-/ General School Law of South Carolina 1916 Compiled by THOS. H. PEEPLES Attorney General, October 1916 tl hv tin- .^tatf Df'iHirtmi'nt nf Education J. /:. SWEAl -nlcnt - GIFT OF I ' NERAL SCHOOL LAW OF SOUTH CAROLINA 1916 PUBLISHED BY J. E. SWEARINGEN State Superintendent of Education Constitutional Provisions. ARTICLE XI. EDUCATION. 1. The supervision of public instruction shall be vested in a State Superintendent of Education, who shall be elected for the term of two years by the qualified electors of the State, in such manner and at such time as the other State officers are elected; his powers, duties and compensation shall be defined by the General Assembly. 2 There shall be a State Board of Education, composed of the Governor, the State Superintendent of Education, and not exceeding seven persons to be appointed by the Governor every four years, of which board the Governor shall be Chairman, and the State Superintendent of Education, Secretary. This Board shall have the regulation of examination of teachers applying for certificates of qualification, and shall award all scholarships, and have such other powers and duties as may be determined by law. The traveling expenses of the persons to be appointed shall be provided for, by the General Assembly. 3 Tin- (leneral Assembly shall make provision for the election or ap- pointment of all other necessary school officers, and shall define their qualifi- cations, powers, duties, compensation and terms of office. 4 The salaries of the State and County school officers and compensation of County Treasurers for collecting and disbursing school moneys shall not be paid out of the school funds, but shall be otherwise provided for by the Gen- eral Assembly. 5 The (ieneral Asembly shall provide for a liberal system of free public schools for all children between the ages of six and twenty-one years, and for the division of the counties into suitable school districts, as compact in form as practicable, having regard to natural boundaries, and not to exceed forty- nine nor he less than nine square miles in area: Provided, That in cities of ten thousand inhabitants and over, this limitation of area shall not apply: Provided, further, That when any school district laid out under this section shall embrace' cities or towns already organized into special school districts in which graded school buildings have been erected by the issue of bonds, or by special taxation, or by donation, all the territory included in 2 GENERAL SCHOOL LAW OF SOUTH CAROLINA said school district shall bear its just proportion of any tax that may be levied to liquidate such bonds or support the public schools therin: Provided, fur- ther, That nothing in this article contained shall be construed as a repeal of the laws under which the several graded school districts of this State are or- ganized. The present division of the counties into school districts and the provisions of law now governing the same shall remain until changed by the General Assembly. 1 6. The existing County Boards of Commissioners of the several counties, or such officer or officers as may hereafter be vested with the same or similar powers and duties, shall levy an annual tax of three mills on the dollar upon all the taxable property in their respective counties,, which tax shall be collected at the same time and by the, same officers as the other taxes for the same year, and shall be held in the county treasury of the respective counties; and the said fund shall be apportioned among the school districts of the county in proportion to the number of pupils enrolled in the public schools of the respective districts, and the officer or officers charged by law with making said apportionment shall notify the trustees of the respective school districts thereof, who shall expend and disburse the same as the Gen- eral Assembly may prescribe. The General Assembly shall define " enroll- ment. " Not less than three trustees for each school district shall be selected from the qualified voters and taxpayers therein, in such manner and for such terms as the General Assembly may determine, except in cases of special school districts now existing, where the provisions of law now governing the same shall remain until changed by the General Assembly: 2 Provided, The manner of the selection of said trustees need not be uniform throughout the State. There shall be assessed on all taxable polls in the State between the ages of twenty-one and sixty years (excepting Confederate soldiers above the ages of fifty), an annual tax of one dollar on each poll, the proceeds of which tax shall be expended for school purposes in the several school districts in which it is collected. Whenever during the three next ensuing fiscal years the tax levied by the said County Boards of Commissioners or similar officers and the poll tax shall not yield an amount equal to three dollars per capita of the number of children enrolled in the public schools of each county for the scho- lastic year ending the thirty-first of October in the year eighteen hundred and ninety-five, as it appears in the report of the State Superintendent of Educa- tion for said scholastic year, the Comptroller General shall, for the aforesaid three next ensuing fiscal years, on the first day of each of said years, levy such an annual tax on the taxable property of the 'State as he may determine to be necessary to make up such deficiency,, to be collected as other State taxes, and apportion the same among the counties of the State in proportion to the respective deficiencies therein. The sum so apportioned shall be paid by the State Treasurer to the County Treasurers of the respective counties, in propor- tion to the deficiencies therein, on the warrant of the Comptroller General, and shall be apportioned among the school districts of the counties, and disbursed as other school funds; and from and after the thirty-first day of December, in the year eighteen hundred and ninety-eight, the General Assembly shall cause to be levied annually on all the taxable property of the State such a tax, in addition to the said tax levied by the said County Boards of Commissioners 1. The laws applying to school districts and 5, of Art. XI, and so construed a separate Act the Graded schools held not repealed by this con- extending the boundaries of a school district al- stitutional provision. Martin v. School District of ready created may be regarded a special provision Laurens, 57 S. C. 125. in a general law. State v. McCaw, 77 S. C. 351. Liberal provision for support of schools required. 58 S. E. 145. Murph v. Landrum, 76 S. C. 32. And Acts in 2. The General Assembly has no power to dis- the interest of ' the schools will be so construed. burse public school funds by Joint Resoultion, ex- State, Spencer v. McCaw, 67 S. C. 351. cept through the trustees of the district. Asbill Subdivision XI, of 34, of Art III, of Const, of T. Martin, 84 S. C. 271, 66 S. E 297, distm- 1895, must be construed in connection with See. *uishing Dickson v. Burckmeyer, 67 S. C. 534. GENERAL SCHOOL LAW OF SOUTH CAROLINA or s milar officers, and poll tax above provided, as may be necessary to keep the schools open throughout the State for such length of time in each scholas- tic ear as the General Assembly may prescribe ; and said tax shall be appor- *tioi id among the counties in proportion to the deficiencies therein and dis- bur ed as other school funds. Any school district may by authority of the (.'ei iral Assembly levy an additional tax for the support of its schools. 8 7. Separate schools shall be provided for children of the white and col- ore* races, and no child of either race shall ever be permitted to attend a sch< ol provided for children of the other race. 4 8 The General Assembly may provide for the maintenance of Clemson Ag: cultural College, the University of South Carolina, and the Winthop Nor- mal and Industrial College, a branch thereof, as now established by law,, and ma} create scholarships therein; the proceeds realized from the land script giv n by the Act of Congress passed the second day of July, in the year eigh- teei hundred and sixty-two, for the, support of an agricultural c6llege, and any lands or funds which have heretofore been or may hereafter be given or app -opriated for educational purposes by the Congress of the United States, sha I be applied as directed in the Acts appropriating the same : Provided, Th? t the General Assembly shall, as soon as practicable, , wholly .separate Cla lin College from Claflin University and provide for a separate corps of pro essors and instructors therein, representation to be given to men and woi len of the negro race ; and it shall be the Colored Normal, Industrial, Agi .cultural and Mechanical College of this State. i 9. The property or credit of the State of South Carolina, or of any foivity, city, town, township, school district or other subdivision of the said Sta' e, or any public money, from whatever source derived, shall not, by gift, don ition, loan, contract, appropriation, or otherwise, be used, directly or indi- rect ly, in aid or maintenance of any college, school,, hospital, orphan house, or oth Superintendent of Education. 583. Auditor to report polls, etc. Pen- alty. 585. Exercising office of examiner or trustee after removal. 586. Failure of School Commissioner or County Treasurer to keep gen- eral cash account. 586a. Teachers, principals and superin- tendents required to file re- ports. 586b. Report to County Superintendent of Education. R 586c. County Superintendents to file re- ports with State Superinten- dent of Education. H 586d. Cancellation of certificates. 1 586e. County Board fund. 8 GENERAL SCHOOL LAW OF SOUTH CAROLINA 1698. State Superintendent of Education His Election, Bond, and Salary. The State Superintedent of Education shall be elected at each gen- eral election, in the same manner as other State officers, and shall enter upon the duties of his office at the time prescribed by law. Before entering upon the duties of his office, he shall give bond, for the use of the State of South Carolina, in the penal sum of five thousand ($5,000) dollars, with good and sufficient sureties, to be approved by the Governor, conditioned for the faith- ful and impartial performance of the duties of his office ; and he shall also, at the time of giving bond, take and subscribe the oath prescribed in Section 26 of Article III of the Constitution of the State, Avhich shall be endorsed upon the back of said bond ; and the bond shall be filed with the Secretary of State, and by him recorded, and when so recorded, shall be filed with the State Treasurer. The State Superintendent of Education shall receive as compen- sation for his services the sum of nineteen hundred dollars per annum,, pay- fib] e monthly out of the State Treasury; and his traveling expenses, not ex- ceeding three hundred dollars, shall be paid out of the State Treasury upon duly itemized accounts rendered by him. Civ. '02, 1174; 1896, XXII,150; 1901, XXIII, 750. 1699. Duties. He shall have general supervision over all the public school funds, and it shall be his 'duty to visit every County in the State as often as practicable for the purpose of inspecting the schools, awakening an interest favorable to the cause of education, and diffusing as widely as possible, by public addresses and personal communications with school officers, teachers and parents, a knowledge of existing defects and of desirable im- provements in the government and instruction of the said schools. He shall secure, by and with the advice of the State Board of Education, uniformity in the use of text books throughout the free public schools of the State, and shall forbid the use of sectarian or partisan books and instruction in said schools. He shall prepare and transmit to the several County Superintendents of Education, school registers,, blank certificates, reports and such other suit- able blanks,, forms and printed instructions as may be necessary to aid school officers and teachers in making their reports and carrying into full effect the various provisions of the school laws of this State; and shall cause the law relating to the free public schools, with such rules, regulations, forms and instructions as shall be legally prescribed, to be printed, together with a suit- able index, in pamphlet form, at the expense of the State ; and he shall cause copies of the same to be transmitted to the several County Superintendents of Education for distribution. He shall collect in his office such school books, apparatus, maps and charts as can be obtained. He may certify copies of all papers filed in his office, and such certified copies shall be competent evidence thereof. Civ. '02, 1175; 1896, XXII, 150. / Note. The State Superintendent has general supervision over all public schools and school funds. Duncan v. Heyward, 74 S. C. 565; 78 S. C. 243. No fees can be charged pupils entitled to attend such schools. Attorney Gen- eral's opinion, 1903, ,Reports and Resolutions, 1904, p. 1062. Though such fees may be charged under some special charter. Atty. General's opinion 1901, Oct. 15. 1700. To Report to General Assembly. He shall make a Report, through the Governor, to the General Assembly at each regular session thereof show- ing: 1. The whole number of pupils registered in and the number enrolled as hereinafter defined in the free common schools of this State during the year ending the thirtieth day of the last preceding June, and the number in each County registered in and the number enrolled as herinafter defined during the same period. 2. The number of whites and the number of colored, of each. ; se: , attenc GENERAL SCHOOL LAW OF SOUTH CAROLINA 9 attending the said school^ 3. The number of free schools in the State. 4. The number of pupils studying each of the branches taught. 5. The aver- a^ wages paid to teachers of each sex, and to the principals of schools and dc >artments in said schools. 6. The number of school houses erected during th year, and the location, material and cost thereof. 7. The number previ- 01 -ly erected, and the material of their construction, and their condition and \i ue, and the number with the grounds enclosed. 8. The Counties in which T< ichers' Institutes were hold, and the number attending the Institutes in 8 -h County. 9. Such other statistical information as he may deem impor- ta it, together with such plans as he may have matured and the State Board of ft ucation may have recommended for the management and improvement o: the school fund and for the more perfect organization and efficiency of tl j free public schools. All State institutions of higher learning shall make at annual report on or before the first day of September of each year to the S~ ite Superintendent of Education, embracing a detailed account of the op- 01 itions of such institutions, including the expenditure of the public moneys f( the current scholastic year, which reports the State Superintendent of Ed- ui ation shall include in his annual report to the Legislature. All Acts or p, rts of Acts requiring annual reports to be made to other authorities are h ivby repealed. Civ. '02, 1176; 1896, XXII, 150. Note. As to erection of school houses, see Atty. Gen. op. May 12, 1916. 1701. Salary of Clerk. The sum of nine hundred dollars shall be al- 1( \vcd to the Superintendent of Education for the purpose of defraying the : jx-nses of clerk hire in his office. Civ. '02, 1177; 1896, XXII, 150. 1702. State Treasurer to Hold Devise or Bequest to State for Educa- tiDnal Purposes, etc. The State Treasurer shall take and hold in trust tor tl e State any grant or devise of lands and any gift or bequest of money or personal property made to him for educational purposes, all gifts to .e State where the purpose is not designated, all escheated property, the Hit assets or funds of all estates or copartnerships in the hands of the C >urts of the State where there have been no claimants for the same within the last seventy years, and other money, coming into the Treasury of the State b/ reason of the Twelfth Section of an Act entitled "An Act to provide a ii ode of distribution of the moneys as direct tax from the citizens of this State by the United States in trust to the State of South Carolina," approved tlie twenty-fourth day of December in the year eighteen hundred and ninety- v one, togther with such other means as the General Assembly may provide. '.I he State Treasurer shall from time to time invest in bonds of this State or of the United States all such money in the name of the State, as permanent State school fund, and shall pay out the income derived therefrom to the County or the Counties of the State as the same may be apportioned among said Counties by the State Board of Education: Provided, That no disposi- tion shall be made of any property, grant, devise, gift, or bequest, inconsist- ent with the purpose, conditions or terms thereof. For the faithful manage- ment of all property so received by the State Treasurer, 'he shall be responsi- ble upon his bond to the State as for other funds received by him in his official capacity: Provided, however, That the Trustees of any school dis- trict of this State may take and hold in trust for their particular school district '.ny property granted, devised, given or bequeathed to such school district, and apply the same in interest of the schools of their district in such manner Jis in their judgment seems most conducive to the welfare of the schools when not .otherwise directed by the terms of the grant, devise, gift or bequest: And Provided, further, That before said Trustees shall assume control of 10 GENERAL SCHOOL LAW OF SOUTH CAROLINA any grant, devise, gift or bequest they shall give bond, to be approved by the County Board of Education of the County in which such grant, devise, gift or bequest is made, conditioned for the faithful discharge of the trust reposed in them in respect to said property, which bond shall be deposited with the Clerk of the Court of said County. The said Trustees are hereby invested with the care and custody of all school house or other school property belong- ing to their school districts, with full power to control the same in such manner as they may think will best subserve the interest of the free public schools and the cause of education. Civ. '02, 1178; 1896, XXII, 150. 1703. Other Duties. The State Superintendent of Education shall dis- charge such other duties as may be provided by law; and he shall deliver to his successor, within ten days after the expiration of his term of office, all books, papers, documents and other property belonging to his office. Civ.'02, 1179; 1896,XXII, 150. _1704. Vacancy How Filled. In case a vacancy occurs in the office of State Superintendent of Education,, from any cause, such vacancy shall be filled by the Governor, by and with the advice and consent of the Senate, and the person so appointed shall qualify within fifteen days from the date of such appointment, or else the office shall be deemed vacant. If the vacancy occur during the recess of the Senate, the Governor shall fill the same by appointment until the Senate can act thereon. Civ.'02, 1180; 1896, XXII, 150. 1705. State Board of Education. The Governor, the Superintendent of Education, and seven persons, one from each Congressional District, to be appointed :by the Governor, who shall hold office for four years, and until their successors may be appointed, unless sooner removed by the Governor, shall constitute the State Board of Education. Of this Board the Governor shall be ex officio Chairman, and the State Superintendent of Education shall be Secretary of the Board. The Secretary shall be custodian of the records, papers and effects, and shall keep minutes of its proceedings; and said re- cords, papers and minutes shall be kept in the office of the State Superintend- ent of Education and shall be open to inspection by the public. Civ. '02, 1181; 1896, XXII, 150. 1706. Meetings of Board Compensation. The said Board shall meet on the call of its Chairman, or upon the request of a majority of its members, at the office of the State Superintendent of Education, or at such other place as may be designated in the call. A majority of the Board shall constitute & quorum for transacting business. The official seal of the State Superintend- ent of Education shall be used for the authentication of the acts of the State Board. The members of the State Board of Education appointed by the Gov- ernor shall receive as compensation four dollars per diem and mileage as is provided for members of the General Assembly, -not exceeding twenty days in any one year. Civ.'02, 1182; 1896, XXII, 150. 1707. Advisory Board to Superintendent of Education Powers in Cases of Appeal. The State Board of Education shall constitute an advisory body, with whom the State Superintendent of Education shall have the right to consult when he is in doubt as to his official duty ; and shall have the power to review on appeal all decisions of the County Boards of Education, as here- inafter provided for. Appeals to the State Board of Education must be made through the County Boards of Education, in writing, and must dis- GENERAL SCHOOL LAW OF SOUTH CAROLINA 11 tinctly set forth the question of law as well as the facts of the case upon which the appeal is taken, and the decision of the State Board shall be final upon the matter at issue. Civ. '02, I 1183; 1896, XXII, 150. Note. The remedy against illegal acts of County Boards of Education is by appeal to the State Board. Greenville College for Women v. County Board of Education, 75 S. C. 93. State v. Daniel, 52 S. C. 201. Sligh v. Bowers, 62 S. C. 409. The appeal operates as a supersedeas. Atty. Gen. op. 1905, p 41. As to procedure on appeal to State Board of Education, see Atty. Gen. op. June 24, 1913. 1708. The State Board of Education shall have power: 1. To adopt rules and regulations not inconsistent with the laws of the State for its own government and for the government of the free public schools. 2. To prescribe and enforce rules for the examination of teachers. 3. To pre- scribe a standard of proficiency before County Boards of Education, whicn will entitle persons examined by such Boards to certificates as teachers. 4. To prescribe and enforce the course of study in the free public schools. 