UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY eul^ti^A-^^y rf^^u^Z-J t . IH V SCHOOL DIRECTORS' U I D E TEACHERS R°°" R> "LOS ANGELES PUBUC M»*» J 3J~U /"» / wCO I / cy-i cc PREPARED BY THE STATE BOARD OF EDUCATION SANTA FE. N. M. 19 12 PR*S8 OP THE MORNING JOURNAL ALBUQUERQUE. N. M. 1012 5 hleu> M 50 fe ^ FOREWORD This is the second edition of the School Directors' Guide, the first having been issued in 1910. Comparatively few changes have been made as nearly all the laws affecting schools passed by the 1912 legislature constitute new legislation. These laws twelve in number are published in full in Part I. of this pamphlet. As the first edition met with an appreciative re- ception at the hands of county superintendents, school officers and teachers, I hope that this edition will answer until this department has the necessary funds for a more comprehensive publication of this nature. I bespeak your hearty cooperation in carrying out the letter and spirit of all laws and regulations in conducting our public schools. Very truly yours, ALVAN N. WHITE, Superintendent of Public Instruction. Santa Fe, N. M.. Nov. 1, 1912. 794611 CALENDAR Board of Directors at the time of organizing in May should fix some day (for example, the last Saturday of each month upon which the directors should meet regularly.) January. The first day of January is a legal holiday. On or before the first Monday all fines collected for violation of the penal laws payable to the county or district school fund must be paid the county treasurer. On or before the third Monday the county superintendent shall apportion school funds among the districts of the county. February. On the first Monday, school district clerks shall post at least four copies of the list of persons in the district liable to pay poll tax. The 12th day of February (Lincoln's birthday) may be ob- served by the schools as a legal holiday. The 22nd day of February (Washington's birthday) may be observed by the schools as a legal holiday. March. On the second Monday in March, school directors shall post notices of election for school directors. Notices for election for issuing bonds may be posted at the same time. April. On the first Monday in April, election for school directors shall be held. Elections for issuing bonds may be held at the same time. On or before the first Monday, all fines payable to the county or district school fund shall be paid to the county treasurer. On or before the first Monday, clerks of school boards shall report to the count}' clerk and the county superintendent lists of persons paying poll tax and list of persons failing to pay poll tax. On the third Monday, county superintendents shall appor- tion school funds. 6 school directors' guide May. On the first Monday, the term of office for school directors begins. On or before the first Monday, directors shall make estimate of tax levy. On or before the first Monday, the oath of office of school directors shall be filed with the county superintendent. June:. On or before the first day of the month, the directors shall certify to the county commissioners an estimate of the amount of funds necessary for ensuing year. The scholastic year ends June 15th, statistical reports from school directors made by the clerk shall be filed in the office of the county superintendent within ten days thereafter. July. On or before the first Monday, all fines payable to the county or district school fund shall be turned over to the county treasurer. The fourth day of the month is a legal holiday. On Or before the third Monday the county superintendent shall apportion the county school funds among the districts. August. . On or before the first day of the month, the county com- missioners shall levy 1-2 mill state tax. 3 mills county tax and all special district taxes. On the first Saturday, the county superintendents must be in attendance at the county seat for the transaction of official business. September. On or before the first day of September, school directors shall make an enumeration of all unmarried persons between the ages of 5 and 21 years. On or before the first day of September, directors shall post compulsory attendance notices. On the first Saturday, the county superintendent shall be in attendance at the county seat for the transaction of official business. October. On or before the first Monday all fines payable to county SCHOOL DIRECTORS GUIDE 7 or district school funds shall be turned over to the county treasurer. On the first Saturday, the county superintendent must be in attendance at the county seat for the transaction of official business. The twelfth day of the month is a legal holiday. On the third Monday, the county superintendent shall ap- portion the county school funds. November. On the first Saturday, the county superintendent shall be in attendance at the county seat for the transaction of official business. December. . The 25th day of December is a legal holiday. SOURCES OF THE COMMON SCHOOL FUNDS (Laws of 1912 are found in this book; others in 1909 Compilation. ) 1. Sale or Lease of Common School Lands. Sec. 78, Chap. 82,- L. 1912. 2. Income from forest reserves, Chapter 119, L. 1909. 3. State Tax. Sec. 1, Chap. 51, L. 1912. 4. County Three Mill Levy. Sec. 9, Chap. 51, L. 1912. 5. Special Levies. Chap. 51, L. 1912. 6. Poll Taxes. Sec. 1549 to 1551, C. L. 1897. Sec. 5, Chapter 27, L. 1901. Chapter 61, L. 1905. Chapter 196, L. 1907. 7. Licenses. Sees. 4125, 4141, 4144, 4145, 4146, 4147, 4148, 4149, 4152, C. L. '97. 8. Delinquent Taxes. Chap. 77, L. 1912. 9. Fines! According to Sec. 1548 of the Compiled Laws of 1897, amended by Chapter 119, Sec. 17, of the Session Laws of 1903, 33 1-3 per cent of the following should be applied to the schools : The proceeds of all sales of intestate estates which escheat to the State. All forfeitures or recoveries on bonds of county, precinct, or State school officers. The proceeds of lost goods. All moneys arising from licenses imposed upon wholesale and retail liquor dealers, distilleries, breweries, wine presses, which may pay licenses or may hereafter be required to pay license. The full amount collected from the below enumerated sources will be applied to the school funds. SCHOOL DIRECTORS' GUIDE 9 Violation of the gambling laws, Chap. 64, Sec. 3, Laws of 1907. Breaking into school house — Sec. 113. C. L. 1897; $50 to $100. Illegal enclosure on public lands — Sec. 12 ( 'X. C. L. 1897; not less than $10.00. Illegal sale of drink of liquors on election day — Sec. 1272. C. L. 1897; $25.00 to $100.00. Illegal use of firearms— Sec. 1389, C. L. 1897; $50.00 to $300.00. Infraction of Sunday Laws— Sec. 1369, C. L. 1897; $5.00 to $50.00. Opium or Hop joints maintenance — Sec. 1263-65, C. L. 1897; $25.00 to $250.00. Refusal to furnish list of persons liable to poll tax — Sec. 2, Chap. 96. L. '07 ; $25.00 to $100.00. Saloon Keepers liable to, when — Sec. 1268, C. L. 1897; $10.00 to $100.00. Turning cattle loose on range occupied by others — Sec. 128, C. L. 1897; $100.00 to SI. 000.00. Interference with County Surveyor's official duties — Sec. 791, C. L. 1897; $5.00 to $10.00. Occupying public lands under pretext of a deed — Sec. 1298, C. L. 1897; not less than $10.00. Illegal obstruction of streets — Sec. 2h77, C. L. 1897; $5.00 to $10.00. PART I. LIST OF SCHOOL, LAWS PASSED BY THE FIRST STATE LEGISLATURE. INDEX. (The school laws passed by the first state legislature are printed in full in this pamphlet. All previous laws will be found in the 1909 compilation). Page Columbus Day (Session Laws, Chap. 10) 10 Districts May Borrow Money for Erecting or Furnishing School Houses and Purchasing Site ( Chap. 13) 11 Alcoholic Drinks and Narcotics, Study Nature of (Chap. 29) 11 State Poard of Education, Terms of Members (Chap. 37) 12 History and Civics of New Mexico, Instruction in (Chap. 41) 13 City Boards of Education, Election of Members (Chap. 43) 13 School Revenues (Chap. 51) 14 Industrial Education (Chap. 52) 17 County High Schools (Chap. 57) 19 Las Vegas, Investment of Permanent School Fund (Chap. 64) 21 Delinquent Taxes (Chap. 77) 22 Appropriations for State Department of Education and Educa- tional Institutions (Chap. 83) 23 CHAPTER 10. An act to provide that the twelfth day of October shall he a Legal Holiday, and shall be called Columbus Day; House Bill No. 65 became law by Constitutional Limitation. Be it Enacted by the Legislature of the State of New Mexico: Section 1. That to commemorate the discovery of America by Christopher Columbus, the twelfth day of October shall SCHOOL DIRECTORS' GUIDE 11 hereafter be a legal holiday, and shall be known as Columbus Day. CHAPTER 13. An Act to Enable School Districts to Borrow Money for the Purpose of Erecting and Furnishing School Buildings and Purchasing School Grounds. House Bill No. 123 Ap- proved May 29, 1912. Be It Enacted by the Legislature of the State of New Mexico : Section 1. That every school district, whether organized under the name of "school district" or under the name of "board of education," shall have power and authority to bor- row money for the purpose of erecting and furnishing school buildings and purchasing school grounds, but such power or authority shall exist only when the proposition to create the debt shall have been submitted to the qualified electors of the district, and approved by a majority of those voting thereon. No such school district shall ever become indebted in an amount, including existing indebtedness, exceeding six per centum on the assessed valuation of the taxable property within the district as shown by the preceding general assessment. Sec. 2. All laws relating to issuing and payment of bonds, interest thereon, and elections to authorize the same, shall be and remain in force as though this act had not been passed, except the provisions of said laws which are in conflict with the provisions of this act. CHAPTER 29. An Act to Provide for the Study of the Nature of Alcoholic Drinks and Narcotics and of their Effects Upon the Human System. Soiate Substitute for Senate Bill No. 41 Approved June 8, 1912. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That the nature of alcoholic drinks and nar- cotics, and special instruction as to their effects upon the human system, in connection witli the several divisions of the subjects of physiology and hygiene, shall be included in the branches of study taught in the public schools, and shall be studied and taught as thoroughly and in the same manner as other like required brandies are in said schools, by the use 12 school directors' guide of text books in the hands of pupils where other branches are thus studied in said schools, and by all the pupils in all said schools throughout the state. Sec. 2. Adequate time and attention shall be given to in- struction in this branch of study in the state educational in- stitutions, in the New Mexico Reform School at Springer and in all teachers' institutes, and competent lecturers on this sub- ject shall be secured for teachers' institutes. Sec. 3. That it shall be the duty of the proper officers in control of any school or institution described in the foregoing sections to enforce the provisions of this act ; and any such officer, school director, superintendent, or teacher, who shall refuse or neglect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the in- struction required and in the manner specified by this act, for all the pupils in each and every school or institution under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. Sec. 4. That no certificate shall be granted to any person to teach in the public schools who has not passed a satisfactory examination to enable him to properly teach the branches of study provided for in this act. Sec. 5. All Acts and parts of Acts in conflict herewith are hereby repealed. CHAPTER 37. An Act to Fix the Terms of Office of the Members of the State Board of Education Other Than the Governor and Superintendent of Public Instruction. Senate Bill No. 188 Approved, June 8, 1912. Be It Enacted by the Legislature of the State of New Mexico : Section 1. That the term of office of the members of the State Board of Education, required to be appointed by the Governor, shall be four years, and until their successors qualify except that the term of such members first appointed shall expire on the second Monday of January after the next gen- eral election. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. SCHOOL DIRECTORS GUIDE 13 CHAPTER 41. An Act to Encourage the Instruction in the History and dries of the United Stales with Special Reference t<> the His- tory and Civics of /he State of New, Mexico. Senate Bill Xo. 169, (as amended ). Approved June 8, 1912. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That hereafter no teacher of the first and second grades shall be granted a certificate to teach, by the Board of Education of the State of New Mexico, unless said teacher shall have passed a satisfactory examination in the History and Civics of the United States, as well as the History and Civic> of the State of New Mexico. Sec. 2. It shall be the duty of the teachers in the public schools in the State to give such instruction as is practicable in the History and Civics of the United States with special reference to the History and Civics of the State of New Mexico, which said instruction may be given orally or by study of text books covering the subject and which said text bock- shall have been adopted by the State Board of Education. • Sec. 3. The said History and Civics of the State of New Mexico shall be prepared by a known historian of the State and shall be sold at a price to be fixed by the State Board of Education not to exceed one dollar per volume. Sec. 4. This act shall be in full force and effect from and after the time prescribed by the Constitution of New Mexico. CHAPTER 43. An Act Providing for the Time of Election, and Fixing the Number of Members of the Board of Education in Incor- porated Cities. Senate Substitute for Senate Bill No. 94. Ap- proved June 8. 1912. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That the board of education in each incor- porated city -hall consist of five members, who shall have the qualifications provided by law for members of boards of edu- cation in such cities, and who shall be elected at large from such city, except as hereinafter provided. Sec. 2. The qualified electors of such city and of the ter- ritorv outside of .said city attached thereto for school pur- poses, shall, on the first Tuesday of April, in the year. 1913. 14 school directors' guide elect five members of the board of education, two of whom shall hold this office for a term of two years and three of whom shall hold their office for a term of four years, and thereafter a regular election of members succeeding those whose terms expire, shall be held on the first Tuesday of April of each odd numbered year. Sec. 3. The election herein provided for shall be held, the returns thereof made and canvassed, and the certificates of election issued in accordance with the laws applicable to elec- tions of officers of incorporated cities, except that no regis- tration shall be required. Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed. CHAPTER 51. An Act Regarding the Revenues for the Public Schools, and Repealing Section 25 of Chapter 97, Laws of 1907. Senate Bill No. 172, (as amended), Approved June 8, 1912. Be It Enacted by the Legislature of the State of New Mexico : Section 1. That the Board of County Commissioners of each county shall annually levy and collect a tax of one-half of one mill on the dollar upon all the taxable property in the county for the maintenance of the public schools, the proceeds whereof shall be paid over to the state treasurer as are other state taxes and shall be added to the current school fund. Sec. 2. That on the first Monday of March, June, Septem- ber and December in each year, the State Treasurer shall credit one-half of the current school fund to a separate fund to be known as the reserve fund which shall be used for the main- taining of a school for the full period of five months. The treasurer shall make a complete statement of all the monies in said current school and reserve funds and certify the same to the Superintendent of Public Instruction. Sec. 3. Within twenty days thereafter, the said Superin- tendent shall make an apportionment of the money in the said current school fund among the several counties prorata according to the enumeration of children of school age in each county, as shown by the latest returns from the county super- intendent of schools and shall certify the apportionment for each county to the state treasurer and auditor and to the treas- urer and superintendent of schools in each county, and the school directors' guide 15 said auditor shall draw his warrant on the state treasurer in favor of the proper county treasurer for the amount appor- tioned to his county, and said money shall become a part of the general county school fund, and shall be apportioned as other monies in said fund. Sec. 4. That the reserve fund described in Section 2 of this Act shall be distributed among school districts in which the in- come from the annual special school tax of fifteen mills plus the regular apportionment from the county general school fund shall not be sufficient for the maintaining of school for the full period of five months, and the reserve fund shall be so distributed among such districts as to enable each district to hold school for the said period. That for the purpose of this act the words, "district or school district" shall include cities, towns, and villages, and districts outside of such muni- cipalities. Sec. 5. Whenever the income of a school district as here- inbefore set forth is not sufficient for the maintaining of a school for the full term of five months, the county superinten- dent of schools of the county, in which such district is situated, shall furnish the state superintendent with evidence satis- factory to him of the existence of such fact. Upon being sat- isfied thereof the state superintendent shall make requisition upon said reserve fund through the state auditor in favor of the treasurer of said county, to be by him credited to the proper school district, for such amount as will be sufficient together with such income for the maintaining of a school for the full term of five months in said district. Provided, however, that for the purpose of this act the amount which any school dis- trict shall expend for maintaining a school for the full term of five months shall not exceed the sum of three hundred dol- lars for each school room, and that for the purposes of this act. no school district shall be entitled to more than one school room for each fifty children of school age or fraction thereof in such district. At the end of each fiscal year, the state treasurer shall re- turn the balance remaining in said reserve fund to the current school fund. Sec. 6. The school directors of each school district and the boards of education of cities, towns, and villages, whether incorporated under general or special laws, shall have power and are hereby required to provide by purchase or lease suit- 16 school directors' guide able school houses, to keep said school houses in repair, to provide same with necessary furniture and fuel, to provide for the payment of teachers' wages and interest on school bonds and for the redemption thereof, and defray all other contin- gent expenses connected with the proper conduct of the public or common schools. Sec. 7. It shall be the duty of such school directors and boards of education on or before the first day of June in each year to make and certify to the board of county commissioners of their respective counties an estimate of the amount of funds necessary for such purposes for the ensuing year. Sec. 8. The board of county commissioners of each county shall annually at the time of levying other taxes levy a special school tax upon all the taxable property in each of such dis- tricts, including the territory attached to any school district for school purposes, which together with the other revenues provided by law, will be sufficient to produce the amount re- quired for such purposes as stated in such estimate. In case said board shall disapprove such estimate or in case the school directors of any district or any board of education fail to make an esimate, the board of county commissioners shall levy such special school tax for such district as in its opinion will be suf- ficient to provide the necessary funds for the purposes speci- fied in section 6 hereof: Provided, that the special school tax which may be levied in accordance with the provisions of this act shall not exceed fifteen mills in districts other than incor- porated cities, towns and villages, and tzventy mills in such cities, towns and villages. The proceeds of such special school tax for such cities, towns and villages shall be paid to the treasurers of the sev- eral boards of education. The county treasurer shall take duplicate receipts therefor, one of zvhich he shall file in his office and the other he shall transmit to the clerk of the proper board of education. The proceeds of such special school tax for school districts other than incorporated cities, towns and villages shall be credited by the county treasurer to the respective school dis- tricts. Sec. 9. To further provide the necessary funds for the con- duct of the public schools of the county, the board of county commissioners shall annually on or before the first day of Au- gust in each vear. levy a general county school, tax of three school directors' guide 17 mills on the dollar upon all the taxable property <<\ the counties to he assessed and collected as other taxes are assessed and collected. The proceeds of this levy shall he placed to the credit of the general county school fund. Sec. 10. Any surplus in the sinking fund of any school district may be applied by the directors of said district to the building of additional school houses or to the enlargement of their present school buildings. Sec. 11. That Section 25 of Chapter l >7 of the Laws of 1907, and Chapter 125 of the Lazes of 1909 and all nets an, I parts of aets in conflict herewith are hereby repealed. Sec. 12. That it is necessary for the preservation of the pub- lic peace and safety of the inhabitants of the State of New Mexico, that the provisions of this act shall become effective at the earliest possible time, and therefore an emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its passage. CHAPTER 52. An Act to Empower the State Board of Education to Pre- scribe and Adopt a Course of Study in Industrial Education for the Public School and Require its Teaching in said Schools, .hid for the Appointment by the State Superintendent of Pub- lie Instruction of a State Director of Industrial Education, and Defining the Duties of Such Director and Providing for Com- pensation; Senate Bill Xo. 187, (as amended). Approved June 10, 1912. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That the State Board of Education is hereby empowered to prescribe and adopt a Course of Study in Indus- trial Education, including domestic science, manual training and agriculture, and make such necessary rules and regulations for its teaching in the public schools. In the preparation of the Institute Manuals for the coming year, the State Board of Education max include a course of study in Industrial Educa- tion and may require all teachers attending County Institutes and Summer Normal .Schools to pass an examination in one or more of the branches of industrial education. Sec. 2. That the State Superintendent of Public Instruc- tion is herein' empowered and directed to appoint a State Di- rector of Industrial Education, who shall be proficient in the 18 school directors' guide several branches of such education, and who shall, under the direction and supervision of the State Superintendent, have the general charge of the introduction and teaching of indus- trial education in such of its branches and in such of the pub- lic schools of the state as shall be deemed advisable by the State Superintendent and the said Director of Industrial Edu- cation, and the said Director shall perform such other duties as may be prescribed by the State Superintendent. Sec. 3. That said Director of Industrial Education shall receive an annual salary of One Thousand Dollars, payable in like manner as is provided for the payment of the salary of the State Superintendent of Public Instruction, and shall further receive as a part of the salary of said office the sum of thirty dollars from all counties of class "A", the sum of twenty-five dollars from all counties in class "B", and the sum of twenty dollars from all counties of class "C," "D," and "E," said above sums to be set apart by each of the county treasurers in like manner as county institute funds are now provided to be set aside and under like conditions ; provided, the said county sums are only to be paid said State Director of In- dustrial Education by said County Treasurer, upon said Di- rector's visiting and instructing in the various counties in in- dustrial education. Sec. 4. That, to the end that said Director of Industrial Education may visit the public schools so far as possible, make investigation of school conditions and report same to the State Superintendent of Public Instruction, together with recom- mendations as to the introduction and teaching of industrial education, an annual appropriation of Six Hundred Dollars, or such part thereof as may be required, is hereby made for traveling expenses in visiting schools and supervising the in- troduction and teaching of industrial education in said schools payable upon presentation of certified vouchers, duly approved by the State Superintendent of Public Instruction, and war- rants drawn by the state Auditor upon the State Treasurer. Sec. 5. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 6 That it is necessary for tlie preservation of the public peace and safety of the inhabitants of the State of Nezv Mexico, that the provisions of this Act shall become effective at the earliest possible time, and therefore an emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its passage. SCHOOL, DIRECTORS' GUIDE 19 CHAPTER 57. ' . hi Act for the Establishment of County High Schools, and Providing f or t j lc Maintenance Thereof. Senate Substitute for Senate Bill No. 29, Approved June 10, 1912. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That county high schools may be established as hereinafter provided in each county of this state having a population of five thousand or more inhabitants as shown by the last federal census. Sec. 2. When petitioners to the number of one-fifth of the electors of the county, including women qualified as provided by section 1, Article VII. of the State Constitution, shall pe- tition to the board of county commissioners of any county of the class provided for in section one requesting an election be called to determine the question of establishing a county high school in such county at a place named in said petition, it shall be the duty of said board of county commissioners to call an election for said purpose not less than thirty days following the meeting of said board at which such petition is received. Said election shall, in all matters not herein provided for. be called, conducted and the returns made and canvassed as now provided by law for the election of county officers. At said election the ballots shall read "For a county high school at " and "Against a county high school at If a majority of votes cast at said election shall be in favor of establishing such high school it shall be the duty of said board to establish a high school at the place named in said petition by executing a certificate under the seal of said board, of which certificate duplicates shall be delivered to the county clerk and the assessor of said county. Sec. 3. All children of school age residing in said county who have passed the elementary course of study in the eighth grade, as prescribed by the Hoard of Education of the State or the district wherein any such school is located, shall be ad- mitted to such county high school free of tuition. Sec. 4. The management and government of each of said high schools shall be under the control of the Board of Edu- cation or school directors of the city or district where said school is established and maintained. Sec 5 The county superintendent, by virtue of his office, shall be a member of said board. All members of the board of education or school directors, except the school superintendent. 