintain in the West Virginia Collegiate Institute, in addition to the departments already established, such college courses of study as may be expedient and possible, and shall prescribe the conditions for graduation therein and confer the proper degrees and issue the proper diplomas to those who complete such courses. The West Virginia Collegiate Institute shall have power and au- thority to do extension work in agriculture, home economics and such other subjects as the board of regents may direct among the negro population of West Virginia. Control and Management. Note Section 208 relating to the control and management of the West Virginia Collegiate Institute located at Institute was repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These Boards have charge of all state institutions. For full text of the law see page 94. State Treasurer to Receive Grants. Sec. 209. The treasurer of this state is hereby designated as the officer to receive from the secretary of the treasury of the United States the said several sums of money so to be paid to this state afore- said, for the uses and purposes aforesaid. He shall keep an exact account of the moneys so received, and shall place to the credit of each of said beneficiaries thereof, its due proportion of the same. The sums so placed to the credit of the West Virginia University, shall be paid out b} r him on the order of the board of regents thereof, 92 SCHOOL LAW or WEST VIRGINIA. and the sums so placed to the credit of the West Virginia colored institute, shall be paid out by him on the order of the board of regents of said institute. And said treasurer shall include in his biennial report to the governor a statement of his receipts and disbursements under the provisions of this act. Site and Buildings. Sec. 210. It shall be the duty of the board of the school fund to proceed with all reasonable dispatch to procure the necessary quantity of farming land not exceeding fifty acres in all in some suitable and proper locality in the county of Kanawha, with a title thereto clear and unquestionable, and to erect the necessary buildings and make the necessary improvements thereon, for the purposes of this act, and to comply in good faith with the terms and conditions, and to carry into effect the objects and purposes of the acts of congress in making said appropriations. BLUEFIELD COLORED INSTITUTE. Location. Sec. 211. The Bluefield colored institute shall remain where now located, and shall be known as the "Bluefield Colored Institute," by which name it shall have and hold all the property, funds, invest- ments, rights, powers and privileges created by this act, by bequest, private subscription, donation or otherwise. Control and Management. Note. Sections 212, 213, 214, 215, 216, 217 and 218 relating to the control and management of the Bluefield Colored Institute located at Bluefield were repealed in 1909 by an act creating the State Board of Control and the State Board of Regents. These boards have charge of all state institutions. For full text of the law see page 94. Certain Sections Omitted. Note Sections 219 to 265, both inclusive, are a part of chapter 45 of the Code and relate to the control and management of The West Virginia School for the Deaf and the Blind ; the West Virginia Indus- SCHOOL LAW OF WEST VIRGINIA. 93 trial School for Boys, and the West Virginia Industrial Home for Girls. These sections are omitted from this edition of the school law because the State Superintendent is not charged with the control and management of these institutions. The full text of the laws governing these schools may be secured from the State Board of Control, Char- leston. Conflicting Acts Repealed. Sec. 266. All acts and parts of acts inconsistent with the provi- sions of this chapter are hereby repealed. APPENDIX A STATE BOAED OF CONTROL. II ow Constituted. Sec. 1. The state board of control, created by chapter fifty-eight of the acts of the legislature of one thousand nine hundred and nine, shall continue, and shall be a corporation, and have and use a com- mon seal. It shall consist of three members, not more than two of whom at the time of appointment shall belong to the same political party, to be appointed by the governor by and with the advice of the state senate. The term of office shall be six years. The members now in office shall serve to the end of their respective terms, unless sooner removed as herein provided. The governor may remove any member for incompetency, neglect of duty, drunkenness, gross immor- ality, malfeasance in office, or for other good cause, and fill the va- cancy made by any such removal, or made by death, resignation or otherwise, by appointment for the unexpired term. The salary of each member shall be five thousand dollars per year, to be paid month- ly; and each shall be paid his actual traveling and other necessary expenses when absent from the state capital on official business. The board shall be provided with an office. at the state capital, and with such furniture and clerical and other assistance as shall be necessary. The members shall give their entire time to the discharge of the duties of their office. The board shall choose one of their members president, and another treasurer. They may select a secretary and such other officers as they may deem best. The offices of treasurer and secretary may be held by the same member. Before entering upon the duties of his office, each member shall take and subscribe the oath of office prescribed by the constitution, the certificate whereof shall be filed with records of the board, and he shall give bond in the penalty of ten thousand dollars, conditioned for the faithful perform- ance of the duties of his office, and to account for and pay over ac- cording to law all moneys or other thing of value which shall come into his hands or under his control by virtue of his office; but the treasurer's bond shall be in the penalty of twenty-five thousand dol- SCHOOL LAW OF WEST VIRGINIA. 95 lars. which shall cover his liability as a member, and as the treasurer. The board may cause the surety in any of such bonds to be a surety or bonding company authorized to do business in this state, and pay the costs Thereof out of its current or contingent expense fund. All such bonds shall be approved as to form by the attorney general, and as to sufficiency by the governor, and when so approved shall be filed and recorded in the office of the secretary of state. In the ab- sence of the president or of the treasurer from the state capital, or in the disability of either, the duties of his office may be performed by another member of the board. All deeds, contracts, agreements and other such writings may be executed by the state board of control by the signing of the name of the board thereto by the president, and impressing the seal of the board therein, attested by the signature of the secretary; and when so executed any such deed, contract, agree- ment or other such writing shall be deemed the act and deed of said board, and shall be admitted to record in the office of the clerk of the county court, and in any other office or place where writings are ad- mitted to record. Expenses. Sec. 2. Before any expenses of any member of the board of con- trol or of the board of regents, or of any officer or agent thereof, or before any expenses incurred by any person under the direction of either of said boards, or the expenses of any officer or employee of any institution under the charge of said boards, shall be paid, a full written statement of every item of such expenditure, shall be presented to the auditor, duly verified, which verification shall state that the ex- pense bill is just, accurate and true, and is claimed for cash ex- pended for the purposes named in the statement. Unless the state- ment is so verified and duly audited, payment thereof shall not be made. Control and Management of Certain Institutions. See. 3. The board of control sha&l have full power to manage, direct, control, and govern the West Virginia asylum, the second hospital for the insane, the West Virginia hospital for the insane, the West Virginia penitentiary, the West Virginia reform school, the West Virginia industrial home for girls, miners' hospital No. 1, miners' hospital No. 2, miners' hospital No. 3, and the schools for 96 SCHOOL LAW OF WEST VIRGINIA. the deaf and the blind and such other institutions, except educational, as may hereafter be created by law. Names of Certain Institutions Changed. Sec. 3-a. From and after the thirtieth day of June of the year one thousand nine hundred and fifteen, the name of the West Virginia asylum shall be changed to Huntington state hospital ; the name of the second hospital for the insane shall be changed to Spencer state hospital ; the name of the West Virginia hospital for the insane shall be changed to Weston state hospital; the name of miners' hospital number one, shall be changed to Welch hospital number one ; the name of miners' hospital number two, shall be changed to McKendree hospital number two; the name of miners' hospital number three shall be changed to Fairmont hospital number three. All statutory pro- visions applicable to the government and maintenance of said asylums and hospitals, and to each of them, under their old names, shall be continued in force and be applicable to the government and main- tenance of the same institutions under their new names. All acts and parts of acts inconsistent with this act are hereby repealed. To Have Financial Control of Educational Institutions. Sec. 4. The board of control shall have charge and control of the financial and business affairs of the West Virginia university, of the preparatory branches of the university at Montgomery, and at Keyser, of the state normal school and its branches, of the West Virginia colored institute and of the Bluefield colored institute and have such other control and management of said institutions as are in this act provided. Title to Property. Sec. 5. The title to all property constituting or belonging to the several institutions named in sections three and four and now vested in the several boards of directors, or of regents thereof, shall be and hereby is vested in said board of control on and after July first, one thousand nine hundred and nine; and the several boards now charged with the control and management of said institutions shall thereafter have no further legal existence; and the board of control is, without SCHOOL LAW or WEST VIRGINIA. 97: further process of law., authorized and directed then to assume control and management of the said institutions subject to the provisions of this act. / Moneys and Funds. Sec. 6. All moneys and funds belonging to the state which shall come into the hands or control of the head officer, or other officer, of any of the institutions mentioned in sections three and four, or of any other institution, department, board, commission, or other agency of the state, or of any person connected therewith, and under the con- trol and management of the state board of control in whole or in part, or the fiscal or financial affairs of which are subject to the control or management of said board, shall be paid to the treasurer of said board at least once in each month, on or before the tenth day of the month succeeding the month in which such moneys or funds were received, under such rules and regulations as said board shall prescribe. The state board of control shall cause such money and funds to be paid into the state treasury to the credit of the proper fund of the institu- tion, department, board, commission, or other agency of the state, by depositing the same in a state depository and delivering to the auditor the certificate of deposit therefor. The auditor shall credit the same to the institution, department, board, commission or state agency as shown by the certificate of deposit; and the state board of control shall have authority to issue requisitions, from time to time, on such moneys and funds to be expended for the support or benefit of the institution, department, board, commission, or state agency for which the same was appropriated or provided, and all such moneys and funds are hereby appropriated for the purpose. Such moneys and funds are hereby named "state board of control funds." When- ever the appropriations by the legislature are insufficient to pay the expenses of conducting any of said institutions, the deficiency shall be certified by the state board of control to the board of public works. Such certificates shall state the name of the institution, the items and amount in detail needed, and the board of public works may direct payment of the same of any part thereof as provided in chapter six* teen of the acts of one thousand nine hundred and four. Clerical Assistants Reports of Institutions. Sec. 7. The. board of control shall appoint a competent secretary 98 SCHOOL LAW OF WEST VIRGINIA. and such other clerical assistants as may be necessary to the proper conduct of its business. The salaries or compensation of the em- ployees of the board shall be fixed by it, but no salary or compensa- tion shall be increased to exceed the amount appropriated by the legislature to pay the same. The board shall cause to be kept at its office a proper and complete set of books and accounts with each in- stitution, which shall clearly show every expenditure authorized and made thereat. The said books shall exhibit an account of all appro- priations made by the legislature concerning any institution named in sections three and four, and of all other funds under the control of the board. It shall, in conjunction with and subject to the ap- proval of the chief inspector of public accounting, prescribe the form of vouchers, records and methods of keeping accounts at and by each of the institutions named in sections three and four. Such vouchers, records and methods of accounts of the institutions shall be as nearly uniform as possible. The board, or any member thereof, shall have the power to investigate the conditions of and to examine and check the records of any of said institutions at any time. The board shall Also have the power to authorize any of its members or officers, its book keeper and accountant, or any other employee, to proceed to any of the said institutions, and to examine and check the records, take inventory of the property thereof, or any of its departments, or for any ether purposes the board may deem necessary. Any person doing such work shall receive, in addition to regular compensation, pay for actual expenses incurred thereby, such expenses to be paid in the manner hereinbefore provided. Upon the completion of any such special work the board shall cause a full and complete written report of the same to be made to it as soon as practicable. Powers and Duties. Sec. 8. The state board of control or one or more of its members shall visit each of the institutions under its control and management in whole or in part as often as may be necessary, and may hold a regular meeting of the board at any such institution. During any such visitation the board or any member thereof shall thoroughly in- spect all the departments thereof and investigate the condition and management of the same; and for the purpose of aiding any such investigation the board or any member thereof shall have power to summon and compel the attendance of witnesses, to be examined under oath, which any member shall have the power to administer; and the SCHOOL LAW OF WEST VIRGINIA. 99 board or any member thereof shall have access to all books, papers and property necessary to any such investigation, and may order the production of any books, papers or property. Witnesses, other than -employees of the state, shall be entitled to the same fees as in civil -cases in the circuit court. In any investigation by the board, or by any member thereof, it or he may cause the testimony to lq taken in shorthand and transcribed and filed in the office of the board as rsooii after the same is taken as practicable. Any person refusing or failing to obey the order of the board, or any member thereof, issued under the provisions of this section, or to give or produce any evi- dence required, shall be reported by the board or the member thereof conducting the investigation to the proper circuit court or the judge thereof, and such person so refusing or failing shall be dealt with by ^the court or judge as for contempt. Appointment of Heads of Certain Institutions. Sec. 9. The governor shall, by and with the advice and consent of the senate, appoint a superintendent for the West Virginia asylum, superintendent for the second hospital for the insane, a superinten- dent for the West Virginia hospital for the insane, a warden for the penitentiary, a superintendent for the West Virginia reform school, a superintendent for the West Virginia industrial home for girls, a superintendent for miners' hospital No. 1, a superintendent for miners' hospital No. 2, a superintendent for miners' hospital No. 3, and a superintendent for the schools for the deaf and the blind. The governor may remove any superintendent or warden for incompetency, neglect of duty, gross immorality, malfeasance in office, or for other good cause, and in case of vacancy, whether occurring by reason of removal or otherwise, may declare the office vacant and fill the same by ap- pointment for the un expired term. The superintendent of each in- stitution and the warden of the penitentiary shall have the power to appoint all assistants and employees required for the management of the institution in his charge, the number of said assistants and em- ployees, and their compensation, to be first fixed by the state board of control. The superintendent of any institution and the warden of the penitentiary may, at his pleasure, discharge any person therein em- ployed. It shall be the dut} r of the board to investigate any complaint made against the chief executive officer of any institution, and also against any other officer or employee thereof, if the same has not been investigated. The board shall have the power to recommend to the 100 SCHOOL LAW OF WEST VIRGINIA. governor the removal of any such chief executive officer, or other officer, setting forth in such recommendation the reasons for the same. The board shall fix the salaries or compensation of the officers and em- ployees of the institutions named in section three on or before the first day of July of each year, to be paid during the year to commence July first, and no change shall be made therein excepting at the time prescribed in this section. The salaries or compensation of all offi- cers and employees of the several institutions named in sections three and four shall be paid monthly, to include the last day of each month. The chief officer of each of the institutions named in section three shall be furnished quarters, household furniture, board, fuel and light for himself and his family ; quarters, household furniture, board, fuel and light shall be furnished to such other officers as is made necessary by the character of their service, and the board of control shall desig- nate those who shall receive the foregoing in addition to their salary. Rules and Regulations. Sec. 10. The board is. authorized to make rules for the proper exe- cution of its duties and powers. It shall also have the power to adopt rules and regulations for the government of the institutions, named in sections three and four, and shall therein prescribe, consistent with the provisions of this act, the duties of the persons connected with the management of the said institutions. Shall Purchase Supplies. Sec. 11. The state board of control is hereby authorized and re- quired to purchase all supplies for the proper support and mainte- nance of the institutions named in sections three and four, and for any other institution, department, board, commission, or other state agency, under its control or management in whole or in part. Such supplies shall be purchased whenever practicable by contract on com- petitive bids, and notice of the same shall be given, whenever the board thinks best, by publication in at least two newspapers of general cir- culation in the state for not less than two weeks prior to the award made ; and a written or printed notice shall be sent to every manufac- turer or dealer of or in the article or commodities for which prices are desired who has requested his name to be placed upon the mailing list. The contract shall be awarded to the lowest responsible bidder if the price be a fair and reasonable one and not greater than the market SCHOOL LAW OF WEST VIRGINIA. 