5. To prescribe and enforce, as far as practicable, the use of a uniform series of textbooks in the free public schools of the State; to enter into an agree- ment with the publishers of the books prescribed, fixing the time of prescrip- tion and the price above which the books shall not be retailed during the period of prescription and a rate of discount at not less than which the books shall be furnished by the retail dealers in this State; to require the publish- ers, in the discretion of the Board, to establish in each county one or more depositories of their books within the State, at such place or places as the Board may designate, and where such books may be obtained without delay; and to exact of the publishers a bond in the sum of not more than five thous- and dollars, conditioned for the faithful performance of the agreement, and with a penalty of twenty-five dollars for each violation of the agreement, the form and execution of the bond to be approved by the Attorney General of the State, which agreement and bond shall be deposited with the State Treas- urer, all recoveries thereon to go into the State treasury for school purposes: Provided, That the State Board of Education shall not have power, without permission of the General Assembly of the State, to change a textbook within five (5) years from the date of its adoption except for violation of the agree- ment entered into by its publisher with the State Board of Education, for which cause it may be changed by the said Board : And Provided,further, That not more than 50 per cent, of the exchangeable books used in the first, second Kand third grades, and not more than 50 per cent, of the exchangeable books used in the fourth, fifth, sixth and seventh grades, and not more than 50 per cent, of the exchangeable books used in the high school grades, as designated by the State Board of Education, shall be changed at any one adoption. Every change for the textbook adopted for any subject or grade shall be based on at least one reason to be assigned for the change by the State Board of Education in writing, and the vote of the Board making such change shall bo recorded in the minutes of said Board, and shall be taken on a roll call, said roll call to be recorded in said minutes. The meetings of the State Board of Education, at which .textbooks may be adopted, shall be public; and it shall be unlawful for any teacher drawing public school money to use any book not prescribed by the State Board of Education without the con- sent, in writing, of said Board. 6. To review on appeal an order revoking a Bounty certificate. 7. To award scholarships created by the General Assem- bly in the institutions of learning in whole or in part supported by the State. To grant State teachers' certificates and to revoke them for immoral or unprofessional conduct, profanity or evident unfitness for teaching. 12 GENERAL SCHOOL LAW OF SOUTH CAROLINA 2. Inconsistent Acts Repealed. That all Acts and parts of Acts inconsis- tent with this Act are hereby repealed. Approved the eleventh day of March, A. D. 1915. Note. There is no indication in this Section that State Board of Educa- tion may not provide by contract with publishers of school text books to maintain at State Capitol a central wholesale depository from which its agencies and the County depositories may be supplied at discount of not less than ten per cent. Duncan v. State Board, 74 S. C. 560, affirmed in 78 S. C. 227. As to teachers' certificates, see Atty. Gen. op, April 1, 1914. As to power of State Superintendent in making contracts for the adoption and sale of school books w r ithin the State, see I Johnson Pub. Co., v. State Board of Education, 91 S. C. 55. Civil Code 1912, 1708. Amended 1914. 1709. State Board of Education to Award Certain Scholarships. The scholarships provided by law in the University of South Carolina, in the Clem- son Agricultural College, in The Citadel, the Military College of South Car- olina, and in the Winthrop Normal and Industrial College, shall be awarded by the State Board of Education upon the recommendation of the faculties of the respective institutions, or of such committee as may be appointed for that purpose by the boards of trustees of those institutions. 1911, XXVII, 113. 1710. Dates of Competitive Examinations. These recommendations shall be determined by competitive examinations. The dates of these exam- inations shall be as follows : For the University of South Carolina, and for the Clemson Agricultural College, the second Friday in July of each year. For The Citadel, the Military College of South Carolina, the second Friday in August of each year. For the Winthrop Normal and Industrial College, the first Friday in July of each year. 1911, XXVII, 113. Note. In case of flood, storm or other extraordinary circamstances pre- venting the holding of examinations on these dates, other dates may be set by presidents of the respective colleges. Atty. Gen. opinion, 1916. 1711. Conditions and Methods of Examinations. The conditions and methods of these examinations shall be as follows : No person who, during the current yeaj*, has won or holds a scholarship at one State institution shall be eligible to stand an examination for a scholarship in any other State insti- tution. No applicant for a scholarship shall be eligible to stand an examina- tion for a scholarship if such applicant has already attended the institution for which the scholarship is intended, or any other institution of higher learn- ing known as college or university: Provided, That this condition shall not apply where there is no other applicant. No student who has forfeited a free scholarship, because of failure to maintain himself, shall be eligible to com- pete for reappointment at the same institution, or appointment in any other institution. No applicant shall be debarred from any of these examinations by reason of the fact that he or she has not obtained a permit to stand. The questions for these examinations shall be prepared under the direction of the presiding officers of the several institutions, and shall be forwarded to the respective County Superintendents of Education ten days before the dates appointed for the respective examinations. The said County Superintendents of Education shall hold the said examinations under such rules as may be prescribed by the respective institutions and approved by the State Board of Education, and the County Superintendents of Education shall forward the papers to the presiding officers of the several institutions. The papers shall GENERAL SCHOOL LAW OF SOUTH CAROLINA 13 be examined under the direction of the presiding officers of the respective institutions, and the faculty of each institution, or such committee as the board of trustees thereof may appoint for that purpose, shall make recom- mendations as to the award of the scholarships to the State Board of Educa- tion. Each institution shall have the right to reject any applicant who, in. respect of age, of examination papers, or in any respect, fails to meet its re- quirements for admission. 3911, XXVII, 113. '1712. Vacancies How Filled. If a vacancy shall occur in a scholarship for which there is no eligible applicant from /the county to which that scholar- ship belongs, the faculty of the institution in which that vacancy occurs, or the committee to which this duty has been entrusted by the board of trustees, may fill the vacancy by the appointment of any applicant from the State at large : Provided, That when such vacancy is filled by such appointment at large the scholarship shall again become vacant at the end of the current session if there is an eligible applicant from the County to which the scholar- ship regularly belongs. J911, XXVII, 113. 1713. Requirement as to Scholarships. Those receiving scholarships in the University of South Carolina shall be required to take the regular teachers' normal course. 1911, XXVII, 113. 1714. Normal Scholars Deposit Notes. All holders of normal scholar- ships in the University of South Carolina shall be required at the time of the receipt of any scholarship funds by them to deposit with the treasurer of the University their notes for the amount of scholarship money received, promis- ing to repay such money to the State Treasurer at or before the expiration of eight years after date of such receipt, which notes and promises shall be cancelled on presentation to the dean of the department of education of satis- factory evidence of the promissors' having taught school in South Carolina for two years after leaving the institution. 1911, XXVII, 113. 1714a. Award of Scholarships in Winthrop Regulated. After the ap- proval of this Act, in counties to which less than four free scholarships in Winthrop College are apportioned, at least one such scholarship shall be open exclusively to applicants from rural communities, and in counties bav- in u more than four such scholarships at least two shall be open exclusively to applicants from rural communities : Provided, That nothing herein contained shall prevent applicants from rural communities from contesting for any such scholarships : Provided, The said applicants from rural communities make the required entrance examination average ; if they do not, then the r.ward of the scholarship shall revert to such other applicant or applicants who make the required average. 1912, XXVII, 685. 1714b. Beneficiary Scholarships to Clemson to Be Awarded How. The beneficiary scholarships in Clemson Agricultural and Mechanical College as now apportioned among the several counties shall be awarded as hereinafter provided, to wit: In counties having less than four such scholarships, one shall be open exclusively to boys from rural communities, and in counties having four or more such scholarships, at least two thereof shall be open ex- clusively to boys from rural communities: Provided, That nothing herein 14 GENERAL SCHOOL LAW OF SOUTH CAROLINA shall exclude boys residing in rural communities from also contesting for any of such scholarships. 1912, XXVII, 685. 1714c. Beneficiary Scholarships for Clemson. There are hereby estab- lished and created fifty-one beneficiary agricultural scholarships in the Clem- son Agricultural College of South Carolina, said scholarships to be of the value of $100.00 per annum, and free tuition, and to be awarded so that there shall be one scholarship to each county, and seven scholarships from the State at large. 1912, XXVII, 686. _1714d. Scholarships to Be Awarded How. The said scholarships shall be awarded as a prize for meritorious agricultural achievement under the fol- lowing conditions: On or before July 1st, the County Executive Committee or other governing Board of the most representative and well organized ag- ricultural association or society or organization of farmers in the county as determined from time to time by the Board of Trustees of Clemson Agricul- tural College, shall recommend to the President of the said Clemson Agricul- tural College, in order of merit, three or more young men who have done creditable work of an agricultural nature, giving an explicit statement of the work done by each. The young men thus recommended shall be notified by the President of the College and shall stand examination at the county seat at the same time and under the same conditions as other scholarship appli- cants; except that no certificate of financial inability shall be required. In the event of there being no such agricultural association or society, or organ- ization of farmers in any particular county, the Director of the Agricultural Department of the said Clemson Agricultural College shall solicit opinions from three or more representative farmers in the said county, and from these recommendations prepare a list which shall be submitted to the President of the College in lieu of the recommendation of the said Executive Committee or other governing Board of such agricultural association, society, or organiza- tion of farmers. 1912, XXVII, 686. 1714e. Scholarships at Large. Recommendations for the seven scholar- ships at large shall be made in every way as for the county scholarships, ex- cept that the Executive Committee or other governing Board of the most representative and well recognized association or society or organization of farmers in the State at large as determined from time to time by the Board of Trustees of Clemson Agricultural College shall act instead of the County Ex- ecutive Committee pr other governing Board hereinbefore mentioned in Sec- tion 1714d. 1912, XXVII, 686. _1714f. Age Limit. Any student as above recommended for meritorious agricultural service, shall, as a prerequisite to admission to the Clemson Ag- ricultural College, be of such age as is fixed by the Board of Trustees for ad- mission of other students, and shall have passed the entrance examinations as required of other beneficiary scholarship students. 1912, XXVII, 686. 1714g. Board of Education to Appoint. The Faculty of the said Clem- son Agricultural College, or committee designated by the Board of Trustees for that purpose, shall recommend to the State Board of Education for ap- pointed to the scholarship, one of the young men on the list of those recom- GENERAL SCHOOL LAW OF SOUTH CAROLINA 15 m tided who has successfully passed the examination, and is otherwise qu ilified. 912, XXVII, 686. 1714h. How Scholarships to Be Paid for Term of Scholarship. The said sc idarships shall be paid from the income of the said Clemscm. Agricultural C liege as now provided by law, and each shall continue for a term not ex- ec ding one year ; or for such length of time as the beneficiary shall be able to m intain himself as a student of the college,, and the said sum of $100.00 per ai :ium shall be placed to the credit of each beneficiary, and applied to the p; yment of his board and other necessary expenses. .912, XXVII, 686. 1715. Enrollment Defined. No child shall be counted in the enrollment HJ >re than once, nor in more than one school district in any one school year, ai d the school. officer charged with the duty of enrollment willfully violating t> is provision shall be guilty of a misdemeanor. The teacher or principal of CA ery school shall keep and furnish annually to the Trustees of the school dis- tr ct a list of all pupils that have attended the school during the preceding sc nolastic year, showing the names of the pupils, their respective places of r( sidence and the number of days each pupil has attended, which list shall be c( rtified to the County Board of Education by said Trustees on or before the If t day of August in every year. Civ. '02, 1185; 1896. XXII, 150. 1716. Enrollment in Night Schools to Be Counted in Apportionment. Vhenever any children of school age, as provided by law, shall attend a pub- li : night school for twenty nights in any scholastic year, they shall be deemed enrolled and their names shall be used by the County Boards of Education in kincr apportionments just as if they had attended day school ten days, as p -ovided by law : Provided, That the said night schools shall be taught by t< achers qualified by law to teach in the public schools of tile State : And Pro- v ded, also, That the course of study shall be the course approved by the State Board of Education for use in the public schools of the State. The same children shall not be counted twice in making up the enrollment o: ! a school district. 1905, XXIV, 960. 1717. County Superintendent of Education Election Term lond To Qualify Immediately Failure in Thirty Days Creates Vacancy Act Not to Apply to Bamberg, Saluda and Berkeley Not to Affect Superin- tendents Now in Office. There shall be elected by the qualified electors of fio county, a County Superintendent of Education for each county, who shall 1) old his offioo for a torm of four years and until his successor is elected and qualified. Ho shall, before being commissioned and entering apon the duties cf his office, give bond to the State, for tho use of the county in which he is elected, for educational purposes, in tho ponal sum of one thousand dollars, ^ith good and sufficient sureties, to be approved by the County Board of Commissioners, conditioned for the faithful and impartial discharge of the < uties of his office; and shall take and subscribe the oath of office prescribed in Section 26, Article III of the Constitution of this State, which he shall f:le in the office of tho Secretary of State. Whon commissioned, he shall im- raediately ontor upon tho discharge of his duties. His failure to qualify with- in thirty days aftor notice of his election shall croato a vacancy: Provided, That in any county whero the torm of office of the County Superintendent of -Mucation now expires in January such torm is hereby extended to July first following such expiration : And Provided, further, That the term of office of 16 GENERAL SCHOOL LAW OF SOUTH CAROLINA the County Superintendent of Education shall run from July first throughout four consecutive scholastic years in each county: Provided, The provisions of this Act shall not apply to; the counties of Bamberg and Saluda : Provided The provisions of this act shall not apply to Berkeley county, but the term of office for the County Superintendent of Education for Berkeley county shall remain two years : Provided, That this Act shall not be construed to extend to four years the term of office of any Superintendent already elected for two years. _2. Inconsistent Acts Repealed. All Acts and parts of Acts inconsistenc with this Act be, and the same are hereby, repealed. Approved the eleventh day of March, A. D. 1915. Note. County Superintendent of Education. Removal from office for mis- conduct, see Atty. Gen. op. Jan. 25, 1915. Vacancy in office of County Su- perintendent,, see Atty. Gen. op. Feb. 19, 1915. 1718. Vacancies. The State Board of Education shall fill all vacancies in the office of County Superintendent of Education for the unexpired term. Note. See Atty. Gen. op. Dec. 22, 1915. 1719. Duty to Visit Schools, etc. It shall be the duty of each County Superintendent of Education to visit the schools in his County at least once in each year, and oftener if practicable, and s to note the course and method of instruction and the branches taught, and to give such recommendation in the art of teaching and the method thereof in each school as shall be neces- sary, so that uniformity in the course of studies and method of instruction employed shall be secured as far as practicable in the schools of the several grades, respectively. He shall acquaint himself as far as practicable with the character and condition of each school, noting any deficiencies that may ex- ist, either in the government of the school or the classification of its pupils or the method of instruction employed in the several branches, and shall make such suggestions in private to the teachers as to him shall appear necessary to the good order of the school ' and the progress of the pupils. He shall note the character and condition of the school houses, the sufficiency or insuffi- ciency of the furniture, and shall make such suggestions to the several Boards of Trustees as in his opinion shall seem conducive to the comfort and pro- gress of the several schools. It shall be the duty of each County Superinten- dent of Education to aid the teachers in all proper efforts to improve them- selves in their profession. For this purpose he shall encourage the formation of association of teachers for common improvement and conduct teachers' institutes. He shall attend the meetings of such associations and give such advice and instruction in regard to their conduct and management as in hi* judgment will contribute to their greater efficiency. Civ. '02 1188; 1896, XXII, 150. 1720. County Superintendent to Attend Annual Settlement of County Treasurer Apportionment of School Funds. The County Superintendent of Education shall attend the annual settlement of the County Treasurer with the Comptroller-General. Within ten days after the County Treasurer makes his monthly report to the County Superintendent of Education, showing the amount of money collected by him since his last monthly report, it shall be the duty of the County Superintendent of Education to apportion the money arising from a tax on property as shown by the Treasurer's report among the school districts ^of his County, and to certify such apportionment to the County Treasurer, together with the poll tax belonging to each district as shown by said report; and it shall be the duty of the County Treasurer to enter upon his book to the credit of each school district the amount due each GENERAL SCHOOL LAW OF SOUTH CAROLINA 17 < istrict according to such certificate of apportionment,, and the County Treas- i-rer shall pay out the money belonging to the respective districts, upon the ^hool warrants of such districts, duly signed and countersigned by the s -hool authorities, for that scholastic year in the order of their presentation 1 rovided, That there be no outstanding claims of the previous scholastic year, . .'id the Comptroller-General shall receive the warrants thus paid as proper ouchers in the hands of the County Treasurer. Civ. '02 1189; 1896, XXII, 150, 1898 XXII 761. Note. See Crim. Code for penalty for violation of this section. 1721. Reports of County Superintendent What to Contain. The an- ual report of the County Superintendent of Education shall contain the com- iete statistics of all schools within his County supported in whole or in part rom the public funds, as may be required of him by the State Superintendent f Education. Civ. '02 1190, 1896, XXII, 150. _1722. Annual Report, etc., of XJounty Superintendent. The County Superintendent erf Education shall make an annual report of all claims filed, indited and allowed and ordered paid by him during each fiscal year to the jresiding Judge at the third term of the Court of General Sessions for his bounty, which shall be held after the first day of January in each year, to be submitted by said Judge to the Grand Jury for their examination. After examination, the Grand Jury shall report thereon to the presiding Judge any natter growing out of or pertaining to said annual report which to them may seem worthy of the attention of the Court. The said report shall thereupon be filed by the Clerk of said Court, and kept as papers of said Court, for in- spection by any citizen desirous of examining the same, 'iv. '02 1191, 1896, XXII, 158, 1897 XXII, 509. 1723. County to Furnish Certain Things. The County Board of Com- missioners of each County are authorized and required to furnish the County ~ >ard of Education of their County with a comfortable and convenient office d suitable office furniture, and to supply said office with fuel, \lights, sta- meiy, postage and such other incidentals as ape necessary to the proper ansaction of the the legitimate business of his office. Civ. '02 1192, 1896 XXII, 158. 1724. Report to County Treasurer All Claims Approved. It shall be the duty of the County Superintendent of Education, on or before the fifteenth day of July in each year, to report to the County Treasurer, by school dis- tricts, all school claims approved by him for the school year last preceding, and the County Treasurer shall thereupon close the school accounts for that year, carrying over any balance to the credit of each school district of the then current fiscal year. r. '02, 1193; 1896, XXII, 158. 