20 SCHOOL DIRECTORS' GUIDE sha-.' be elected and the board shall organize in the same man- ner a? now provided by law except that women qualified as provided in section one of this act shall, have the right to vote and hold the office of a member of the board of education or school director in the city or district where the county high school is established. Sec 6. For the purpose of maintaining county high schools tht boards of education or school directors of all the county high, schools established in any county of the state under this act shall be permitted to levy, in addition to the levies now pro- vided by law. an additional levy to be known as the count}' high school levy which shall not exceed two mills upon the dollar. Sec. 7. Said levy made for county high schools shall be cer- tified to the county clerk of the county in which said high school or schools are situate by the president and secretary of each of said boards and the county clerk is hereby directed to certify the same to the assessor of said county who shall place the same upon the tax rolls of said county and said taxes shall be collected in the same manner as other taxes, and when col- lected the county treasurer shall place the same to the credit of the district or districts where any such county high school or schools are situate, in a separate fund known as the County High School Fund. The treasurer of said county shall apportion said high school fund among the high schools of the county established under this act, if there be more than one such high school, in the ratio shown by the number of children attending such high schools during the preceding year. Provided, however, that no child shall be counted in determining said ratio who has attended said high school for less than half of the regular session of its high school year. At the end of each high school year the president and secretary of the board or school direc- tors of each district having such high school shall certify under oath to the treasurer of the county the number of such pupil- attending the high school during the preceding year as the basis for apportionment of the county high school fund. Pro vided, further, that only one such county high school shall be established in any county of the state during any one year, and that when an additional county high school shall be established it shall , receive during the first school year not to exceed one- third of the moneys then in the county high school fund. Pro- vided, further that, where high scho ils n iw located in counties are established and designated as county high schools, the lim- SCHOOL directors' guide 21 itation hereinabove made to the number of county high schools established in any one year shall not apply and the county high school fund shall be apportioned among such schools on the basis of attendance during the preceding high school year of such schools. Sec. 8. It is hereby expressly pr< vided that the cost of site, location of building and erection and cost thereof for any such comity high school shall be entirely borne by the district where such high school is established, and the county high school fund hereinbefore provided for shall be used only for the maintenance and operation of the said county high school or high schools. Sec. 9. The board of education or school directors of the district where any such count}- high school is established shall proceed as >oon as practicable after the establishment of said county high school to secure the necessary site and buildingv and are hereby authorized to bond the said district as now pro- vided by law for the purpose of providing the necessary site and buildings. Sec. 10. The board of education or school directors of the district where any such county high school is established shall add to the course of study provided for such school the addi- tional branches of manual training, domestic science, the ele- ments of agriculture and commercial science. Sec. 11. The board of education or school directors of the district where any such county high school is established shall employ and discharge teachers, regulate their salaries and. shall have the power and authority to make all necessary rules and regulations and to Amend Section Tzvo of Chapter 103 of the Acts of the Legislative Assembly of Neiv Mexico of the Year 1909; And Providing That the Moneys of the Board of Trustees the Town of I. as Vegas Shall Constitute a Permanent School Fund and be Invested in Certain Interest Rearing Bonds. House Bill Xo. 262, Approved June 10. 1912. Be It Enacted by the Legislature of the State of Xew Mexico: Section 1. That Section 2 of Chapter 103 of the laws of the Legislative Assembly of the Territory of Xew Mexico of the 22 SCHOOL DIRECTORS' GUIDE year 1909 be and it is hereby amended so as to read as follows : Sec. 2. It shall be the duty of the Board of Trustees of the Town of Las Vegas to invest any and all moneys now in its hands, or which shall hereafter be received by it, excepting such amount as said court may deem necessary to pay the current and other necessary expenses of said Board, in interest bearing bonds of the State of New Mexico, or of any county, municipality, district or political subdivision thereof, author- ized to issue the same under the laws of this State, at not more than their par value, and bearing interest at the rate of not less than four per centum per annum ; and the said moneys when so invested shall constitute a permanent school fund as hereinafter provided, the principal*of which shall be under no circumstances lessened or impaired, and shall remain inviolate : Provided, That no part of such moneys shall be so invested nor shall any bonds be purchased without the approval of the District Court of San Miguel County, New Mexico : Provided, further, that any of said fund may be temporarily deposited with some bank or banks designated by said court, and the said board, upon certificate of deposit bearing interest at the rate of not less than four per centum per annum: Provided, further, that at any time in the judgment of the district court of San Miguel County and the said board of trustees it be- comes expedient, the whole of said interest or any part thereof may be applied to the maintenance of an industrial manual training school for boys and girls, which said school shall be located in the town of Las Vegas. CHAPTER 77. An Act to Distribute the Funds Derived from Collections of Delinquent Taxes Accruing Prior to the Year 1911. Senate Bill No. 155 Approved June 12, 1912. Be It Enacted by the Legislature of the State of New Mexico: Section 1. That all money collected and not distributed by the treasurers and ex-officio collectors of the several coun- ties in the state on account of delinquent taxes accruing prior to the year 1911, shall be distributed as follows: That portion of said taxes levied for state purposes of any character shall be paid into the state treasury and by the state treasurer covered into the State Road Fund ; all of the re- mainder of said taxes shall be covered into the county road fund and county school fund; Provided, that the apportion- SCHOOL directors' guide 23 ment of the said taxes as between the said county road fund and the said county school fund shall be made in the discretion of the county commissioners of each county; and provided further, that no part of said delinquent taxes shall be covered into said school fund or road fund until all valid floating in- debtedness, outstanding and ozving by the respective counties, evidenced by claims approved by the county commissioners prior to January first, 1911, shall have been fully paid. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 3. That it is necessary for the preservation of the pub- lic peace and safety of the inhabitants of the State of New Mexico, that the provisions of this Act shall become effective at the earliest possible time, and therefore an emergency is hereby declared to exist, and this Act shall take effect and be in full force and effect from and after its passage. CHAPTER 83. An Act to Provide Funds and Making Appropriations for the First Fiscal Year for the Expenses of the Executive, Leg- islative and Judicial Department, etc. Senate Bill No. 179, Approved with Exceptions. (From this act the following appropriations are for the department of education and for educational institutions:) Department of Education : — Salary Superintendent of Public Instruction $3,000 Salary Assistant Supt. of Public Instruction 2,000 Salary Chief Clerk 1,500 Salary of Stenographer 900 Contingent and Travelling Expenses including Printing 4,100 Educational Institutions : — University of New Mexico $42,000 X. M. College of Agriculture and Mechanic Arts 25.000 X. M. Normal School 28.000 N. M. Normal University 30.000 N. M. School of Mines 22.500 Military Institute ' 25,000 Spanish American Normal School 8,000 Asylum for Deaf and Dumb 10,000 Institute for. the Blind 10,000 PART II. STATEMENTS AND CITATIONS OF LAW. INDEX. (Reference to pages under the following subjects are to the 1909 compilation of school laws unless otherwise stated). ■ Page Alcoholic Drinks and Narcotics 25 Arbor Day 25 Bonds 2 5 Census or Enumeration 26 Election of School Directors 2 7 Expenditures 28 Flags 2 9 General 29 Holidays 2U Organization and Meetings '. . 30 Poll Tax 3 Pupils 32 Qualifications of Directors 3 2 I leports 32 School Funds 33 Equipment, Etc 3 3 Tax Levy 3 5 Teachers 3 G Text Books 3 7 Vaccination 38 school directors guide 25 Alcoholic Drinks and Narcotk Duties. Directors shall enforce instruction as to nature of and ef- fects on the human .system, in connection with physiology and hygiene. (Laws, 1912; chap. 2 { K sec. 3, page 12 of this book.) Penalties. For not enforcing provisions concerning the teaching of ef- fects upon the human system. (Laws. 1912 : chap. 29, sec. 3, page 12 of this lx m »k. ) Arbor Day. Duties. Directors shall require the observance of the second Friday in March as Arbor Day, by the planting- of trees and by ap- propriate exercises. (Laws, 1897: sec. 1625, (a.) page 88.) (Count}' Superintendent may fix some day earlier or later than the second Friday of March to be observed according to law.) Bonds. Duties. Directors shall submit question of bonding the district for the purpose of building a school house to the voters of the dis- trict, upon an order from the County Superintendent. (Laws, 1899: chap. 46. sec. 1, page 140.) Directors shall provide for the payment of interest on bonds and for the redemption thereof. This may be done from pro- ceed^ of special levy or other funds of the district. (Laws, 1912: chap. 51. sec. 6, page 15 of this book.) Powers. The directors shall have power and authority to borrow money for the purpose of erecting and completing school houses, by issuing negotiable bonds of the district. ( By opin- ion of the Attorney Genera! proceeds of bonds may be used to purchase school site. ) The question of issuing bonds must. however, be decided by majority of the qualified voters of the district at some annual or special election called in the usual way. One month's notice, ( for form of notice, see page 74,), must be given and the amount to be raised and the PURPOSE for which proceeds are to be used must be clearly stated in the notice. (Laws 1897: sec-. 1541-1542, page 65.) 26 school directors' guide Prohibitions. Directors may not issue bonds until the boundaries (for form of certificate see page 75) of the district have been established. (Laws, 1897: sec. 1545, page 66.) Total indebtedness of district may not exceed 6 per cent of the assessed valuation of taxable property in district. (Consti- tution Art. IX., sec. 11.) Census or Enumeration Duties. On or before the first day of September each year, directors shall make an enumeration (see Enumeration form, page 71) of all unmarried persons between 5 and 21 years of age, in the district ; giving names, ages and sex of such persons in full, and reporting the same in writing which shall be signed by ALL the directors and sent to the County Superintendent within fifteen days thereafter. (Laws, 1897: sec. 1535, page 63.) (Laws, 1905: chap. 23, sec. 1, page 190.) The clerk shall correctly enumerate or cause to be enum- erated all unmarried persons as specified in the foregoing, and shall receive $1.50 for each hundred names or fraction thereof thus enumerated. (Laws, 1905: chap. 23, sec. 1, page 190.) Penalties. For failure or refusal to return complete census. (Laws, 1903: chap. 119, sec. 13, page 188.) For false enumeration. (Laws, 1905 : chap. 23, sec. 2, page 190.) Compulsory Education. Duties. Directors shall compel parents, guardians or other persons having control, care or direction of children between the ages of seven and fourteen years (7 and 14) to send such children to the public schools during the entire term of the school, un- less such children are being sent to private or denominational schools of equal standing with the public schools, and unless children are physically unfit for school duties, and unless they live more than three miles from public schools. (Laws 1897: sec. 1555, page 70.) The clerk shall give public notice (see form of notice, page 75) of the foregoing compulsory education provision writ- SCHOOL DIRECTORS' GUIDE 27 ten or printed, both in English and Spanish, posted in three conspicuous places in district, or printed in a newspaper within the district. (Laws, 1897 : see. 1555, sub-sec. 2, page 70. Directors shall, through the County Superintendent, pin- chase books for indigent children j such books to be the prop- erty of the district and to be loaned to such indigent children; but no district may purchase more than S50.00 worth of books for this purpose, in any one year.- (Laws, 1897: sec. 1555, page 71.) Directors shall enforce compulsory education provisions upon deaf mute children, with regard to the Asylum for Deaf Mutes, in the same manner provided for enforcing attendance upon the district schools. ( Laws, 1899: chap. 42, sec. 4, page 139.) Election of School Directors. Duties. Directors shall post notices (see form of notice, page 69) on the second Monday in March ; hold election on first Monday in April; act as judges; administer oath (for form of oath see page 70) to directors elected ; canvass vote ; send ballots (for form of ballot see pag'e 69) and certificate (for form of certificate of election, see page 69) of the result of elec- tion to County Superintendent. Director or directors elected shall file oath with County Superintendent before first Mon- day in May. Qualified voters for election of school directors are all legal voters residing in district. Legal voters at school elections are citizens, including women, of the United States twenty- one years of age who have lived in the precinct thirty days. in the county ninety days; in the state twelve months. (Con- stitution. Art. VII, sec. 1. Idiots, insane persons, persons convicted of a felonious or infamous crime unless restored to political rights, and Indians not taxed may not vote at any election. (Constitution, Art. VII, sec. 1.) ' Conte'st of election must be made within thirty days. (Laws 1897: sec. 1532. page 61.) ( )ne director only shall be voted for at each annual election, except in case of vacancy, and he shall hold office for three years. (Laws, 1901: chap. 55 sec. 2, page 157.) 