101 price. The board is authorized to require such surety as it may deem proper to accompany the bids submitted, and shall also fix the amount of the bond or other security that shall be furnished by the person, firm or corporation to whom the contract for any supplies is- awarded. The board shall have the power to reject any and all bids submitted if for any reason it is deemed to the best interests of the state to do so, and to re-solicit bids in accordance with the provisions of this sec- tion. The board may determine the kind and character of animals to be slaughtered for meats for use in the several institutions under its control and it shall make such rules and regulations as may be neces- sary for the inspection of meats, poultry, bread and other supplies intended for use in any of the said institutions. In accepting bids for supplies preference shall be given citizens of this state, other things being equal. Whenever the board fail to make contracts for supplies the same may be purchased by the chief officer in charge of an in- stitution, under such rules and regulations as shall be prescribed by the board of control. It shall be the duty of the chief officer of each institution named herein to cause to be prepared estimates of supplies required for the proper conduct and maintenance of the institution under his charge, covering periods to be fixed by the board of control, and to forward the same to the board in accordance with its directions. No member or officer of the board of control, or of the state board of regents, and no person in their employ and no officer or employee of any state institution shall be directly or indirectly interested in the purchase of supplies, or in any supplies purchased, nor in any con- tract, agreement or undertaking entered into by and for any of said institutions; and if he be so interested he shall forfeit his office, such contract shall be void, and such person shall be liable to the state upon his official bond for all damages. No member of said board, no officer, agent or employee thereof, and no officer of any institution under their charge, shall directly or indirectly for himself or for another, or for any such institution, receive or accept any gift or gratuity or thing of value from any dealer in goods, merchandise or supplies which are or may be used in such institutions, or from any person, firm or cor- poration who are or may be interested in any contract with such board for or on account of the state. Any violation of this section shall be a misdemeanor, and be punished by a fine of not less than twenty- iive nor more than five hundred dollars. Buildings for Institutions. Sec. 12. The state board of control is vested with authority to 102 SCH'OOL LAW OF WEST VIRGINIA. employ competent architects for the preparation of plans and specifi- cations for all new buildings hereafter to be built by the state, or for the repairing or remodeling of existing buildings, or the construction of additions thereto; to employ competent persons to superintend the work of constructing new buildings or of such repairs, remodel- ing or additions, and to call for bids and award contracts for such work. The board shall have authority to erect any new buildings,, or to make repairs or additions to, or changes in, any buildings al- ready constructed, without letting the same to contract, or by em- ploying thereon the labor of the inmates of any institution of the state, whenever in the judgment of the board the best interests of the state will be subserved thereby. The board may also provide with con- tractors for the erection of new buildings or for additions or repairs- to old ones, to use thereon the labor of such inmates. The board has- authority, whenever in its judgment a new building is needed by the state, or whenever it is necessary to build an addition or make mate- rial repairs to a building already in existence, with the approval of the governor, to employ a competent architect or architects to make plans and specifications therefor, and estimate of the cost thereof, for sub- mission to the next session of the legislature, to aid that body in making an appropriation for the purpose. The governor may pay the cost of such plans and specifications and estimates out of his civil contingent fund, or the board may cause the same to be paid out of the current expense fund or out of any appropriation made for build- ings and land or for repairs and improvements of the institution for which the building or work is designed. So far as practicable, here- after all buildings erected for the use of the state shall be fire-proof. Records of Institutions. Sec. 13. The state board of control shall prescribe the records to be kept for statistical and other purposes in the several institutions named in sections three and four. It shall require a copy of such record to be transmitted to it for the preceding month, and the board shall keep in its office in a substantially bound book a copy of every report that they may require from the chief officers of any institution ; and shall have authority to assemble the chief officers of the institu- tions or any of them at its office, for the purpose of discussing any question which may be common to their welfare. The actual expenses made necessary in traveling to and from such meeting and while upon its attendance, shall be paid out of the contingent fund of the several SCHOOL LAW OF WEST VIRGINIA. 103 institutions. All bills on account of such expenses shall be made and paid as provided in section two of this act. Report to Governor. Sec. 14. On the first day of October, one thousand nine hundred and ten, or as soon thereafter as practicable, and biennially thereafter, the board of control shall file with the governor a full report of all matters herein prescribed, showing the condition of all the institutions under its control, the cost of conducting the same during the period covered by the report, naming the buildings contracted to be erected, at what points, for what purposes, the contract price and the condi- tion of construction, and shall .also include therein a statement of the work and expenses of the board. It shall also incorporate in its report suggestions respecting legislation for the benefit of the several insti- tutions under its care, and shall make estimates of appropriations, which in its opinion are necessary for the maintenance and other expenses of the institutions and for buildings, betterments and other improvements. The said report shall also contain such portions of the biennial reports made by the chief officers of the several institu- tions to the board as it may deem proper, also statement showing the dates of visitation made by the board or by any member thereof to the several institutions. In its report shall be included an itemized statement of the expenses of the board and such other matters as it may deem pertinent. There shall also be published in the report full and complete lists of the officers and employees of the board and of the institutions named in sections three and four, showing the annual salary paid and perquisites allowed each officer or employee. The governor is hereby empowered to call upon the said board for any special report or information relative to any matter coming within its authority. The governor may direct the said board to make any special investigation into and report upon any matter connected with any state institution. Gifts and Devises. Sec. 15. The board of control is hereby empowered to accept any gift or devise of any property or thing which lawfully may be given. If such gift or devise is to any particular institution named in sec- tions three and four, whatever profits shall arise from its use or in- vestment, shall be paid into the state treasury for the use and benefit 104 SCHOOL LAW OF WEST VIRGINIA. of the* said institution and the board is hereby invested with the title to the property which is, or may be subject of such gift or devise. Insurance on Buildings. Sec. 16. The board of control shall have charge and control of the insurance of all buildings and property of the state and shall keep the same properly insured against loss by fire,, by explosion of steam boilers and the like; but the insurance of the property of the state at the seat of government shall be first authorized by the board of public works. The board of control shall keep a record of all such insurance which shall show the name of each insurance company, the number, date and amount of insurance of each policy written by it, the rate of premium, the building or other property on which insurance is placed, the period for which written and the date of its expiration; and the amount of insurance upon each building and such other matters as the board may deem pertinent. STATE BOARD OF REGENTS. How Constituted Salary Secretary. Sec. 17. There is hereby created a state board of regents which shall be a corporation, and as such may contract and be contracted with, plead and be impleaded, sue and be sued, and have and use a common seal. It shall consist of five members including the state su- perintendent of free schools, who shall be citizens of the state, and who shall be chosen from the two largest political parties and not more than three members shall belong to the dominant political party. On or before the first day of July, one thousand nine hundred and nine, the governor shall appoint, by and with the advice and consent of the senate, four of said regents, one for one year, and one for two years, one for three years and one for four years, and thereafter one each year for the full term of four years. The board shall choose one -of its members to be president thereof. The governor may remove any member of the board for incompetency, neglect of duty, gross immorality, malfeasance in office, or for other good cause, and in case of vacancy, whether occurring by reason of removal or otherwise, may declare the office vacant and fill the same by appointment for the unexpired term. The salary of each member of said board, ex- cept the state superintendent of schools, shall be one thousand dollars SCHOOL LAW OF WEST VIRGINIA. 105 a year and in addition thereto he shall be paid his actual expenses while so employed, but the state superintendent shall be allowed only his necessary expenses while serving as a regent and shall receive no per diem. A verified itemized statement of their expenses shall be filed with the state auditor to be audited by him before payment there- for, as hereinbefore provided. The board may employ a secretary and fix his compensation. To have Control of Educational Institutions. Sec. 18. The state board of regents shall have control of the edu- cational departments of the several institutions named in section four, on and after July first, one thousand nine hundred and nine, and the several boards of regents now in charge of said institutions shall have no legal existence after that date. The state board of regents shall have authority to employ the head teacher or president of the uni- versity, the head teacher or superintendent of each of the other of said institutions, and the professors, other teachers and other em- ployees of such institutions. They shall fix the compensation of such president, superintendents, professors, teachers and employees, but such compensation and the number of employees, shall be subject to the confirmation of the board of control; or if the board of control shall before the beginning of any year fix the total amount that shall be paid for the year in compensation to such president, superinten- dents, professors and teachers and employees, then the board of re- gents shall fix their respective salaries or compensation, but the aggre- gate thereof shall not exceed the amount fixed by the board of control and in no case shall the amount fixed exceed the appropriation made for the purpose by the legislature. All rights and duties heretofore belonging to the boards of regents of the institutions named in section four, which are not in conflict with the provisions of this act, are hereby given to the board of re- .gents hereby created. To Prescribe Curriculum. Sec. 19. The state board of regents shall have authority in con- sultation with the head teacher, and professors and other teachers in each institution named in section four, to prescribe the curriculum or course of study to be pursued therein, and prescribe the text books to be used. The said board may make out and publish rules and 106 SCHOOL LAW OF WEST VIRGINIA. regulations to be observed by all of said institutions, and separate rules and regulations for any one of them. The board of regents- shall also from time to time establish such departments of education in literature, science, art, agriculture, military tactics, and other departments as they may deem expedient, and as the funds for such purposes may warrant, and as the law may permit ; also fix the tuition,, fees and charges for attending and receiving instructions in any of said departments. The state board of regents shall meet with the- state board of control whenever the state board of control shall notify them of such meeting. Report to Governor. Sec. 20. On the first day of October, one thousand nine hundred and ten, or as soon thereafter as practicable, and annually thereafter, the state board of regents shall make to the governor a full report (a copy whereof shall be filed with the state board of control at the- same time) which shall show their transactions for the period covered by the report, the date, place and duration of each of their meetings ; the amounts paid to each member of the. board for compensation and expenses separately; the number of persons employed about each of their said institutions; the official designation of each of such per- sons, and the amount and rate of compensation paid to him ; and shall report the amount disbursed by them of any funds under their con- trol, stating the purposes for which expended and the amount ex- pended for each purpose, and the number of days actually engaged by the persons employed about each of their said institutions, includ- ing teachers and professors. Said report shall also show the number of students actually attending each day at each of said institutions,. and the number of students enrolled in each school or department of each of said institutions, and the total cost of each of said schools or departments. They shall furnish to the state superintendent of free schools all data which he may request. The} 7 shall make special reports to the governor as he may request; and may in their report make recommendations respecting legislation needed to promote the- welfare of their institutions. Report to Auditor. Sec. 21. The state board of control and the state board of regents- shall from time to time as may be necessary, make a report to the- SCHOOL LAW OF WEST VIEGINIA. 