1725. Register to Be Kept. The County Superintendent of Education hall keep a register of all claims approved by him and of such other matters as the State Superintendent of Education shall require of him, and in the form prescribed by the State Superintendent. Civ. '02 1194, 1896, XXII, 158. 1726. What to Furnish the Trustees. The County Superintendent of Education shall furnish the School Trustees of his County with copies of the reports made to him by the County Auditor and County Treasurer as to the 18 GENERAL SCHOOL LAW OF SOUTH CAROLINA persons listed and paying poll tax, and shall aid the Trustees in making all proper corrections. Civ. '02, 1195; 1896, XXII, 158. 1727. Seal of County Superintendent. The County Superintendents of Education shall keep in their office a die, in a circular form, upon the centre of which shall be engraved, in capital letters, the word "seal," and on the cir- conference the proper words indicating the office, which shall be regarded as the seal of the office, and which the County Superintendent of Education shall be required to impress upon all papers issued from his office, and affix his name to such paper. And it shall be the duty of the County Board of Commissioners in each County to furnish the County Superintendent of Education of their respective Counties with such seal. Civ. '02, 1196; 1896, XXII, 158. Note. It is not necessary that claims approved by him be also under his official seal. State v. Morton, 51 S. C. 223. 1728. Salaries of Oounty Superintendents of Education Fixed. iLn Abbeville, Marlboro, Chester, Lexington, Union and York Counties they shall receive annually, in addition to the salaries provided, one hundred dollars, and in Laurens County, fifty dollars, for traveling expenses; in every other County of the State they shall receive annually in addition to their salaries such sum as may be necessary to pay actual expenses incurred by them in attending meetings called for the purpose of advancing the educational inter- ests, and for the purpose of visiting schools in other Counties in order to be- come familiar with their management and mode of teaching: Provided, That no such account shall be approved in favor of any County Superintend- ent of Education until such Superintendent of Education shall have furnished the County Board of Education with an itemized statement, under oath, of the expenses incurred: And provided, further, That in no case shall the ex- penses exceed one hundred dollars to be paid on the warrant of the County Board of Education. His claim for service and expenses shall be presented in the form of an account against the County Board of Education, and shall be verified by affidavit to the effect that said account is just and true; that the service therein named was honestly and faithfully rendered, and that the sum therein claimed is rightfully due and remains unpaid. "When said ac- count shall have been duly audited and approved by the County Board of Education, it shall be filed with the County Treasurer, who shall pay the same ratably out of the funds apportioned to the several school districts in pro- portion to the average number of children attending the free public schools in each school district. Civ. '02, 1198; 1883, XXIII, 535; 1891, XX, 1114; 1391, 1268; 1893, XXI, 492; 1899, XXIII, 1057; 1905, XXIV, 836. Note. The Act of 1899, Sec. 1197, held not to repeal Sec. 1057, of the Rev. Stats. 1893, contained in this Section. Houser v. Orangeburg County, 59 S. C. 265. As to employment of assistants for County Superintendent of Education, see Atty. Gen. op. June 4, 1904, and May 30, 1916. 1729. County Board of Education Of Whom Composed, Etc. There shall be a County Board of Education in each County, composed of three members, one of whom shall be the County Superintendent of Education, and the other two shall be appointed by the State Board of Education, at its reg- ular meeting in April, 1897, and every two years thereafter, who shall hold their office for a term of two years from the time of their appointment a*id GENERAL SCHOOL LAW OF SOUTH CAROLINA 19 until their successors shall be appointed and qualified, unless sooner removed by t e State Board of Education. *Ch '02, 1199; 1897, XXII, 516. N( De. Two are a quorum and can act. See Atty. Gen. op. 1906. 730. Duties of County Board of Education. The County Board of Edu ation shall examine all candidates for the position of teacher, and give to each person found qualified a certificate setting forth the branches of learn- ing ie or she may be capable of teaching, and the percentages attained in each branch, said certificate to be valid for a term of two years, unless sooner re\( cod, and it may be renewed with or without examination, at the discre- tion of the board, all of which shall be done under such regulations as the Stat j Board of Education may prescribe. No teacher shall be employed in any Df the free public schools without a certificate from the County Board of Kdu nation or the State Board of Education : Provided, That no examination as it the qualification shall be made in the case of any applicant who produces a fi 11 diploma from any chartered college or university of this State, or Mer minger Normal School of Charleston, and furnish satisfactory evidence of f. ood moral character : Provided, further, That the State Board of Edu- cati >n shall examine into the curriculum, standing, faculty and equipment of ( ich institution, and see that it is doing real college work, before certifi- cate * may be issued on its diplomas. The two members of the board ap- poir ted by the State Board of Education shall receive for the services ren- der* d by them compensation at the rate of three dollars per diem for not exc< eding seven days, except in the counties of Greenville and Orangeburg, Avlu re the number of days shall not exceed twenty, and in the counties of Bar iwell, Dorchester, York and Hampton, where the number of days shall be ten, if so much be necessary, in each year, and mileage of five cents for each mile of necessary travel, the same to be paid by the County Board of Commissioners out of the ordinary county funds. Civ. '02, If 1200; 1897, XXII, 516; 1903, XXIV, 1084; 1906, XXV, 37; 1908, XXV, 1161; 190<, XXVI, 73; 1910, XXVI, 740; 1911, XXVII, 116. Note. As to teacher's certificates, see Atty. Gen. op. April, 1, 1914! Ex par re, Greenville College, 75 S. C. 93. Teachers without certificate cannot draw pay. Atty. Gen. op. 1906. . 1731. What Shall be Taught. It shall be the duty of the County Board of Education and the Boards of Trustees hereinafter provided for to see that in >very school under their care there shall be taught, as far as practicable, ort lopraphy, reading, writing, arithmetic, geography, English grammar, the elenents of agriculture, history of the United States and this State, the principles of the Constitution of the United States and this State, morals and good behavior, algebra, physiology and hygiene, and especially as to the jff'icts of alcoholic liquors and narcotics upon the human system, English lit< rature, and such other branches as the State Board may from time to time direct. Civ. '02, 1201; 1896, XXII, 161. ii 1732. Physiology and Hygiene to Be Taught in Public Schools Na- ture of Alcoholic Drinks and Narcotics. The nature of alcoholic drinks and narcotics and special instruction as to their effect upon the human system, in connection with the several divisions of the subject of Physiology and Hygiene, shall be included in the branches of study taught in common or pub- lic schools in the State of South Carolina, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in *a:d schools, by the use of text-books in the hands of pupils where other 20 GENERAL SCHOOL LAW OF SOUTH CAROLINA branches are thus studied in said schools, and orally in the case of pupils unable to read,, and shall be taught by all teachers and studied by all pu- pils in all said schools supported wholly or in part by public money. 1908, XXV, 1054. 1733. Text-Books Relating to Alcoholic Drinks and Narcotics. The text-books used for the instruction required to be given by the preceding Section in primary and intermediate grades, shall give at least one-fourth of their space to the consideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall contain at least twenty pages of matter relating to this matter. 1908, XXV, 1054. 1734. Penalty to Enforce Provisions. It shall be the duty of the proper officers in control of any school described in the foregoing Section to enforce the provisions of the last two Sections; and any such officer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of the last two Sections, or shall neglect or fail to make proper provisions for the instruction required and in the manner speci- fied by Section 1732, for all pupils in each and every school under his juris- diction, shall be removed from office and the vacancy filled as in other cases. 1908, XXV, 1054. 1735. Three Mill Tax. The County Board of Education of the several Counties of this State, or such officer or officers as may be vested with the same or similar powers or duties shall levy an annual tax of three mi^s on the dollar upon all the taxable property in their respective Counties, which tax shall be collected at the same time and by the same officers as the other taxes for the same year, and shall be held in the County treasury of the respective Counties, and on the first day of July of each year, or as soon as practicable thereafter, the said fund shall be apportioned by the said County Boards res- pectively among the school districts of their respective Counties in proportion to the number of pupils enrolled in the public schools of such school districts, and the said County Boards shall ascertain the amount of poll taxes collected in and for each school district of their respective Counties, and shall notify the County Treasurer and the trustees of each school district of the amount of poll taxes, as well as of the amount of the aforesaid fund apportioned by them to each school district. How School Funds are Distributed and Expended. The school funds of each district shall be distributed and expended by the Board of Trustees for the best interests of the school district, according to the judgment of the Board of Trustees, on their warrant approved by the County Superintendent of Education. For the purpose of said apportionment pupils shall not bf deemed enrolled until after an attendance of at least ten days during the* preceding scholastic year. Civ. '02, 1202; 1896, XXII, 161. Note. Mandamus will not issue to compel approval of warrant where tho funds in the treasury are insufficient to pay it. Williams v. Hires, 51 S. C. 338. Bryson v. Daniels, 52 S. C. 201. The power of the County Superin- tendent is also discretionary and mandamus, therefore is not the proper remedy; the remedy is given in the next Section. State v. Hires, see Const. 1895, Art. XI, Sec. 6. As to expenditure of school funds, see Atty. Gen. op. May 27, 1913. 1736. Advisory Board to County Superintendent Powers in Case oi GENERAL SCHOOL LAW OF SOUTH CAROLINA 21 Appe J. The County Board of Education shall constitute an advisory body with whom the County Superintendent of Education shall ha\e the right to cons! tt when he is in doubt as to his official duty, and also a tribunal for de- term ling any matter of local controversy in reference to the construction or admi dstration of the school laws, with the power to summon witnesses and take -estimony if necessary, and when they have made a decision said decision shall be binding upon the parties to the controversy : Provided, That either of tl ; parties shall have the right to appeal to the State Board of Education, and aid appeal shall be made through the County Board of Education, in writ ig, and shall distinctly set forth the question in dispute, the decision of the -'ounty Board and the testimony as agreed upon by the parties to the cont oversy, or, if they fail to agree, upon the testimony as reported by the Coin ty Board.' Ch '02, 8 1203; 1896, XXII, 161. N< te. It is clear that the action of a Board of Trustees is subject to super- visic i and orders of the County Board of Education. State v. Daniel, 52 S. C 201. An appeal lies from the County to State Board. Williams v. Hire >, 51 S. C. 388. And when taken acts as a supersedeas. Atty. Gen. op. 190c p. 41. A County Board of Education cannot enter into a contract with the Soard of an adjoining county for the joint conduct of a school, which will bine the successors of the respective districts. Rouse v. Benton, 100 S. C. 150. Williams v. Hires, 51 S. C. 388, action by school teacher for damages for >reach of contract to teach school is not "matter of local controversy in ref e -ence to construction or administration of school law." Hughes v. School District 66 S. C. 259. Mandamus to require County Board of Edu- cation to issue teacher's certificate to graduate of Greenville College for Wo- men on its diploma is not proper remedy, but appeal to State Board of Ed- ucaiion. Ex parte, Greenville College, 75 S. C. 93. 1737. Meetings and Duties of Board of Education. The County Board of 1 Education shall meet for the purpose of examining applicants for teachers' certificates, and the transaction of other business, at least twice a year, at such times as the State Board of Education shall appoint. The County Superintendent shall be Chairman and Clerk of the Board,, and shall keep a fair record of their proceedings, and register of the name,, age, ex, color, resi- e.veral Counties of the State are hereby made and declared to be the divisions f the Counties for taxation for all school purposes. Civ. '02, S 1207; 1896, XXII, 162. 1742. How School Districts May Levy Special School Tax How Col- ected and Paid. The voters or electors of any school district, who return real >r personal property for taxation, are authorized to levy and collect an annual ax to supplement any special or other constitutional or other tax for like pur- poses in the following manner : Upon the written petition or request of at least jne-third of the resident electors and a like proportion of the resident free- holders of the age of twenty-one years, being filed with the County Board of Education, asking for the same and stating the rate of the tax levy pro- posed, which shall not exceed eight mills, the said County Board of Educa- tion shall order the Board of Trustees of said school district to hold an elec- tion at some place within the district, after giving notice of the time and place thereof for at least two weeks in some newspaper published within the County, and by posting notice thereof in at least three public places within such school district, for such length of time, unless there be no newspaper published within the County, in which event the posting of the notices as above shall suffice : at which said election only such electors as return real or personal property for taxation, and who exhibit their tax receipts and regis- tration certificates as required in general elections, shall be allowed to vote. At the said election the Board of Trustees shall act as managers, and the election shall be conducted as- is provided by law for the conduct of general elections. At said election each elector favoring the proposed levy shall cast a ballot containing the" word "Yes," printed or written thereon, and each elector opposed to said levy shall cast a ballot containing the word <4 No," printed or written thereon. Within ten days after such election, if the majority of those voting shall vote for such levy, the Board of Trustees fchall furnish the County Auditor with a statement of the amount so levied and the Auditor shall enter the same in the tax duplicates, and he shall an- nually, each year thereafter, enter said amount in the tax duplicates until the same is increased, decreased or repealed by said taxpayers, at an election called for the purpose, and he is notified that the same has been increased, decreased or repealed; and if increased or decreased, he shall annually enter it as before ; which election shall be called and notice given in the same way and manner as is herein provided for the calling of meetings to make the levy and the giving of the notice that it has been made, and the County Treasurer shall collect the same as other county and State taxes : Provided, That any tax which may be levied, increased, decreased or repealed after October 1st in any fiscal year ,shall not take effect until the next succeeding fiscal year. Such levy shall be a lien on the property in such school dis- trict, which shall be subject thereto in case of default of payment. Said tax so collected shall be paid out by the County Treasurer upon warrants drawn by tho Board of Trustees, countersigned by the County Superintendent 24 GENERAL SCHOOL LAW OF SOUTH CAROLINA of Education: Provided, That any surplus of such levy rfcuiaining in the Lands of the County Treasurer, at the expiration of any fiscal year shall be paid out as other school funds of the district. Each taxpayer, when he pays any tax for school purposes voted under the provision of this Section, shall have the right to designate to which school in said school district he wishes the money paid by him to go; and the Treasurer shall keep a note of such designation, and the money be applied as thus designated. When no desig- nation is made by the taxpayer at the time of such payment, the money shall be expended as other school funds in such district: Provided, That nothing herein contained shall be construed to change the manner now pro- vided by the law for the collection and paying out of special taxes in any school district now established by any special Act of the General Assembly and organized thereunder. Civ. '02, 1208; 1896, XXII, 162; 1900, XXIII, 364; 1903, XXIV, 64; 1906, XXV, ,113; 1907, XXV, 631; 1910, XXVI, 742. Note: Proceedings to levy tax; taxpayer participating estopped to deny regularity, etc. Martin v. School District of Laurens, 57 S. C. 125, Provision that "only such electors as return real or personal property ior taxation ", etc., shall be allowed to vote, does not apply to election under Sec. 1743. McLaurin v. Tatum, 85 S. C. 444. Where the district lines divide tract of land,, owner can only vote in the district in* which he resides, see Atty. Gen. op. 1904, p. 52; 1906, p. 102. The voter must both own property in the district and have paid taxes, see Atty. Gen. op. 1906, p. 99, March 7, 1900. If the election is contested,, the County Board of Education hears the con- test and determines the result, subject to review by State Board, Atty. Gen. op. 1904, p. 53. This is a local election, distinguished from general or special election, and the provisions of the Code requiring registration books closed for thirty days prior thereto do not apply to it. See Atty. Gen. op. 1903, p. 52. If illegally conducted, the levy may be enjoined, Atty. Gen. op. 1903, p. 51. The petition must be signed by one-third both of resident voters and resident freeholders, Atty. Gen. op. July 10, 1902. The electors must be registered, but not the freeholders, which term includes women owning property in the district,, Atty. Gen. op. 1906, p. 104. The County Auditor should be given written notice of the levy. Dent v. Brice, 16 S. C. 12. This notice must be given in time for the Auditor to make the proper entries on duplicates before October first, Atty. Gen. op. 1906, p. 105. So as to the time of election, Atty. Gen. op. May 10, 1902. The taxpayer can only direct application of tax to a school within the district wherein his property taxed is situated. Atty. Gen. op. 1904, p. 29. When once voted, the tax is a lien upon all property within the district until repealed. Atty. Gen. op. 1904, p. 30 ; or the land is taken out of the district by an alteration of lines, Atty. Gen. op. 1904, p. 31. As to construction, Sec. 1742, see Atty. Gen. op. March 21, 1916. As to qualification of electors, see Atty. Gen. op. April 14, and May 2, 1913. 1907, XXV, 523. 1743. School Districts May Issue Bonds Elections. The trustees of any public school district in the State of South Carolina are hereby author- ized and empowered to issue and sell coupon bonds of the said school district, payable to bearer, in such denominations and amounts as they may deem nec- essary, not to exceed four per cent, of the assessed valuation of the property of such school district for taxation, and bearing a rate of interest not ex- ceeding six per cent, per annum, payable annually or semi-annually, and at such times as they may deem best: Provided, That the question of issuing the bonds authorized in this Section shall be first submitted to the qualified voters of such school district at an election to be held upon the written peti- , GENERAL SCHOOL LAW OF SOUTH CAROLINA 25 tioi or request of at least one-third of the resident electors and a like pro- por .on of the resident freeholders of the age of twenty-one years, to deter - miD whether said bonds shall be issued or not, as herein provided : Provided, fur ier, That before any election is held hereunder it shall be the duty of the trustees of the school district to have a survey of said school district ina< e by some competent surveyor and a plat thereof made and filed in the offi< 3 of the Clerk of Court: Provided, further, That the maximum percent- age of assessed valuation as fixed above shall not apply to Rosemary School Dis rict in the County of Georgetown, but that in said school district the una: imurn percentage of assessed valuation of property shall be eight per cen . 1 D7, XXV, 523; 1909, XVXI, 89. 1 ote. Term "qualified voter" means same as "qualified elector" in Const. an< general election Statutes. McLaurin v. Tatum, 85 S. C. 444. As to the lev of special tax, see Atty. Gen. op. July 18, 1913. 1744. How Election Shall Be Held. For the purpose of determining the issue of bonds authorized in Section 1743, such ^rustees of school district sha 1 order an election to be held at such place in such school district as may b^ iesignated by such Trustees of such school district on the question of v h ;ther such bonds shall be issued or not, in which election only qualified voi "rs residing in such school district shall be allowed to vote, and such Trus- tee ; shall give notice of such election for ten days in a newspaper published in sue n district, or- by posting such notice in three public places in such school dis rict ; shall designate the time and place and appoint the managers of sue h election, and receive the returns of the managers and declare the re- KUl S. 2 )07, XXV, 523. Note. As to validity of bonds issued under this Section, see Dove v. Kirk- lard, 92 S. C. 322. ? 1745. Ballots. The ballot cast must have written or printed on it the eal, State v. Morton, 51 S. C. 323. A school district is a part of the County's territory, divided off by the County Board of Education, for taxation for skool purposes, Gallishaw v. Jackson, 99 S. C. 342. 