28 SCHOOL directors' guide Women may hold the office of School Director. (Consti- tution Art. VII. sec. 2.) Upon creation of a new district, County Superintendent ap- points (for form of certificate of appointment, see page 6 three directors to serve until next regular election. (Laws. 1907: chap. 97, sec. 22, page 212) (but see also Laws, 1897: sec. 1527, page 59.) At first election after creation of district, three directors shall be voted for, one to hold office three years, one to hold office two years, and one to hold office one year. (Laws, 1901 : chap. 55, sec. 1, page 157.) Write your county super- intendent for information as to correct form of poll book. Penalties. For failure to call elections and post proper notices. (Laws, 1897: sec. 1532, page 61.) For failure to perform all duties in connection with elections. (Laws 1909: chap. 121, sec. 12, p. 250.) Expenditures. Duties. All expenditures must be made by written warrant (for form of warrant, see page 68) signed by the chairman and the clerk of the school board and approved by County Superin- tendent. Itemized statements must accompany warrants. (Laws, 1897: sec. 1536, page 64; Laws, 1903: sees. 7-12, chap. 119, pages 186-188; Attorney General's decision.) Prohibitions. Directors may not incur debts aggregating more than six per cent of the value of taxable property. (Constitution, Art. IX, sec. 11.) Directors may not incur debts for any current year which can not be paid out of the money actually collected and be- longing to that year. (Laws, 1897: sec. 299, page 21 ; Laws, 1897: sees. 300, 301, pages 21, 22.) DIRECTORS MAY NOT ACT AS AGENTS OR RE- CEIVE COMMISSION OR BE PARTIES DIRECTLY OR INDIRECTLY TO ANA' COXTRACT FOR WHICH PUBLIC MONEY IS TO BE USED TX CONDUCTING PUBLIC SCHOOLS. (LAW'S, 1903: CHAP. 119/SEC. 7, PAGE 186.) Penalties. For incurring indebtedness for current year which can not S( HOOL DIRECTORS (".('IDE 2U be paid out of money collected for and belonging to that year. I Laws. 1897: sec 299, page 21.) For paying public money to any other than a legaily quali- i teacher, i Laws. 1007: chap. ( >7, sec. 8, page 205.) For violation of law concerning salaries of teachers. (Laws, 1907; chap. 97, sec. 9, page 206.) (See also Laws 1909. chap. 121. sec. 12. p. 250.) Note. — For form of contracts for fuel, etc., and teacher, see pages 66 and 74. Flags. 1 )uties. Directors shall procure a United States flag at least five feet long, flag staff, etc.. tor display on or in the school house; and shall replace the same when necessary. Directors shall cause the flag to be displayed on suitable oc- casions during school hours upon the school building or prem- ises, and shall establish rules and regulations for the proper care and display of the flag. When it is not displayed on the school building, directors shall require it to be placed con- spicuously in the principal room of the school building. (Laws, 1905: chap. 48. sees. 1-2, page 191.) General. Duties. Directors shall have general control and management, sub- ject to County Superintendent. (Laws, 1897: sec. 1535, page h3.) Directors shall defray all contingent expenses connected with the proper conduct of the schools of the district. (Laws, 1912: chap. 51. page 16 this book.) Penalties. For failure to perform certain duties. (Laws, 1897: sec. 1535. page 63 : Laws, 1003 : chap. 119, sec. 8. page 187; Laws, 1909: chap. 121. sec. 12. page 250.) Holidays. In addition to the legal holidays designated by law. viz: July fourth, Columbus Day (Chap. 10. L. 1912. page 10 this book), December twenty-fifth, and January first, and all days designated by proclamation of the governor as fast days or thanksgiving days, February twelfth (Lincoln's birthday) and February twenty-second (Washington's birthday) may 30 SCHOOL directors' guide hereafter be observed by the public schools as legal holidays ; and, provided any teacher or teachers in the rural districts and village schools shall have arranged beforehand a program of exercises by the pupils appropriate for the occasion for the preceding day, the directors of such district shall not deduct any moneys from teachers' salary because of their absence from active school duty on such holiday. (Laws, 1903: chap. 119, sec. 20, page 189. Compilation of 1909.) Xote.— The original provision of the law of 1907 giving a teacher regular salary during the holiday vacation for a period not to exceed fifteen days has been repealed. The length of the holiday vacation is fixed by the Board of School Directors and it may be made one day or one month, whatever the Board may decide. If no exercises are prepared, salary may be deducted for even one day. Organization and Meeting. Duties. Five days after qualification of elected director or directors, (election having been properly held and certified to County Superintendent, and oath of elected director having been filed with County Superintendent before first Monday in May) the three directors shall meet and organize by electing a chair- man and a clerk : and two directors shall constitute a quorum which shall be competent to discharge all the duties of a full board. Directors shall meet at their accustomed place at least once every thirty days, for the transaction of public business. (Laws, 1903: chap. 119, sec. 11, page 187.) Vacancy in the board, occurring between elections, shall be filled by appointment (for form of certificate, see page 65) by County Superintendent : the director so appointed to serve until the next election. (Laws, 1897: sec. 1533, page 62.) Xote. — Records should be carefully kept of all transac- tions of the board and these together with all papers, etc.. should be given into the hands of the succeeding board. Poll Tax. Duties. The clerk shall make out lists (for form of notice and list, see page 72) of residents in his district liable to pay poll tax, ?nd, for this service, shall receive $3.00, to be paid by war- rant, signed by the directors and approved by County Super- intendent. (Laws, 1897: sec. 1549, page 68.) school directors' guide 31 The clerk shall make at least four copies of names of per- sons liable to pay poll tax to be used in the following manner: 1. On the first Monday in February, he shall post one list in some conspicuous place in the district, for the information of the people. 2. On or before the first Monday in April, he shall report a complete list, in writing-, to the county clerk and 3. A complete list, in writing, to the County Superintend- ent ; and he shall report to said Superintendent the amount of poll tax collected, from whom collected, the names of persons still delinquent and the reasons for such delinquency ; and further, 4. One such complete list shall be filed in the office of the school district clerk. (Laws, 1897: sec. 1550, page 69.) The clerk shall collect said poll tax ( for form of receipt, see page 1) and shall receive 10 per cent of all moneys collected from poll taxes. All poll taxes shall be paid to the County Treasurer, for the use of the district, and the Treasurer shall pay to the clerk his percentage of the gross amount collected. (Laws, 1897: sec. 1549, page 69.) Powers. Clerk may bring suit for collection of poll tax if tax is not paid thirty days after first demand. (Laws, 1897: sec. 1549, page 68.) Clerk may demand of any person, firm or corporation a list of employes, and if he finds the names of persons liable to pay poll tax in the district who have not paid such tax, he shall give such names to employer ; and said employer shall pay poll tax, taking receipt from collector, and deduct amount of poll tax from any moneys due employe. (Refusal on the part of any employer to comply with the foregoing shall be punished by fine.) (Laws. 1907: chap 96, sees. 1. 2, page 197.) Penalties. Clerk failing to collect poll tax. (Laws 1909: chap. 121. sec. 12, page 250.) X. B. — In order that no possible difficulty may arise in the collection of poll tax through the courts, it is recommended that on April 1st. the clerk post in three conspicuous places lists of persons delinquent in the matter of payment of poll tax. If payment is not made within thirty days, bring suit. Xo property exempt from execution. 32 SCHOOL directors' guide Justices and constables shall not demand fees in advance. Persons exempt from payment of poll tax: Firemen, persons bodily disabled, militiamen. Sec. 1762, C. L. '97. Sec. 1549, C. L. '97. Sec. 2278, C. L. '97. Pupils. Powers. Directors may admit non-resident pupils if school accommo- dations are sufficient, may determine the rate of tuition (not to exceed 20 per cent more than the average cost per capita for education), and collect the same. (Laws, 1907: chap. 97, sec. 29. pag-e 216.) Pupils who become five years of age after September first, the date of enumeration, should not be allowed to enter school until the next school year. Penalties. For refusing to receive pupils on account of race or color. (Laws, 1897: sec. 1556, page 71.) Qualifications of Directors Any qualified elector may hold this office. (Constitution. Art. VII, sec. 2.) (Persons convicted of certain • serious crimes are disqualified. No restrictions on account of religion, race., language or color, or inability to speak, read or write the English or Span- ish languages. (Constitution, Art. VII, sec. 3.) Directors must have been regularly elected, and must have qualified by taking oath and by filing same with County Su- perintendent. (Laws, 1897: sec. 1532, page 61.) Should be a citizen of the I Jnited States and of legal ace. (No restrictions as to sex.) Constitution. Art. XII, sec. 2.) Reports. Duties. On or before the first day of July the clerk shall make a report in writing to the County Superintendent : showing the amount of money collected and expended for school house sites, school houses, fuel, interest on bonds, contingent ex- penses and salaries paid teachers within the twelve months preceding. (Laws. 1897: sec. 1535. page 63.) When contracts for public school buildings have been let, the clerk shall make to the County Superintendent, from time to time as the said Superintendent shall require, an itemized SCHOOL DIRECTORS' GUIDE 33 statement under oath, of cost of labor and material used and. work done where practicable, and apparatus required and used for conducting and furnishing said building. (Laws. 1903: chap. 119, sec. 7. page 186.) Between the first day of June and the first day of July each year, the clerk shall make a report to the County Superintend- ent in writing, showing in detail the financial condition of the district; the amount of money received and from what source, including receipts from poll taxes, etc., district bonds or spe- cial levies, and the manner in which the same has been dis- bursed during the previous year, amount expended for re- pairs or improvements of school houses and grounds, whether rented or owned by the district, the value of all school prop- erty, amount of bonded indebtedness of district, status of in- terest fund, amounts paid for rent, fuel, etc., salaries paid teachers for the preceding year, the number and sex of the school population, and amount expended for books for indi- gent children under Sec. 1555, Compiled Laws of 1897, as amended. (Laws, 1903: chap. 119, sec. 8, page 186.) Within ten days after the end of the scholastic year June 15th, directors shall file statistical (see paragraph 1 of this section) reports with the County Superintendent, as are re- quired by law. (Laws, 1907: chap. 97, sec. 24. page 214. ) The clerk shall report to the County Superintendent name, age, sex, and residence of all deaf mute children in the dis- trict, together with P. O. address of parents or guardians. (Laws, 1899: chap. 42, sec. 4, page 139.) Penalties. For failure to make reports and to perform other duties. (Laws, 1897: sec. 1535, page 63; Laws, 1903: chap. 119. sec. 8, page 187; Laws, 1909: chap. 121, sec. 12, page 250.) School Funds. Penalties. For using public money for private purposes or for any other than legal purposes. (Laws 1897: sees. 1125, 1126, page 46.) School Property — School Houses, Sites, Furniture Funr.MKxT, K iv. Duties. Directors shall have care and keeping of school property. (Laws. 1897: sec. 1533. page 62. | Directors shall, by purchase or lease, provide a suitable 34 SCHOOL DIRECTORS' GUIDE school house, and shall keep the same in repair. (Laws, 1912: chap. 51, page 16 this book.) Directors shall submit question of issuing bonds for building school house to the voters of district upon order from County Superintendent. (Laws, 1899: chap. 46, sec. 1, page 140.) District may borrow money for erecting or furnishing school buildings and purchasing school grounds. (Laws 1912: chap. 13, page 11 this book.) When surplus to the credit of school district is used to pro- cure suitable school house site and to erect a proper school house thereon, the directors shall open proper books of ac- count with said surplus fund, and enter receipts and disburse- ments on account of fund ; and take itemized bills in duplicate, one to be kept by directors, and one to be submitted with war- rant drawn in payment, to the County Treasurer. (Laws, 1903: chap. 37, sees. 1, 2, pages 176, 177.) When letting contracts for public school buildings, directors shall require of the contractor good and sufficient bond for the faithful execution of said contract. (Laws, 1903: chap. 119, sec. 7, page 186.) The clerk shall make an itemized statement under oath, of the cost of labor and material used and work done where prac- ticable, and apparatus required and used for conducting and furnishing said building ; and directors shall consult with and solicit the cooperation of County Superintendents whenever it becomes necessary to purchase furniture, fixtures, etc., for district school. (Laws, 1903: chap. 119, sec. 7, page 186.) If surplus money is not sufficient to complete buildings, di- rectors shall carry on construction so far as funds permit and succeeding boards of directors shall proceed with the work, ac- cording to contract, until work is completed. (Laws 1903: chap. 37, sec. 3, page 178.) Burning of school building, penalty for. (Laws, 1897: sees. 1103, 1104 page 45.) Powers. Directors may open school house for the use of religious, po- litical, literary, scientific, mechanical, agricultural and indus- trial societies belonging to the district, for the purpose of hold- ing business or public meetings of said societies. (Laws, 1897: sec. 1533. page 62.) Directors may borrow monev for the purpose of erecting and completing school houses, by issuing bonds of the district. (Laws, 1897: sec. 1541, page 65.) SCHOOL DIRECTORS GUIDE 35 Directors may submit to the voters of the district, at the annual or any special meeting called for the purpose, the ques- tion of issuing bonds for erecting or completing school house, giving the same notice of such meeting as is now required for the election of directors, and the amount proposed to be raised by the sale of bonds. This question shall be voted upon by the qualified voters, including women, of the district, and if a majority are in favor of the issue of bonds, the directors shall issue bonds to the amount voted. (Laws, 1897: sec. 1542, page 65.) Directors may withdraw surplus in general school fund to credit of district, for the purpose of procuring a suitable site and building a school house thereon. (Laws, 1903: chap. 37, sees. 1-5, page 176.) Directors may secure site and proceed with the building of school house so far as funds on hand for that purpose will permit. (Laws, 1903: chap. 37, sec. 3, page 178.) Directors may expend money from treasury for insurance of school building. (Laws, 1903: chap. 37, sec. 4, page 178.) Directors may maintain more than one school in district. (Laws, 1907: chap. 97, sec. 22, page 212.) Prohibitions. Directors may not incur obligations in securing site, build- ing, or repairing school houses, beyond the amount available in the county treasury, for such purposes, except by issuance of bonds. (Laws, 1903: chap. 37, sec. 2, page 177.) Penalties. For locating brothels near school house. (Laws, 1901 : chap. 84, page 160.) For refusing to submit question of issuing bonds for build- ing. (Laws. 1899: chap. 46, sec. 1-3, page 140.) For failure to carry out provisions as to use of surplus funds for securing site and building as directed by County Superin- tendent. (Laws, 1903: chap. 37, sec. 5, page 178.) N. B. — Write Department of Education, Santa Fe, X. M., for book of plans and specifications for school buildings, when you are contemplating building a school house. Tax Lt-w. Duties. On or before the first Monday in May, the directors shall, to provide necessary funds for school purposes, make estimate 36 school directors' guide on the taxable property of the district for tax levy. (Laws, 1912: chap. 51, page 16 this book.) Directors shall on or before the first day of June, certify tax levy, when made, to County Commissioners and said levy, when approved by County Commissioners, shall be collected and accounted for as other taxes. (Laws, 1912: chap. 51, page 16 this book. ) To provide necessary funds for conducting school, directors in rural districts may levy tax, not to exceed 15 mills on the dollar in any one year, on the taxable property of the district. Boards of Education in incorporated cities, towns and villages may levy 20 mills. (Laws, 1912; chap.