10? auditor, which shall state the names of each person employed by each of them at any of the institutions named in sections three and four, his official designation and the rate of compensation per month (or by the day or week if employed for less than a month) and out of what funds or appropriation the same is payable. The chief officer or head teacher of any such institution, or other person who may have been appointed for the purpose by the state board of control, shall make out and certify to the auditor at the end of each month a list of persons to whom any payments may be due, stating for what pur- pose due, the amount due each person and the fund or appropriation from which payable; one copy whereof shall be filed in the office of the institution where made, and one in the office of the state board of control. If the auditor finds such list correct and in accordance with the reports made to him by the state board of control, or the state board of regents, he may pay to the persons entitled thereto the amounts so certified as due each. Governor May Require Additional Duties. Sec. 22. The governor may require the state board of control or the state board of regents to perform any duty or work pertaining to the management and control of any of the institutions named in sections three and four and consistent with the object of this act. Shall Assume Rights, Duties and Liabilities of Abolished Boards. Sec. 23. All legal rights which may now belong to or which would have accrued to any board of regents or of directors of the institutions named in sections three and four, shall belong and accrue to the state board of control on and after July first, one thousand nine hundred and nine; and nothing in this act contained shall be construed as af- fecting any such rights but the same shall be vested in, and may be exercised by said state board of control, on and after said date as fully as the same might have been exercised by any such board of regents or of directors, if this act had not become law. And all obli- gations and liabilities legally incurred by any of said board of regents or board of directors of any such institutions shall be assumed by said board of control. Transfer of Inmates. Sec. 24. The state board of control shall have authority to transfer patients from one institution for the insane, or from any institution 108 SCHOOL LAW OF WEST VIRGINIA. hereafter created for epileptics, feeble-minded, imbeciles, or idiots, to any other institution for the insane, epileptics, feeble-minded, im- beciles, or idiots; to transfer inmates. from the girls' industrial home, or the boys' industrial school, or the schools for the deaf and the blind, to the homes for children or orphans; to transfer insane, epileptic, feeble-minded, imbecilic or idiotic inmates from any institution of the state to any other state institution conducted for their care or treatment; and generally to cause the transfer of any patient or in- mate from any state institution, except the penitentiary, to any other state institution which is better fitted for the care or treatment of such patient or inmate, or for other good cause or reason. Bond may be Required. Sec. 25. The state board of control shall have authority to cause the head officer or any other officer of any institution, department, board, commissioner, or other state agency, under its control or management in whole or in part, or any of its own employees, to give bond, condi- tioned for the faithful performance of the duties of his office, and to account for and pay over all money and other property of the state which shall come into his hands or control by virtue of his office in such penalty as the board may deem proper; and may provide that the surety in any such bond shall be a surety or bonding company authorized to do business in this state, and cause the premium for bonds so given to be paid out of the current or contingent expense fund of the institution or board or body with which the person so bound is connected. All such bonds shall be subject to the approval of the state board of control; and, when so approved, shall be filed with the treas- urer of the board and by him safely kept. All acts and parts of acts coming within the purview of this act, and inconsistent therewith, are hereby repealed. HOLIDAYS. Sec. 1. That the following days be regarded, treated and observed as legal holidays, viz. : The first day of January, commonly called New Year's Day ; the twenty-second day of February, commonly called George Washington's bithday; the fourth day of July, common- ly called Independence day ; the thirtieth day of May, commonly call- ed Memorial day; the twenty-fifth day of December, commonly called Christmas day ; the first Monday in September, commonly called Labor SCHOOL LAW or WEST VIRGINIA. 109 day; the twelfth day of February, commonly called Lincoln's birth- day ; the twelfth day of October, commonly called Columbus day ; pro- vided, however, that the common and graded schools of this state, the terms of which shall have begun and not having expired upon the two last named days shall remain in session and hold appropriate ceremonies in honor of Abraham Lincoln and Christopher Columbus, respectively, unless the said days shall fall upon Saturday or Sun- day; any national or state election day, and all days that may be appointed or recommended by the governor of this state or the presi- dent of the United States as days of thanksgiving, or for the general cessation of business; and when either of said days or dates falls on Sunday, then it shall be lawful to observe the succeeding Monday as such holiday; provided, that when the return day of any summons or other court proceedings or any notice or time fixed for holding any court or doing any official act shall fall on either of said holidays, the ensuing secular day shall be taken as meant and intended. THE CHILD LABOR LAW. Employment of Children Under Fourteen Prohibited. Sec. 1. No child under the age of fourteen years shall be employed, permitted or suffered to work in, about or in connection with any factory, mill, workshop, or manufacturing establishment. It shall be unlawful for any person, firm, or corporation without written permis- sion from the state commissioner of labor or county superintendent of free schools to employ any child under fourteen years of age in any business or service whatever during the hours when the public schools of the 'district in which the said child resides are actually in session. Employment of Children Under Sixteen Prohibited, Unless Employ- ment Certificate is Secured. Sec. 2. No child under the age of sixteen shall be employed, per- mitted or suffered to work in, about or in connection with any of the establishments or occupations named in section one of this act, unless the person, firm or corporation employing such child procures and keeps on file, accessible to any truant officer, inspector of factories or authorized agent of the humane society, an employment certifi- cate as hereinafter prescribed. On termination of employment of a child whose employment certificate is on file, such certificate shall be forthwith returned by the employers to the person who issued the same. The employment certificate shall be issued only by the super- intendent of schools, or by persons authorized by him in writing, or 110 SCHOOL LAW OF WEST VIKGINIA. where there is no superintendent of schools,, then by a person author- ized by the local school board; provided, that no member of a school board or other person authorized, as aforesaid, shall have authority to issue such certificate to any child then in or about to enter such person's own employment or the employment of a firm or corporation of which he is a member, officer or employee. The person authorized to' issue an employment certificate shall not issue such certificate until he has received, examined and approved and filed the following papers duly executed: 1. The school record of such child shall be properly filled out and signed. 2. A passport or duly attested transcript of the school census record, showing the date and place of birth of such child. 3. The affidavit of the parent or guardian or custodian of such child (which shall be required, however, only in case no one of the -above mentioned proofs of age is obtainable), showing the date and place of birth of such child. Such affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath without demanding or receiving any fee therefor. No employment certificate shall be issued until the child in ques- tion has personally appeared before the officer issuing the certificate, nor until such officer has satisfied himself that the child can read and write legibly simple sentences in the English language, and that the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sufficiently sound health and physically able to perform the work it intends to do, which shall be stated. In all cases of doubt, such development, health .and physical fitness shall be determined by a medical officer of the board or department of health, or by a physician appointed by the school board. Every such employment certificate shall state the race, residence, sex, and the date and place of birth of the child, and that the papers required by the preceding sections have been duly -examined, approved and filed. Every such certificate shall be signed in the presence of the officer issuing the same, by the child in whose name it is issued, and it shall show the date of its issue: the school record required by the act shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished on demand to a child entitled thereto. It shall contain a statement certifying that the child is able to read and legibly write simple sentences in the English language, and has received instruc- SCHOOL LAW OF WEST VIRGINIA. Ill tion equivalent to that given in the first four grades of the common schools. Such school record shall also give the date of birth and residence of the child as shown on the records of the school. The employment certificate provided for must be formulated by the state superintendent of free schools and furnished in blank by the clerk of the local school board. Fine for Violation. Sec. 3. Whoever, whether he be the employer, parent, guardian or custodian of any child, employs, permits or suffers such child to be em- ployed or to work in violation of any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $50 for each and every offense. Duties of Prosecuting Attorneys. Sec. 4. It shall be the duty of the prosecuting attorney to enforce the provisions of this act and to prosecute any person, firm or corpora- tion charged with violation of the same, before any magistrate or court of competent jurisdiction in this state; and it shall be the duty of the truant officers, inspectors of factories and authorized agents of the humane society to expose all violations of this act to the prosecut- ing attorney. All fines collected for violations of this act shall be paid into the building fund of the school district or independent dis- trict in which the offense is committed. REGULATIONS RESPECTING MINES. Employment of Boys Under Fourteen and Females Prohibited. Sec. 26. No boy under fourteen years of age, nor female persons of any age shall be permitted to work in any coal mine, and in all cases of doubt, the parents or guardians of such boys shall furnish affidavits of their ages ; any operator, agent or mine foreman who shall knowingly violate the provisions of this section or any person know- ingly make a false statement as to the age of any boy under fourteen years of age, applying for work in any coal mine shall, upon convic- tion, be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less than ten nor more than ninety days, in the discretion of the court. 112 SCHOOL LAW OF WEST VIRGINIA. SPECIAL DEBT LEVY. Provisions as to Certain Funds. Sec. 8. If any county or any magisterial district or any school district or any independent school district or any municipal corpora- tion have outstanding unpaid orders on the treasury thereof, or unsatisfied judgments, which orders were issued or which judgments were recovered previous to the first day of July in the year one thous- and nine hundred and fifteen, the amount whereof is so considerable that it is impracticable to discharge the same out of the proceeds of the regular levy, and the county court or board of education or common council, as the case may be, deem it inadvisable to submit to the voters of the county, district or municipality the question of an additional levy as provided in section five, such court, board, or council may lay a levy in addition to said regular levy, to be called "special debt levy," not exceeding twenty cents on each one hundred dollars of the valua- tion of the taxable property of the county, district, or municipality, as the case may be, according to the last assessment of such property, and continue such levy for as many years as may be necessary to pay off such debt and the interest that may accrue thereon, but no longer. The net amount produced by any such levy, or by any additional levy authorized by section five, or by any special levy authorized by section six, shall not be used for any other purpose, as to such special debt levy than for the payment of such debt, or as to such additional or special levy than for the purpose or purposes named in the order sub- mitting the question to the voters. The treasurer of each of such funds shall keep an accurate account of the same separately from other funds. If, after paying off such debts or effecting the object of said additional levy or of said special levy, any balance remains of any of said funds, the same shall, first, revert to the sinking fund of the county, or of the magisterial district, or independent school district, or of the municipal corporation, as the case may be ; or, secondly, if there be no such sinking fund, it shall, in case the fund was raised by taxes levied throughout the county, revert to the fund for general purposes of the county; if the fund was raised by taxes levied on the property of a school district or independent school district, said balance shall revert to the teachers' fund of the district; if the fund was raised by taxes levied on the property of a municipal corporation, said balance shall revert to the fund for general purposes of the municipality; and in case of a magisterial district, said balance shall revert to the road fund thereof: Provided, however, that before any such special debt levy SCHOOL LAW OF WEST VIRGINIA. 113' may be laid as provided for in this section, the same shall be submit- ted to and approved by the state tax commissioner. Before giving his approval, the state tax commissioner shall require a certified state- ment or list showing in detail the orders and judgments, including names of payees and amounts thereof intended to be paid by such levy. The approval of the state tax commissioner shall be in writing and filed with the clerk, secretary or recorder of the county court, board of education or municipality, as the case may be ; and provided, further, that the right to lay such levy shall expire with the fiscal year ending June thirtieth, one thousand nine hundred and eighteen ; and provided, further, that the owners or holders of such orders or judgments, which represent such indebtedness, shall file the same with the clerk of the county court, secretary of board of education or record- er of the municipality, as the case may be, and it shall be the duty of every such clerk, secretary or recorder to list such evidences of in- debtedness in the order in which presented, giving the number, the date, the payee, the amount thereof and the date when presented to the sheriff for payment, and the present owner or holder ; and it shall be his further duty to make four copies of such list, one of which shall be retained in his office, one certified to the state tax commissioner., one to the sheriff or other treasurer of the fiscal body, one to the county court and one to the board of education or council before the first levy term of said bodies for the first fiscal year next following the making of said lists ; and that such listed orders of indebtedness shall be paid in the order in which they are so filed, out of the said special debt levy as hereinbefore provided; and all persons or corporations owning or holding such evidences of indebtedness as the owner, pledgee, assignee or collateral security, who shall fail to present the same for listing with said officers before the levy term in the } r ear one thousand nine hundred and seventeen, shall be forever barred from bringing any suit, action or proceeding for the purpose of collecting the same. No sheriff or other treasurer of any fiscal body herein named shall apply any part of the special debt levy hereby authorized except in payment of the list- ed orders or evidences of debt hereinbefore provided for, and in the order as herein provided for. And no sheriff or other treasurer shall pay any order, draft or judgment, issued or recovered before July first, one thousand nine hundred and fifteen, out of any funds in his hands except the special debt fund herein provided for, whenever the same is? laid as herein provided for. Penalties for Violations. Sec. 9. It shall be unlawful for any county court, board of educa- 114 SCHOOL LAW OF WEST VIRGINIA. tion, or council of a municipal corporation, or other body charged with the administration of the fiscal affairs of any comity, school district or independent district, or municipality, to expend any money or to incur any obligation or indebtedness which such tribunal is not expressly authorized by law to expend or to incur. Xor shall any such tribunal make any contract, express or implied, the performance of which, in whole or in part, would involve the expenditure of money in excess of funds legally at the disposal of such tribunal, nor issue or authorize to be issued any certificate, order or other evidence of indebt- edness which cannot be paid out of the levy for the current year, or out of the fund against which it is issued. Xor shall any such tribunal attempt to lay any levy the rate whereof shall exceed the rate specified by law. Any indebtedness created, contract made or order or draft issued in violation hereof, shall be void and of no effect, and any money received thereon may be recovered from the person receiving the same by the fiscal body who created, made or issued the indebtedness, con- tract, order or draft. Any member of any such tribunal, or any officer or person, who in Tiolation of any of the provisions of this act shall expend any money, -or incur any debt or obligation, or make or participate in the making of any such contract, or be a party thereto in any official capacity, or issue or cause to be issued any such certificate, order or other evidence -of indebtedness, shall be personally liable therefor, both jointly and .severally, and an action may be maintained therefor by the state, or by any county, municipal corporation, district or person prejudiced thereby, in any court of competent jurisdiction. Any such member, officer or person who shall negligently or wilfully violate the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars, or be con- fined in jail not more than one year, or be both fined and imprisoned, .and in addition thereto shall forfeit his office. Whenever any court of competent jurisdiction by mandamus, injunction, or trial of any action at law, or other judicial proceeding, shall ascertain or determine that any member or officer has negligently or wilfully violated any of the provisions of this section, it shall enter an order declaring the office of such member or officer forfeited. Any taxpayer of the county, district, board of education or munici- pality, as the case may be, or the state tax commissioner, for the use and benefit of the county, district, board of education or municipality, as the case may be, may, in his name institute and prosecute to final judgment (including the right of appeal to the supreme court of the state, in any court having jurisdiction, proper action, suit, or pro- SCHOOL LAW or WEST VIRGINIA. 