1759. All School Warrants to Be Approved by County Superintendent of Education. Any and all school warrants issued by any Board of School Trustees against any public school fund shall not be paid by the County Treasurer or other officer having the custody of such fund until the warrant has been approved by the County Superintendent of Education of the County in which said warrant is drawn. 109, XXVI, 132. Note. Mandamus will not issue to compel the County Superintendent to approve a warrant where its does not appear that the County Treasurer has sufficient funds to pay it. Rouse v. Benton, 100 S. C. 150. 1760. Trustees Not to Receive Pay as Teachers. It shall be unlawful for a school Trustee to receive pay as a teacher of a free public school. Oiv. '02, 1217; 1896, XXII, 165. 1761. Powers and Duties of School Trustees. The Board of Trustees shall also have authority, and it shall be their duty : 1. To Provide School Houses. To provide suitable school houses in their districts, and to make the same comfortable, paying due regard to any school house already built or site procured, as well as to all other circumstances proper to be considered so as to best promote the educational interests of their district. 2. To Employ and Discharge Teachers. To employ teachers from those having certificates from their County Board of Examiners or from the State Bwird of Education, and fix their salaries, and to discharge the same when GENERAL SCHOOL LAW OF SOUTH CAROLINA 31 and sufficient reasons for so doing present themselves, subject to the *up( -vision of the County Board of Education. Q alification of Teacher. No general or special School Trustee shall here- afte employ any teacher who has not a certificate to teach in the free pub c schools of the State. This provision, however, not to affect the eni- ploj nent of any teacher now teaching in any of the schools of the special sch( >1 districts: Provided, further, That the trustees of any such school shal always have the right and power to impose any additional examinations and qualifications they may deem proper before or after employing any teac icrs : Provided, also, That all funds of the free public schools of the Sta- 5 other than those arising from the special levy of special school districts sha be paid out of the County Treasury upon warrants duly vouched by he School Trustees of the respective schools or school districts or other- as provided by the laws governing any special school district. 3 To Suspend or Dismiss Pupils. To suspend or dismiss pupils when the best interest of the schools make it necessary. 4 To Call Meetings for Consultation. To call meetings of the qualified elec ;ors of the district for consultation in regard to the school interests the eof ; at which meetings the Chairman or other member of the Board shall pre ide, if present. 5 To Control School Property. To take care of, manage and control the sch >ol property of the district. 6 To Visit the Schools. To visit the free public schools within their dis- trict from time to time, and to take care that they are conducted according aw and with the utmost efficiency. . Ferriage of Trustees. They shall be allowed to cross all bridges or fer -ies free of charge when they are traveling on official business. Cir. '02, 1218; 1896, XXII 165. Note. Location of school house site by trustees is subject to review by the County Board of Education, Sligh v. Bowers, 62 S. C. 409. Young v Trus- tee;, 64 S. C. 131. See also Atty. Gen. op. 1904,. p. 26. Trustees cannot ch? rge pupils incidental fees, Younger v. Trustees, 64 S. C. 131. The teacher elejtod must be one having a certificate, Atty. Gen. op. 1904, p. 43, and can- no1 be elected for a longer term than that of the trustees electing, Atty. Gen. op. 1901, p. 43, also opinion 1916. The trustees cannot employ a Superinten- dent to visit and supervise the work of the schools in their district, Atty. Gen. op. 1904, p. 44. The power granted trustees under this Section is sub- ject to the supervision and orders of the County Board of Education, Bryson v. D;miel, 52 S. C. 201. As to authority of trustees to suspend or dismiss pupils, v.hen the best interest of the school makes it necessary and their duty to provide separate schools for children of different races, see Tucker v Bhase, 97 S. C. 303. Trustees are charged by law with the duty of erecting school houses so as to promote the educational interests of their districts and cannot by contract divest themselves of the right to so exercise their judg- ment, Kx Parte, Surralt, 103 S. C. 525; Surratt v. Cash, 103 S. C. 531. Repairs to school build in ITS can be most advantageously made when the scaool is not in session and ;iro usunlly made at such time to avoid interfer- ence with school work, Walker v. Sawyer, 104 S. C. 342. As to power of Board of trustees to make contracts effective beyond their o*n terms of oi- ffce, see Rouse v. Bent on, 100 S. C. 150. As to payment of teachers' salaries under subdivision 2, see Attorney Gen. op. Nov. 19, 1914. As to election of teachers related to trustees, see Atty. Gen. op. Aug. 13, 1915. As to powor 32 GENERAL SCHOOL LAW OF SOUTH CAROLINA of trustees to contract with teachers for services beyond the term of trustee so contracting, see Atty Gen. op. July 5, 1916. Power of trustees must be exercised subject to supervision of County Board of Education, See Atty. Gen. op. Aug. 22,. 1916. Number of hours which a school teacher would work per day is within the discretion of the trustees, see Atty. Gen. op. Jan. 31, 1933. A school trustee may be indicted, after he has gone out of office, for misdemeanors and violations of law committed by him while holding office of school trustee, State v. Elliott, 94 S. C. 35. 1761a. School Buildings to Be Insured Insurable Value Defined. It shall be the duty of the School Trustees, School Commissioners or other school official or officials, having the management and control thereof whether held and operated under the general public school laws or under laws appli- cable only to special school districts to insure and keep insured every insur- able school building of brick, or reinforced concrete construction, whatever may be its insurable value and on the contents thereof, and to insure and keep insured every insurable school building not of brick or concrete con- struction the insurable value of which is not less than three hundred ($300.00) dollars, the insurance premiums therefor to be paid from proper school funds in the usual and proper manner of disbursing same. The insurable value as used in this section shall be defined as three-fourths (%) of the value of the building wherever the rule of reliable old line insurance companies applies to policies if issued on other than State, county or municipal, or governmental property, the three-fourths (%) valuation clause, and shall be defined the full value of the building wherever such clause is not so applied. 1761b. In What Companies Insurance to Be Carried All insurance carried on every such school building which is not of brick or reinforced concrete construction, and on the contents thereof, shall be carried in reli- able old line insurance company or companies. 1761c. Policies to Be Proportioned Between Old Line Companies and .Insurance Department of Sinking Fund Premiums and Losses Proportoined Proviso. After the date of the approval of this Act all new insur- ance and all renewal of insurance upon the expiration of policies issued previous to said date upon every such school building of brick and reinforced concrete construction and on the contents thereof, whether such building is held and operated under the general school laws, or laws applicable to special school districts only, shall be by the School Trustees or School Commissioners, or other school official or officials, having control and management of said school building placed or carried thereon as follows : Fifty-five per cent. "(55 per cent) of all of said insurance carried thereon,, shall be carried in re- Jiable old line fire insurance company or companies, and forty-five per cent. (45 per cent.) of all of said insurance carried thereon shall be simultaneously and concurrently carried in the Department of State Insurance of Public Property by the Sinking Fund Commission which shall be by said school officials sought and obtained from the Sinking Fund Commsision, immediately upon placing said old line concurrent insurance; said fifty-fiv^ per cent. (55 per cent,) of the insurance so concurrently carried in reliable old line insur- ance companies and the said forty-five per cent. (45 per cent.) so carried by the Sinking Fund Commission on said buildings and the contents thereof, shall be concurrently carried, and the policies shall be issued concurrently and coterminally and the premium and losses paid upon each of said concurrent policies shall be proportionate to the amount of insurance earned in the said concurrent policies so that the premium paid to the Sinking Fund Commission for carrying forty-five per cent. (45 per cent.) of the whole amount of in- surance so concurrently carried shall be forty-five-fifty-fifths (45-55) of the aggregate amount of premium paid to all of the old line insurance companies . GENERAL SCHOOL LAW OF SOUTH CAROLINA 33 fc carrying fifty-five per cent. (55 per cent.) of all of said insurance so con- ci. Tently carried on said building and the contents thereof: Provided, Tha in til after March 1, 1918, the amount paid as premium to the Sinking Fund 0' mmission shall be the premium so prorated as above required to the Sinking F .nd Commission, less five per cent. (5 per cent.) of said Sinking Fund Conv n ssion's premium (that is, 4275 5500 of the aggregate amount of premium p. id to said old line companies) and after said date the full amount of p emium so prorated shall be paid to the Sinking Fund Commission. 1761d. How Premiums Paid Statement to Be Supplied by Old Line C >mpanies Duplicate and Premium to Be Forwarded to State Treasurer E aplicate to Be Sent Sinking Fund Commission. That said School Trustees, > -hool Commissioners or school official or officials whose duty it is to insurfc s id buildings, with old line insurance companies and with the Sinking Fund ( jimnission, shall pay or cause to be paid to the said old line insurance com- I niies and to the Sinking Fund Commission respectively the premium as ?. )ove required, by warrant or order drawn by the said School Trustees, J* ?hool Commissioners, or school officials as in the case of other disbursements f >r said schools upon the proper disbursing official who shall pay the same: I rovided, That no warrant or warrants to pay the premium on said old line ( Hiipany policies shall be drawn or delivered until the respective old line in- > i ranee a-ent or agents shall furnish to the school official drawing said war- T int or order a statement certified to in duplicate by the said agent or agents ( f the old line insurance company or companies issuing said concurrent poli- < ies, said statement containing an exact copy in full of all the written portions (f each and every old lino insurance company policy or policies and an exact M>py of all of the endorsements written thereon and schedules and forms at- t ached thereto ; and also stating the entire amount of concurrent insurance car- lied in all of said old line policies upon the building and contents thereof and ' -t w;h; -.rate premium issues, and the amount of concurrent insurance 1,'ated ;it the same premium rate as charged in the said old line insur- should be paid as herein required to the Sinking Fund Com- nd also the total amount of concurrent insurance permitted to be irried upon said buildings and contents thereof in all policies including 'ten by old line insurance companies and the Sinking Fund Cora- ls -aid School Trustees or Commissioners or school official or officials vhose duty it is to place said insurance and draw said warrant to pay prem- urn, shall forward one duplicate statement to the State Treasurer at Co- uiubin, S. C., aloiiff with said premium due to the Sinking Fund Commission P a y ;ll) ' ' Stnto Treasurer in Columbia, S. C., and shall simultaneously 1 'her said duplicate statement to the secretary of the Sinkinir Fund Commission at Columbia, S. C., so as to enable the Sinking Fund Commission fo properly issue the Sinkincr Fund Commission policy. g 1761e. Disposition of Premiums How Expended by Commission. That premiums when received by the State Treasurer as treasurer of the Sjnkmg Fund Commission shall be paid into the General Insurance Sinking Fund of the Department for State Insurance of Public Property provided for in Section 131 of Volume T. of the Code of Laws of 1912, from which the Sink- Mnd Commission shall pay all fire losses for which they are liable and the expenses necessary for the proper conduct of said State Insurant.- of i Ublic Property by the Sinking Fund Commission. 1761f. Payment of Losses Distributed Pro Rata To Be Sent to County easurer. That in the event of loss or damage by fire the amount paid for .oss or damage by the Commissioners of the Sinking Fund shall be rty-five per cent. (45 per cent.) of the aggregate amount for which all of the concurrent policies including the Sinking Fund Commission policv is 34 GENERAL SCHOOL LAW OF SOUTH CAROLINA liable, the Commissioners of the Sinking Fund settling pro rata upon the same basis upon which the said old line insurance company or companies settle their proportoin of the loss whether the same be ascertained and fixed by mutual appraisement or arbitration or by adjudication in the Courts. The loss or damage apportioned to be paid by the Sinking Fund Commission as herein provided shall be by said Comission paid over to the County Treasurer of the county wherein the damaged or destroyed school property is located, to be by said County Treasurer paid out as required by law upon the proper warrant or order of the proper official to pay for the repair, restoration or Bcbuilding of the school property damaged or destroyed by fire. 1761g. Changes to Be Made as Sinking Fund Assets Increase Per- centage of Increase Insurance by Sinking Fund Not to Exceed 50 Per Cent, of Assets Statements to Be Made by Sinking Fund Duty When Increase Ordered. That as the amount of assets of the said General Insurance Sinking Fund for State Insurance of Public Property shall increase the following changes shall be made in the proportionate amount of concurrent insurance respectively carried and in the liability respectively incurred by said reliable old line insurance company or companies and by the Sinking Fund Commis- sion ; commencing with the said assets in the hands of the Sinking Fund Com- mission, as estimated by said Commission, on December 31, 1915, whenever and as often as said Insurance Sinking Fund assets shall increase twenty-five pei' cent. (25 per cent.) the amount of insurance concurrently carried by the Sinking Fund Commission on the said building and the contents thereof, shall be increased five per cent. (5 per cent.) the percentage of insurance thereon concurrrently carried by said old line insurance companies being proportionately decreased : Provided, That the amount of insurance so carried concurrently by said Sinking Fund Commission upon any one building shall not exceed fifty per cent. (50 per cent.-) of the said Insurance Sinking Fund assets in the hands of the Sinking Fund Commission, the said excess over 50 per cent, of said assets which the Sinking Fund Commission may thus not carry shall be added to the percentage of concurrent insurance carried by said old line insurance company or companies on said building. It shall be the duty of the Commissioners of the Sinking Fund to prepare statements showing the amount of these insurance assets in their hands on the 30th day of June and the 31st day of December of each year (or more often if they deem it necessary) after deducting therefrom all amounts paid by them for losses incurred and for expenses necessary to the proper conduct of the busi- ness of State Insurance of Public Property; and whenever it becomes neces- sary to require the said five per cent, increase in the amount of concurrent insurance to be obtained from the Sinking Fund Commission said Commis- sion shall give notice thereof to each County Superintendent of Education, whose duty it shall be to give notice of said increase to all of the said School Trustees, School Commissioners and other school official or officials in the county. 1761h. Statement to Be Forwarded by County Superintendent of Edu- cationDuty of School Officials to Supply Certain Information. That the Qounty Superintendent of Education of each county shall between the 15th of May and the 15th of June of each year forward to the secretary of the Sinking Fund Commission at Columbia, S. C., a certified statement showing the number of public school buildings whether held or operated under the ti-eneral public school laws, or under the laws applicable to special school districts in the county, the approximate value of each, and whether of brick or reinforced concrete structure or whether of other construction, how much insurance is carried on each, and on the contents thereof and the date of expiration of existing insurance policies, and it shall be the duty of said GENERAL SCHOOL LAW OF SOUTH CAROLINA 35 officials charged with the management and control of same to furnish .ich [formation to the said County Superintendent of Education each year i tin for him to prepare and transmit said statement as above required to le se :retary of the Sinking Fund Commission. 1 61i. County Officials to Send Commission Certain Information. That sha I be the duty of the County Superintendent of Education and of said U!MX Trustees, School Commissioners, and other school officials and of the dd ; gents of said old line insurance companies carrying insurance so >ncu -rent with that carried by the Sinking Fund Commission as herein "ovi< ed for, to promptly send in writing by mail to the secretary of the inki g Fund Commission all such information as he may request of them L re^ ard to the insurance herein provided for as in their power to furnish. 1 61 j. Penalty for Violation of This Act. That any said public schoDl ficia or officials upon whom the duty devolves failing or refusing to carry it tl 9 provisions of this Act relating to the placing with said old line insur- ice ompany or companies and the obtaining from the Sinking Fund Com- issic ri proportionate concurrent insurance upon any building shall be guilty a isidemeanor and upon conviction thereof shall be fined in a sum not 3s t ;an twenty-five ($25.00) dollars, nor more than one hundred ($100.00) >llai * or imprisonment not less than ten nor more than thirty days. 1 '61k. Notice of Alteration in Policy by Old Line Companies to Be int Commission Immediately. That it shall be the duty of every School ust i e or School Commissioner or school official or officials receiving from y o d line insurance company any notice concerning the cancellation of or bstitution for any of said old line insurance company policies running ncu rrent with the Sinking Fund Commission policy as hereinabove provided an notice concerning any increase of premium thereon, or increase of the zarl of any school property carried therein at once to mail under im- iiiat.o delivery postage stamp a correct copy of such notice to the secre- ry )f the Sinking Fund Commission and promptly and at all times to rnish him any information and render him any aid in their power to carry t tl o provisions of this Act. 17611. Commission to Be Notified of Refusal or Failure of Old Line mpanies to Insure School Building 1 Commission May Insure for Pull nornt and Reinsure in Old Line Company. That whenever the insurance be carried concurrently and proportionately by the said old line insurance tnpiniea and the Sinking Fund Commission, as provided in this Act, on any all school buildings of brick or reinforced concrete construction and the ite its thereof, which are in an insurable condition, cannot be so placed icurrently and proportionately by reason of the old line insurance com- ny or companies refusing or failing to accept and issue policy or policies for ! a nount of such concurrent insurance apportioned to them under this Act, MI fhe said school official or officials whose duty it is to obtain such insur- p >hall notify the Sinking Fund Commission in writing of the said failure e'usal of the said old line company or companies to accept and issue in- ance policy or policies for such insurance apportioned and offered to k m and at the same time to send to the Sinking Fund Commission an appli- 1011 in writing directed to the secretary of the Commission, at Columbia, I. requesting the Sinking Fund Commission to issue a policy or policies vmg the full amount of insurance to be carried on the building and s thereof, and the Sinking Fund Commission, upon payment as herein wdert of all premiums due therefor, may issue a policy or policies carrying f said insurance and reinsure in one or more old line insurance companies 36 GENERAL SCHOOL LAW OF SOUTH CAROLINA licensed to do business in this State, the percentage thereof which under th Act would have been apportioned to the said old line insurance companies. Acts. 1916. Civ. '02, 1218; 1896, XXII, 165. 1762. Fund for Public School Buildings. The County Boards of Edi cation of the various Counties of this State are authorized to annually s< aside an amount equal to five per cent, of the entire public school funds ( their respective Counties, which said amounts shall be used by the sai County Boards of Education for the purpose of encouraging and aiding in tl construction of adequate public school buldings in their respective Countie* 1905, XXIV, 905; 1910, XXVI, 628. 1763. Additions to Funds. When the friends, patrons or trustees < any public school in any school district in any County in this State shall rail by private subscription, special tax, regular tax, sale of old buildings, issuir bonds, or otherwise funds for building a school house in such district, tl County Board of Education of such County shall turn over to the trustees < such school, from funds set aside for such purpose hereunder fifty dolla: ($50) for each one hundred dollars ($100) so raised by such friends, patroi of trustees for constructing such school building: Provided, No one scho' shall receive more than three hundred dollars ($300) under the provisioi herein : Provided, That in the case of the consolidation of two or moi schools an additional bonus of fifty dollars ($50) may be granted: Provide! further, That no more than one school in any one district, in any one yea shall receive such aid. 1905, XXIV, 905; 1910, XXVI, 628. 1764. Consolidated Districts to Have Preference. County Boards \ Education shall give the preference to School Districts which have combine and consolidated two or more school buildings. J905, XXIV, 905. 