- 51, page 16, this book. ) If directors fail to make levy or if their levy is not approved, the county commissioners shall levy what in their judgment is needed (read carefully chap. 51, Laws, 1912: page 16 this book.) County Commissioners must also make one-half mill state levy and 3 mills county levy. (Laws, 1912: chap. 51, page 14 this book.) Teachers. Duties. Directors shall employ ( for form of contract, see page 66) and pay teachers. (Laws, 1897: sec. 1535, page 63.) Directors shall require certificate of health showing that teacher is not afflicted with tuberculosis or consumption in transmissible form. (Laws, 1901 : chap. 43, sec. 2-3 page 154.) Directors shall, upon complaint of tax-payer, require teacher to take health examination. (Laws, 1901 : chap. 43, sec 5, page 154.) Directors shall discharge teachers unable to pass health ex- amination. (Laws, 1901 : chap. 43, sec 5, page 154.) Directors' shall pay teachers monthly. ( Laws, 1901 : chap. 57, sec>. 1, 2, page 158.) School month shall consist of four weeks of five days each, and a school day shall consist of six hours, but the noon intermission is not to be counted as part of the six hours.) (Laws, 1897: sec. 1557, page 72. ) Directors shall employ only legally qualified teachers. A le- gally qualified teacher is one who holds three certificates: 1. A health certificate. SCHOOL DIRECTORS' GUIDE 37 2. A certificate of attendance at Institute held within twelve months, or, An excuse for non-attendance signed by the County Super- intendent and the State Superintendent of Public Instruction. 3. A teacher's certificate signed by the State Superintendent of Public Instruction, or, A permit signed by th County or State Superintendent, (for form, see pages 68 and 70). (Laws, 1907: chap. 97, sec. 8, page 205.) Directors shall pay teachers' wages according to law. 1. Teachers holding third grade certificates and permits may not draw over $50.00 per month. 2. Holders of second grade certificates may not draw over $75.00 per month. (Laws, 1907 : chap. 97, sec. 26, page 215) Directors shall pay teachers not to exceed one month, if school is closed by directors on account of danger from disease, loss by fire, etc., (Laws, 1907: chap. 97, sec. 26, page 215.) * Two directors (they must be chairman and clerk) shall sign teachers' warrants, and Count}' Superintendents shall approve if legal requirements have been met. (Laws, 1897: sec. 1536, page 64. ) . Teachers shall keep records and make reports to County Superintendent (for form of reports, see pages 40-42.) (Law.-. 1897: sec, 1536, page 64.) Prohibitions. Directors may not deduct any money from teacher's salary because of absence from active duty on legal holiday, if pro- gram in celebration shall have been held on day previous. (Laws 1903 : chap. 37, sec. 20, page 189.) Penalties. For failure to require certificate of health from teach'er. (Law>, 1901 : chap. 43, sec. 6, page 155.) For violating provisions with reference to payment of teach- ers' salaries. (Laws. 1897, sec. 1535. page 63.) (Laws, 1907: chap. 97, sec. 26. page 215.) (Laws, 1909: chap, 121, sec. 12. page 250.) Text Books. Penalties. For knowingly permitting any other text book to be used in the first eight grades than those approved and adopted by 38 SCHOOL directors' GUIDE State Board of Education. (Laws 1907: chap. 97, sec. 9, page 206;) also (Constitution, Art. 20, sec. 17.) Note — List of adopted texts may be found in Manual of the Course of Study for Common Schools, a copy of which should be in the hands of each teacher. Upon request, a list will be sent from the office of the Superintendent of Public Instruction. Vaccination. Duties. The teacher shall see that the children in his district are successfully (this means that children have been vaccinated within five years and vaccination is effective ; physicitan's cer- tificate that vaccination is effective is sufficient) vaccinated or have been vaccinated within one year previous, and shall make report to tthe County Superintendent. (Laws, 1901 : chap. 17, sec. 26, page 150.) (Laws, 1903 : chap. 103, sec. 29, page 184.) Directors shall pay for vaccination of children whose parents are unable to pay by reason of poverty. (Laws, 1901 : chap. 17 sec. 27, page 150.) (Laws, 1903: chap. 103, sec. 30, page 185.) Powers. Directors may appoint physician to vaccinate children. (Laws, 1901: chap. 17, sec. 27, page 151.) Penalties. Parents refusing to have children vaccinated subject to a fine of $10.00 to $100.00. (Laws, 1903: chap. 103, sec. 29, page 184.) PART III. SIXTY QUESTIONS AND ANSWERS CONCERNING Itl RAL SCHOOL ADMINISTRATION l'ag> 1. What steps must be taken in collecting poll tax? 40 2. May election of directors be contested ? 40 :!. What text books shall be used in the schools? 12 4. What general provision is there in the law concerning violation by school directors of the laws as to their powers and duties? 42 5. For what purposes may a school district vote bond-,? 42 6. How may the boundaries of the school district be fixed? 42 7. What are the qualifications of voters at the election for school directors? 42 8. What are the qualifications of voters at an election to determine the issuance of bonds? 43 9. What are the qualifications fo voters at an election to determine upon special levy? 43 10. What are the duties of directors as to the taking of the census? 43 11. What are legal holidays? 43 12. May school boards pay teachers salaries during vacation 1 I 13. How may directors learn the amount of money to the credit of the district? 4 4 14. May the school house be used for other than school pur- poses and who has authority to grant the privilege? 44 15. Where should the school house tie located? 44 16. Hew may furniture and equipment be secured? 44 17. For what expenditures should directors make contracts? 4 4 18. How proceed in the matter of electing; school directors? 44 19. How should warrants be made? 15 20. How shall directors proceed in the matter of erection of school house? 4 :> 21. What are the steps in enforcing the Compulsorj Educa- tion Law? 4 C. 22. What publications should be in the hands of the directors 48 23. May Boards of Directors secure the services of an attor- ney and pay him from the funds of the districl ? 48 2 4. What is the Batenian Year? Is 25. What authority has the county superintendent? 49 26. When is money apportioned to the district and from what sources? 49 2 7. What is a school year? 4 9 28. May a teacher inflict corporal punishment? 4 9 40 SCHOOL DIRECTORS GUIDE Page 29. What moneys belonging to the school may the school directors receive and disburse without depositing with the county treasurer? 50 30. May a teacher enforce rules as to cleanliness? 50 31. May a .school site be secured by making part payment each year ? 50 32. May a district maintain more than one school? 50 33. How proceed in the matter of securing a teacher? 50 34. How much tuition should be charged non-residents? 51 35. What blanks should a teacher have? 51 36. How may school districts be consolidated? 51 37. Who is a resident of a school district? 51 38. How may a school district be divided? 51 39. A\ hen may a school district be disorganized? 52 4 0. What are the steps in enforcing vaccination? 52 41. What blanks should be in the hands of the directors? 53 42. What publications should be in the hands of the teacher? 54 43. Shall teachers be paid during vacation? 54 44. What are the duties of the teacher? 54 4 5. How may the people of a district build a school house? 54 46. Is dancing allowed in the school house? 55 4 7. May the district borrow money? 55 48. What are the provisions of the law with reference to the study of nature of alcoholics and narcotics? 55 4 9. What are the provisions of the law with reference to the teaching of civics and history of New Mexico? 55 50. What is the duty of the school districts with reference to special levies? 56 51. May warrants be drawn on the district funds to pay for transportation of pupils? 56 52.. May the school board buy books for a school library? 56 53. What is the minimum school term? 56 54. What provision is there in the law for Industrial Educa- tion? 56 5 5. W r hat provision is there foi' high school privileges for children living in rural districts? 56 56. At what school elections may women vote? 56 5 7. May women hold oiTice of s:hool director? 57 58. May more than one school be maintained in a district? 57 59. May district property be transferred? 57 60. How may state aid be secured to run a Ave months term?. . . .57 QUESTIONS AND ANSWERS Question. What steps must be taken in collecting poll tax? Answer. A poll tax of one dollar shall be levied upon all able bodied male persons, of the age of 21 years or over, residing in the SCHOOL DIRECTORS GUIDE 41 district. Old age is not a sufficient excuse for not paying poll tax, unless a man is bodily disabled because of "Id age. The clerk shall make out a li-i of persons in the district liable to pay poll tax for which he shall receive S3. 00 to be paid upon warrant out of the funds of the district. On the first Monday in February, the clerk shall post a copy of this list in some conspicuous place in the district. He shall then proceed to collect the p '11 tax from each person named on the list; and for this service, he shall receive ten per cent of all the moneys collected. All moneys collected shall be paid to the County Treasurer for the use of the district, and the school district clerk shall be paid his percentage by said County Treasurer, upon warrant approved by County Superintendent. If poll tax is not paid thirty days after the first demand, the clerk may bring suit in. the name of the school district. On the first Monday in April, the clerk shall send complete written list of all persons liable to poll tax to County Clerk, and also a complete written list to County Superintendent : also, he shall keep one such list on file in his office. He shall also report to the County Superintendent, on or before the first Monday in April, the amount of poll tax collected, from whom collected, the names of persons still delinquent and the reasons for such delinquency. To facilitate the collection of poll tax. any person, firm or corporation may be asked by the clerk to furnish list of em- ployes; and if the clerk is unable to collect poll tax from em- ployee or employes, the employer shall pay the poll tax, taking a receipt therefor ; and he shall then deduct the amount of the poll tax from the wages or salary of each employe. For re- fusing to furnish lists on demand of clerk, the employer is subject to fine. See also page 30. Question. May election of directors be contested? Answer. Yes. Such contest may be made to County Superintendent, at any time within thirty days after the election. When elec- tion is contested, the Comity Superintendent shall turn over ballots, in the same condition as they were received by him. to the Probate Clerk, in order that thev may be examined 42 school directors' guide under the same terms and conditions as ballots in other cases of contested elections for county officers. Question. What text books shall be used in the school? Answer. Only those approved and adopted by the State Board of Education. Send for list to the Superintendent of Public Instruction, Santa Fe, N. M. Question. What general provision is there in the law covering the violation by school directors of the laws as to their powers and duties ? Answer. They shall, on conviction, be fined in a sum not less than $25.00 nor more than $500.00. Question. For what purposes may a school district vote bonds ? Answer. For purchasing sites for school houses, for erecting and com- pleting school houses, and for refunding bonds. Question. How may the boundaries of the school district be fixed ? Answer. Upon request from residents of district, or upon his own initiative, the County Superintendent may request the County Surveyor to locate boundary lines and corners of any school district. The cost of such proceedings shall be charged to the county, and the County Commissioners may allow from the general county fund, not to exceed $50.00 for each school dis- trict, for such purpose. The boundaries of all school districts shall coincide so far as possible with precinct boundaries. Monuments or other nat- ural objects used to mark boundaries shall be marked "District Number — ." An outline map of the district should be made, showing length, breadth, and proposed location of school house. A copy of this map should be filed with the County Superintendent, and it should show actual site of school house Question. What are the qualifications of voters at the election for school directors 7 Answer. They shall be legal voters resident in the district, having paid the poll tax for the current year. Legal voters at all SCHOOL DIRECTORS' GUIDE 43 elections affecting the schools are citizens, including women, of the United States 21 years or mure of age, who have lived in the precinct one month; in the county three months; in the State twelve months. Question. What are the qualifications of voters at an election to de- termine the issuance of bonds ? Answer. They shall be legal (see foregoing answer) voters resident in the district. Question. What are the qualifications of voters at an election to de- termine as to a special levy? Answer. They shall be legal (see foregoing answer) voters resident in the district. Question. What are the duties of directors as to the taking of the school census ? Answer. On or before the first day of September, the clerk shall cor- rectly enumerate or cause to be enumerated all