115 needing, against the individual members of a county court, board of education, municipal council, or other bodies in lieu thereof, to recover from them any moneys expended in violation of, or without authority of law. All moneys recovered in any such action, suit or proceeding- shall be paid into the treasury of the proper fiscal body to the credit of the proper fund. The plaintiff, in case he prevails, shall recover his costs against the defendants, including a reasonable attorney's fee to be fixed by the trial court, and included in the taxation of costs. Any such taxpayer, or the state tax commissioner, shall have the right to institute and prosecute to final judgment, any proceeding for the removal of any member of any county court, board of education, municipal council, or other bodies in lieu thereof, for expending public moneys in violation of, or without authority of law. Upon the filing -of a petition by such taxpayer, or the state tax commissioner, either in term or vacation, the court, or judge, shall set a time for hearing such petition. An attested copy of the petition, and specification of -charges therein contained, shall be served for a period of at least twenty days upon the defendants named therein, and no other plead- ing or notice of such proceeding shall be necessary. PUBLIC LIBEAKIES. Definitions. Sec. 1. The following words and phrases, wherever used in this act shall include and be taken to mean as follows : the word "munici- pality" shall include an incorporated city, a town, a county and a school district; "municipal authority" shall include the mayor and common council of a city, a town, or board of commissioners, or other corresponding authority thereof, county courts and boards of educa- tion of school districts and independent school districts; "public library" shall include public library and reading room; "chief executive authority" shall include mayor and city council or other corresponding authority in cities and towns ; and the county court and board of education in counties and school districts; "the directors of public library board" shall include the members of public library boards of cities, towns, counties and school districts established under this act. Levy- Upon Vote of People. - Sec. 2. The municipal authority of any municipality shall have 116 SCHOOL LAW OF WEST VIRGINIA. the power to establish, equip and maintain a public library, or take over and maintain and support any public library already established therein, for the use and benefit of the inhabitants of such municipality, and may levy an annual tax for the purpose of not more than one and one-half cents on the one hundred dollars, on all the taxable property in said municipality, such tax to be levied and collected in like manner as the general taxes of the municipality, which shall be kept separate in a fund to be known as the "library fund ;" provided, that when any municipality makes a levy for a municipality in which there is already a municipal library, and the said municipality does not join in the proposed library, the said municipality shall omit from the levy of the library tax all property within the limits of said municipality not joining in said proposed library; provided, further, that before estab- lishing any public library, or levying any tax therefor, the municipal authority shall submit the question to the voters of such municipality, and the majority of the voters voting thereon shall authorize the estab- lishment of such library, and the levy of such tax. The question shall be submitted at a general or special election, upon the order of said municipal authority or upon the petition, in case said municipal authority fail or refuse to do so, in writing, of twenty per centum of the qualified voters resident of the municipality and the election, when ordered, shall be conducted, held and returned in all respects as other elections; and the ballot used shall have written or printed thereon under the heading "public library question" the words in plain letters, "for public library," "against public library." And the munici- pal authority authority of said municipality shall give at least two weeks notice of said election by publishing notice thereof in one or more newspapers published in said municipality ; or, if none are there- in published, by like notice posted for a like period at each of the voting places in said municipality, and at five other public places for a like period, before said election, giving the date and object of the election. Appointment of Board. Sec. 3. Whenever such public library is established under this act, the chief executive authority of said municipality shall appoint a board of six directors, chosen from the citizens at large from said municipality, with reference to their fitness for such office. Such directors shall hold office for three years from the first day of July following their appointment, and until succeessors are appointed; but upon their first appointment they shall, at their first meeting, divide SCHOOL LAW OE WEST VIRGINIA. 11? themselves into three classes, so that one-third of the number shall hold office for a period of one year, one-third for two years, and one- third for three years. No person shall be ineligible to serve on said board by reason of sex. Vacancies in the board shall be reported to the municipal authorities, and filled by appointment in like manner as original appointments for the unexpired term. The municipal authorities may remove any director for misconduct or neglect of duty. No compensation shall be paid or allowed any director. The chief school officer of each municipality establishing a public library shall be ex-officio a member of its library board in addition to the six directors provided for herein. Powers of Board of Directors. Sec. 4. The directors of each public library established under this act shall, immediately after their appointment, meet and organize by electing one of their number as president, and one as secretary. A majority of all the members of any board shall constitute a quorum for the transaction of business. They shall make and adopt such by- laws, rules and regulations for their own guidance and for the govern- ment of the library as may be expedient and not inconsistent with this act. They shall have exclusive control of the expenditures of all the money collected for the library fund and for the construction of any library building or repairs thereto, and the supervision, care and custody of the grounds, rooms or building constructed, leased or set apart for the purpose; provided, that all money received for public library purposes, and deposited in the treasury of such municipality to the credit of the library fund, shall be drawn by the proper munici- pal officers upon the proper authenticated vouchers of the library board. Public library boards may, with the approval of the municipal authority, lease and occupy or purchase or erect an appropriate build- ing for the use of said library. They shall have power to appoint a suitable librarian and assistants, and prescribe rules for their conduct, and fix their compensation; and shall have power to remove such appointee, and, in general, to carry out the spirit and intention of this act in establishing and maintaining free public libraries for their respective municipalities. Use of Library. Sec. 5. Each library established under this act shall be free for the use of the inhabitants of the municiality where located, subject 118 SCHOOL LAW OF WEST VIRGINIA. to such reasonable rules and regulations as the library board may adopt and publish, in order to render the use of said library of greatest benefit to the greatest number ; and said board may exclude from the use of said library any and all persons whi shall wilfully violate such rules. The board may extend the privilege and use of said library to- non-residents of the municipality upon such terms and conditions- as said board may prescribe. Report of Library Board. Sec. 6. Each library board shall, on or before the first day of July in each year, make report to the municipal authority appointing it, stating the condition of the library property, the various sums of money received from the library fund, and all other sources, and how such money was expended, the number of books and periodicals on hand, the number added by purchase and gift, the number lost or mislaid, the number of books loaned out and the general character of such books, together with an itemized budget estimate of expense of the library for the ensuing year, with such other statistical informa- tion and suggestions as they may deem of general interest or that may be required by said municipality. Gifts, Devises or Bequests. Sec. 7. All persons desiring to make donations of cash or other personal property or real estate for the benefit of such library shall have the right to vest the title thereof in the library board created under this act, to be held in trust and controlled by such board accord- ing to the terms and for the purposes set out in the deed, gift, devise or bequest. Penalties for Injury to Property. Sec. 8. Any one who shall wilfully deface or injure any building or furniture, or deface, injure or destroy any picture, plate, engraving, map newspaper, magazine or book, or any object of art belonging to a public library, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than five dollars or more than fifty dollars, or by imprisonment not exceeding six months. The fine in each case shall be paid to the proper officer or custodian of the library fund to be used by such library as other money paid into its treasury. SCHOOL LAW OF WEST VIRGINIA. Penalties for Failure to Return Books. Sec. 9. Any person who shall wilfully detain any book, newspaper, magazine, pamphlet or manuscript belonginn to such library, or to any incorporated library, for thirty days after notice in writing from the librarian, after the expiration of the time such books, newspaper, magazine, pamphlet or manuscript may be kept according to the rules and regulations of said library, shall be liable for damages, to be recovered by said library board, by appropriate proceeding before a justice of the peace ; the recovery in each case to be paid to the proper officer or custodian of its funds; provided, that the notice required, hereby shall include a copy of this section. ABOLISHING THE COMMON DRINKING CUP. Provisions. Sec. 1. That the use of the common drinking cup, an undoubted 1 source of communication of infectious diseases, is hereby prohibited in all public places, upon all railroad trains and boats, carrying pas- sengers, in all public buildings of every description, and at public drinking springs and fountains within this state. The state board' of health shall have full authority to establish rules and regulations to make this prohibition effective, as in their judgment may seen* wise and proper. Penalties. Sec. 2. All person, firms or corporations failing to observe the provisions of this act, or the rules and regulations of the state board of health made in relation thereto, shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined not less than ten. nor more than fifty dollars for each offense. PROHIBITING THE USE OF CIGARETTES IN SCHOOL HOUSES AND ON SCHOOL GROUNDS. Sec. 4. Every person who shall smoke or use a cigarette or cigar- ettes in any school building or any buildings or such parts thereof as may be used for school purposes, or on any lands used for school purposes, shall be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not less than one nor more- than five dollars. 120 SCHOOL LAW OF WEST VIRGINIA. STATE DEPARTMENT OF HEALTH. The Legislature of 1915 passed an act creating a state department of health. The following excerpts from this act are given here because -of the references to schools and school buildings. Commissioner of Health Powers and Duties. Sec. 2. The commissioner of health shall be appointed by the governor, by and with the consent of the senate, and shall be a physician skilled in sanitary science, and experienced in public health administration. ******* jjj s Duties shall be to ***** inspect and report from time to time the sanitary condition of institutions, schools and school houses, public conveyances, dairies, creameries, slaughter houses, workshops, factories, labor camps, hotels, and places where offensive trades or industries are conducted : inspect and report the sanitary condition of streams, sources of water supply, and sewer- age facilities; endeavor to enlist the co-operation of all physicians, and volunteer health organizations in the improvement of public health; promulgate information to the general public in all matters pertaining to public health. ************ Inspectors and Examiners Powers and Duties. Sec. 4. Inspectors, examiners or other persons appointed by the commissioner of health may be appointed at such time or times as by him deemed necessary; and they shall act as representatives of the commissioner of health, and under his direction, shall secure the enforcement of the provisions of the public health laws and regula- tions, and shall have the right of entry into any workshop, public school, factory, dairy, creamery, slaughter house, hotel, or other place of business or employment, or any common carrier or public utility when in the discharge of official duties. Any person interfering with or attempting to interfere with any inspector, examiner or any other duly authorized employee of the commissioner in the discharge of his duties under this section shall be guilty of a misdemeanor and upon conviction fined not exceeding one hundred dollars. Public Health Council. Sec. 7. Whenever the character and location of plumbing, drain^ SCHOOL LAW OF WEST VIKGINIA. 121 age, water supply, sewers and disposal of sewage, garbage, or other waste materials of cities, towns and villages, offensive trades, hotels and labor camps; and the ventilation, warming, natural lighting and excreta disposal in public utilities, in public halls, churches, school houses, workshops, prisons and all other public institutions, are such as to endanger the public health, the public health council shall have power to make and enforce rules regulating the same. ******** Control of Tuberculosis Sanitarium. Sec. 11. The state department of health shall have the advisory medical supervision of the state tuberculosis sanitarium, and the state board of control shall have the control of the business and fiscal affairs thereof. The director of the division of preventable diseases under the supervision of the commissioner of health, shall encourage measures for the suppression of tuberculosis, such as clinics, camps, open-air schools, sanitaria, district nursing, anti-tuberculosis societies, diffusion of knowledge, and other means. APPENDIX B SCHOOL CALENDAR. JULY. 1. School year begins. (On or before) Sheriff settles with County Financial Secretary. (Before) Sheriff reports delinquent property. 1st Monday. Board of Education meets to determine number of teachers to be employed in their district and to fix salaries, etc. 4. Independence day. Legal Holiday. 3rd Monday. (or as soon thereafter as practicable) Trustees meet to employ teachers. 20. (On or before) Auditor notifies State Superintendent of the amount of the General School Fund. AUGUST. 1. (On or before) County Superintendent makes report to State Superintendent. 2nd Tuesday. Board of Education meets to ascertain the condition of the fiscal affairs of the district and to make up an itemized statement thereof. 2nd Tuesday. (On or before) Assessor certifies value of property to Secretary of Board and County Superintendent. 4th Tuesday. Board meets to consider objections to estimate and proposed levy and to lay levy. 4th Tuesday. (Within Three Days after) Secretary reports rate of levy. SEPTEMBER. 1. (Before) Auditor reports condition of School Fund to the Governor and the State Superintendent. 1st Monday Labor Day, Legal holiday. 15. First installment of General School Fund paid to Sheriff. OCTOBER. 1. (On or before) High School Aid Fund apportioned. 12. Columbus Day Legal holiday, but schools must assemble and hold appropriate exercises. NOVEMBER. Last Thursday. Thanksgiving Day Legal Holiday. 124 SCHOOL LAW OF WEST VIRGINIA. DECEMBER. 15. Second installment of General School Fund paid to Sheriff. 25. Christmas Legal Holiday. JANUARY. 1. New Year's Day Legal Holiday. (On or before) State Superintendent makes report to Governor. FEBRUARY. 12. Lincoln's Birthday Legal Holiday, but schools must assemble and hold appropriate exercises. 22. Washington's Birthday Legal Holiday. APRIL. 1. (On or before) Teachers take enumeration. 15. (On or before) Secretary transmits summary of enumeration to County Superintendent. MAY. 1. (On or before) County Superintendent forwards to State Super- intendent report of enumeration. 30. Memorial Day Legal Holiday. JUNE. 1. (On or before) State Superintendent appoints member of State Board of Education. 30. School year ends. t FOKMS AND INSTRUCTIONS. ORDER OF PROCEEDINGS AT THE FIRST, SECOND AND THIRD ANNUAL MEETINGS OF THE BOARD. FIRST MEETING FIRST MONDAY IN JULY. 1. Appoint a secretary. 2. Appoint trustees for each sub-district. 3. Determine the number of months the schools shall be taught in the district during the school year. 4. Determine the number of teachers that may be employed. 5. Fix the salaries of teachers according to the grade of certificate. 6. Estimate the number of teachers of each grade that will be employed. 7. Ascertain the whole number of months to be taught in the district by teachers of each grade. 8. May establish graded and high schools, change boundaries of sub-districts and provide for the erection of new buildings. 9. Appoint truant officer. SCHOOL LAW OF WEST VIRGINIA. 