1765. Must Comply With Plans of the State Board of Education. AJI School District availing itself of the provisions herein shall comply wit plans and specifications approved by the State Board of Education. 1905, XXIV, 905. 1766. Approval of County Board Necessary. No School shall receh aid under the provisions herein without the approval of the County Boar of Education. J905, XXIV, 905. bo 11 1767. How Funds Paid Out. The funds provided for herein a shall be paid out by the County Treasurer only upon the warrant of County Board of Education, countersigned by the County Superintendent Education, and any funds not used by the end of the year shall revert ba to the general school fund of the respective Counties. 1905, XXIV, 905. 1768. Tax Returns. The County Auditor shall require each taxpay to return the number and name of the school district in whicji he resi<| when he makes his tax return,, and the Auditor shall state the name in a s( arate column in the tax duplicates. Civ. '02, 1219; 1896, XXII, 165. ' 1769. Poll Tax, etc., to Be Reported. The County Audito/, when GENERAL SCHOOL LAW OF SOUTH CAROLINA 37 has ( rnpleted the tax duplicates, shall report to the County Superintendent of E ucation, by school districts, the names listed for poll tax, and the aiuoi it of taxable property where there is a special levy. Civ '02 1220; 1896, XXII 165. 770. Poll Tax Retained in the County. The several County Treas- urer: shall retain the poll tax collected in their respective Counties; and it is I here y made the duty of the said Treasurer in collecting the peil tax to keep I an a count of the exact amount of said tax collected in each school district in his < otinty, and the poll tax collected therein shall be expended for school pur] >ses in the school district from which it was collected; and any violation of t is Section by the County Treasurer shall constitute, and is hereby de- clar- 1, a misdemeanor, and on conviction thereof the said County Treasurer shal pay a fine of not more than five hundred dollars, to be used for school pur] i')scs in the County suffering from such violation, or imprisonment, in tlit iscretion of the Court. Ci . '02, 1221; 1896; XXII 165. 1771. County Treasurer to Report Who Have Paid Poll Tax. Each Cou ity Treasurer, when he has finished the collection of taxes for his County, siia. report to the County Superintendent of Education tht; names of the ;f>ere )ns in the respective school districts who .have paid their poll tax. Ci j. '02, 1222; 1896, XXII 165. 1772. Treasurer to Make Monthly Reports to County Superintendent of JSdi cation. It shall be the duty of each County Treasurer to report monthly, on he fifteenth day of each month, to the County Superintendent of Educa- tioi of his County the amount of collections and disbursements made by him for the month on account of school tax and all other school funds; and it sha 1 bo a misdemeanor on the part of any County Treasurer to neglect, fail or i efuse to make such report, and on conviction thereof he shall pay a fine of not mure than five hundred dollars, the same to be used for school purposes in l.is County. C v. '02 1223; 1896, XXII 165. 1773. Moneys How Disbursed. All moneys disbursed by any County Treasurer on account of school funds, taxes or other school funds shall be pai 1 on the order of the Board of School Trustees, countersigned by the Conn: Superintendent of Education, or as otherwise directed by law. Note. Distinction between countersigning, and drawing a warrant on school fu ..!' . Hoard of Commissioners Florence Graded School, In Re McDuffie, School Commissioner, 43 S. C. 11. Civ. '02 1224; 1896, XXII, 165. !i 1774. County Treasurer to Make a Report to State Superintendent. Each County Treasurer shall make out and forward to the Stace Superinten- tteit of Education annually, on the first day of November, a certified state- Bwnt showing (by school districts) the amount of poll tax and the amount of all other school taxes collected by him for the fiscal year ending on the 31st day of December next preceding; and should any County Treasurer fail or uesrlc- : use to make and forward the statement as herein required, the State Superintendent of Education shall make a written complaint to the Circuit Solicitor for tic County in which the said Treasurer resides, who shall prosecute the said County Treasurer for the same, and on conviction thereof he shall he subject to a fine not more than five hundred dollars, the same to he used for f:v<- public school purposes in his County*. v. '02, 1225; 1896, XXII, 165. 38 GENERAL SCHOOL LAW OF SOUTH CAROLINA 1775. Unexpended Balances to Be Carried Forward. The Count} Treasurer shall carry forward all sums in his hands collected for any previ- ous year or years for school purposes, and unexpended, to the ,next fisca year, and credit the same to the school district respectively for which it wai apportioned, and he shall report the same to the County Superintendent o! Education. Civ. '02, 1226; 1896, XXII, 165. 1776. Unlawful for Certain Officers to Discount Teachers' Pay Certif cates. It shall be unlawful for any County Treasurer, County Auditor, men; her of County Board of Education, or School Trustee to buy, discount o; share, directly or indirectly,, or be in any way interested in any teacher's pa;. certificate or other order on school fund, except such as are payable to hir for his own services, or for any school Trustee to make any contract, or b pecuniarily interested, directly, in any contract with any school district oi which he is Trustee. Civ. '02, 1227; 1900, XXIII, 366. Note. See Grim. Code for penalty for violation of this Section. 1777. Trustees to Regulate the School Terms Contracts of Trustees.- The County Board of Education shall regulate the opening and closing oj the school terms so as best to promote and subserve the educational interes 1 of the different sections of their Counties : Provided, That all contracts whicl Boards of Trustees may make in excess of the funds apportioned to theii districts shall be void. And no teacher shall be employed by a Board oJ Trustees of any school district who is related to a member of the Board bj consanguinity or affinity within the second degree, without the written ap proval of the Board of Education of the County, nor unless a majority of the parents or guardians of the children attending the school for which sue! teacher is employed requests such employment in writing. Civ. '02, 1228; 1900, XXIII, 366. Note. Contracts in excess of funds are void, being beyond the power o: the trustees, State v. Bowman, 66 S. C. 153. A petition should be signed by the parent as desiring the employment of ! relative of a trustee as teacher and the approval of the County Board 01 Education should be endorsed thereon. Atty. Gen. op. 1905, p. 65. The term "second degree" includes persons related as uncle and nephew or niece, first cousins and those nearer. Atty. Gen. op. 1904,. p. 42. N After the petition, nomination or request in writing is submitted, it is foi the trustees to elect or not as they see proper. Atty. Gen. op. 1903, p. 107 1778. Age of Attendance. It shall not be lawful for any person who j ; less than six or more than twenty-one years of age to attend any of the fre< public schools of this State. Civ. '02, 1229; 1896, XXII, 170. Note. Since the passage of the Act of 1913, permitting trustees to estab lish free kindergartens, this Section has been modified to the extent of al- lowing children under six years of age to attend kindergartens established under the Act. Atty. General. 1778a. Kindergarten Schools Established. Any County Board of Edu cation throughout the State, upon recommendation of district trustees whether known by that name or another, whether created by general 01 SCHOOL LAW OF SOUTH CAROLINA cial Act, shall have power to establish and provide for kindergartens for e education of the children of not less than four years of age within their r spective jurisdictions, but no child under the age of six years shall be c uuted in the average attendance of any public school district when public s hool funds are to be apportioned to the several school districts. 1778b. Said kindergartens, when so established, shall be a part of the f ' ee common school system of this State and all funds now available, or :ich mny hereafter become available, for the maintenance of said system, ;i ,d Jill other funds which may come into the hands of said Boards of Educa- ; m for educational purposes shall be available, in due proportion, for the c tablishment and maintenance of said kindergartens. 1778c. Equipment of Teachers. No teacher or instructor shall be em- I oyed to teach in the kindergartens of this State who has not caken at least a two years' course in kindergarten training and received a certificate or (1 ploma from a recognized kindergarten normal training school approved by t ,e State Board of Education. 1778d. Counties Excepted. All laws and parts of laws in conflict with 1 iis Act be, and the same are hereby, repealed: Provided, however, That t ie terms of this Act shall not apply to the counties of Sumter, York, Green- (MM I, Bamberg, Abbeville, Saluda, Lee, Aiken, Jasper, Chesterfield and ^ /illiamsburg. Acts 1913. 1779. State and County Boards and Trustees Exempted from Militia I'uty. The members of the State Board of Education appointed by the Gov- ernor, members of the County Boards of Education appointed by the State 1 -oard of Education and members of the Board of Trustees shall be exempt i om militia duty. Civ. '02, 1230; 1896, XXII, 170; 1901, XXIII, 638. Note. School trustees and teachers employed in public schools are ex-. cnipted from liability to work on the public roads, 24 Stats. 874. See Crim. Code for penalty for members of County Boards of Education MM! school trustees attempting to act after expiration of their term, or re- i loval from office; and for teachers acting as agent for school books. 1780. Mixed Schools Unlawful. It shall be unlawful for pupils of one ia(M> to attend the schools provided by Boards of Trustees for persons of mother race. Civ. '02, 1231; 1896, XXII, 170. Note. Flood vs. News and Courier Company, 71 S. C. 112. 1781. Scholastic Year. The scholastic year shall begin on the first daj of July of each year and end on the thirtieth day of June following. Civ. '02, 1232; 1896, XXII, 170. 1782. Public Schools to Be Kept Open Three Months. The free public schools of the State shall be kept open and the exercises thereof continued, in each school district in the State, for a period of at least three months iii racli and every year. Civ. '02, 1233; 1899, XXIII, 112. 1783. Appropriation to Increase School Terms. Not less than the SUIM of sixty thousand dollars be appropriated annually for the purpose of increa* 40 GENERAL SCHOOL LAW OF SOUTH CAROLINA ing the average length of the free school term, in this State in accordance with and by authority expressed in Section 6, Article XI, of the Constitution of 1895. 1910, XXVI, 791. 1784. Same. No more than one hundred dollars shall be appropriated to any one school in any one scholastic year, but no school now running for a period of one hundred days or more, or hereafter to run a period of one hundred days or more, out of funds accruing to said schools from the regular school funds shall receive aid from this appropriation. And no school shall receive aid under authority of this Section unless the district in which said school is located does now or hereafter,, shall first levy, in accordance with law, at least two mills special school tax. 1910, XXVI, 791. 1785. Same. Schools running less than one hundred days, as provided heroin, may receive aid from this fund in amounts equal to the amounts raised by special taxation, not to exceed one hundred dollars for any one school. 1910, XXVI, 791. 1786. Same. Funds appropriated under the terms of this Section shall not become available in any school district except upon petition of the Board of Trustees of the school district asking aid, approved and countersigned by the County Superintendent of Education for the county in which the district is located. 1910, XXVI, 791. 1787. Same. The State Superintendent of Education may refuse aid under the provisions of this section if it is made to appear to him that the expenditure would be unwise and detrimental to the interest of free school education in said district. 1910, XXVI, 791. 1788. Same. The State Superintendent of Education, with the State Board of Education, shall provide rules and regulations for the distribution of this fund, and shall advise such regulations to the various County Super- intendents of Education, who, in turn, shall advise the various district trus- tees. 1910, XXVI, 791. 1789. Same. Applications must be filed in order of their receipt, and paid or refused in the same order. 1910, XXVI, 791. 1790. Annual Capitation Tax on Dogs. There shall be imposed and assessed on all dogs in this State a capitation tax of fifty cents annually on each dog, except in the county of Horry, where said capitation tax shall be one dollar, the proceeds of which shall be expended for school purposes in the several school districts in which it is collected. 1909, XXVI, 88. 1792. Acts Creating Special Graded School Districts Not Repealed Annual Reports Special Tax and Tuition. Nothing contained in this Article shall be construed to repeal the Acts of the General Assembly creating special and graded school districts, and the provisions of said Acts shall apply to said school districts : Provided, That the Trustees of said school districts and Commissioners of the city schools of Charleston shall make annual reports to GENERAL SCHOOL LAW OF SOUTH CAROLINA 41 the State Superintendent of Education in such form and at buch time as ke aha! prescribe : Provided, further, Whenever under the provisions of law juiy school district or municipal corporation is authorized to levy a special tax for the support of public schools therein, any person not a resident of aic: school district or municipal corporation shall be entitled to a credit upon feeh for the tuition of his or her children by the amount of such special tax pai< by such person. C /. '02, 1238; 1899, XXII, 514. 1793. Text-Books Provided at Cost Funds Depositories, etc. The Co" nl v Boards of Education of the several Counties of this State are hereby aut lorized^ind required to set aside from the public school funds of their re- spc f ,tive Counties an amount, not exceeding five hundred dollars, for the pur- ]>o^ j oi' providing the pupils attending the free public schools of their Coun- tie: i <>ol text-books at actual cost or exchange prices. The amount so et aside from the school fund shall be paid to the County Superintendent of Education by the County Treasurer out of the unappropriated general scl )ol i'unds in his hands, on the warrant of the said County Board of Educa- tin i, ;:nd shall be and remain a permanent fund in the hands of the County Su >erintendent of Education, to be used in purchasing and keeping on hand scl ool text-books for sale to pupils attending the free public schools of his Co inty for cash, at actual cost or exchange prices, and to be used for no other pu -pose and in no other manner; and the places where said school text-books ar- ikept and sold shall be deemed depositories, under control of the State, as provided in the seventh article, or provision in the seventh article, or pi- > vis ion in the contract made in 1893 with the publishers of school text- bo )ks. That the County Superintendent of Education in every County in the State be, and is hereby, required to keep his office open each day of tl;- prior to the time appointed for school to open in his County, ''or cue week immediately thereafter, and for at least one day in each '.v-ek during the remainder of the school term, for the convenience of th)se i to purchase books: Provided, That in the Counties of Charles- to i, Chesterfield, Edprefield, Kershaw, Lancaster, Laurens, Greenwood, Lex- inrton, Kichlaml. the County Boards of Education are hereby authorized aid red, but not requiijito carry out the provisions of this Sec- tion: Provided, however, That^BUiing herein shall prevent the keeping of tsflid >me other JIB than the office of the Superintendent of E hie,:' ion, if in his judgment it is the best to do so. Civ. '02, 1239; 1897, XXII, 428; 1898, XXII, 762; 1902, XXIII, 1020; 1903, XXIV, IP-;; 1905, XXIV, 837; 1907, XXV, 481; 1908, XXV, 1123. g 1794. School Trustees May Purchase Books for Certain Pupils. When- shall 1 to appear to the satisfaction of the Trustees of any ihat any patron of such school is unable by reason of poverty 1<> purchase the ii* books for the use of his or her child or children, such school district may, in their discre- Mieh ii' or such pupils, and furnish the same to under such regulations as the Trustees may prescribe: Provided, The -.ponded for the puv :' said books shall not exceed the sum !' <>f all the school fund of said district in any one year: Provided, further, That the books so purchased shall be the property of such public school district and must be returned to the Board of Trustees at the end of - f study, cost of tuition and the general condition of the institution or school inder their charge. Blank Forms of Inquiry. The Superintendent shall prepare blank foraifc >f inquiry for such statistics, and shall send the same to every such institution or school on or before the 10th day of May in each year ; and so much of said information as he may deem proper to be incorporated in his annual report. Civ. '02, 1243; 1896, XXII, 172. 1812a .Districts May Establish High School Any common school dis- trict or any aggregation of adjoining districts within the State may establish a high school in the manner and with the privileges herein given. 1812b. Trustees May Establish High School Proviso. The trustees of any common school district or of any aggregation of adjoining districts may establish a high school : Provided, That such high school meet all the require- ments of this Act and the regulations of the State Board of Education. 1812c. Board of Trustees. If a single common school district establish a high school, the board of trustees of that district shall be the high school board of trustees; and if any two or more districts establish a high school, the board of trustees of the district in which the high school is located, to- gether with the chairman or chairmen of the other district or districts shall constitute the high school board of trustees. 1812d. High Schools in Being May Claim Benefit of Act. Any public high school already established may claim the privileges of this Act: Pro- vided, That it conforms to the requirements of this Act and the regulations of the State Board of Education: Provided, further, That nothing in this Act shall he construed to repeal any of the privileges granted them in the specialj Acts of the General Assembly. 1812e. Powers of State Board of Education. The State Board of Educa- , i inn shall have full authority to prescribe all such regulations as may not be inconsistent with this Act, to provide for the inspection and classification of th- high schools under this Act, to make regulations for the appointment and disbursement of the State appropriation under this Act, and to pay out of the Slate appropriation the traveling expenses of a high school inspector. 1812f. Conditions of Appropriation. No high school shall receive an appropriation under this Act, unless it has as many as two teachers in the hiii-h school department, and an enrollment of at least twenty-five high school pupils: Provided, That not more than $500 annually may be given to a high .vcl.ool with two teachers, nor more than $600 to a high school with three teachers, nor more than #700 to a high school with four teachers or more: Provided, however, That additional appropriations may be made for the at- ieiulance of high school pupils from outside the high school territory and for meritorious work in agriculture, manual training and domestic science. 1812g. Special Tax Prerequisite. No part of the appropriation under this Act shall be given to any high school, unless the district or districts com- p.-ising the high school district are levying or shall levy a special tax of not M-SS than four mills, levied and collected as a general school tax, a high school 'ax, or both. 1812h. Teacher Training Courses Provisos. The State Board of Edu- cation is hereby authorized to establish and maintain not more than five te.acher-training courses of one year in length in as many approved high schools, for the purpose of giving training to elementary teachers: Provided, 46 GENERAL SCHOOL LAW OF SOUTH CAROLINA That not more than one such course be established in any one county, and vot more than one thousand ($1,000.00) dollars be expended in any one school for such course: Provided, further, That no such training course shall lie nfeintained with an enrollment of fewer than ten persons, none of whom shall be less than seventeen years of age, and no tuition fees shall be charged any teacher from any county. 18121. Appropriation Proviso The sum of thirty-five thousand dol- lars ($35,000.00) to cover the six months from July, 1916, to December 31, 1916, as provided in the General Appropriation Bill for 1916, and the sum of eighty thousand dollars for each year thereafter, be, and the same is hereby appropriated to carry out the provisions of this Act, and the Comptroller General is hereby authorized to draw warrants upon the State Treasurer for *neh amounts, upon the order of the State Board of Education, duly signed by the State Superintendent of Education, as secretary : Provided, That every high school receiving aid under this Act shall enroll free of charge any high school pupil in the county where the school is located, or of any adjoining county. 1812 j. Certain Sections of Code Repealed. Sections 1825, 1826, 1827, 1828, 1829, 1830, 1831, 1832, 1833, 1834, and 1835 of the Code of nineteen hundred and twelve and all other Acts or parts of Acts in conflict with this Act, are hereby repealed. Acts, 1916. 