unmarried per- sons resident in the district, between 5 and 21 years of age, giving names in full, ages and sex of such persons. For such service, the clerk shall be paid by proper warrant as usual, from funds of the district; said warrant to be signed by chairman, clerk and County Superintendent. He shall re- ceive $1.50 for each hundred names or fraction thereof enum- erated. The list of persons enumerated as above shall be sent to the County Superintendent, on or before Sept. 15th, and such list shall be signed by all the directors. The penalty for wilfully placing fictitious names or names of non-residents on list is a fine of from $10.00 to $50.00. Question. What are the legal holidays? Answer. Columbus Day. Christmas Day. Xew Year's Day. Lincoln Dav. Washington Day, and Tulv Fourth: also such other days as the Governor may proclaim, as fast days or thanksgiving days. Arbor day shall be a holiday when appropriately ob- served. (Thanksgiving day is proclaimed every year.) 4 4 SCHOOL DIRECTORS GUIDE Question. May school hoards pay teachers' salaries during vacation? Answer. Yes ; hut the average monthly salary for the term shall not exceed the amount allowed per month for grade of certificate held by teacher. Question. How may directors learn the amount of money to the credit of the district'- Answer. By asking the County Superintendent or the County Treas- urer. Question. May the school house be used for other than school purposes, and who has authority to grant privilege ? Answer. The school directors have the authority to grant or deny the use of the school house for meetings of religious, political, literary, scientific, mechanical, agricultural and industrial so- cieties. The school house may also be used for holding elec- tions. Question. Where should the school house be located ? Answer. It should be located on a suitable site on some public high- way or thoroughfare ; centrally located, if most convenient for majority of residents who have children of school age. Question. How may furniture and equipment be secured? Answer. By purchasing such supplies as are necessary, after consul- tation with the County Superintendent. Warrants drawn in payment must have the approval of the County Superin- tendent. Question. For what expenditures should directors make contracts? Answer. For teacher's salary, for fuel, for rent of building (if rented), and for building, completing or repairing school house. Contracts for fuel, building, completing or repairing school house should be let after calling for and receiving bids. Question. How proceed in the matter of electing school directors? SCHOOL DIRECTORS GUIDE 45 Answer. Upon creation of a new district, the County Superintendent shall appoint three directors to serve until the next regular election. On the second Monday of March, directors serving shall post notices of an election to be held on the first Monday in April by qualified voters, including- women, residing in the district, for three directors : In case more than one director is to be voted for, each voter shall vote for a candidate for each vacancy to be filled indicating opposite each name the term of office: one for three years, one for two years, and one for one year ; and at each succeeding election, one director shall be elected for term of three years. Vacancies are to be filled by County Superintendent until next regular election when such vacancies shall be filled by the election of a director to fill out the unexpired term. In the event of a tie in an election for school director, there is no elec- tion and County Superintendent will appoint as in other cases of vacancies. The election shall be held on the first Monday in April, be- tween the hours of eight a. m., and five p. m., at the public school house or other convenient place specified in notice. The directors serving shall act as judges and election shall be by written or printed ballots. Directors shall certify result to County Superintendent : and the director or directors elected shall file oath (administered by directors as judges of election, by a notary, or by any other person qualified to administer oaths,) with the County Superintendent, before the first Mon- day in May. The term of office of director or directors elected shall begin the first Monday in May. Question. What is the proper form of school warrants? Answer. All payments must be made on warrants of some regular form, properlv numbered, drawn on the County Treasurer. Such warrants shall be signed by chairman and clerk of board of directors, and countersigned by County Superintendent, if he thinks the expenditure justifiable. Question. How shall directors proceed in the erection of a school house. Answer. The necessarv monev being on hand to the credit of the 46 school directors' guide district, in the district school fund, the directors shall, in con- sultation with the County Superintendent, prepare or have pre- pared plans for the proposed school building. (Write Superin- tendent of Public Instruction, Santa Fe, N. M., for "Book of Plans and Specifications for Small School Houses," published by the State Department of Education.) Having determined upon the plans, the directors should ad- vertise for bids for the erection of a school house, upon the basis of definite specifications. Such advertisement may be made in newspapers or by posting notices, with the provision that bids will be opened thirty days after first notice posted or printed in newspapers. The Board in letting to the successful bidder, the contract which should have the approval of County Superintendent, shall require a good and sufficient bond for the faithful exe- cution of contract. The contract having been let, the County Treasurer shall honor and pay all warrants drawn by the board of school di- rectors when the same are accompanied by itemized and veri- fied accounts and vouchers ; and it shall be the duty of school directors to open proper books of account with the fund from which money is taken for building or completing school house. All warrants must be signed by chairman and clerk of school board and be countersigned by County Superintendent, if he thinks expenditure justifiable (by Attorney General's opin- ion.) Directors shall not contract for or incur obligations for building or improving school house beyond the amount of money available in the county treasury for such purpose. If the money is received from the sale of bonds, the law re- quires that it shall be deposited with the County Treasurer to the credit of the district fund, and expended in the regular way. Question. What are the steps in enforcing the Compulsory Education Law ? Answer. First : — Clerks of boards of school directors should post or publish notices at once as provided in the Act. See Sec. 1555, Laws, 1897. The following form of notice is suggested: school directors guide 47 Notice to Parent or Guardians of Children of Compulsory School Age. Sec. 1555, Laws, 1897, as amended. The school directors or board of any school district, town or city in this State, are hereby empowered and required to compel parents, guardians, or other persons having control, care or direction of children, when such children do not attend some private or denominational school, to send such children under their control to the public school during the entire time such school is in session in each scholastic year in their re- spective school communities, except that children referred to in this act shall not be less than seven nor more than fourteen years of age, or of such physical disability as to unfit them for school duties, which disability shall be certified to by some regular practicing physician ; provided, That the private or de- nominational school shall be equal in its teaching to the public school of the district ; and Provided, further, That this section shall not apply to children who live more than three miles from a public school. Any parent, guardian or other persons having the control of children and who shall fail or refuse to send such children to school as required by this act, after the clerk of the school district or the clerk of any town or city school board shall have given public notice containing the substance of this act, written or printed in both English and Spanish, by posting in some conspicuous place at three separate points within the dis- trict, or publishing the same in some newspaper within the dis- trict, shall be punished, upon conviction thereof, by a fine of not less than $5 nor more than $25, or by imprisonment for not more than ten days in any county jail. County Superintendents are hereby vested with general su- pervisorv powers in this matter and shall require directors to comply with the provisions of the preceding section; and it shall be the duty of the presiding judge of the district court, to give at each session of the court, the substance of this law as a special charge to their respective grand juries, and it is made the duty of the district attorneys to give particular heed to the prosecution of cau-e^ growing out of violations of this Act; and all fine^ so collected for the violation of this Act shall be paid into the county treasury and placed to the credit of the school district in which the offense occurs. Second : — All children over seven years of age and under 48 school directors' guide; fourteen years of age must attend school for the entire term in the district. If the district holds school for five months, the children must attend school for five months. If the district holds school for seven months, the children must attend school for seven months. Third: — In the event that any child of compulsory school age shall fail to attend school REGULARLY as required by this Act, it becomes the duty of the clerk of the district board of school directors to notify the district attorney of such viola- tion of the law, and "It is made the duty of the district attorney to give particular heed to the "prosecution." (District or Justice Court.) Fourth : — County Superintendents are vested with general supervisory powers and shall compel compliance with the law. Fifth: — Sec. 12, Chap. 21, Laws of 1909, imposes a fine upon the County Superintendent or any other school officer for failure to perform his duty. Question. What publications should be in the hands of the directors? Answer. A copy of the latest compilation of School Laws of New Mexico, (Spanish or English;) and any other pamphlets re- lating to powers and duties of directors. These may be pro- cured from the County Superintendent or from the Superin- tendent of Public Instruction. If building or improvement is contemplated, write Super- intendent of Public Instruction for a copy of Book of Plans and Specifications for Small School Buildings. Question. May Boards of Directors secure the services of an attorney and pay him from the funds of the district ? Answer. Yes, Provided the Bateman Act is not violated. Warrants drawn in payment for legal services shall be drawn in the usual way ; signed by chairman and clerk of school board and by County Superintendent if he deems the expenditure justified. Question. What is the Bateman year? Answer. It is the year ending Sept. 1st, and in such a year, the district may contract no debt (except by issuance of bonds) which can not be paid out of the receipts for the year. school directors' guide 4 ( j Question. What authority has the County Superintendent? \iiswer. He has jurisdiction over all the schools of the county ex- cept those in cities (but those in cities shall make reports to County Superintendents) subject to the supervision and juris- diction of the State Superintendent of Public Instruction. The Count)- Superintendent shall supervise methods of in- struction employed in county schools; consult with school direc- tors concerning improvements and keeping accounts; enforce compliance with school laws; organize or disorganize districts, or change boundaries of school dictricts. All warrants drawn against the funds of the district must bear the signature of the County Superintendent as well as the signatures of the chairman and clerk of the school board; and the County Superintendent may refuse to sign warrants which are illegal or not justifiable. Reports shall be made to the County Superintendent as called for by him. Question. When is money apportioned to the district and from what sources ? Answer. Money, aside from the proceeds of district bonds, special levies and fines and licenses belonging directly to the district, is apportioned by the County Superintendent from the proceeds of the state half mill tax, the lease of public land and such fines and licenses as belong to the general county school fund. Apportionment shall be made quarterly, beginning with January. Question. What is a school year ? Answer. The school year is from June 15th to June 15th — that is. reports are made for the year ending June 15th. It does not mean the length of time the school is in session. Question. May a teacher inflict corporal punishment? Answer. Yes, but such punishment should be used only as a last re- sort and must be inflicted in a reasonable manner. In all cases it is best to make an effort to secure the consent of the parent before the punishment is inflicted. 50 school directors' guide Question. What moneys belonging to the school may the directors re- ceive and disburse without depositing with the County Treas- urer ? Answer. Absolutely None. All moneys received for tuition, rents, sale of school property, equipment, or supplies, or from any other source whatsoever shall be turned over immediately to the County Treasurer and placed by him to the credit of the district to be paid out only on proper warrant signed by the chairman and clerk of school board and county superintendent. All money received from sale of bonds must also be left with the County Treasurer and disbursed in the regular way. Li- censes and fines must be turned over to the County Treasurer by persons authorized to collect them and disbursed accord- ing to law. Question. May a teacher enforce rules as to cleanlinness ? Answer. •' Yes; it is her duty to do so, though of course tact and pa- tience are required to produce lasting results. Question. May a school site be secured by making part payments each year ? Answer, Yes; provided the Bateman Law is not violated. Question. May a district maintain more than one school? Answer. Yes. Question. How proceed in the matter of securing a teacher 7 Answer. Usually teachers apply to the Board of Directors and it then becomes the duty of the board to determine whether or not the various applicants have fulfilled the legal requirements. (See law with reference to teachers in Part Two. If no teacher applies for the position, the directors should consult with Count}- Superintendent as to available teachers. Having determined upon a suitable teacher, directors should see that a written contract is signed in triplicate ; one copy to be kept by the clerk of the board, one to be kept by teacher and one to be forwarded to County Superintendent. school directors' guide 51 Question. How much tuition should be charged non-residents? Answer. The board of directors may fix the charge, but such charge shall not be greater than 20 per cent more than the average cost per capita based on the average number of pupils belong- ing to the school throughout the previous school term. When non-resident pupils or their parents or guardians pay a school tax in any district, such pupils shall be admitted to the school and the amount of such school tax shall be credited on their tuition, and they shall be required to pay tuition only for the difference therein. Ouestion. What blanks should the teacher have? Answer. 