125 SECOND MEETING SECOND TUESDAY IN AUGUST. At this meeting the Board shall ascertain the condition of the fiscal affairs of the district and make up an itemized statement thereof setting forth: 1. The separate amounts due the building fund and the teachers > fund from all sources or to become due these funds within the current .fiscal year. 2. All debts and demands upon both funds owed by the district or to become due and payable within the current year. 3. All other expenditures to be made and payable out of each fund within the current fiscal year. 4. The separate amounts necessary to be raised for each fund and the proposed rates of levy. 5. The aggregate value of all taxable property in the district, stating separately the assessed value of real estate, personal property and property assessed by the Board of Public Works. A copy of the above statement shall be prepared and certified for publication as required by Section 21. The Board shall then stand adjourned until the fourth Tuesday in August. THIRD MEETING FOURTH TUESDAY IN AUGUST. The Board shall at this meeting transact the following business : 1. Hear and consider any objections made as provided for in Section 21, to their estimate and proposed levy. 2. Enter an order of record showing the objections made and the reasons for the same. 3. Eeconsider the original estimate and proposed rate of levy and correct the same if the objections appear to be well taken. 4. Enter of record the corrections made. 5. Lay the levy. The following calculations will be convenient for reference in mak- ing levies for school purposes : Number of teacheps to be employed in the district 20 Number of months to be taught during the year 6 Amount of money to pay all teachers (estimated) $ 5,160 This estimate is made as follows: 10 No. 1 grade teachers at $50 per rno 500 6 No. 2 grade teachers at $40 per mo 240 126 SCHOOL LAW or WEST VIRGINIA. 4 No. 3 grade teachers at $30 per mo 120 Monthly pay _ $ 860 Number of months . . 6 Total for term. $ 5,160 Deduct amount on hand including amount of general school fund (Est.) 1,880 Amount to be raised for teachers' fund $ 3,280 To ascertain the number of cents to be levied on every one hundred dollars' valuation of property in the district to raise $3,300 by taxa- tion, suppose the whole valuation in the district to be $1,200,000. EULE Drop the cents, if any, and add four ciphers to the amount in dollars to be raised by the levy, and divide by the amount in dollars taxable property. Example : 1,200,000 ) 3,300,000 ( 27y 2 cents 2,400,000 9,000,000 8,400,000 600,000 1,200,000 Similar calculations should be made in relation to the Building Fund. FOEM NO. I. FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF EDUCATION. OFFICE OF THE BOARD OF EDUCATION DISTRICT, IN THE COUNTY OF WEST VIRGINIA. At a meeting of the Board of Education held on the day of , 19 . ., there were present, president, and and ......... members of the board. On motion of , it is ordered that be, and he is hereby appointed Secretary of this Board. SCHOOL LAW OF WEST VIRGINIA. 127 On motion it is ordered that the following named persons be ap- pointed trustees in the following named sub-districts, for a term of three years, and until their successors are appointed and qualified : Trustee for Sub-District No. 1. Trustee -for Sub-District No. On motion of . , it is ordered that the salaries of teachers per month for the school year, shall be as follows, according to the grade of their certificates : For grade No. 1, $ ; f or grade No. 2, $ ; for grade No. 3, $ It is found by the board that in addition to the available funds now on hand, $ will be necessary for the payment of teachers'. salaries for the current year, and on motion of , it is ordered that a tax of cents on the one hundred dollars' valuation of the real estate and personal property of the district be levied for that purpose. (A similar order should be entered in relation to the levy for Building Fund.) On motion of , it is ordered that the president and secre- tary of this board be authorized to sign, in vacation, all proper orders for the payment of money out of the teachers' fund or the building fund, for the salaries of teachers employed and claims allowed by the board, and that they report the orders drawn on each fund, at the next meeting of this board. The secretary of this board made a report this day for the several orders drawn by him and the president, on the teachers' fund and the building fund, respectively, since the last meeting of the board, as follows : An order on the teachers' fund, in favor of , a teacher, for $ ; an order in favor of , a teacher, for $ ; also an order on the building fund, in favor of , f or work done on school house, for $ ; and an order, in favor of for furnishing wood for school house for $ On motion of , it is ordered that when in the opinion of 128 SCHOOL LAW OF WEST VIRGINIA. the president or of the two commissioners it is deemed necessary, the president or secretary may call a special meeting of this board. On motion the board does now adjourn. Secretary. President* FOEM NO. II. ORDER OF APPOINTMENT TO FILL A VACANCY IN THE BOAED OF TRUSTEES. [To be entered in records of the board.] There being a vacancy in the board of trustees in sub-district No. , in the district of , on motion of , it is ordered that be, and he is hereby appointed to fill said vacancy for the unexpired term, and till his successor shall be ap- pointed and qualified. Note This order of appointment should be entered in the record book of the board of education at a regular meeting and a copy of it signed by the secretary of the board served upon the appointee. FOEM NO. III. APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A VACANCY. OFFICE OF COUNTY SUPERINTENDENT, OF THE COUNTY OF , West Virginia, , 19 ... It having been made known to me that there is a vacancy in the board of education in district in my said county, I , county superintendent of said county, in pursuance of the authority vested in me by law, hereby appoint to fill the vacancy in said board until the next general election. , County Superintendent. FOEM NO. IV. CALL FOR SPECIAL MEETING. i OFFICE OF ) DISTRICT, ) COUNTY, W. VA. ) ,19.. It appearing to that a special meeting of the board of education of said district is necessary to transact business relating SCHOOL LAW OF WEST VIRGINIA. . 129 to and other matters, a meeting is hereby called at at o'clock M, 19 .. You are requested to be present. Secretary. To FORMS SUPPLIED BY STATE SUPERINTENDENT. Form ( Title of Form No. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Teacher's Daily Register (Sec. 98) Teacher's Permanent Register (Sec, 98) Teacher's Monthly Report to Board of Education (Sec. 99) Teacher's Monthly Report to Superintendent (Sec. 163) Permanent Grade Book (Sec. 126) Teacher's Report of Enumeration (Sec. 102) Secretary's Report of Enumeration (Sec. 104) County Superintendent's Report of Enumeration (Sec. 104) County Superintendent's Annual Report -(Sec. 123) Trustee's Annual Report (Sec. 63) Secretary's Annual Report (Sec. 51) County Superintendent's Certificate to Auditor of Apportion- ment of General School Fund Requisition on Auditor for General School Fund (Sec. 43) Requisition on Auditor for Corporation Tax Requisition on Auditor for High School Aid (Sec. 30 e) Teacher's Contract with School Trustees (Sec. 56) Teacher's Contract with Board of Education (Sec. 28) County Superintendent's Certificate to Secretary of amount of General School Fund (Sec. 42) County Superintendent's Certificate to Secretary of Amount of Corporation Tax County Superintendent's Certificate to State Superintendent of Valuations and Rates of Levies (Sec. 49) County Superintendent's Certificate to Auditor of Valuation and Rates of Levies (Sec. 49) Secretary's Certificate to County Superintendent of Valuation and Rates of Levies (Sec. 49) 130 SCHOOL LAW OF WEST VIRGINIA. Form No. 23 24 25 26-A 26-B 26-C 27-A 27-B 27-C 28-A 28-B 28-C 29 30 Title of Form County Superintendent's Order for Salary (Sec. 118) Secretary's Certificate to Auditor, Assessor, County Clerk and County Superintendent of Rates of Levies (Sec. 49) County Clerk's Notice of Delinquent List (Sec. 44) Compulsory Attendance Law, Form A (Sec. 73) Compulsory Attendance Law, Form B (Sec. 77) Compulsory Attendance Law, Form C (Sec. 76) Child Labor Law, Form A (App. A) Child Labor Law, Form B (App. A) Child Labor Law, Form C (App. A) Medical Inspection Law, Form A Medical Inspection Law, Form B Medical Inspection Law, Form C Pupil's Monthly Report Card (Sec. 126) Transfer of Pupils (Sec. 66) INDEX PAGE. SEC. Abstract of proceedings of board to be posted, where, when 33 46 Accounts and settlements to be made with reference to school year 9 1 Accounts, sheriff to keep with boards 67 138 Account of special debt levy to be kept separate 21 24 Account of institute expenses to be read 59 109 Action against school officers, when 22 25 Action of trustees may be revised. . 39 65 Action against sheriff 70 147 Acts prohibited 22 25 Additional levy : for districts with towns and cities having more than six months' term 18 21c in teachers fund to pay minimum salaries for minimum term 19 21c in districts maintaining high schools 19 21c for current expenses 19 22 when and how made 19 22 to pay interest on bonded indebtedness and provide sinking fund 20 22 vote upon 20 22 ballot for 20 22 Additional salary : may be paid by board of any district 23 28 Additional term : how provided for 23 27 ballot for 23 27 Advice and consent of county superintendent to purchase apparatus 14 13 Affidavit verifying report of enumeration 57 102 Age, legal of school attendance 40 69 of children admitted to kindergarten schools 29 34 of compulsory school attendance 41 72 minimum, of teachers 47 80 minimum, of applicants for certificates 49 85 Agents of the board of the school fund 73 155 Agent, no school teacher or officer to act as 79 156 Aggregate of taxable property to be set forth 17 21c Agriculture, elementary 46 78 Agricultural experiment station (see W. Va. University) Alcoholic drinks and narcotics ; nature of to be taught 46 78 Allowance to be made for delinquent taxes 17 21c Amendment, constitutional, concerning the school fund 7 Apparatus : to be purchased by board 14 13 to be kept in repair . 14 13 to be purchased only by advice and consent of county superin- tendent 14 13 for joint schools 16 18 definition of 81 161 value and kind of must be reported by trustees 38 63 Appeal to county superintendent, when 14 12 to circuit court, when 14 12 Applicants for certificates : minimum age of 49 85 132 INDEX. Applicants for Certificates Continued. PAGE. SEC. to receive statement of grades, when 49 86 to receive but two third grade certificates. ... 50 87 not to receive more than one certificate of same grade in one year 49 86 fee to be paid by 48 84 to be examined in what 49 87 (See also certificates.) Appointment : of secretary 33 45 of trustees 35 53' of teachers 36 56 of certain persons as teachers prohibited 37 of truant officers 41 73 of state board of education , 65 130 of district superintendent 81 163 of state board of control Appendix A 94 1 of members state book commission 73 155-a-I of physicians as medical inspectors 43 77-b-I of state board of regents Appendix A 104 17 Apportionment of general school fund 31-32 40-42 Approval of location and plans by county superintendent 15 14 Approval of trustees in transferring pupils 39 66 Appropriation : for examination of teachers 47 82 for high school aid 26 30-(d) for salary of state superintendent 63 124 Assessor : to make certificates of valuations to secretary and county superintendent, when 34 48 certificates of to serve as basis for school levy 34 48 rate of levy to be reported to by secretary 34 49 penalty upon, for what 34 50 Assistant examiners : number of, how determined 47 83 compensation of 48 Assistants in examination of manuscripts 49 86 Attendance at county institute required 58 106 Attendance at district institute, credit for u 59 111 Attendance at school, to whom permitted 40 69 Attendance, compulsory (See Compulsory Attendance.) Attorney General : to institute proceedings, when (See School Fund.) to prepare forms and instructions for certain elections 22 26 Auditor : part of examination fees to be sent to 48 84 part of institute fees to be sent to 59 109 to report condition of school fund, when, to whom 72 151 to deduct what from general school fund 31 40 to ascertain amount of general school fund to be distributed and report to state superintendent 32 41 report of valuation and levy to be made to by county super- intendent 34 49 August : second Tuesday in, second meeting of board 16 21 fourth Tuesday in, third meeting of board 17 21c Authority of Teachers 55 97 Balance in sheriff's hands turned over to successor 70 149 Balance from supplementary fund, if any, to revert to general school fund 18 21c Balance from special debt levy to revert to what 21 i,4 INDEX. 133 Ballot : PAGE. SEC. for vote on levy 16 20 for vote on additional levy to pay interest on bonds, etc. ... 19 for vote on extension of term 23 27 for vote on district high school 25 30 (a) Blanks to be prepared by state superintendent 64 126 Blanks and forms 124 Blind, West Virginia school for 92 Bluefield Colored Institute 92 Board of Education, the State (See State Board of Education.) Board of Education : how constituted 9 3 election of 9 3 term of 9 3 tie in vote for 10 4 vacancy in 10 5 oath of members of 10 6 a corporation 10 7 powers of as a corporation 11 7 liability as a corporation 11 7 process and notice may be served on 11 8 to receive, hold and dispose of what 11 8 to be deemed owner of what 11 8 title to property vested in 11 8 to obtain general warranty deed 11 8 to retain school property, when ; 12 10 to sell school property, when . . . . 12 10 to have control of schools 13 11 to determine number and location of schools 13 11 to establish graded schools when necessary 13 11 to establish high schools 13 11 to change boundaries of sub-districts 13 11 may increase or decrease number of sub-districts 13 11 to enter on minute book, boundaries of districts and sub- districts 14 11 shall close schools, when 13 11 to provide sites and buildings 14 13 to locate buildings with reference to convenience of pupils. 14 13 to improve school grounds 14 13 to provide furniture, etc 14 13 to keep furniture, etc., in repair 14 13 to obtain advice and consent of county superintendent before purchasing what 14 13 to have regard to what in construction of buildings 14 14 may condemn land 15 15 to cause schools to be taught 15 16 to employ teachers, when 15 16 may discontinue school, when 15 17 may provide building jointly 15 18 to hold title to joint building 16 18 to require bond of contractors 16 19 to hold meeting on second Tuesday in August 16 21 to ascertain condition of fiscal affairs in district and make up itemized statement 16 21 statement of to set forth what (a, b, c.) 17 21 to convene fourth Tuesday in August 17 21c to hear and consider objections to estimate and proposed levy 17 21c to enter order of record showing objections 17 21c to reconsider and correct estimate and levies, when 17 21c to lay levy after making corrections 17 21c may levy for support of high school 19 21c may enter an order relating to additional levy 19 22 134 INDEX. Board of Education. Continued. PAGE. SBC. to submit to vote question of additional levy 19 22 may lay additional levy for current expenses, when 20 22 may lay additional levy for interest on bonds, when 20 22 may continue to lay interest levy without additional vote, how long 20 22 shall publish notice of election for additional levy 20 23 may submit to voters question of special debt levy 21 24 may continue special debt levy 21 24 shall not expend money or incur indebtedness except as authorized by law 22 25 may extend term 23 27 shall submit question of longer term to vote, when 23 27 shall notify ballot commissioners of election for longer term 23 27 shall provide for extension of term, when 23 27 shall fix salaries of teachers at first meeting 23 28 shall fix number of teachers at first meeting 23 28 shall have regard for grade of certificate in fixing salaries 23 28 may lay additional levy when necessary 24 28 shall extend term in graded schools, when 24 29 may pay more than minimum salaries to teachers 23 28 may pay additional salary to teachers in graded and high schools 23 28 must submit to vote question of district high school 25 30 to publish notice concerning district high school election .... 25 30 shall pay tuition of high school pupils, when 27 30-a may hold meetings' when 28 32 may transact what business at a special meeting 28 32 may do official business when only 28 32 quorum of 28 32 compensation of 29 33 to attend county teacher's institutes. 29 33 to prescribe qualifications of kindergarten teachers 29 34 may provide free text-books 29 35 may purchase books for school libraries under certain re- strictions 30 37 may borrow money and issue bonds, when, for what purpose. . 30 39 must submit question of bond issue to vote 30 39 shall appoint secretary, when 33 45 shall appoint trustees, when 35 53 to furnish trustees with record books 35 53% may remove teachers for what 37 58 may declare teachers' contract void, when 37 58 may remove trustees 36 54 trustees to make report to concerning what 38 63 shall pay expenses of trustees, when, from what fund 3'8 64 to have supervision of trustees 39 65 may revise action of trustees, when 39 65 shall pay for tuition of transferred pupils 39 67 may abolish sub-districts and consolidate schools, when 39 68 to establish schools for colored youth 40 70 may be compelled by mandamus to divide funds 40 71 shall appoint truant officers 41 73 to pay truant officers, when 42 77 to pay for taking enumeration, when 57 103 presidents to elect county superintendent in case of vacancy. . 61 116 account to be kept with by sheriff 67 138 not to be interested in contracts 80 158 penalty upon for failure to perform duty 80 159 may purchase flags and have them displayed 81 162 may provide for district supervision ; shall when 81 163 INDEX. 