1813a. Appropriation for Teaching 1 of Agriculture. To promote the teaching of agriculture in the public schools, there is hereby annually ap- propriated out of the State Treasury five thousand dollars ($5,000.00), to be expended as hereinafter provided by the State Superintendent of Education, ki consolidated schools doing practical class room and field work in agricul- ture. 1813b. How Districts May Receive Benefits of Act Teacher Duties. Whenever the Boards of Trustees of three or more school districts shall raise from regular funds, local taxes, private subscriptions, or otherwise, and aiiall deposit with the County Treasurer not less than $750.00 to be expended by the County -Board of Education upon their warrant, duly approved by the County Superintendent, for the teaching of agriculture in their respective Districts, such group of districts shall be entitled to $750.00 from the State. All funds raised by the respective Boards of Trustees, or supplied by the State, shall be used to pay the salary of a trained teacher of agriculture, who shall do classroom instruction, field work on the school farm, school garden r school orchard, or in any other line of agricultural teaching needed in the territory composing the districts. Such trained agricultural teacher may serve as Superintendent or Principal of the group of co-operating schools, shall reside during the twelve months of the year in the territory he serves, shall possess all the scholarship requirements regularly demanded of other teachers, shall hold a valid certificate duly registered in the County Superintendent's office and shall be subject to the same supervision as other teachers in State aided schools. He shall make all reports required of public school teachers, and, in addition thereto, shall furnish such other special re- ports as may be required in his special field. 1813c. Term of Teacher's Service. Any such teacher of agriculture shall be employed jointly by the co-operating Boards of Trustees, the County Board of Education and the State Superintendent of Education. But any contract for the employment of such teacher shall require at least three years consecutive service and each such contract of employment shall be signed by GENl KXKRAL SCHOOL LAW OF SOUTH CAROLINA 47 the e.-al ivpr--ntatives of the district, the County Superintendent's office, and ;h<- State Superintendent's office. L813d. Requirements for Schools Under This Act. Any public school co-o >erating in this work shall have an enrollment of at least seventy-five pup Is with a regular attendance of at least forty pupils, three teachers of the isual public school subjects, a term of seven months, a local tax of eight mil] , a comfortable and sanitary building of at least three rooms, a school site of not less than two acres, the minimum equipment prescribed by the Sta J ? Hoard of Education and shall use the text books and course of study reg 1 larly required of other public schools. The special lessons or course in Agi culture may be adapted to the community needs as recognized by the Agi cultural teacher, and such teacher shall have full right and absolute free lorn in the introduction and presentation of any additional lessons, bul- let i s, instructions, or other matter that may be furnished by the United Sta es Department of Agriculture, the State Department of Agriculture, He ison College or any other agricultural college or experiment station. All sue modifications of the course of study shall be reported in writing to the C a fine of not less than two dollars for the first offense and not less than f ve dollars for any subsequent offense, nor more than twenty-five dollars in ; ny ease, and upon failure or refusal to pay said fine said parent, guardian or t Iher person shall be imprisoned not to exceed thirty days in the county j lil : Provided, That the Tine for any first offense may, by order of Court, i.pon the payment of costs, be suspended and not collected until the same ] arty is convicted of a second offense: Provided, further, That after the expiration of three days from the service of the notice by the trustees each y a parent, guardian or other person shall wilfully and unlaw- fully keep such child or children from school, or allow him to remain out of s "hool, shall constitute a separate offense and shall subject said person to tue penalties hereinafter prescribed. 1814g\ Duties of the Board of Trustees Census County Board Notice tD Parent, Etc. Record Prosecution May Enter Place of Business Age of Child Report Census Clerk Compensation. The following duties aro ] ereby devolved upon the Board of Trustees of each school district: They shall take the eensus of children between the asres of six and twenty-one .ears, and shall keep the attendance records of their district. It shall be their duty to take an annual school census during the calendar months of > nly and August, and to furnish each superintendent, principal or teacher in ehar-je of a school with an accurate report of said census of the district Ihree days before the opening of the school and also to furnish at the same time a copy <>f the said school eensus of each district to the County Super- intendent of Education : Provided, That in case the school census is not taken ;s herein directed, it shall be the duty of the County Board of Education f-o to do, and to meet the expense out of the funds of the district. The Hoard of Trustees shall serve writ ten or printed, or partly written and partly printed, notices on every parent, guardian or other person violating the pro- visions of this Act ; and prompt compliance on the part of the said parent, guardian or other person are hereby required. Prosecutions under this Act 50 GENERAL SCHOOL LAW OF SOUTH CAROLINA shall be brought in the name of the State of South Carolina before any Mag- istrate or Recorder of any municipal Court within the limits of whose terri- torial jurisdiction the person prosecuted resides. The Board of Trustees shall have the right to visit and enter any office or factory or business house employing children for the purpose of ascertaining the names and ages of the children employed to facilitate the enforcement of this Act. When doubt exists as to the age of a child they may require of the employer a properly attested birth certificate or affidavit stating said child's age; they shall keep an accurate account of all notices served, of cases prosecuted, and of all other services performed, and shall make an annual report of samo on or before July fifteenth of each year to the County Superintendent of Education: Provided, further, That the Board of Trustees of each school district is hereby vested with authority to employ a clerk or clerks, whose compensation shall not exceed three cents per capita for obtaining a census for each school district for each school term. 1814h. Duties of Superintendents, Principals and Teachers Record of Attendance Reports County Superintendent When to Deduct from Teachers' Salary Appeal. It shall be the duty of all superintendents, prin- cipals and teachers to co-operate with the Board of Trustees in the enforce- ment of the law. To this end it shall be the duty of the superintendent, principal or teacher in charge of any school in which pupils between the ages of eight and fourteen years are instructed to keep an accurate record of the attendance of such pupils ; to render during the period of compulsory attendance of each school term monthly reports of same to the Board of Trustees and the County Superintendent of Education, showing all absences, excused and unexcused, and in case of each excused absence, stating the reason therefor. Upon the willful or negligent failure of any superintend- ent, principal or teacher in charge of any school to comply with the provis- ions of this section,, the County Superintendent of Education shall deduct from his other salary for the current month the sum of five dollars before approving the voucher therefor, and in case of a second offense on the part of any superintendent, principal or teacher the County Superintendent of Education is hereby forbidden to approve the salary warrant of said board, who may appeal from such action to the County Board of Education, and the decision of the said County Board of Education shall be final. 1814i. Duties of the County Board of Education Publication of Act- Notice of Opening of Schools. It shall be the duty of the County Board of Education of each County to cause this Act to be published in full in some newspaper published in the county, if there is one, and if there is none, in circular form, and given the widest possible circulation at least four weeks prior to the opening of the schools for the school year, beginning July first, one thousand nine hundred and fifteen, and annually thereafter, if in their discretion it seems necessary. The Board of Trustees of any district, city or town shall give two weeks' public notice of the date of opening of any school under their jurisdiction by publishing said notice in a county news- paper or by posting said notice on the schoolhouse door. 1814 j. Adoption of Compulsory School Attendance Provided For No- tice of Length of Term Filing Clerk of Court County Board of Registra- tionCounty Superintendent of Education Duties Election. When Or- dered, Manag-ers and Conduct Thereof. The notice of any Board of Trus- tees giving the date of opening of any school or schools shall also state the proposed length of the term as nearly as practicable, and a copy signed by at least a majority of the Board of Trustees shall be filed at the date of issuance in the office of the County Superintendent of Bdu- GENERAL SCHOOL LAW OF SOUTH CAROLINA patioi In any district, aggregation of adjoining districts, this Act shall not t ke effect and become op.-ratve until, and unless, a petition signed uajority of the qualified electors of such district, aggregation of dis- requesting the compulsory school attendance under this Act, be autlio ized in such territory shall have been submitted to the Clerk of Court. The .> iid Clerk of Court shall examine such petition with special reference to 1h legibility of tin- nam.es contained; thereon, and after examination shall -efer such petition to the County Board of Registration. Along with the i tition, the Clerk of Court shall send his written statement showing rhat e lias counted the names thereon and has found them to be so many givj g the number). Immediately upon receipt of the petition and the statei tent of the Clerk of Court, the County Board of Registration shall died .such petition against the registration books of the county or of such iiuml >r thereof as may be affected, and the said County Board of Registra- tion hall certify its findings in writing to the County Superintendent of Kduc tion. Upon receipt of such certificate showing that such petition bears the s ^natures of a majority of the qualified voters of the territory affected, Lhe ( ounty Board of Education shall forthwith declare the provisions of this tct of full force and effect in such territory. If such petition for any listriit or aggregation of districts is filed with the Clerk of Court, checked by tl> County Board of Registration, and certified to the County Superintend- ent ( Education after the opening of any school or schools, the County Boar* i of Education may fix the date for the beginning of the compulsory rchocl attendance for that year; or the said County Board of Education nay jrder such compulsory school attendance to begin at the opening of the lext succeeding scholastic year. That where no such petition is filed, signed ay a majority of the electors as herein provided, upon the filing of a petition rigncl by one-fourth of the qualified electors of such district or aggregation :if districts, an election shall be ordered by the County Board of Education, submitting to the qualified electors of such district or aggregation of districts, ion of compulsory school attendance or no compulsory school at- tendance for said district or aggregation of districts: Provided, further, rhat the County Board of Education, in all school districts containing a town >f ;i population of 1,500 or more inhabitants, upon the petition of a majority }f tie Board of Trustees, shall order such election. The said election shall !>e b -'Id at the schoolhouse, or schoolhouses, for white children, in the said listriet, or aggregation of districts. The managers shall be appointed by the Roaid of Trustees of each district, and the said election shall be conducted in accordance with the rules governing general elections. The County Board >i' i 'hication shall supply printed ballots, as follows: " Compulsory schox)! ittfudance accepted," "Compulsory school attendance rejected/' and if the majority vote in tin- said election "Compulsory school attendance accepted," then the provisions of this Act shall apply to the said district or aggregation jf districts. The said election shall be held on the second Tuesday in June, :MIP. thousand nine hundred and fifteen, following the filing of the said peti- tion or on the second Tuesday in June of any subsequent year. Any district emitting, failing or refusing to accept compulsory school attendance as herein provided, cither by petition or by election, may adopt cne provisions 31' t iis Act in any subsequent year, cither by petition or by election as here- in afcare provided. 1814k. Provisions for Rules and Regulations as to Time, Place and Hotrs of Attendance -- Approval -- Revocation -- County Superintendent - Appeal. - - The Board of Education of each county, and in case of towns and cities of two thousand inhabitants, the Board of Trustees therein shall lave power at any meeting to make such rules and regulations not in conflict it i the provisions hereof as they may deem best with reference to the time, 52 GENERAL SCHOOL LAW OF SOUTH CAROLINA place and hours for school attendance so as to secure the attendance of al children between the ages of eight and fourteen years upon the schools oi the county as herein provided and such rules and regulations, when approvec by the County Superintendent of Education,, and posted at the courthous( door and at the door of each public schoolhouse in the territory affecter thereby, shall have the force of law until, and unless, they have been revokec or appealed by the State Board of Education. The operation of such rule; and regulations may be suspended by the State Superintendent of Educatioi during the pendency of such appeal. 18141. No Tuition, Contingent, Matriculation, Incidental or Other Fee Allowed. No tuition, contingent, matriculation, incidental or other fee o any kind shall be charged or collected for the attendance of any pupil upoi any school in the common or public school department residing in this Stat< adopting the provisions of this Act. 1814m. Removal of Trustees from Office. The County 5oard of Edn cation shall have full power and authority to remove from office of any trus tee, or Board of Trustees, neglecting, refusing or omitting to carry out the provisions of this Act, and to fill the vacancy thereby created on said Board in accordance with existing law. 1814n. Effective July 1, 1915. Inconsistent Acts Repealed. This Act shall be in full force and effect from and after the first day of July, on* 3 thousand nine hundred and fifteen. All Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed. Acts, 1915. 1815a. Supplementary Reading- for Public Schools. Whenever the Trustees of any public school district shall set aside from the funds of th<] district a sum of not less than five ($5.00) dollars nor more than twenty-five ($25.00) dollars for the purchase of supplementary reading material for iha use of the school, or schools, of said district, the County Board of Education is authorized to appropriate from the general County Board fund a like sum ior the same purpose. The County Superintendent shall then inform th]!(( a special school tax of not less than four (4) mills, and when a school in nil li district employs two certified teachers for a school term of not less han ix months, and when such school has an enrollment of not fewer than iftjr riipils and an average daily attendance for the session of not fewer than hirt; pupils, and when such school is taught in a comfortable and sanitary uilcl tig provided with the minimum equipment prescribed by the State >oar< of Education, and when it uses a course of study and classification ap- rov( 1 !>y the State Board of Education, it shall be entitled to receive State id TI ider this Act to the amount of $200 per year. m: , XXVII, 924. 1 316c. Requirements for $300 Appropriation. When any rural school istri 2t in South Carolina shall levy and collect a special school tax of not ess 1 uin four (4) mills, and when such school employs three or more certified each ?rs for a school term of not less than seven months, and when such hoc I lias an annual enrollment of not fewer than seventy-five pupils and an ven go daily attendance for the session of not fewer than forty pupils, and rhen such school is taught in a comfortable and sanitary building provided witk the minimum equipment prescribed by the State Board of Education, and Then it uses a course of study and classification approved by the State Boar i of Education, it shall be entitled to receive State aid under this Act to tin > amount of $300 per year. 191:!, XXXII, 924. 1816d. Districts Prohibited. No district which receives State aid under pe i : 9 of the High School Act or of the Term Extension Act shall Iccei re aid under the provisions of this Act. 191 >, XXVII, 924. I g : 816e. May Convey Children to School. It shall be lawful -for the Scho>l Trustees of a district to use the State aid obtained under the pro- bisio'is of this Act to furnish public conveyance of children to the school ' the* in the opinion of the trustees and the County Superintendent such ac- tion K wise and expedient. 1912, XXVII, 924. L816f. State Superintendent of Education May Refuse Aid The State Superintendent of Kdueation may refuse aid under the provisions of this |tCt .f it is mad<> to appear to him that the expenditure would DC unwise and Detrimental to the interest of free school education in said district. ' 1912, XXVII, 924. 1816g. Rules and Regulations for Distribution of Funds. The State Superintendent of Education, with the State Board of Education, shall pro- vide rules and regulations for the distribution of this fund, and shall publish 54 GENERAL SCHOOL LAW OF SOUTH CAROLINA such regulations to the various County Superintendents of Education, who in turn, shall publish them to the various district trustees. 1912, XXVII, 924. 1816h. Applications. Applications must be filed in order of their re ceipt, and paid or refused in the same order. 1912, XXVII, 924. Health 1598. Inspection of Schools, etc. Water Supply, etc. Schools Closed ( uring Epidemic. It shall be the duty of the Board of Health as a body, or 1 y committee, with the Health Officer, to make quarterly visits and inspec- 1 ons to all schools, seminaries or colleges (while in session) which are sup- ] ortcd in part or entirely by public taxation, and examine and report on the > mitary condition of the same, the abatement and removal of garbage, refuse j latter and nuisances which may prove prejudicial to the health of the pupils. ' iiey shall inquire into the purity of the water supply, the condition and efti- ient working of the drains, waste pipes, soil pipes and cesspools, the ventila- ion, lighting of the dormitories, lecture and study rooms of the buildings and he appliances in use for fire escapes. In case of the epidemic prevalence of ontagions or infections, and in order to prevent the spread of the same, the toard of Health, by and with the consent of the City or Town Council, may rder the schools, seminaries or colleges, in such town or city, partially or eu- irely supported by public taxation, closed until such times as they may deem t safe to reopen them. The Board of Health shall have the right to declare my epidemic or cause of ill health so injurious as to make it necessary to lose any or all of the private schools in the limits of such city or town. vVhatever sanitary conditions or evils shall be found by the Board of Health o exist in or around the public colleges, schools, etc., shall be reported by he Secretary of the Board of Health to the Trustees of the same, who shall ake immediate steps to remedy the sanitary defects according to the rules :nd regulations prescribed by the Board of Health. Civ. '02, * 1104; R. S. 964; 1883, XVIII, 793; 1894, XXI, 818. 1607. Powers of School Authorities to Prevent Spread of Contagious or Infectious Diseases. Any Board of Education, School Trustees, or any .-thcr body having control of any of the schools, may, on account of the pre- valence of any contagious or infectious diseases, or to prevent the spread of any such disease, prohibit the attendance of any teacher or scholar upon any f.chool under their control,, and may specify the time such teacher or scholar shall remain absent, or they shall require a satisfactory certificate from one or more reputable practicing physicians that such attendance is no longer at- tended with risk to others attending school, and may also prohibit the en- trance into or attendance at any school of all unvaccinated persons who have not had the smallpox. The said Board of Control or Trustees may also re- quire vaccination of any or all teachers, scholars and attendants if a case rf smallpox have occurred in the city or town. Civ. '02, 1110; R. S. 965; 1883, XVIII, 292, 6. Special Provisions as to Schools in Criminal Code 575. A Misdemeanor for Certain Officers to Discount Teachers' Pay Certificates. It shall be unlawful for any County Treasurer, County Auditor, member of County Board of Education, or School Trustee, to buy, discount or share, directly or indirectly, or be in any way interested, in any teachers' pay certificate, or other order on school fund, except such as are payable to him for his own services, or for any School Trustee to make any contract, or be pecuniarily interested, directly or indirectly, in any contract with any school district of which he is Trustee. If any of the officers aforesaid shall violate the provisions of this section, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of not less than one hundred dol- lars nor more than five hundred dollars, to be used for school purposes in his county, and shall be imprisoned not less than three months nor more than twelve months, or either or both, and shall forfeit the amount of such claim or of his interest in such claim. Grim. Code '02, 418; R. S. 333; G. S. 2561; 1900, XXIII, 366; 1896, XXII, 150. 576. School Officers Prohibited from Being Agent for School Books. It shall be unlawful for any teacher of a school supported in whole or in part from the public school funds of this State, or any Trustee of any such school or any other school officer, to become an active or silent agent of any school book publisher, or be in any wise pecuniarily interested in the intro- duction of any school book or books into any school in this State. Any person violating any of the provisions hereof shall,, upon conviction thereof, be deemed guilty of a misdemeanor, and be subject to a fine of not less than one hundred dollars or imprisonment in the county jail for a period of not less than thirty days, or both, at the discretion of the Circuit Judge. Grim. Code '02, 419; 1896, XXII, 170. 