1. Term register (two — one to be filed with clerk of board and the other to be filed with County Superintendent at the close of term. ) 2. Term report to be sent to County Superintendent (see Common School Course of Study. ) 3. Monthly report to be sent to County Superintendent. 4. Monthly reports to be sent to parents. Ouestion. How may school districts be consolidated? Answer. The County Superintendent shall consolidate school districts, on presentation of separate petitions signed by the majority of electors residing in the respective territories affected. Ouestion. Who is a resident of a district? Answer. Anyone who has moved into the district at any time for the purpose of making it his home, who conducts himself as a resi- dent of the district, -ends his children to the local school, etc. Ouestion. How may a school district be divided? Answer. By petition of the County Superintendent, if accompanied by statement showing that at least 2? children of school age live in each district affected. The County Superintendent may divide a district and in making adjustment of finances, he shall have the co-operation of the Board of County Commis- 52 . school directors' guide sioners, and such adjustment shall be made as will best sub- serve the interests of the districts. All indebtednesss of old district shall be paid, and balance divided. All resources such as school houses, proceeds from sale of bonds, also all similar indebtedness shall be divided among the ditricts in proportion to taxable property, according to the assessed value of each. 'But no district shall be so reduced as to make its bonded in- debtedness exceed 6 per cent of its assessed valuation. (The State Department of Education does not favor division of districts. It is better if necessary for a district to maintain two schools, or more as it may legally do. ) Question. When may a school district be disorganized ? Answer. Whenever the number of persons of school age in the dis- trict is reduced below 15, from causes over which the County Superintendent does not have control, and these causes seem likely to be permanent, said County Superintendent is em- powered to disorganize the district and attach the territory, to the adjoining district or districts. If district to be disor- ganized is liable for bond issue or interest thereon, the County Commissioners are required to make levy and order collection thereof on the property of the district in order to pay said bonds and interest in regular manner. Question. What are the steps in enforcing vaccination? Answer. Each teacher of the public school (rural, village, town or city) shall deny admittance to the school to all children who are not so vaccinated. Every child admitted to the school should be required to pre- sent statement from a reputable physician licensed to practice in the State of New Mexico, certifying that sajd child is properly protected by vaccination ; said certificate specifically stating that the child has been effectively vaccinated (leaving well pronounced scar) within a period of five years previous to date of entrance upon the school or that such child has been vaccinated either with or without pronounced effect, within a period of twelve months previous to entering the school. N. B. — It is the concensus of opinion of the physicians of the U. S. that an effective vaccination protects the child against small pox for a period of at least five years. SCHOOL directors' guide 53 At the beginning of the school year and at such other times thereafter as it may be deemed advisable, the teacher shall make report to the County Superintendent, giving the number of children who have been vaccinated within a year, and the number who have presented certificates certifying to effective vaccination within a period of five years; together with a list of names of parents who refuse or fail to have their children vaccinated. It becomes the duty of the sheriff or any constable whom the sheriff may designate to arrest such parents or guardians ; and upon conviction, they shall be fined not less than $25 nor more than $100., or be imprisoned as provided by law. The fine collected for violation of this act shall become a part of the school fund in the district in which the offender lives. The Count}- Superintendent of Schools is required to enforce the law touching the vaccination of children attending the rural schools under his supervision. In incorporated cities and towns, the Boards of Education are required to enforce the law. Sec. 12, Chap. 121, Laws of 1909, provides a penalty ($25 to $500) for the failure of any member of a Board of Educa- tion, any County Superintendent to perform his duty imposed or by virtue of the law. Vaccination may be performed by the County Health Of- ficer or by any reputable licensed physician. The expense of vaccination of children in indigent families may be met' as provided in Sec. 30, Chap. 103, Laws of 1910. Question. What blanks should be in the hands of the Directors 7 Answer. 1 . Warrants. 2. Teacher's contract. 3. Notices for election of Directors and bond elections, elections. 4. Oath of Director. 5. Poll tax notices. 5. Poll tax lists. 7. Enumeration blanks. 8. Poll tax receipts. 9. Contracts for fuel. 10. Poll books. 1 1. Record books. 54 SCHOOL DIRECTORS GUIDE Question. What publications should be in the hands of the teacher? Answer. 1. Common School Course of Study for New Mexico. 2.. Institute Manual for New Mexico, (for the previous season. ) 3. Books of New Mexico Public School Anniversaries. 4. New Mexico Educational Directory. Question. Shall teacher be paid during vacations? Answer. The Directors may pay teachers during vacation, but the terms of the Bateman Act requiring all expenditures to be made from receipts for the current year, must not be violated. Also the average salary paid the teacher per month for the term of the contract shall not exceed the salary allowed the teacher by law for the grade of certificate held. Question. What are the duties of the teacher ? Answer. (See form of contract.) It is his duty to teach the pupils of the school under the supervision of the County Superintendent, to maintain order, to see that school property is not injured by the pupils, to make reports as called for by the County Super- intendent. He should possess three certificates : 1. Certificate of health. 2. Certificate of institute attendance. 3. Certificate to teach iiV New Mexico. Question. How may the people of a district build a school house? Answer. In case the district has just been created and directors ap- pointed by the County Superintendent, the directors may sub- mit the question of voting bonds to the qualified voters of the district ; or, the County Superintendent has power, upon a pe- tition signed by 20 residents of the school district who are heads of families with children in school, to order the directors to submit the question of issuing bonds of the district for the purpose of purchasing site and building school house to the voters of the district. (No bonds may be issued unless bound- aries have been established. ) Money from apportionments made by the County Super in- school directors' guide 55 tendent, and licenses and fines placed to the credit of the school district may he used for this purpose as soon as available. Fur school districts which have been in existence some time there arc the following ways of raising money to build a school house : 1. By using surplus in any sinking fund. 2. By using surplus in general school fund to the credit of the district, provided amount in such fund is at least $200 after all expenses for maintaining school have been paid. 3. By voting negotiable bonds of the district. 4. By special levy not to exceed 15 mills. 5. By using any money to credit of district in the general school fund ; provided, that no indebtedness except bonded shall be incurred in excess of receipts for current year. 6. By borrowing money, but no debt may be incurred in excess of 6 per cent of the assessed valuation of property in the district, nor may any debt be incurred except on vote of ma- jority favoring the indebtedness. Question. Is dancing allowed in the school house? Answer. No. As the purposes for which the school house may be used are specified in the law and dancing is not included, by implication dancing is forbidden. Question. May the district borrow money? Answer. Yes : but only after a favorable majority vote by the qualified electors of the district. Total indebtedness resting upon a district may not at any time exceed 6 per cent of the assessed valuation of property in the district. Question. What are the provisions of the law with reference to study of nature of alcoholics and narcotics. Answer. This subject shall be taught in all public schools of the state and all teachers shall have passed a satisfactory examination on this subject. Question. What are the provisions of the law with reference to the teaching of civics and history of New Mexico? Answer. Tt is the duty of teachers in the public schools to give in- 56 SCHOOL directors' guide struction in the civics and history of New Mexico either orally or by text book. Question. What is the duty of the school directors with reference to special levies. Answer. On or before the first day of June they shall make and cer- tify to the county commissioners an estimate of the amount of funds necessary for school purposes for the ensuing year. Question. May warrants be drawn on the district funds to pay for transportation of pupils 7 Answer. Yes, under the provision that the directors may defray all contingent expenses necessary to the proper conduct of the school. Question. May the school board buy books for a school library? Answer. Yes, see preceding answer. Question. What is the minimum school term? Answer. Five months and the estimate of funds needed should be with a view to holding five months. If assistance will be needed from the state, the commissioners will make a levy of 15 mills. Question. What provision is there in the law for Industrial Education? Answer. The state board of education is empowered to prescribe courses in domestic science and agriculture for common schools and for teachers' institutes. The superintendent has appointed a director of Industrial Education who has her office with the Department of Education Santa Fe, N. M. Question. What provision is there for high school privileges for chil- dren living in rural districts? Answer. They may attend a county high school free of charge (see chapter 57, Laws 1912. page 19 this book). Question. At what school elections may women vote? SCHOOL DIRKCTORS > GUIDE 57 Answer. They may vote at all elections held within the district on questions concerning the schools, including elections for >chool directors, borrowing money and bond issues, provided they have the legal qualifications of male voters. Question. May women hold the office of school director? Answer. Yes. Question. May more than one school be maintained in a district? Answer. Yes, this is to be preferred to dividing the district. A district may secure state aid to maintain one school for each 50 children of school age or fraction thereof ; provided that the total ex- penditure for any school shall not exceed $300. Question. May district property be transferred? Answer. Yes, but only on petition of majority of qualified voters of the district. Question. How may state aid be secured to run a five months' term? Answer. The district directors must have made a special levy of fifteen mills. Monthly reports must be made to county superintendent of all receipts and expenditures. The total expenditures for the term shall not exceed $300.00 from all sources for any school room in the district. State aid will be possible for one school room for each fifty children of school age or fraction thereof. PART IV. FORMS FOR REPORT BLANKS. INDEX. Page Teacher's Monthly Report 59 Term Report 60, 61 Monthly Report No 62, 63, 64 Notice of Funds 65 Levy Notice 65 Certificate of Appointment 65 Teacher's Contract 66, 67, 68 Permit Forms 68, 70 School Warrants 6 8 Notice of Election for Directors 69 Ballot, School Election 69 Certificate of Election .69 Oath of School Directors 70 Enumeration Form 71 Notice to Poll Tax Paxers 72, 73 Poll Tax Receipt 73 Notice of Bond Election 7 4 Fuel Contract 74 Boundaries of School District No 75 Notice of Compulsory School Attendance 75 Aviso 75 Monthly Report Card 76 SCHOOL directors' guide 59 TEACHER'S MONTHLY REPORT. School District No County. \. M. Month Commencing Month Ending ENROLLMENT. Mate Female Total TOTAL DAYS ATTENDED. Male Female Total No. of Days Taught (Usually 20) AVERAGE DAILY ATTENDANCE. Male Female Total Note. — To find average daily attendance divide- No. of days attended by No. of days taught. No. Recitations Daily No. Not Tardy No. Neither Absent Nor Tardy Names of Pupils of Compulsory School Age who were ah- sent during month and reason for absence : Name | Days Abst. Excuse I 1 J ' 1 N. B. — At the end of the first month, the teacher should send in with this report a list of all children enrolled, giving full name and age of each and the name of the parent or guardian of each. Teacher P. O Filed in rny office County Superintendent. o to to to to to 3 cu O C • .—i "o M-H cu 4=; cu en OS u CU <-| O cu u o C bo c-« cu.- en cu a CD o Eh U O m «-3 to Cv cc! — >2_ O Eh "o u C cu en cu by) M-H O en en cu CO G 'H £6 en Q -? n tn •C ccj to o cd « Oh bjo .s C cu H-> aj -3 a a h cd to c 3 ■a >. gd •a o o en cu "a! 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School District Xo You are herein' notified that your district has to its credit $ \nv further information I may render you will be given cheerfully. I am. Very truly. County Superintendent. LEVY NOTICE. To the Honorable Board of County Commissioners : Gentlemen : You are hereby notified that School District Xo County of requires a special levy of mills for school purposes, which levy we re- quest your Board to certify to the County Assessor. Directors. CERTIFICATE OF APPOINTMENT. Certificate of Appoint- ment. Whereas, a vacancy exists in the office of School Director of School District No of County, New Mexico. Appointed as Direc- Therefore, is tor in School District hereby appointed, in accordance with the laws of the State of New Mexico, to serve as a director of said District until the 1st day of May, 19. . .. Until 19... X. M 19... No To serve from , 19 . . . County Superintendent. ( lounty Superintendent. 