135 Board of Education. Continued. PAGE. SEC. may take entire charge of schools so supervised 82 164 may establish public library, when 115 1-9 Board of examiners, State (See State Board of Education.) Board of public works, shall transfer funds from state fund to general school fund, when 31 40 Board of Control (See State Board of Control) Board of Regents (See State Board of Regents.) Board of the School Fund (See School Fund.) Bond : of county superintendent 60 115 additional, of sheriff 67 137 may be required of agents of board of school fund 73 155 required of contractor 16 19 Bonded indebtedness, constitutional provision 5 8 additional levy to pay interest and redeem bonds 19 22 Bonds : outstanding, levy for to be continued 20 22 may be issued in any district or independent district 30 39 payable when 30 39 interest on must be provided, for 30 3D limitation concerning 30 39 question of must be submitted to vote and must receive three- fifths of all votes cast 30 39 Books, School Text (see text-books.) Books, Free Text (see free text-books.) Books for School Libraries : may be purcuased by board 30 37 maximum amount to oe expended for 30 37 must be selected from list prescribed by state superintendent 30 37 state superintendent to prescribe list of 65 129 Boundaries of Sub-Districts : may be changed 13 11 to be recorded in minute book 13 11 Branches in which teachers examined 49 87 Building and repairing school houses ; bond for 16 19 Buildings (See School Houses.) Building Fires (see fires.) Building Fund: compensation for sweeping house, etc., paid out of 38 61 expenses of trustees paid out of 38 64 fines paid into 41 72 expense of conveyance of pupils payable out of 40 68 compensation for institute attendance paid out of 58 106 fines for violation of compulsory attendance law credited to. . 42 76 compensation of truant officers paid out of 43 77 compensation for taking enumeration paid out of 57 103 amount in, due to, to be raised for, to be set forth in state- ment 16 21a demands upon to be set forth in statement 17 21b expenditures from to be set forth in statement 17 21c levy for 17 21c maximum rate of levy for 18 21c Business may be transacted by board, when 28 32 Cadet Corps (See West Virginia University.) Calendar, the school 123 Capitation Tax : constitutional provision concerning 4 proceeds of to go to general school fund 31 40 Certificate, Assessors : to county superintendent 34 48 136 IXDEX. Certificate, Assessors. Continued. PAGE. SEC. to serve as basis for levy 34 48 to secretary 34 48 Certificates of proficiency in reading circle course . 59 112 Certificates ; Teachers : grade of to determine salaries 23 28 required of kindergarten teachers 29 34 to be endorsed by secretary 36 57 to be presented to board of education 36 57 to* be filed with secretary 36 57 grades of 49 87 valid in what schools ; include what subjects 49 87 all matters relating to under control of state superintendent 47 81 high school 51 90 special 53 92 short course 51 88 normal school 51 89 supervisors' 52 91 state life 54 93 emergency ' 54 94 to be signed by state superintendent 49 86 to be countersigned by county superintendent 49 86 fees 48 84 how revoked 55 96 duration of 49 87 renewal of elementary (See also Renewal) 50 87 third grade issued but twice to same applicant 50 87 only one of same grade to applicant in one year 49 86 applicants to receive statement of grades when 49 86 state superintendent and county superintendent to keep register of 49 86 immorality or neglect of duty on part of persons holding, to be reported 55 " 96 may be issued to persons coming from other states, when .... 51 81-92 (S*ee also Examination of Teachers.) Change in boundaries of sub-districts 13 11 Charges against sheriff's account , 67 139 Child Labor Law : children under fourteen years of age not to be employed, etc., Appendix A. 109 1 commissioners of labor " 109 1 children under sixteen years of age to be em- ployed, etc ' 109 2 employment certificates " 110 2 fines for violations " " 111 3 prosecutions for violations ' 111 4 Cigarettes, use of on school grounds prohibited 119 4 Classes of youth enumerated 57 102 Classification of high schools 25 30 Clerk of county court : to certify name and address of county superintendent 61 115 to call meeting of presidents to appoint county superinten- dent ; when, where 61 116 vouchers and statements of sheriff to be returned to 68 141 to keep record of settlement with sheriff 69 142 penalty upon ; for what 34 50 levies to be reported to ; constitutional provision 7 Collection of money due school fund 73 154, 155 Collegiate Institute, the West Virginia 88 graduates of to receive certificates, when 51 89 Colored Institute, the Bluefield.. 92 INDEX. 137 Colored Schools (See Schools for Colored Youth.) PAGE. SEC. Colored Teachers : normal training for 87 188 (See also Schools for colored Youth.) Colored Youth : not to be taught with white ; constitutional provision 8 not to be taught in same school or building with white pupils 40 70 board to establish schools for 40 70 funds to be divided in proportion to number of 40 71 (See also Schools for Colored Youth.) Commission, state school book 73 155 a I Commissioners School (See Board of Education.) Commissions, sheriff's 69 144 Commissions, of agents for school fund 73 155 Committee on course of study 65 131 Common Drinking Cup, abolishment of 119 1 Compensation : of president and members of board 29 of school librarian 30 38 of secretary for report 35 52 of assistant examiners 47 83 for taking enumeration ; when paid 57 103 for attendance at county institute 58 106 of institute instructors 59 108 of county superintendent for conducting examinations 61 118 of state board of education ' 66 133 of agents for school fund 73 155 for building fires ; to be paid from what fund 38 61 of truant officers ; how and when paid 42 77 of state school book commission 73 155 a I Complaint against parent or guardian (Compulsory Attendance.) may be made by any resident or teacher 41 73 truant officers shall make, when 41 73 Complaint concerning action of trustees 39 65 Compulsory Attendance : to whom applicable 41 72 who responsible for violation of -*_^- 41 72 penalty for violation of 41 72 fines for violation of to be credited to what 41 & 42 72 & 76 an offense ; what constitutes 41 72 exemption from 41 72 truant officers to enforce 41 73 (See also Truant Officers.) Condemnation of land for school purposes 15 15 Condition of school houses to be reported by trustees 38 63 Consent of county superintendent necessary to purchase what. ... 14 13 Consolidation of schools 3'9 68 Constitutional provisions concerning the school system. 3 Contagious diseases (see also Medical Inspection) 55 97 Contingent expenses of state superintendent' office 31 40 Continuation of special debt levy 21 24 Contract, Teachers' : must be filed with secretary 36 57 may be declared void, when 37 58 understanding in concerning holidays. . .'. 37 59 Contracts for the conveyance of pupils . 40 68 Contracts for books (see Text-Books.) Contracts, school officers not to be interested in 80 158 Control of schools 13 11 Control of uniform examinations 47 81 Conveyance of pupils , 40 68 138 INDEX. Conveyance of Pupils. Continued. PAGE. SEC. expenses of , 40 68 contract fo? 40 68 Corporation : the board of education to be a 10 7 powers of as such 10 7 liability of as such 10 7 Correction of sheriff's settlement (S"ee Sheriff.) Correction of levy may be made, how ; when 17 21c Cost of joint schools (See Joint Schools.) County court, sheriff to make settlement with 68 142 County Financial Secretary (See Financial Secretary) County Institutes (See Institutes, County.) County officers, subject to indictment ; constitutional provision ... 4 County Superintendent : constitutional provision for 6 to give deciding vote, when 10 4 to fill vacancy in board 10 5 to hear appeals in what case 14 12 to serve notice on secretary of meeting to hear appeal 14 12 may reverse or correct action of board, when 14 12 to approve locations and plans of buildings, when 15 14 to apportion general school fund to district 32 42 to notify board of amount due from general school fund 32 42 to issue requisition for general school fund, when 32 43 rate of levy to be reported to by secretary 34 49 to report rate of levy to clerk of county court and assessor. 34 49 to report rate of levy and valuations to state superintendent and auditor 34 49 penalty upon for what 34 50 secretaries to make report to 34 51 to designate place of holding examination 47 81 to open examination questions, how 48 85 to seal all packages of manuscripts and forward to state super- intendent 48 85 to furnish information to state superintendent. . 48 85 to debar certain persons from examination 49 85 to keep register of certificates 49 86 guilty of misdemeanor ; when ; penalty for 54 95 shall vacate office, when 54 95 *> to report immorality or neglect of duty on part of persons holding certificates 55 96 to conduct examinations 47 83 to appoint assistant examiners ; how many ; compensation of . . 47 83 to collect examination fees 48 84 to pay assistant examiners and other expenses of examinations 48 84 to make itemized report of examination collections and dis- bursements ; to whom 48 84 shall take receipts for all money expended in examinations. 48 84 shall countersign certificates 49 86 to transmit to state superintendent summary of enumeration 58 104 may excuse teachers from attending institute, when only. ... 58 106 to prevent teachers from teaching, when 58 106 to arrange for county institutes 58 107 to remit part of institute fees to auditor 59 109 shall make report to state superintendent of institute enroll- ment and fees expended 59 110 to arrange for and conduct district institutes 59 111 election of 60 113 term of office of 60 113 1 to notify state superintendent of his election 60 113 INDEX. 139 County Superintendent. Continued. PAGE. SEC. tie in vote for ; presidents of boards to appoint 60 114 oath of ; when taken 60 115 to execute bond 60 115 name and address of to be certified by clerk to state super- intendent 61 115 vacancy in office of ; how filled 61 116 qualifications of 61 117 salary of ; how determined 61 118 compensation for conducting examinations 61 118 may engage in teaching 1 ; when only 62 118 to report number of schools visited 62 119 deductions from salary of 62 119 payment of salary of 62 120 report of ; delay in making 62 120 to visit schools ; when ; for what purpose 62 121 to examine school buildings and equipment 63 122 to report incompetency, neglect of duty, etc 63 122 to receive and revise reports of secretaries 63 123 to make annual report to state superintendent 63 123 not to be interested in contracts ; penalty 80 158 ex-officio county financial secretary 70 149-8 County supervision, constitutional provision 6 Course of study, committee on 65 131 Course of study, manual of 46 79 Course of study for reading circles 59 112 Court of competent jurisdiction may declare office vacant, when. 22 25 Credit for attendance at district institute 59 111 Credits to sheriff's account 67 139 Current expenses, additional levy for 19 22 Daily registers 56 98 Deaf and Blind, West Virginia Schools for 92 Debt ; constitutional provision for 5 Debt levy, special (See Special Debt Levy.) Decrease or increase in number of sub-districts 13 11 Deed, general warranty for school sites 11 8 Deed, agents may execute, when (see school fund) 73 155 Deductions from salary of county superintendent 62 119 Deductions from general school fund 31 40 Definition of terms used in this chapter 80 161 Delay in making county superintendent's report; penalty 62 120 Delinquent lists shall be returned 32 44 Delinquent taxes and contingencies to be allowed for in statement 17 21c Destruction of free text-books, pupils responsible for 30 36 Diplomas : kindergarten teachers' 29 34 to be issued by state superintendent 46 79 Disagreement of board as to location and plans 14 14 Discontinuance of school, when 15 17 Discontinuance of district high school 28 31 Diseases, contagious or infectious (See also Medical Inspection).. 55 97 Distribution of general school fund 31 40 District : definition of 80 161 constitutional provision 4&7 to be sub-divided 9 2 independent, constitutional provision 8 every magisterial district a school district 9 2 present districts and sub-districts to remain until changed by law 9 2 140 INDEX. District High School : PAGE. SEC. may be established by vote of people 25 30 notice of election for to be posted 25 SO shall be discontinued, when 28 31 District Institutes (See Institutes, District.) District Supervision : board may establish ; shall establish, when 81 163 board to establish rules and regulations for 81 163 superintendent, appointment of 81 163 salary of superintendent 82 163 to make reports 82 163 board may take charge of schools so supervised 82 164 Division : of districts 9 2 of expenses in case of transferred pupils 39 67 of funds with colored schools 40 71 Drinking cup, common, abolishment of 119 1 Drunkenness : persons addicted to debarred from examination 49 85 revocation of certificates because of 55 96 Duration of certificates 49 87 Duties : of state tax commissioner and attorney general 22 26 of state superintendent 64 126 of county superintendents (See County Superintendent.) of district superintendents 81 163 of board of education (See Board of Education.) of secretary of board 33 45 of board of the school fund 72 152 of the state board of education 65 130-134 of truant officers 41 73 of teachers (See Teachers.) of sheriff (See Sheriff.) of clerk of county court (See Clerk of County Court.) teachers exempt from 56 97 % of assessor 34 48 & 49 Election : special 80 160 for extension of term ; notice of to be published 23 27 for levies, how held 20 23 on question of district high school 25 30 on question of. bond issue 30 39 Election of board of education 9 3 Election of county superintendent 60 113 Election laws, general, to apply in special elections 20 22 & 23 Elementary certificates (See Certificates.) Elementary agriculture 46 78 Emergency certificate 54 94 Employer guilty of misdemeanor, when 42 74 Employment of children (See Child Labor Law.) Employment of children in mines App. A. Ill 26 Endorsement of teachers certificate by secretary, required 36 57 Endorsement of orders by sheriff 69 145 Enforcement of compulsory attendance 41 73 Enumeration : distribution of school fund according to 31 40 of pupils transferred 39 66 to be taken and reported by teacher 56 101 register to be returned or salary withheld 56, 57 100, 102 to include what 57 101 to be taken in what classes 57 102 INDEX. 141 Enumeration. Continued. PAGE. SEC. report to be delivered to secretary, when 57 102 report to be verified by affidavit 57 102 secretary to have taken, when 57 103 compensation for taking ; when, from what fund 57 103 record of to be kept by secretary 57 104 record to be sent to county superintendent 57 104 summary of to be sent to state superintendent 57 104 Enrollment fee ; county institute 59 109 Equipment of schools to be examined 63 122 Estimates of improvements and repairs, to be made to board by trustees 38 63 Estimate of amount to be raised by additional levy 19 22 Estimate of amounts needed and necessary levies 17 21c objections to must be heard 17 21c Examination and graduation of pupils 46 79 Examination of buildings by county superintendent 63 122 by trustees , 37 60 Examination in reading circle course 59 112 Examination of Teachers : in kindergarten schools 29 34 time and place of 47 81 all matters relating to under control of state superintendent. . 47 81 county superintendent to designate place of 47 81 expenses of ; from what fund paid ; limit of 47 82 to include what subjects 49 87 applicants to receive highest grades 49 87 who to be debarred from , 49 85 manner of conducting 49 85 grades of certificates issued from 49 87 fraud in connection with ; penalty for 54 95 assistants for ; number of ; compensation of 47 83 persons to oversee may be appointed by state superintendent. . 47 83 fees for ; how disposed 01' 48 84 for special certificates 53 92 for high school certificates 51 90 for supervisors' certificates 52 91 compensation of county superintendent for conducting T: ;.... 61 118 Examination fees 48 84 Examination questions, state board of education may assist in preparing 66 131 Exceeding maximum rate of levy ; penalty for 22 25 Exclusion of pupils ; when ; by whom 55 97 Excuse from institute attendance 58 106 Exemption : of school property from execution, etc 11 9 from application of compulsory attendance law 41 72 of teachers from certain duties 56 97% Expenditures : current ; additional levy for 19 22 unlawful by board, penalty for 22 25 Expense : divided in case of transferred pupils 39 67 of conveyance of pupils 40 68 Expenses : of state superintendent's office ; how provided for 31 40 traveling, of state superintendent 31, 64 40, 124 of trustees x . 38 64 of examination of teachers 47 82 of conducting uniform examinations 48 84 of institutes 59 IQS 142 IXDEX. Expenses. Continued. PAGE. SEC. of state board of education 66 133 of members state board of control Appendix A. 94 1 of members state board of regents ' 104 17 Experiment Station, the West Virginia (See West Virginia University.) Expulsion of pupils ; when ; by whom 55 97 Extension : of school term 23 27 of term in graded schools 24 2& Failure : of trustees to employ teachers 15 16 of sheriff to pay orders 69 145 of sheriff to make settlement 70 146 of financial secretary to settle 70 148 Fees : institute enrollment 59 109 tuition (See Tuition Fees.) uniform examination ; how disposed of, etc 48 84 Filing certificate with secretary 36 57 Financial Secretary County : county superintendent ex-officio county financial secretary .... 70 149-a duties of 71 149-6 office, supplies and compensation 71 149-c sheriff to report condition of funds to 71 149-d failure to settle with sheriff, penalty. 70 148 secretary of board to deliver orders to 33 45 settlement with sheriff 67-69 139-143 Fine : against county financial secretary 70 148 against school officers for excessive expenditures, etc 22 25 for violation of compulsory attendance law; paid to sheriff.. 41,42 72,76 against employers for what 42 74 against county superintendent ; for what 54 95 against persons tampering with questions, etc 55 95 against sheriff ; how recovered 70 147 against school officers and teachers, acting as agents, etc 79, 80 157, 158 for certain offenses, against officers and teachers 80 159 for failure to perform certain duties 34 50 for violation of child labor law Appendix A 111 3 Fires, Building of in Schools : under direction of trustees 38 61 compensation for 38 61 to be paid for from building fund 38 61 Fiscal affairs, statement of 16 21 Flags displayed 81 162 Floating indebtedness ; how provided for 21 24 Forfeitures of sheriff (See Sheriff.) Forfeitures and fines to go to what fund 31 40 Forfeiture of office 22 25 Forms and blanks ; state superintendent to prescribe 64 126 Forms and Instructions 124 Forms of Instructions : to be prepared by tax commissioner 22 26 to be prepared by attorney general 22 26 to be prepared by state superintendent 64 126 (See also Appendix B.) Fraud in Examinations : on part of county superintendent ; penalty for 54 95 on part of other persons ; penalty for ^. . . 