577. County Superintendents of Education to Apportion School Funds Monthly among School Districts. Within ten days after the County Treas- urer makes his monthly report to the County Superintendent of Education, showing the amount of money collected by him since his last monthly report, it shall be the duty of the County Superintendent of Education to apportion the money arising from a tax on property as shown by the Treasurer's re- port among the school districts of his county and to certify such apportion- ment to the County Treasurer, together with the poll tax belonging to each district as shown by said report; and it shall be the duty of the County Treasurer to enter upon his book to" the credit of each school district tho amount due each district according to such certificate of apportionment, and the County Treasurer shall pay out the money belonging to the respect- ive districts, upon the school warrants of such districts, duly signed and countersigned by the school authorities, for that scholastic year in the order of their presentation, provided that there be no outstanding claims of the previous scholastic year; and the Comptroller General shall receive the war- rants thus paid as proper vouchers in the hands of the County Treasurer. The failure or refusal of a County Superintendent of Education or a County Treasurer to comply with the foregoing provisions, or any of them, shall con- stitute a misdemeanor, and upon conviction thereof he shall be subject to a fine of not more than one hundred dollars, or imprisonment in the cotmty jail for not more than thirty days. Grim. Code '02, 420; 1898, XXII, 761. GENERAL SCHOOL LAW OF SOUTH CAROLINA 57 v 578, Treasurer Not to Demand Commission on School Funds. Any (Vifity Treasurer who shall demand or receive any commissions for paying ou< the school funds paid out by him from the person charged with receiriag th< ft) or shall charge any person commission on the same, shall be deemed U Ity of a misdemeanor, and on conviction shall be fined not less than fifty do lara for each such offense or be imprsioned for a period not less than three me itlis. i rim. Code 1902, 421; G. S. 2563; R. S. 334; 1876, XVI, 165. ; 580. Treasurer to Keep Amount of Poll Tax Penalty. The sereral (V mty Treasurers shall retain all the poll tax collected in their respective co ntics: ; nd it is hereby made the duty of the said County Treasurer, iu co .ecting the poll tax, to keep an account of the exact amount of said tax eo tectcd in each school district in his county; and the city of Charleston, fo the purpose of this section, shall be deemed a school district, and the Oc inty Treasurer shall pay over to the City Board of School Commissioners th amount of poll tax collected in said city; and the poll tax collected th rein shall be expended for school purposes in the school district from, vvl ich it was collected ; and any violation of this section by the County Treas- ii r eenth day of each month, report to the School Commissioner of his county tli *, amount of collections and disbursements made by him for the month on ac jount of poll tax and all other school funds ; and it shall be a misdemeanor 01 the part of any County Treasurer to neglect, fail or refuse to make such report, and on conviction thereof he shall pay a fine of not less than five hi IK' liars, tho same to be used for school purposes in the county. .Trim. Code '02, 424; G. S. 1022; R. S. 337; 1878, XVI, 584. 582. Penalty for Neglecting to Report School Funds to Superintendent of Education. lie shall make out and forward annually to the Superinten- d< nt rif Kducation, on the first day of November, a certified statement show- in?, by school districts, the amount of poll and other school taxes collected by him for the fiscal year ending on the 31st day of October next preceding; "i d on fa ill; >! refusing to make and forward such state- ni-'iil in-' State Superintendent of Education shall make a written complaint to the Circuit Solicitor for the county in which the said County Treasurer resides, who shall prosecute the said County Treasurer for the s id on M nvictoin thereof he shall he subject to a fine of five hundred dollars, the "me to hi used for free public school purposes in his County. Orim. Code '02, 425; G. S. 1023; R. S. 338; 1878, XVI, 584. 583. Auditor to Report Polls, etc. Penalty. It shall be the duty of eack Auditor to state, in a separate column, the school district in which the 1; xpnyer resides. At the expiration of the time prescribed by law to receive returns he shall make out and forward to the Board of Trustees of each s( hoo! district within his county a correct list of the polls returned from their respective districts. "When the School Trustees have reported to him the mme* of all persons who have failed or neglected to make returns, it shall !>} hi* duty to enter upon his books the names of all persons thus reported to Iwm, and he shall enter the names of said persons upon the tax duplicate 58 GENERAL SCHOOL LAW OF SOUTH CAROLINA furnished the County Treasurer. And any Auditor failing to comply with either or all of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction before a Court of competent jurisdiction shall be fined in a sum of not more than one hundred dollars or be imprisoned for a term not exceeding thirty days. Grim. Code '02, 426; R. S. 339; 1890, XX, 718; 1891, XX, 1049; 1892, XXI, 18. 585. Exercising Office of Examiner or Trustee after Removal. If a member of any County Board of Examiners in any county of this State, or a Trustee of any school district, shall attempt to act or discharge the duties of either of said offices after he has been removed, or after his successor shall have qualified, he shall be deemed guilty of a misdemeanor, and after con- viction be punished by a fine of not less than one hundred and one dollars or imprisonment for not less than thirty days, or both, at the discretion ef the Court. Grim. Code '02, 428; G S. 1024; R. S. 341; 1878, XVI, 584. 586. Failure of School Commissioner or County Treasurer to Keep "General Cash Account." The failure of any County School Commissioner or any County Treasurer of this State to keep a book of entry, in which shall be kept an account known as "general cash account," as required by law, ;sliall be deemed a misdemeanor, and on conviction thereof he shall be subject to a fine of not less than two hundred dollars or imprisonment in the county jail for a. period not less than six months. Grim. Code '02, 429; G. S. 342; 1892, XXI 81. 586a. Teachers, Principles and Superintendents Required to File Re- ports. Any teacher, principal or superintendent employed in the schools- of this State, supported in whole or in part at public expense, shall file within two weeks after the close of the session of such school a full and accurate report, as now required by law. Any person neglecting, refusing or omitting to file such report when requested by the County Superintendent of Education shall be liable to the cancellation of his or her certificate to teach, and to a fine of not more than twenty-five dollars, to be imposed at the discretion of the County Board of Education. 586b. Report to County Superintendent of Education. Any and all prviate schools shall report to the County Superintendent of Education upon request therefor of the county wherein such school is located, the number of pupils receiving instruction, the number in regular attendance, the number of teachers employed, and such other facts as will show the grade and amount oi' educational work actually done in such private school. Tne management of such other prviate school neglecting, refusing or omitting to file such re- port within two weeks after the close of the regular session shall be subject to a fine of not more than twenty-five dollars. 586c. County Superintendents to File Reports With State Superinten- dent of Education. It shall be the duty of each County Superintendent of Education to file with the State Superintendent of Education 'within two months after the close of the scholastic year a full and accurate report of all tre schools under his supervision. Any County Superintendent failing to make such report shall be guilty of a misdemeanor, and, upon conviction thereof in ;a Court of competent jurisdiction, shall be fined in the discretion of the Court in a sum not exceeding fifty dollars. 586d. Cancellation of Certificates. The cancellation of any certificate hereunder shall be reported to the State Board of Education, and -may be re- GENERAL SCHOOL LAW OF SOUTH CAROLINA , 5$ viewed on appeal taken within ten days after the decision of the County Board. i 586e. County Board Fund. Any and all moneys collected hereunder shall be paid into the County Treasury, to be disbursed as a part of the County Board Fund, now authorized by laAv. Acts, 1913. Regulations of State Board of Education Rule 1. The Governor shall be Chairman, and the State Superintendent P Education Secretary of the Board. Rule 2. The Board shall meet at the call of the Chairman, or at the request t! a majority of its members. i Rule 3. The Secretary shall keep a record of the actions of the Board in a ook provided for that purpose, which record shall -be the only official record f its proceedings. Rule 4. The order of business shall be as follows : Calling to order, read- L*r of minutes of the previous meeting, unfinished business, reports of Com- littees, report of the Chairman, report of the Secretary, and new business. Rule 5. All resolutions shall be reduced to writing by the mover, and kewise all amendments. . ; Rule 6. A motion must receive a second before it can be entitled to con- deration by the Board. Rule 7. The Chairman and the Secretary are authorized to fill all vacan- ies that may occur in the County Boards of Education, -and to report their ction to the Board at its meeting for its consideration. Rule 8. All vacancies in the office of County Superintendent of 'Education riall be filled by ballot, and a two-thirds vote of the members present shall e necessary to fill the vacancy. < Rule 9. The Chairman and the Secretary are empowered to grant State ertificates upon the presentation of diplomas from reputable colleges and niversities in other states \ of as high rank as leading colleges of this State, Lich presentation to be accompanied by the scholastic record and teaching xperience of the applicant, and all certificates shall be subject to confirma- ion by the State Board at its next meeting. Rule 10. After February, beginning in May, 1903, there shall be two oi:nty examinations for teachers' certificates each year, to be held in the pring and in -the fall, and hereafter no teacher shall be employed in the ublic schools of this State who has not registered a certificate in the office f the County Superintendent of Education and submitted proof thereof to lie board of trustees employing him. Rule 11. Every applicant for a county certificate shall stand a satisfactory rritten examination before the County Board of Education, on uniform [Ucstions prepared and furnished by the State Board, the examination to be ield in all the counties on the same day, or he or she shall present to the bounty Board at least an A. B. or B. S. diploma from some reputable char- ered college or university of this State, whose curriculum, standing, faculty ind equipment have been examined and approved by the State Board of Education. A county certificate cannot be issued on a diploma or certificate ecured'in another state. Rule 12. Uniform examination questions shall be prepared and furnished >y the State Board of Education for county examinations. Rule 13. There shall be three grades of Teachers' County Certificates 5rst grade, second grade and third grade. GENERAL SCHOOL LAW OF SOUTH CAROLINA 61 Rule 14. To obtain a First Grade Teachers' County Certificate, the ap- plicant shall stand a written examination on questions prepared and fur- nibhed the County Board of Education by the State Board, and -shall make a general average of not less than 80 per cent, and not less than 50 per cent. on any one branch. To obtain a Second Grade Teachers' County Certificate the applicant shall stand a written examination on questions prepared and furnished the County Board of Education by the State Board, and shall make a general average of not less than 70 per cent, and not less than 45 per cent, on any one branch. To obtain a Third Grade Teachers' County Certificate, the applicant shall stand a written examination on questions prepared and furnished the County Board of Educatoin by the State Board, and shall make a general average of not less than 60 per cent.. and not less than 40 per cent, on any one branch. : The County Board may, in each instance, impose oral tests in reading and langnage. In estimating for a second or a third grade certificate algebra eed not be included; if it would be to the applicant's advantage it may be in- cluded. Rule 15. No person shall be permitted to take the examination who is not at least eighteen years of age, and before taking an examination each appli- cant shall satisfactorily pass such oral tests in reading and language as the Board may impose. Rule 16. A First Grade County Certificate may be renewed by the County Board from which it was issued. If, however, a Teachers' Institute or Sum- mer School is held in the County, a First Grade Certificate shall not be re- icwed unless the holder attends the Institute or Summer School, or shows the State Board of Education some satisfactory reason for not doing s*. Frist Grade County Certificate shall not be renewed unless the holder las done some teaching during the two years for which the certificate was issued. A Second Grade County Certificate may be renewed where the holder at- tends a Teachers' Institute or Summer School, or shows to the State Board iucation a satisfactory reason for not doing so. A Third Grade County Certificate shall not be renewed. Rule 17. The County Board shall issue to each applicant making the re- quired ]XT cent, a certificate,, signed by each member of the Board, and under the seal of the office of the County Superintendent of Education of the county, and showing on its face the per cent, made on each branch and ho general average. The certificate shall run for two years from its date, and the holder shall be deemed competent to teach in the public schools f the county. b Rule 18. No certificate of qualification shall be granted by any County- Board in any circumstances to any person who is under eighteen years of age. Rule 19. The County Board of Education of one county may recognize a certificate issued by the County Board of Education of another County, but i* such ease the County Superintendent of Education shall register the name of the holder, the county from which the certificate was issued, the date and nura- " er of the certificate, and when so registered the certificate shall have the 62 GENERAL SCHOOL LAW OF SOUTH CAROLINA same force as if issued in that county. This certificate can be renewed or extended only by the County Board originally issuing it. Rule 20. Each County Board shall keep a register, in which shall be recorded the name, age, sex, color and post office of each person to whom a certificate is granted, and also the date and grade of the certificate. Rule 21. A two-year State certificate may be issued to any teacher suc- cessfully completing at least nine approved courses in a summer school recognized by the State Board of Education. Rule 22. Any teacher holding a valid first grade county certificate pos- sessing two years' successful classroom experience, and pursuing in a rec- ognized summer school during three consecutive years not fewer than three approved courses may be granted a ten-year State - license upon the presen- tation of full records and reports to the State Superintendent of Education. Rule 23. Any teacher who holds a valid first grade county certificate and who has rendered at least five years of successful service in South Carolina may be granted a State certificate to teach for five years upon the presenta- tion of a written statement testifying to the effectiveness of such service, signed by the supervising principal or superintendent of school or schools in which such service has been rendered, by the County Board or Boards of Education, and by the Board or Boards of Trustees. At the end of five years this certificate may be extended by the State Board of Education for ari other period of five years,, if satisfactory evidence as above indicated is again shown. At the end of the second period i the State Board of Education may grant a life certificate to teach, if the evidence of continued successful professional experience is satisfactory. Rule 24. Any teacher with a valid first grade county certificate may be given a special five-year high school certificate upon presentation of satis- factory evidence of fitness and preparation to teach any designated high school subject or subjects. A special examination for the award of high school certificates shall be held annually by the State Board of Education at such time and place as may be announced. Rule 25. The State Board of Education may grant five-year professional certificates to teachers for the primary and elementary schools, if an ex- amination given by the State Board reveals the ability on the part of the applicant to teach in these schools. The nature of these examinations will be announced as the occasion for such examinations may arise. Rule 26. The State Board of Education may grant certificates to appli- cants for positions as teachers of the kindergarten, of music, or of industrial subjects, if satisfactory evidence is revealed by examination or otherwise that the applicant is able to teach in any one of these departments. ftule 27. State certficates shall be renewed only upon the presentation in writing of satisfactory evidence of successful teaching during the life ef the certificate, and of professional improvement. Rule 28. Every claim or warrant issued by a Board of Trustees shall be signed by at least two members of the Board, and should not be approved by the County Superintendent of Education until the Clerk of the Board of Trustees has entered it in a book kept for that purpose. Any and all school warrants issued by any \ Board of School Trustees against any public school fund shall not be paid by the County Treasurer or other officer having the custody of such fund until the warrant has been . GENERAL SCHOOL LAW OF SOUTH CAROLINA 63 a PI -oved by the County Superintendent of Education of the County in which &ai. warrant is drawn/ (Section 1759 of the Code, 1912). > o pay warrant shall be issued by any Board of Trustees or approved by an? Oounty Superintendent of Education in favor of any teacher who, after Jui r 1, 1901, uses in the public schools of this State any textbook to the exc usion of the textbook or textbooks herein adopted on the same subject, an< wlio has not registered in the office of the County Superintendent of Ed .cation a certificate to teach. 1 ule 29. No teacher shall be employed by the Board of Trustees who is rel ted by consanguinity or affinity within the second degree to a member of ,he Board of Trustees or to a principal of a school, without the written ap roval of the County Board of Education, nor shall they employ a teacher ho ling a certificate issued by a County Board of another county until the cei tificate has been duly registered in the office of the County Superintendent of Sdueation of their own county. '. lule 30. Xo public school supplies shall be purchased by school officers fo use in the public schools of any county in the State except such as are an horixed by the State Board to be sold. The venders of all such supplies an horized to be sold by this Board shall enter into a written contract with Ih s Board, in which the prices of the supplies shall be stated, and copies of th supplies shall be placed in the office of the State Superintendent of Edu- ca ion and the supplies sold to the schools shall at all times conform to the sa nples, and the prices shall not exceed the prices agreed on. The County Beards may allow or disallow such supplies, or any of them, to be sold in tli i ir counties. In case they permit the same to be sold, they shall give the vrndor written permission to offer the same to the trustees of their counties, th3 prices of the supplies to be named in the written permission, leaving th purchase ok* not, of such supplies to the good judgment of the Boards of Trust." x. In e;ise the trustees purchase any of such supplies, they may give a warrant against the school fund of their district in payment thereof, hi t in no ease shall the County Superintendent of Education countersign or ei dorse any such warrant until the supplies have been delivered; the County Superintendent shall hold all such warrants in his possession until the de- li -ry of the supplies is made. All persons purchasing any such warrants before the same have been countersigned by the County Superintendent of K 1 neat ion, do so at their own risk. Rule 31. In all cases of appeal from decisions of County Boards notices ' appeal must be served on the Secretary of the County Board of Education, 01 the Secretary of the State Board of Educatoin, and also on the respond- e its within thirty days from the decision of the County Board, and all testi- n ony, records and papers must be on file in the office of the State Superin- tendent of Education at least ten days before the meeting at which the appeal is to be heard. In all appeal cases, the Secretary of the State Board of Education shall assign an equal Length of time for reviewing testimony and argument by appellants and respondents, and notice of such time OH- sijrnod shall be accordingly jriven by the Secretary of the State Board. Rule 32. The County Hoards of Education shall require all public school l-uildiiiirs to be constructed only upon land owned by the school district. No shool building shall be aided by county or State funds under the School Improvement aet unless constructed according to plans approved by the State Board of Education, and unless the building is found to be of first class material and workmanship upon inspection by the County Superintendent of Education. 