06 SCHOOL DIRECTORS GUIDE TEACHER'S CONTRACT. This Agreement, made and entered into this day of A. D. 19. . . , by and between School District Number of the County of and State of New Mexico, hereinafter called the District, and hereinafter called the Teacher, WITNESSETH, That the said District, through its duly quali- fied Board of Directors, has engaged the services of the said teacher, for the term of school months, commencing on the day of , A. D. 19. . . , under the following terms, conditions, restrictions and stipulations, to-wit : 1. Said Teacher covenants and agrees with said District that is the rightful holder of a Grade Certificate, valid in said county, and is in all other respects a legally qualified teacher under the laws governing the qualifica- tion of teachers in the public schools of New Mexico, and that said Teacher is a person of good moral character. 2. Said Teacher agrees to instruct, direct and manage, to the best of ability, the public school of said District, during the term aforesaid ; to keep all records required by law, and to furnish such informa- tion concerning said school ,or in its interests, as may be de- sired by the 'Board of Directors of said District, or by the County Superintendent of Schools of said county ; to see to the protection and preservation of such of the property of said District as may come under the immediate supervision of said Teacher ; and otherwise to do and perform all acts and things required or contemplated by the laws of New Mexico to be done or performed by teachers in the public schools. 3. Said District agrees to make the necessary repairs in its school house; to provide for heating the same; to furnish all requisite record books and to pay to' said Teacher for said ser- vices, duly and truly performed, the sum of dollars ($ ) per school month, payable at the end of each month, during the life of this contract' 4. It is understood and agreed that in the event the funds of said District, at any time during the term aforesaid, shall be found insufficient to pay the salary of said Teacher as afore- said, then the Board of Directors of said District shall have, and hereby reserves, the right to close said school and termin- ate this contract on two weeks notice to said Teacher; where- SCHOOL DIRECTORS GUIDE 67 upon all liability of said District under this contract shall im- mediately cease. 5. It is further agreed that if said Teacher shall he legally dismissed from the service of said District; or, if the certificate of said Teacher shall be legally annulled, this contract shall at Once terminate, and all liability of said District hereunder shall immediately cease. (). It is further agreed that said Teacher shall be entitled to full pay for a period not to exceed one month during which the school may be closed by said Board of Directors, on account of loss by fire, danger from contagious disease, or other similar cause ; and it is further agreed that no deduction of salary shall be made by reason of the absence of said Teacher from active school duties on legal holidays, provided said Teacher shall have arranged beforehand a program of exercises by the pupils appropriate for the occasion for the preceding day. 7. It is further agreed that the last payment of salary under this contract shall not be made until the reports and informa- tion recpiired to be made and given by said Teacher shall have been properly made and qiven. 8. It is further agreed that the school day shall consist of two sessions of three hours each, with fifteen minutes intermis- sion during each session, the time of holding said. sessions to be determined by, or with the approval of, the Board of Directors of said District. In Witness Whereof, the Directors of said District, and said Teacher, have hereunto set their hands, and the Superin- tendent of Schools of said County has hereunto affixed his sig- nature in approval hereof, all on the day and year first above written. Kxecuted in triplicate. • Chairman. Clerk. Board of Directors. A pproved : Teacher. County Superintendent of Schools. NOTICE. — This contracl is to be made in triplicate: one to be given to the Teacher, another to be kept in the office of County Superintend- ent, and the other for the Board of Directors. Boards of Directors and 08 SCHOOL DIRECTORS GUIDE other officials arc forbidden to cause money to be paid for services of teachers who are not certificated as provided by law. This contract is not valid unless signed by at least two of the School Directors, and the Teacher, and approved by the County Superintendent. Filing: Teacher's Contract. Between School District No County, New Mexico, and Date 19. ... Term Months. Filed in the office of the Superintendent of Schools of said County, this day of A. D. 19 ... . Supt. of Schools. PERMIT FORM. Form B. To Whom It May Concern : By virtue of the power vested in me by Section V, Chapter NCVII, Session Laws of 1907, I County Superintendent of . '. County, hereby issue to , New Mexico, this permit to teach in any of the Public Schools of County, from this date until the day of the next examination of teachers in said county. Given at New Mexico 19. . . Co. Supt. Schools Countv. SCHOOL WARRANT. Warrant Record Page. . . . Warrant No. . . . Warrant Record Page STATE OF NEW MEXICO, County School District No Warrant No • •" N. M 191 .. . Pay to the order of School District No Dollars °ut of the funds of this School District, not 191-. otherwise appropriated, being the amount \™^,,v,t * allowed Amount, $ . for Issued to For Chairman Board of Directors. Secretary Board of Directors. Received above de- Approved for payment 191.. scribed Warrant County School Superintendent. To the Treasurer of County , New Mexico. SCHOOL DIRECTORS' GUIDE 69 NOTICE OF ELECTION FOR DIRECTORS. Notice is hereby given to the voters of School District No. , County of , New Mexico, that an election will be held the first Monday in April, 19 at for the purpose of choosing school director according: to law. The election will be held by the present directors Commencing at 8 a. m., and closing at 5 p. m. School Directors. BALLOT SCHOOL ELECTION District Xo , County. For School Directors, I vote for for a term of ...... years for a term of ...... years for a term of years CERTIFICATE OF ELECTION OF APRIL — 19.... Dist. No , County of We, the undersigned, directors and judges of the election hereby certify that the election was held according to law, and that the following men were elected as director- : Name. Postoffice. For 3 years No. votes For 2 years " For 1 year " Signed Chairman Clerk Other member Make other explanations here. 70 SCHOOL DIRECTORS GUIDE OATH OF SCHOOL DIRECTORS. State of New Mexico, / County of \ ss. I having been duly Director in and for School District No County, New Mexico, do solemnly swear that I will support the Constitution and the Laws of the United States and the Laws of the State of New Mexico ; that I am not the holder of any public moneys due to this State ; or any county thereof, which is unaccounted for, and that I will faith- fully discharge the duties of the said office of School Director, to the best of my ability, so help me God. Subscribed and sworn to before me this dav of 19. . . COUNTY TEACHER'S PERMIT. Form A. Permit No Whereas, there has been presented to me. a petition from the School Directors of School District No , requesting that such a permit be granted; and, - 19 • • • Whereas credentials as to County ability and experience in teaching have been Teacher's Permit No... shown and are deemed sufficient to meet Granted to the rec l uirements of the law ; a "d Whereas, applicant has filed health certi- of ficate and has accounted for institute at- New Mexico, to teach tendance in accordance with law. in School District No. Therefore, I, Superintendent of Schools of County, New Mexico, and by authority vested in me as such, do now grant to , County Superintendent this permit to teach in the public schools of of Schools. County, New Mexico, from this the day of 19. . ., until the next regular examination of teachers in this county. County Superintendent of Schools. SCHOOL DIRECTORS Gl'IDE 71 ENUMERATION F( >RM. (Form should be large enough to cany thirty or more names.) Enumeration of persons between the ages of five and twenty-one years, residing in School District No , County, New Mexico. NoTE. — This report must be signed by all the District Di- rectors and tiled with t he County Superintendent before the 15th of September in each year. NAMES. MALE AGE ! 1 FEMALE AGE : 1 ■ 1 j RECAPITULATION. Number of persons : Male ; Female : Total We hereby certify the above to be a correct list of the per- sons of school age in District Xo County. New Mexico, taken on or before the first day of September. 19 Directors. 19 72 school directors' guide NOTICE TO POLL TAX PAYERS. Poll Tax for 19.. . School District No County New Mexico. Below is a list of persons liable for the payment of a poll tax in School District No , County, New Mexico. All able-bodied men over the age of twenty-one shall pay a poll tax of one dollar in the. school district in which they live. The law makes no limit to age over 21. Every cent of poll tax collected here is placed to the credit of this school district; therefore, any attempt to avoid pay- ment of same is an attempt to defraud the school children of this district of their just dues. However, it is our intention to see that every poll tax is collected this year. Poll tax should be collected before the first Monday in April, but can be collected any day in the year, should it for some reason, not have been collected at the proper time. The clerk of the school board is the proper one to collect the poll tax and give receipt for same. He may go from house to house and collect if he wishes, but the law does not require him to do this — each man should, if necessary, carry or send his poll tax to the clerk. The law requires the clerk, on or before the first Monday of April, to deliver to the County Treasurer One Dollar for each of the names below, unless some have not paid, then he is to make a certified statement to the County Superintendent, giving the names of those who are delinquent and reason for said delinquency. He (the clerk) is also to deliver the names of these delinquents to the Justice of the Peace for collection, and when this is done, a fine is always attached. If some have failed to pay their poll tax for the past year or for the past two or three years, it should be paid at this time. "No property shall be exempt from execution in suits for the collection of poll taes." — Sec. 1549,. page 69, Laws of 1909. Persons who moved into the district after the posting of this notice, but have not paid their 1910 poll tax elsewhere, are lia- ble for a poll tax in this district. The clerks of the various districts are under oath and bond for the faithful performance of their duties, and they will be SCHOOL DIRECTORS* GUIDE 73 expected to report to the Justice of the Peace, all delinquents if there be such on the first Monday of April. Let this be our motto : "Every 1912-13 poll tax collected in County by the first Monday in April." County Superintendent of School-.. 1 16.. 2 17.. 3 18.. 4 19. . 5 20. . 6 21'.. 7 22. . 8 23. . 9 24. . 10 25. . 11 26.. 12 27. . 13 28.. 14 29. . 15 30. . Signed by Clerk of District, NOTE. — On the first Monday in February, clerk of school board should post one or more of these notices in the district, forward one to the county superintendent, and reserve one for his own use. On or before the first Monday in April, make another report to county su- perintendent, and mark opposite each name, either paid or delinquent as the case may be and give reasons for delinquency. POLL TAX RECEIPT. No X" $ Date 19. Received from , 19. . . Received from (in*' Dollar, for Poll Tax for the year 19... in School District No , County, N. M. In School District No. ..... County, N. M. Poll Tax for the year 19.... Clerk of School District 74 SCHOOL directors' guide NOTICE OF BOND ELECTION. Notice is hereby given to the qualified voters of School District No of County. New Mexico, that an election will be held at on the day of 19. . . , for the purpose of voting upon the question of the issue of bonds in the sum of Dollars in denominations of Dollars bearing interest at per cent, dated and running for a period of years redeemable after years, bonds sold and handled as provided by Section 1542, Compiled Laws of 1897, the receipts from the sale of said bonds to be used for Directors. FUEL CONTRACT. This memorandum of agreement, made this day of , 19 ... , between of the one part, and as Directors of School District No in the County of New Mexico, of the other part. WITNESSETH : That said agrees to deliver at the school house in said District, on or be- fore the . day of 19 . . . tons of coal and cords of wood, of a good quality at $ per ton and $ per cord. And said as Directors, as aforesaid, are then and there to certify in favor of the said for the sum due for said fuel. Contractor. Directors. SCHOOL DIR1CCTORS GUIDE 75 BOUNDARIES SCHOOL DISTRICT NO.. .. County. X. M 19. . Boundaries of District. Corner. Quarter. Seel ion. Township Range Beginning a t Miles to Thence County Superintendent of Schools. NOTICE OF COMPULSORY SCHOOL ATTENDANCE. All children between the ages of seven and fourteen years, physically able and residing- within three miles of the school house, must attend school during the entire term. A penalty of $25.00 may he imposed upon a parent or guardian who vio- lates this statute. ( See 1909 School Laws. Sec. 1555 and Sub-Sec. 2.) County Superintendent. Board of Directors. AVISO. Todos los nirios de las edades de siete a catorce arios, que no esten dishahilitados fisicamente, y residiendo dentro de tres millas de la casa de escuela, deben atender a la escuela durante todo el termino de la misma. Una multa de $25 6 encarcela- miento sera impuesto al padre 6 guardian que violare esta acta. (Vease. Leyes de Escuela, Sec. 1555 y Sub-Sec. 2.) Superintendente de Condado. Cuerpo de Directores. SCHOOL directors' guide MONTHLY REPORT CARD. (To be sent to parents by teacher for each child.) Monthly Report of for Term ending 19 . . Teacher. 1st Month 2nd Month 3rd Month 4th Month Aver- ages • 18 Absences, one-half days - Signature of Parent or Guardian. Excellent 95 to 100 1st Mo Good, 85 to 95 2d Mo Medium, 75 to 85 3d Mo Poor. below 7r> 4th Mo To Parent or Guardian : Please examine the stand- ing, sign name in the proper blank, and return the card promptly. Let us work together in educating the pupil. N. B. — Use one card for each half of the entire term of school. GAYLAMOUNT PAMPHLET 8INOCR Manufacture by OAYLORD BROS. Ins, SyracuM, MY. Stockton, Calif. UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 223 097