55 95 Free instruction, to whom granted 40 69 Free Schools; (See Schools.) INDEX. 143 Free Text-Books : PAGE. SEC. board may purchase 29 shall enter of record order to purchase 29 35 secretary to have charge of 29 35 teachers to distribute and have control of 29 36 secretary to take receipt for from teachers 30 36 teachers to collect and deliver to secretary 30 36 pupils to be held responsible for injury or destruction of 30 36 to be purchased directly from publishers, contract with 30 36 Fund, the Building (See Building Fund.) Fund, the General School (See General School Fund.) Fund, (See School Fund.) Fund, the Teachers' (See Teachers' Fund.) Fund, Supplementary (See Supplementary Fund.) Fund, Sub-District (See Sub-District Teachers' Fund.) Funds, to be divided with colored schools 40 71 Furniture : to be provided 14 13 to be kept in repair 14 13 for joint schools (See Joint Schools.) General S'chool Fund : sum due from to be deducted ; when 17 21c to be made up from what 31 40 shall be apportioned and distributed according to what 31 40 to be used for what 31 40 auditor to deduct what 31 40 not to be less than seven hundred and fifty thousand dollars 31 40 transfer to from state state fund may be made ; when and by whom 31 40 may be made one million dollars ; when 31 40 auditor to ascertain amount of to be distributed and report same to state superintendent 32 41 state superintendent to ascertain proper share of due to each county 32 41 can not be drawn by board until when 32 42 requisition for to be made, when 32 43 payable to counties in two installments 32 43 expenses of uniform examinations paid from 47 82 General supervision of schools ; constitutional provision 5 Gifts to institutions accepted by board of control. .. .Appendix A 103 15 Girl's Industrial Home 92 Governor : state superintendent to make report to 64 127 to lay before legislature auditor's report of condition of school fund 72 151 to appoint various boards (See under each State institution.) Grades of uniform certificates 49 87 Graded Schools : may be established by board 13 11 definition of 80 161 extension of term in ; manner of 24 29 cost of extension of term in not to exceed what 24 29 proceeds of levy for to be known as "sub-district teachers fund" 24 29 Grading of manuscripts 49 86 Grades of certificates 49 87 Graduates of Certain Schools : to receive certificates of first grade on graduation, without examination 51-53 88-92 Graduation of pupils 46 79 Grammar school, definition of 80 161 Grounds to be improved 14 13 144 IXDEX. PAGE. SEC. Harboring children unlawfully 42 74 Health, Commissioner of to inspect school houses 120 2 to enforce public health laws and regulations 120 4 High School : definition of 80 161 how established 25 30 a levy for ^. . . .' 19 21c levy for riot to exceed what 19 21c classification of 26 30-& state aid for 26 30. 33 45 may be administered by secretary ; for what purpose 34 47 } of trustees 35 53 ' of county superintendent 60 115 > of members of board of control Appendix A 94 1 of office ; constitutional provision 3 Objections to estimate and proposed levy 17 21-c Objections to sheriff's settlement (See Sheriff.) ,( Obligation unlawfully incurred by board ; penalty for 22 25 Offense against compulsory attendance law 41 72 Officers of board of school fund 72 152 7 Officers, county, subject to indictment ; constitutional provision . . 4 Officers, school (See School Officers.) Order of proceedings at annual meetings of board. .. .Appendix B 124 , "" I 148 INDEX. PAGE. SEC. Order for purchase of free text-books to be entered of record 29 35 Orders : outstanding, may be paid by special levy 21 24 for teachers' salary ; drawn by whom ; signed by whom 56 99 paid by sheriff, when 67 138 failure of sheriff to pay 69 145 Outstanding bonds 20 22 Overseers for examination may be appointed 48 83 Parent or Guardian : to be notified, when 41 & 45 73 & \ . b VI complaint against 41 73 Payment : of teachers 56 99 of salary of county superintendent 62 120 of school orders 67, 69 138, 145 in excess by sheriff 68 140 of orders by sheriff may be enforced by mandamus 72 150 of bonds 30 39 of tuition required of whom 40 69 Penalty : against employer, when (STee also Child Labor Law) 42 74 for violation of compulsory attendance law 41 72 upon county superintendent for committing fraud in examina- tions 54 95 upon county superintendent for failure to make report 62 120 for tampering with examination questions and manuscripts. . 55 95 upon sheriff ; for what 69 145 for acting as agent 79 157 for being interested in contracts 80 158 not otherwise provided 80 159 upon board of education for unlawful expenditures, etc 22 25 upon board of education for exceeding maximum rate of levy. . 22 25 upon assessor, clerk of county court, secretary, or county superintendent, for what 34 50 Personal property ; taxes levied on to be extended on proper book 34 49 Petition : for longer term 23 27 for longer term in graded schools 24 29 for discontinuance of district high school 28 31 for district supervision 81 163 for librarian for school library 30 38 Place and time of holding examinations 47 81 Plans and Location for School Building : to be approved by county superintendent 14 14 to be selected by county superintendent, when 14 14 Poll books and tally sheets for special election to be furnished by whom 21 23 Power of legislature to levy ; constitutional provision 4 Powers of board as a corporation 10 7 Preparatory Branch of the West Virginia University at Mont- gomery 87 Preparatory P.i-anch of the West Virginia University at Keyser. . . 88 President of Board of Education : election of 9 3 to examine houses and sites 12 10 compensation of 29 33 to attend county teachers institutes 29 33 to sign teachers' orders 56 99 to appoint county superintendent, when 60, 61 114, 116 Primary Teachers' Certificate . . ., 53 92 INDEX. 149 PAGE. SBC. Primary school, definition of 80 161 Principals to report cases of truancy 42 75 Proceedings of board, abstract of 33 46 ( Proceeds of special debt levy not to be used for other purposes. ... 21 24 Proceeds of sale of property to be added to building fund 12 10 Process : may be served on board 11 8 copy of to be delivered to whom 11 8 < Professional certificates (See State Professional Certificates.) Prohibition concerning appointment of teachers 37 58 Prohibition of certain acts, applying to board 22 25 ! Property : exempt from execution 11 9 to be inspected ; may be sold 12 10 title to, in whom vested 12 9 a I sale or conveyance of 12 9 a II aggregate of to be set forth in statement 17 21e taxable to be classified in statement 17 21c personal, to be listed separately 17 21c assessed by B. of P. W. to be listed separately 17 21-c Prosecuting Attorney : j may require correction in sheriff's settlement 69 143 to proceed against sheriff, when 70 147 Provisions as to certain funds 21 24 Provisions must be made for interest on bonds 30 39 . i Publication of order calling special election 20 23 Pupils : |. to be held responsible for injury or destruction of text-books. . 29 36 ; transferred ; where enumerated 39 66 ; transportation of 39 68 examination and graduation of . . 46 79 colored (See Colored Youth.) under control of teacher, when, where 55 97 ; may be excluded, when 55 97 { may be suspended, when, by whom 55 97 may be expelled, when, by whom 55 97 Purchase of certain supplies by trustees 38 61 Qualifications : of kindergarten teachers 29 34 of trustees 35 53 > of institute instructors 58 107 of county superintendent 61 117 of state superintendent 63 124 { Questions for Examinations : preparation and transmission of 48 85 : state board of education to assist in preparation of, when. ... 65 13*1 tampering with ; unlawful possession of ; penalty 54 95 Quorum : of board of education 28 32 of trustees 35 53^ } Rates of Levy : maximum for teachers' and building funds 17 21c to be set forth in statement 17 21c to be reported by secretary, when, to whom 3*4 49 Reading Circles : state superintendent to prescribe course for ; in what subjects 59 112 examination in course of 59 112 certificates of proficiency in 59 112 ' 150 INDEX. Real Estate : PAGE. SEC. to be listed separately 17 21c taxes levied on to be extended on proper book 34 49 Receipt for amounts expended in examination 48 84 Reconsideration and correction of estimate and levies 17 21c Record : of objections to estimate and levies 17 21c trustees, of proceedings 35 53 % of enumeration 57 104 of teachers' certificates 49 86 of sheriff's settlements with county court 68 142 of proceedings of board of school fund 72 152 Record, Secretary's: to be signed by whom 33 45 to be delivered to successor 33 45 Recovery of fine against sheriff 70 147 Regents, State Board of (See State Board of Regents.) Register of Certificates : : state superintendent's 49 86 county superintendent's 49 86 Registers and reports, teachers' 56 98 Regulations : concerning school libraries 30, 115 38, 1-9- concerning use of school houses 38 62 concerning the uniform system of examinations 47 81 Relationship exclusion 37 58 Removal : of school officers 22 25 of trustees from office 3"6 54 of teachers 37 58 of members of state board of control Appendix A 94 1 of members of state board of regents ' 104 17 from office ; constitutional provision 4 Renewal : of first grade certificates 49 87 of high school certificates 51 90 of supervisor's certificate 52 91 of short course certificate 51 88 of normal school certificate 51 89 of special certificates 53 92 of state professional certificates 66 132 Repairs : of furniture, apparatus, etc 14 13 of school building, bond for 16 19 Repairs and improvements, estimate of, trustees 38 62 Report : auditor's concerning the general school fund 32 41 concerning rate of levy ; secretary's ; county superintendent's 34 49 of trustees to board ; to show what 38 63 of expenses trustees 38 64 ' teacher's, principal's and superintendent's to truant officer. 42 75 of immorality or neglect of duty on part of teachers 55 96 j of collections and disbursements on account of uniform examinations 48 84 of secretary must be made before salary is paid 35 52 of teacher to secretary 56 98 of enumeration 56 100 of schools visited, county superintendent's 62 119 of state superintendent, to include what 64 127 ' of state board of education 66 134 1 of auditor concerning condition of the school fund 72 151 INDEX. 151 Report Continued. PAGE. SEC, of district superintendent 81 163 of levies ; constitutional provision 7 of board of regents Appendix A 106 20 Report, County Superintendent's : delay in making ; penalty for 62 12O made up from what 63 123- Report, Secretary's : to whom made 35 51 . when made 35 51 compiled from what 3'5 51 Reports to be made with reference to school year 9 1 Requirements for primary teacher's certificate 53 92 Requirements for high school teacher's certificate 51 90 Requisition for general school fund made by board 32 43 Requisitions, state superintendent to sign 64 125 Residence of state superintendent 64 125 Restrictions concerning purchase of books for school libraries. ... 30 37 Return of delinquent lists 32 , 44 Review of teacher's action, when, by whom 55 97 Revision of action of trustees 39 65 Revocation of certificates 55 96 Rules and regulations for district supervision 81 163 Salary : of state superintendent 63 124 of district superintendent 81 163 of members state board of control Appendix A 94 1 of members state board of regents " 104 17 of employes state board of control 97 7 Salary of County Superintendent : how determined 61 118 deductions from 62 119, 120 payment of 62 120 for fourth quarter not payable until when 62 120 Salary of secretaries of district boards : to be paid from what 35 52 to be paid how and when 35 52 Salary of teachers : to be discontinued, when 15 17 may be fixed above minimum, when 23 28 board to fix at first meeting 23 28 regulated by grade of certificate 23 28 minimum for each grade of certificate 23 28 may not be transcended or diminished 23 28 paid how '. 56 99 balance of not paid until when 56 100 additional (See Additional Salary.) Sale of school property 12 10 Saturday cot a school day 37 59 School : definition of 80 161 attendance at permitted to whom 40 69 Schools : to be provided for by legislature ; constitutional provision . . . . , 5 to be taught 15 16 may be discontinued, when 15 17 joint (See Joint Schools.) graded (See Graded Schools.) not to be kept open on Saturdays or holidays 37 59 to be visited by trustees 37 60 consolidation of 3D 68 graded and high ; subjects taught in 46 78 152 INDEX. Schools Continued. PAGE. SEC. money for ; collected and disbursed by sheriff 67 137 for deaf and blind (See West Virginia School for Deaf and Blind.) State Normal (See State Normal Schools.) School calendar Appendix B 123 -Schools for Colored Youth : must be established 40 70 shall have share of fund 40 71 board may be compelled by mandamus to divide funds with. . 40 71 School Board (See Board of Education.) School Books (See Text-Books.) School Book Commission (See Text-books.) School Districts (See Districts.) School Fund, the General (See General School Fund) School Fund, the : constitutional provisions concerning 6 constitutional amendment concerning 7 income from to go to what 31 40 auditor 'to report condition of 72 151 the board of ; duties of ; officers of 72 152 meetings of board of, to be held where 72 152 record of proceedings of board to be kept 72 152 -meetings may be held when 73 153 collection of money due 73 154 board of may appoint agents to collect claims 7:: 155 board to require bond of agents v 7:; 1 " agents to execute deed, when 73 155 compensation of agents 73 155 School grounds to be improved 14 13 .School Houses : to be retained, when ; to be sold, when 12 10 number and location of 13 11 to be located with reference to what 14 13 for joint schools (See Joint Schools.) exempt from execution 11 9 may be provided jointly 15 18 rto be kept in order by trustees 38 61 may be used for what 38 62 -regulations for use of 38 62 'to be examined 63 122 School Law : to be published by state superintendent 04 126 interpretation of 65 128 School Libraries (See Libraries and Books for Libraries.; School Librarian (See Librarian.) -School Officers : not to be interested in sale of books ; constitutional provision 8 oath of ; constitutional provision 3 rremoval of ; constitutional provision 3 terms of ; constitutional provision 3 guilty of misdemeanor 22 25 personally liable, when 22 & 113 25 & 9 not to act as agents 79 156 not be interested in contracts 80 158 penalties against 79 & 80 157-159 "School Property (See Property.) School Term (See Term.) School Year : begins and ends when 9 1 accounts and settlements made with reference to 9 1 INDEX. 153 PAGE. SEC. Seal, State Superintendent's 64 125 Secretary of Board : oath of members of board filed with 10 6 to make record of corrections and levy 17 21 c to furnish poll books, etc., -for special election 20 23 to post notices of election for extension of term 23 27 to have charge of free text-books 29 3t> to take receipt from teachers for free text-books 29 36 board shall appoint, when 33 45 shall not be a member of board 33 45 shall take oath 33 45 shall attend all meetings and keep record 33 45 record of attested by his own and president's signatures 33 45 records of shall be open to inspection 33 45 to have charge of all records and papers 33 45 records of and documents to be delivered to successor 33 45 shall deliver orders to county financial secretary 33 45 shall post abstracts of proceedings of each meeting, where, ' when 3'3 46 shall post itemized statement of settlement with sheriff, where, when 33 46 may administer oath to whom 34 47 assessor shall deliver certificate of valuation to, when 34 48 to report rate of levy when, to whom 34 49 penalty upon ; for what 34 50 to make statistical report ; when ; to whom 35 51 salary of. . . ,.| 35: 52 compensation for report 35 52 teacher's contract shall be filed with 36 56 teacher's certificate shall be filed with 36 57 teacher's certificate to be endorsed by 36 57 shall return expense account of trustees for correction, when 38 64 truant officers to make statement to 42 76 to issue orders for teachers' salary 56 99 teachers' term report returned to 56 100 report of enumeration to be filed with 57 102 to deduct from teacher's salary, when -. 57 102 to have enumeration taken, when 57 103 to keep record of enumeration 57 104 to transmit record of enumeration to county superintendent 57 104 Service of Process 11 8 Security ; contractors to give 16 19 Settlement : to be made with reference to school year 9 1 with sheriff, statement of to be posted by secretary 33 46 of sheriff with county financial secretary 67 139 of sheriff with county court 68 142 Sheriff : general school fund paid to order of 32 43 to collect and account for taxes 3'4 49 to receive tuition fees and credit to teachers' fund 40 69 truant officer to make statement to 42 76 fines to be paid to 42 76 to collect and disburse all school money 67 137 to give additional bond 67 137 to keep accounts with boards of education 67 138 to pay orders, when 67 138 to make annual settlements with county financial secretary.. 67 139 to be charged with what 67 139 to be credited with what 67 139 not to receive credit for payments in excess 68 140 154 INDEX. Sheriff Continued. PAGE. SEC. method of making settlement 68 141 vouchers and orders of to serve as basis for settlement 68 141 to make settlement by districts with county court 68 j.42 corrections in settlement of may be made at the instance of whom 69 143 settlement of with county financial secretary may be accepted by county court, when 69 143 commissions of 69 144 failure of to pay orders ; judgment and penalty 69 145 shall not be required to endorse orders before, when 69 145 failure of to settle ; forfeiture for 70 146 action against 70 147 to turn over balance to successor 70 149 to report condition of funds 71 149 d may be compelled to pay orders by mandamus 72 150 Sinking fund, may be provided for ; when ; how 19 22 Sites and buildings to be provided by board 14 13 Special Debt Levy : board may submit question of to voters 21 24 limit of 21 & 112 24 & 8 board may continue without additional vote until debt is paid 21 & 112 24 & B proceeds of not to be used for any other purpose 21 & 112 24 & 8 treasurer of, to keep account of separately 21 & 112 24 & 8 balance from to revert to what 21 & 112 24 & & orders to be listed 112 8 for indebtedness created previous to 112 8 laid only upon consent of tax commissioner 112 8 Special Election : order for to be published 20 23 for extension of term 23 27 manner of holding, etc 80 160 State may maintain action against school officers 22 25 State Board of Control : creation of Appendix A a corporation " how constituted " " appointment of " " how and for what removed " " salary of members " " expenses of members " " offices and fixtures " to give entire time to duties " to manage and control certain institutions " " titles vested in ' " " money due institutons reported to " to appoint a secretary and clerks " " salaries of employes of " " to keep a set of books to examine conditions and records of institutions to visit institutions to summon witnesses " " to fix number and compensation of assistants and employes of institutions " "99 9 to investigate charges against employes " " 99 9 to recommend removal of certain officers " " 99 9 to fix salaries of officers and employes " " 99 9 to pay salaries when " " 99 9 to make rules for its conduct " " 100 10 to purchase supplies . . " " 100 11 to publish and award contracts " " 100 11 94 1 94 1 94 1 94 1 94 1 94 1 94&95 1&2 94 1 94 1 95-96 3&4 96 5 97 6 97 7 97 7 97 7 97 7 98 8 98 8 INDEX. 155 State Board of Control Continued. PAGE. SEC. to determine kind of animals to be slaughtered.. " 100 11 to inspect meats, poultry, etc " 100 11 to have no interest in contracts or gifts " 100 11 to forfeit office when " 100 11 to employ architects " 101 12 to construct, remodel and repair buildings " 101 12 to prescribe records to be kept " 102 13 to make report to governor ' " 103 14 governor may direct to make investigation " 103 14 to accept gifts for institutions " 103 15 to have charge of insurance of institutions " 104 16 to report list of employes to auditor " 106 21 State Board of Education : of whom composed ; appointment of 65 130 to perform duties of state board of examiners 65 131 to constitute committee on course of study 65 131 to prescribe and publish branches for examination for certain certificates 65 131 to assist in preparation of examination questions, when 65 131 compensation of 66 133 may renew or convert professional certificates 66 132 to recommend certificates to teachers 53 92 to keep a record showing what 66 134 to make report to state superintendent 66 134 State Board of Examiners (See State Board of Education.) State Board of Regents : creation of Appendix A 104 17 a corporation " " 104 17 how constituted " " 104 17 appointment of " " 104 17 removal of members of " " 104 17 salary of members ' 104 17 to control educational departments ' 105 18 to employ officers and teachers ' 105 18 to fix salaries " " 105 18 to prescribe courses of study and text books ' 105 19 to publish rules and regulations ' 105 19 to meet with board of control " " 105 19 to make report to governor " " 106 20 to furnish data to state superintendent of schools " 106 20 to report list of employes to auditor " " 106 21 governor may require additional duties of " " 107 22 State Normal Schools 85 constitutional provision 8 Marshall College 85 177 Fairmont Branch 85 181 West Liberty Branch 86 182 Glenville Branch 86 183 Shepherdstown Branch 86 184 Athens Branch 87 185 State Professional Certificates: validity of 66 132 renewal of 66 132 State School Book Commission (See Text Books.) State Superintendent: to withhold money from general school fund, how much and for what purpose 17 21c to deposit money with treasurer of board, when and for what purpose 17 21c salary of paid from what Note 64 124 traveling expenses of not to exceed what ; paid from what. ... 31 40 156 INDEX. State Superintendent Continued. PAGE. SEC. contingent expenses of office of, paid from what 31 40 to apportion general school fund to counties . 32 41 to notify auditor and county superintendent of apportionment of general school fund 32 41 report of valuations and levy to be made to by county superintendent 35 51 to prepare manual of course of study 46 79 to see that teachers follow manual 46 79 to provide for examination and graduation of pupils 46 79 to issue diplomas 46 79 to have control of all matters pertaining to examination of teachers 47 81 to prepare and transmit questions 48 to prescribe manner of conducting examinations 48 to examine manuscripts 49 86 to issue certificates ; of three grades 49 86 to satisfy himself as to identity of applicants for certificates 49 86 may revoke certificates when and for what 55 96 to renew first grade certificates 49 87 to give statement of grades to applicants for certificates ; when 49 86 to keep register of certificates issued 49 86 may appoint overseers for examinations 47 report of examinations to be made to 48 84 to issue certificates to certain graduates 51 89 may issue emergency certificates 54 94 to issue high school certificates, when . . 51 90 to issue certificates in special subjects, when 53 92 to issue state life certificate, when 54 93 to appoint institute instructors 58 107 list of persons enrolled in county .institute to be sent to 59 110 statement of institute expenses to be sent to 59 110 to prescribe reading circle courses 59 112 to provide for examination in reading circle courses 59 112 to issue certificates of proficiency in reading circle courses... 59 112 to issue requisition for county superintendent's salary 62 120 county superintendent to make report to 63 123 qualification of ; term of 63 124 salary of Note 64 124 expenses of ; how provided for 63 124 residence of 64 125 shall provide a seal 64 125 to sign requisition on auditor for what 64 125 duties of 64 126 report of ; to include what 64 127 to give interpretation of the school law 65 128 to prepare and publish list of books suitable for school libraries 65 129 to be member of state board of education 65 130 to appoint five members of state board of education 65 130 auditor to make report to concerning condition of school fund 72 151 State Tax Commissioner shall prepare certain forms and instruc- tions 22 26 Statement : of special levy for bonds to be printed on ticket 19 22 of settlement with sheriff posted by secretary ; where, when . . 33 46 truant officer's 42 77 of grades issued to applicants for certificates, when 49 86 of institute expenses 59 110 Statement of Fiscal Affairs : to set forth what (a, b, c) 16 21 copy of to be published 16 21c allowance to be made in for delinquent taxes 17 21-c INDEX. 15' Statement of Fiscal Affairs Continued. PAGE. SEC. to state separately value of personal property, real estate and property assessed by B. of P. W 17 21c forms and instructions for to be prepared by state tax commissioner 22 26 Statistical report of secretary 35 51 Sub-Districts : creation of 9 2 present, to remain until changed by law 9 2 change in boundaries and number of 13 11 may be abolished, when 39 68 Sub-District Teachers' Fund, how provided for 24 29 Sub-Division of district 9 2 Subjects, teachers to be examined in what 49 87 for primary certificates 53 92 Subjects Taught: in ungraded schools . 46 78 in graded and high schools 46 78 Sum due from general school fund to be deducted from what 17 21c Summary of Enumeration (See Enumeration.) Summary, Teacher's Monthly (See Report.) Superintendent : State (See State Superintendent.) County (See County Superintendent.) District (See District Supervision.) to report to truant officers .' 42 75 Supervision : district 81 163 general ; constitutional provision 5 county ; constitutional provision 6 and control of trustees 39 state superintendent charged with I 64 126 Supplementary Fund : to be deposited with treasurer of board 17 21c to be deducted from general school fund 17 21c not to exceed $90,000 17 21c to be divided between building and teachers' funds, how 17 21c to be used when and for what purpose 17 21-c balance from if any to revert to general school fund 17 21c to be deducted from the general school fund 31 40 Supplies, trustees may purchase 38 61 Support of Free Schools, constitutional provision 7 Suspension of pupils 55 Sweeping school house 38 61 System of Free Schools to be provided by Legislature 5 Tally sheets, etc., for special elections, furnished by secretary 20 Tampering with examination questions and manuscripts ; penalty for 54 95 Tax: capitation ; constitutional provision 4 direct annual for interest on bonds 30 39 Taxes : county, constitutional provision 5 delinquent 32 44 amount of levied to be extended on property books 34 49 (See also Levies.) Taxable Property ; aggregate of to be set forth 17 21c Tax Commissioner to prepare forms and instructions 22 26 Teachers : may be dismissed and school discontinued, when 15 17 number of to be employed to be determined, when 23 28 158 INDEX. Teachers Continued. PAGE. SEC. kindergarten, qualifications for 29 34 to distribute and have control of free text-books. 29 36 to collect text-books and return to secretary 29 36 appointment of, 36 56 must hold certificate 36 56 must present certificate to trustees 36 57 must file certificate with secretary 36 57 must have certificate endorsed by secretary 36 57 may be removed for what 37 58 shall not receive salary, when 37 58 to report what to truant officers 42 75 to give instruction in what subjects 46 78 to follow course of study prescribed in manual 46 79 to be examined in what subjects 47 82 exempt from certain duties 56 97% to keep daily registers and make monthly reports 56 98 to keep term registers 56 98 to include what in registers and reports 56 98 payment of 56 99 to return term report to secretary 56 100 to take and report enumeration 56 101 to receive credit for attending district institute 59 111 to be encouraged to form reading circles 59 112 not to act as agent 79 156 colored ; normal training for 87 188 in state schools, how employed Appendix A 105 18 Teacher's Authority : to have control of children, how long 55 97 may exclude whom from school 55 97 action of may be reviewed by trustees . 55 97 Teachers' Certificates (See Certificates.) Teachers' Fund : levy for t. 17 21c maximum rate of levy for 17 21c the sub-district . 24 29 tuition fees to be credited to 40 69 may be supplemented (see supplementary fund.) Teachers' Institutes : county (see institutes, county.) district (see institutes, district.) Teachers' Salaries (See Salary of Teachers.) Teaching, county superintendent may engage in, when 61 118 Term, the school : leng'th of 17 21c extension of 23 27 Term of Office : to be prescribed by legislature : constitutional provision 3 of board of education 9 3 of trustees 35 53 of county superintendent 60 113 ' of state superintendent 63 124 | Term reports and registers 56 98 to be returned to secretary 56 100 | Text-Books : old law still in force 82 165 state book commission created 73 155 a I j appointment of members of state book commission 73 155 a I compensation of members of state book commission 73 155 a I oath of office of members of state book commission 73 155 a I contracts for books from July 1, 1911, to July 1, 1912.... 74 155 a II meetings of state school book commission 74 155 a III INDEX. 159 Text-books Continued. samples to be submitted ......................... ...... bids and proposals .................................... adoption of books ..................................... change in books ...................................... contracts to be executed .............................. bond by contractors ................................... prices of books to patrons .............................. county superintendent to be notified .................... supply of books placed by contractors ................... exchange of books .................................... violation of book contracts by teacher ................... certain boards may choose books for their districts ........ no discrimination in prices in other states ............... lists of adopted books to be sent to county superintendents by contractors .................................... use of unauthorized books, to whom reported, penalty ..... state of West Virginia not liable to terms of contracts ..... appropriation for expenses of state book commission ...... members of book commission not to accept gift, penalty... Tickets for special election ................................ Tie in Vote : for members of board ................................. for county superintendent .............................. Time and Place : of holding examinations .... ........................ -. . . . of holding county institutes ........................... Title to school property vested in board ..................... Title to joint school buildings ............................. Transfer of Pupils : provision for ............ ............................. expense of to be divided .............................. Transfer from state fund to general school fund, when ........ Transmission of questions and manuscripts .................. Transportation of Pupils (See Conveyance of Pupils.) Treasurer for special debt levy to keep account separately ..... Truancy (see compulsory attendance.) Truant Officer : shall be appointed, when .............................. to enforce provisions of compulsory law ................. shall use due diligence to ascertain violation of law ....... to give written notice to parent or guardian, when ...... to make complaint against parent or guardian, when ...... not required to give notice in subsequent offences ........ teachers, principals and superintendents to report to ...... shall render itemized statement to secretary and sheriff. ... compensation of ; how paid ............................ Trustees : may not transcend or dimmish salaries .................. may appoint librarian for school library .................. board shall appoint, when .............................. term of office ......................................... to be notified of appointment immediately ................ to take oath, when .................................... no one of may transact business by himself ............ quorum .............................................. meetings ............................................. shall keep a record of their acts ...................... may be removed from office ; how, by whom ............... vacancy in office of, how filled ......................... shall appoint teachers ; when ............. .............. shall make contract with teachers ; how ................. PAGE. SEC. 74 155 a III 74 155 a III 155 a IV 155 a IV 155 a IV 155 a V 155 a VI 155 a VI 155 a VII 155 a VII 155 a VII 155 a VII 155 a VIII 77 78 78 78 79 20 10 60 47 58 11 15 39 39 31 48 21 41 41 41 41 41 41 42 42 42 23 30 35 35 35 35 35 35 3'5 35 36 36 36 36 155 a IX 155 a X 155 a XI 155 a XII 155 a XIII 23 4 114 81 105 8 18 66 67 40 85 24 73 73 73 1 73 73 73 75 76 77 28 38 53 53 53 53 53% 531/3 53 V 2 53% 54 55 56 56 160 INDEX. Trustees Continued. PAGE. SEC. teachers' certificates to be presented to 36 56 shall not appoint certain persons 37 58 shall visit schools, when 37 60 shall do what when visiting schools 37 60 shall cause school house to be kept in order 38 61 may purchase what 38 61 shall have house swept and fires built 38 61 may allow school houses used for what 38 62 to prescribe regulations for use of houses 38 62 to furnish estimates of improvements and repairs to board. . . 38 63 to make report to board showing what 38 63 shall keep itemized account of expenses 38 64 shall file expense account with secretary ; when 38 64 under supervision of board 39 65 actions of subject to revision of board 39 65 shall transfer pupils, when 39 66 may review action of teacher, when 55 97 may expel pupils, when 55 97 not to be interested in contracts ; penalty 80 158 Tuition : high school, to be paid when 27 30-a to be paid by whom 40 69 to be paid to whom 40 69 not to exceed what 40 69 to be credited to teacher's fund 40 69 Union Schools (see joint schools.) University, the West Virginia 82 Unlawful expenditures by board ; penalty for 22 25 Unlawful possession of examination questions 55 95 Use of school houses may be granted ; for wnat purposes 38 62 Vacancy : in office of trustee ; how filled -. 36 55 in office of county superintendent. 61 116 Vacancy in Board of Education : to be filled how 10 5 to be declared, when 22 25 Validity : of elementary certificates 49 87 of short course certificates 51 88 of normal school certificates 51 89 of high school certificates 52 90 of supervisors certificates 53 91 of special certificates 53 92 of state life certificates 54 93 of emergency certificates 54 94 Value and kind of apparatus to be reported by trustees 38 63 Valuation of Property : estimate of 17 21c board to levy upon 17 21c assessor's certificate of ; to secretary, to county superintendent 34 48 Verification of enumeration by affidavit 57 102 Violation of law by school officers ; penalty for 22 25 Violation of compulsory school law 41 72 of child labor law Appendix A 111 3 Visits to schools by trustees 37 60 to state institution by members state board of control. .App A 98 8 Visitation of schools, county superintendents 62 121 Volumes in library ; number of to be reported by trustees 38 63 Vote : for members of board ; tie in 10 4 on levy 16 20 INDEX. 161 Vote Continued. PAGE. SEC. on additional levy for current expenses 19 22 on additional levy to pay interest on bonds 19 22 on question of longer term 23 27 on district high school 25 30 must be had on question of bond issue 30 39 for county superintendent ; tie in 60 114 Vouchers and orders, sheriff's (see sheriff.) Warranty deed to be secured by board 11 8 West Virginia Collegiate Institute : act creating, etc 88 204 graduates of to receive certificates, when 51 88 & 89 West Virginia Industrial School for Boys 92 West Virginia Industrial Home for Girls 92 West v irginia Schools for the Deaf and the Blind 92 West Virginia University 82 graduates of to receive certificates, wnen 52 90 Preparatory Branch of at Montgomery 87 Preparatory Branch of at Keyser 88 White and Colored Pmpils : constitutional provision -. 8 statutory provision 40 70 Year, the school (see school year.) Youth : enumeration of (See Enumeration.) colored 40 70 UNIVEESITY OF CAL1FOBNIA LIBRARY, BERKELEY tt is .nade 320770 UNIVERSITY OF CALIFORNIA LIBRARY