64 GENERAL SCHOOL LAW OF SOUTH CAROLINA Rule 33. Regular school funds include: cash balance on hand July 1st, poll tax, constitutional three-mill tax, and dog tax. Rule 34. No district having sufficient regular school funds to ra the schools of the district 100 days shall receive term extension aid under this Act. Rule 35. No aid shall be given any district until all the regular school funds have been expended, either by contract or by actual outlay. Rule 36. Under the term extension Act, no district shall receive more than $100 from the State, nor more than the amount raised by special tax. Rule 37. No district shall receive aid from the State unless each teadher employed in the district holds a certificate which has been registered in the office of the County Superintendent of Education. Rule 38. Every application shall be signed by the chairman, or by the clerk of the Board of Trustees, and by the County Superintendent of Edu- cation, and shall be accompanied by a certificate from the County Auditor, showing the amount of special tax levied on the property of the district. Rule 39. The State Superintendent shall forward the amount appropri- ated to any district to the County Treasurer to be placed to the credit f the district. Rule 40. No term extension application shall be honored unless it reaches the office of the State Superintendent of Education on or before November 15th, and no rural graded school application shall be honored un- less it reaches the office of the State Superintendent of Education on or before December 15th. Rule 41. The State Superintendent of Education may refuse any appli- cation which, in his judgment,, would not increase the efficiency of the free public schools; Provided, That such refusal be subject to the review and ap- proval of the State Board of Education. Rule 42. It is the judgment of the State Board of Education that the work of one-teacher schools should be limited to seven grades ; the work of two-teacher schools, to eight grades ; the work of three-teacher schools to nine grades; and the work of four-teacher schools, to ten grades. But this recommendation in no measure limits the freedom of the teacher or the preference of trustees and patrons. Rule 43. State aid under the term extension law, the rural graded school Jaw, or the high school law may be withheld in any instance where the classification of the pupils shows only one child in a grade or an enrollment of more than fifty pupils to a teacher in any classroom. High School Regulations. THE HIGH SCHOOL LAW REQUIRES: local tax of not less than four mills for running expenses, 'he full time of as many as two teachers above the seventh grade. A minimum legal enrollment of 25 pupils above the seventh grade. A maximum of $500 to a two-teacher high school, $600 to a three t.- cher high school, and $700 to a high school of four or more teachers. ilule 44. High schools receiving State appropriations must run not less lli in eight months, or 160 days. Rule 45. High school recitation periods in all major subjects must be not le: s than 40 minutes each. The State Board recommends 45-minute periods ex 2ept in very small classes. Rule 46. A school employing five teachers or six teachers shall not use a.- y part of the time of more than two teachers in its high school department. Rule 47. A school employing seven or eight teachers may use not more ll::in one-half the time of a third high school teacher in the high school de- !; rtment, Provided, that the enrollment in the high school department and the elementary department are in such proportion as to justify this division. A 1 such schools are to be rated as two-teacher high schools in receiving ap- pi opriations. \ Rule 48. The elementary grades of any school must be adequately pro- vided with teaching force before three or more teachers will be permitted in a hi-h school rec-ivinr State aid. \o teacher in the elementary department oi any school receiving st;te hijrh school aid may have or teach more than 50 pupils a day. Rule 49.- The supervising principal of a two-teacher high school must de- vote not fewer than six periods a day to teaching. Rule 50. The supervising principal of a three-teacher high school will not be counted as a full time teacher, unless he devotes as many as nve periods a. d iv to teaching. Rule 51. The suprrvisinjr principal of a four-teacher high school will n )t be coun' full time teacher, unless he devotes as many as four ].' riods a dav to Rule 52. No liiyh school teacher, other than the supervising principal, \\ill be counted a full time teacher, unless such teacher devotes as many as P' rinds a day to leach in vr. Rule 53.- -No hi^li school will be accepted for State aid whose superinten- dent or supervising principal's salary is unreasonably out of proportion to number of ca he has to supei-vi.se or to the salaries of his assistants. Rule 54. In a 1 \v-i-teacher hi:h school, the amount of State aid skill ot exceed $;V> a month. Rule 55.- To hi^h schools of three or more teachers, the imtial appropri- ation will be the lowest hiirh school salary up to $55 a month. Any additional t>G GENERAL SCHOOL LAW OF SOUTH CAROLINA appropriations will bo made in accordance with Section 6 of the High School Act of 1916, No. 501, page 875, Acts of 1916. Rule 56. After July 1, 1917, no high school will be given State aid when 1here are fewer than five pupils enrolled in any grade. Rule 57. No high school student in a State aided high school will be per- mitted to carry more than five major subjects at a time. Under tnis regulation English is counted one subject, Latin w r ith grammar or prose composition is one subject, history with civics is one subject. Arithmetic, algebra and p ometry are three separate subjects, and each division of history is a sep- arate subject. Rule 58. Each high school teacher employed in a school receiving State high school aid must have a valid first grade certificate properly registered with the County Superintendent of Education of the county in which the school is located. College diplomas are not certificates. Rule 59. After July 1, 1917, every high school teacher employed in a State aided high school must give evidence of his or her fitness to teach the subjects he or she teaches in that school. This fitness is to be determined by the course or courses pursued by the teacher in his or her preparation to teach, or by examination prepared and directed by the State Board, or by Inspection of the teacher's w^ork to be reported to the State Board in writing by its representative in cases where the teacher has already taught these subjects five years or more. Rule 60. Every high school receiving State aid must use the textbooks adopted by the State Board of Education or submit in writing to the State Board what other books are used together with the reasons for their use. Schools organized and operated under legislative Acts conferring special powers and privileges with the right of independent textbook adoption are the only districts legally authorized to substitute texts in lieu of State adopted books. The powers and privileges of such special legislative dis- tricts are not abridged or affected by this regulation, but the record of their textbook uses will be helpful to the State Board. Districts governed by the general school law cannot make, legally, substitutions for State adopted books. Rule 61. State aid may be withdrawn from any high school after two Ttionths' notice to the local board for inefficient teaching, for the continuance of an inadequate course of study, or for lack of attendance. Rule 62. Every high school receiving State aid shall render Avith reason- able promptness such reports as are required by the State Board. All such reports are to be countersigned by the secretary of the local school board. Any school knowingly making an incorrect report in any matter affecting the standing of the school or its appropriation thereby subjects itself to being penalized by the State Board. INDEX Section Ad. ption of Textbooks 1708 Ag nts. School Officers not to be for Sile of Books 576 Ag iculture Teaching 1813a-1813g Ah >holic Drinks 1733 Ap >eals to State Board of Educa- t on 1707, 1736 Ap teals to County Boara of Educa- t on 1736 Ap )eals under Compulsory Attend- i nee Law 1814h, 1814k Ap >eals, Procedure on, Rules 31 Ap >ortionment of School Funds 577, 1720, 1735 Ap >roval of School Claims 1758 Ap >roval of School Warrants 1759 Ar .or Day 1809 Be uests for Educational Purposes 1702 Bh nks and Certificates 1699 Bo .rd of Health to Visit and Inspect t chools 1598 Bo .rd of Health may close Schools 1598 Bo id of State Superintendent 1698 Bo id of Publishers 1708 Bo id of County Superintendent 1717 Ca houn's Birthday 1809 Ce isus of Children 1814g Census Clerk 1814g Ce:tificates and Blanks 1699 Certificates of Teachers 1708, 1737 Ce tificates of Teachers, Registry of 1737 Ce -tificates of Teachers, Issuance of 1737 Certificates of Teachers, Revocation cf 1737 Cei-tificates of Teachers Rules as to 9-27 Citadel. Scholarships in 1710 Claims, Report on 1724 Claims, Register of 1725 Claims, Need not be Impressed with Seal 1727 Claims of County Superintendent 1728 Claims against School Funds 1758 Claims, Proof of Old 1805 Chims, Borrowing Money to Pay 1806 Ch ims, Rules as to Approval 28 Chmson, Scholarships in 1710,1714b-1714e Chrk Hire Allowed State Superinten- dent 1701 Co npetitive Examination for Schol- arships 1710-1711 Compulsory Attendance Law Petition its to 1814J Compulsory Attendance Law. Rules and Regulations 1814k Compulsory Attendance between Ages of 8 and 14 1814a-1814n Compulsory Attendance, Period of 1814a Compulsory Attendance. Exemptions from 18l4b-l8l4d Compulsory Attendance, Duties of Parent, Guardian, etc 1814d-1814f Compulsory Attendance between Ages of 14 and 16 Years 1814e Section Compulsory Attendance, Penalties for Violations 1814f Contracts, Limitation on 1777 County Board of Education, Supplies for 1723 County Board of Education, Appoint- ment 1729 County Board of Education, Term 1729 County Board of Education, Duties 1730 County Board of Education, Advisory Powers 1736 County Board of Education, Appeals to and from 1736 County Board of Education Meetings of 1737 County Board of Education, Officers of 1737 County Board of Education to Cre- ate School Districts 1738 County Board of Education, Sale of School Property 1755 County Board of Education, Exempt from Militia Duty 1779 County Board of Education, Duties under Compulsory Attendance Law 1814a, 1814g, 1814h-1814j County Board of Education to Pay for Census 1814g County Board of Education to Fix Period for Compulsory Attendance 1814a. 1814i County Board of Education to Pub- lish Laws 1814i County Board of Education, Vacancy in, Rules 7 County Superintendent to Conduct Examinations 1711 County Superintendent, Election County Superintendent, Term County Superintendent. Bond 1717 County Superintendent. Removal of, Removal from office 1717 County Superintendent, Vacancies in Office 1717, 1718 County Superintendent, Duties 1719 County Superintendent, when to Qua- lify 1717 County Superintendent to Visit Schools ^ 1719 County Superintendent to Attend Settlements 1720 County Superintendent to Apportion School Funds 1720 County Superintendent, Reports 1721, 1722, 1724 County Superintendent to Register Claims 1724 County Superintendent to Report on Claims 1724 County Superintendent, Seal of 1727 County Superintendent, Salary 1728 County Superintendent, Expenses 1728 Course of Studies 1708. 1731, 1732. 1733 INBEX Section eeftito.ry for Sale of School Books 1708, 1795 Depositories for School Books 1708 Devise for Educational Purposes 1702 Direct Tax Funds 1702 Discounting Teachers' Pay Warrants 575 Election of State Superintendents 1698 Election as to Special Tax Lew 1742 Election as to School Bonds 1743, 1745 Election as to Compulsory Attend- ance Law 181 4j Enrollment Defined 1716 Examination of Teachers 1708 Examination of Teachers, Rules as to 9-27 Factories, etc., Inspection of 1814g Form of School Registers 1725 Gifts for Educational Purposes 1702 Gifts for Educational Purposes, Con- stitutional Sections 10, 11 Government of Schools 1708 Guardians to Compel Attendance of Wards 1814a-1814f High Schools, Establishment of 1812a- 1812g High Schools, Rules as to Aid for 43-62 Institutions of Higher Learning, Re- ports by 1700 Kindergartens 1778a-1778d Libraries, Funds for 1796, 1797 Libraries, Selection of Books for 1798 Libraries, Preservation of 1799 Libraries, Appropriation for 1801 Libraries, Exchange of 1800 Libraries, Enlargement of 1803 Libraries Limited 1 1802 Mixed Schools Unlawful 1780 Narcotics 1733 Night Schools 1716 Normal Course for Teachers 1713 Normal Scholarships, Notes of Hold- ers 1714 Notes of Holders of Scholarships 1714 Notice of Opening of Schools 1814h, 1814J Notice of Non- Attendance 1814f Parents to Compel Attendance of Children 1814a-1814f Penalties 1734 Penalties on Parents and Guardians 1814f Penalises on Teachers 1814h, 586a Penalties on County Treasurer 582 Penalties on Auditor 583 Penalties on Examiner or Trustee, Acting after Removal 585 Penalties for* Failure to Keep Cash Account 586 Petition for New School District 1738 Petition for Consolidation of School Districts 1738 Petition for Election as to Levy of Tax 1742 Petition for Election as to Bonds 1743 Petition as to Compulsory Atten- dance Law 1814J Pbvsiolojfy &fc4 Hygiene te be Tauffhl Fltns for Sehoolhousfcs 1765 Poll Taxes, Collection of 1735, 578 Poll Taxes, Report by Auditor 1769 Section Poll Taxes, Where to be Expended 1770 Poll Taxes, Report of Collections 1771, 581 Poll Taxes, Constitutional Provisions 6 Private Educational Institutions, Re- ports 1811 Pupils, Enrollment of 1700 Pupils, Transfer of 1756 Pupils, Suspension of 1761 Pupils, Discharge of 1761 Pupils, Age of 1778 Pupils in Kindergartens 1778a Pupils, Compulsory Attendance of 1814a, 1814n Pupils, Record of Attendance 1814h Pupils, Conveyance to School 1817f Records of State Board of Educa- tion 1706 Reports by State Superintendent 1700 Reports of Enrollment 1700 Reports of State Institution of High- er Learning 1700 Reports of Private and Other Educa- tional Institutions 1811 Reports of Attendance 1814h, 586a Rules of State Board 1708 Rules for Examination of Teachers 1708 Rules for Government of Schools 1708 Rural Schools, Aid for 1816a-1816d Salary of State Superintendent 1698 Salary of County Superintendent 1728 Salary of Teachers, Warrants for 1757 Salary of Officers Handling School Funds, Constitutional Section 4 Sale of School Property 1755 Sale of Textbooks 1708 Sale of Textbooks, Agents for 576 Schools, Visiting by Trustees 1761 Schools, Terms 1777 Scholastic Year, Reports for 1700 Scholastic Year, Commencement of 1781 Scholarships. Award of 1708, 1709, 171> Scholarships, Examinations for 1710 Scholarships, Regulations as to 1711 Scholarships, Vacancies in 1712 Scholarships in Citadel 1710 Scholarships in University 1713 Scholarships in Winthrop 1714a Scholarships for Teachers 1713 Scholarships in Clemson 1714,1714b-1714g Scholarships, Age Limit 1714f School Bonds, Provision for 1738 School Bonds, Election as to School Bonds, Issuance of School Bonds, Sale of 1746 School Bonds, Levy of Tax to Pay 1746 School Bonds, How Signed 1747 School Bonds, Use of Proceeds of 1748 School Bonds, Exempt from Taxation 1751 School Districts, Formation 1738 School Districts, Size 1738 School Districts, Powers of 1738 School Districts, Changes in 1738 School Districts in Adjoining Coun- ties 1738, 1750 School Districts, Dissolution of 1739 School Districts Management of 1740, 1753 Section Sc iool Districts. Tax Districts 1741, 1768 Si iool Districts, Special Tax Levy in 17 12 Si iool Districts may issue Bonds 1743 Si iool Districts, Survey of 1743 Si iool Districts of over 5000 1752 Si iool Districts Stated in Tax Re- ;urns 1768 S^ iiool Funds, Apportionment of 1735 Si hool Funds, Disbursement of 1736. 1773 S. hool Funds, Custody of 1746 S hool Funds, Depositories for 1746 S hool Funds Monthly Report, of 1772 S hool Funds, Report to State Super- intendent 1774 s -iifti Funds, Unexpended Balances 1776 Funds Reserve Fund 1807, 1808 33-39 1761 S :hoolhouses,. Insurance of 1761a-17611 S choolhouses. Location (Note) 176 ' S choolhouses, Funds for Building 1762- 1767 Consolidated Build- 1764 for 1765 Lands belong- 32 1761 1755 1699 INDEX hool S :hool S ;hool Funds, Rules as to S :hoolhouses, Provisions for choolhouses in ings choolhouses, Plans choolhouses only on I ing to District, Rules ! chool Property, Control of School Property, Sale of School Register to be Supplied >chool Supplies, Rules as to Pur- chasing 30 >eal of County Superintendent 1727 Sectarian Schools, Constitutional sec- tion 9 Separate Schools for Different Races. Constitutional Section 7 Sinking Funds, Provision for 1746 Sinking Funds, Care of 1749 South Carolina Day 1809 State Board of Education Powers as to Textbooks 1699 State Board of Education, Appoint- ment of 1705 State Board of Education, Minutes and Records 1705 State Board of Education, Secretary 1705 State Board of Education, Chairman 1705 State Board of Education, Meetings 1706 State Board of Education, Compen- sation 1706 State Board of Education, Advisory Powers 1707 State Board of Education, Appeals to 1707 State Board of Education, Powers 1708 State Board of Education, Rules 1708 State Board of Education to Award Scholarships 1711 State Board of Education to Appoint County Superintendents 1718 State Board of Education Exempt from Militia Duty 1779 State Board of Education, Constitu- tional Provisions, Section 2 Stete Board of Education, Rules and Regulations 1-62 State Superintendent of Education. Election 1698 Section State Superintendent of Education, Bond 1698 State Superintendent or Education, Salary 1698 State Superintendent of Education, Traveling Expenses 1698 State Superintendent of Education. Duties 1699. 1703 State Superintendent of Education, Reports by 1700 State Superintendent of Education, Clerk Hire Allowed 1701 State Superintendent of Education, Transfer to Successor 1703 State Superintendent of Education, Vacancy in Office 1704 State Superintendent of Education, to Prescribe Registry of Claims, etc., by County Superintendent 1725 State Superintendent of Education, Constitutional Section 1 State Treasurer to Receive Gifts, etc 1702 Supplementary Reading in Public Schools 1715a-1715c Tax, Three Mills Constitutional 1735 Tax, Poll 1735 Tax, Special in School Districts 1742, 1792 Tax to Retire School Bonds 1746 Tax on Doss 1790 Taxation, Exemption from, School Bonds 1751 Teachers, Examination of 1708 Teachers, Standard of Proficiency 1708 Teachers, Certificates of, State Board to Grant 1708 Teachers, Certificates of, County Board to Grant 1737 Teachers, Certificates of, Cancella- tion of 586d Teachers, Certificates of, Rules Gov- erning County Board 10-20 Teachers, Certificates of, Rules Gov- erning State Board 9-12, 16, 21-27, 58-59 Teachers, Certificates of, Registry of, Rule 20, 1737 Teachers, Normal Course for 1713 Teachers, Scholarships for 1713 Teachers, Monthly Reports by 1757 Teachers, Warrants for Salaries of 1757, 1761 Teachers, Employment of 1761, 1777 Teachers, Discharge of 1761 Teachers, Qualifications of 1761, 1777 Teachers in Kindergartens 1778c Teachers, Training Courses for, in High Schools 1812h Teachers may excuse Temporary Ab- sences 1814d Teachers to Keep Record of Attend- ance 1814h Teachers, Deductions from Salary 1814h Teachers, Annual Reports by 586a Teachers, Number of Grades, Rules as to 43 Term of Schools, Minimum 1782 Term of Schools, Trustees to Regu- late 1777 INDEX Section Term of Schools, Appropriation to Lengthen . 1783-1788 Term of Schools for Compulsory At- tendance 1814a Textbooks, Uniformity in 1699, 1708 Textbooks, Sectarian or Partisan 1699 Textbooks to be Prescribed 1708 Textbooks, Adoption 1708 Textbooks, Depositories for 1708, 1793, 1795 Textbooks, Sale of 1708 Textbooks at Cost 1793 Textbooks may be Furnished Free 1794 Textbooks Prohibited 1804 Textbooks in Agriculture 1813g Three-Mill Tax 1735 Three-Mill Tax, Constitutional Section 6 Trustees 1702 Trustees, Powers 1761 Trustees, Appointment of 1752 Trustees, Term 1752 Trustees, Duties 1752-1753, 1760 Trustees, Qualifications of 1752 Trustees, Removal of 1752, 1814m Trustees, Meetings of 1754 Trustees may sell Property 1755 Trustees not to Receive Pay as Teachers 1760 Trustees, Contracts by 1777 Section Trustees Exempt from Militia Duty 1779 Trustees to Fix Compulsory Attend- ance Term 1814a Trustees may excuse Non-Attend- ance 1814b Trustees to Take Census of Child- ren 1814g Trustees to Give Notice of Non-At- tendance 1814g Trustees to Give Notice of Opening of Schools 1814h, 1814J Tuition not to be Charged in Public Schools 18141 Vacancies in Scholarships 1712 Vacancies in Office of County Super- intendent, Rule 8, 1717, 1718 Vacancies in Office of State Super- intendent 1704 Vacancies in County Board of Edu- cation, Rule 7 Vacancies in Board of District Trus- tees 1752 Vaccination may be Required in .Schools 1607 Warrants, Issuance and Approval 1757, 1759 Warrants, Conditions Precedent 1814h Warrants, Rules as to 28 Winthrop, Scholarships in 1710, 1714a LAWS ELATING TO EDUCATION ENACTED AT THE 1917 SESSION OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA ISSUED BY STATE DEPARTMENT OF EDUCATION COLUMBIA J. E. SWEARINGEN STATE SUPERINTENDENT OF EDUCATION THK K. I.. HKYAN COMPANY COI.l'MBIA. S. C. 1917 AN ACT to Provide for Consolidated and Graded Schools in (Country Districts, and to Appropriate One Hundred Eighty- seven Thousand Five Hundred ($187,500.00) Dollars to . Encourage the Same. Section 1. Appropriation for Rural School Aid. Be it enacted by the General Assembly of the State of South Carolina : Not less than one hundred eighty-seven thousand five hundred ($187,500.00) dollars shall be appropriated annually for the purpose of assisting rural school districts in the establishment, maintenance, and improve- ment of rural graded schools under the conditions and provisions of the following sections of this Act. 2. Conditions Precedent to Receiving Aid Hereunder Two Hundred Dollar Class. When any rural school district shall levy and collect a special school tax of not less than four (4) mills, and when a school in such district employs two certified teachers for a school term of not less than six months, or twenty-four weeks, and when such school has a legal enrollment of not fewer than fifty pupils by December 15th, and an average daily attendance for the session of not fewer than thirty pupils, and when such school is taught in a comfortable and sanitary building, provided with the minimum equipment prescribed by the State Board of Education, and when it uses a course of study and classification approved by the State Board of Education, it shall be entitled to receive State aid under this Act to the amount of $200.00 per year. 3. Same Three Hundred Dollar Class. When any rural school district shall levy and collect a special school tax of not less than four (4) mills, and when such school employs three or more certified teachers for a school term of not less than seven months, or twenty-eight weeks, and when such school has a legal enrollment of not fewer than seventy-five pupils by December 15th, and an average daily attendance for the session of not fewer than forty pupils, and when such school is taught in a comfortable and sanitary building, provided with the minimum equipment prescribed by the State Board of Education, and when it uses a course of study and classi- fication approved by the State Board of Education, it shall be enti- tled to receive State aid under this Act the amount of $300.00 per year. 4. Same Four Hundred Dollar Class. When any rural school district shall levy and collect a special school tax of not less than four (4) mills, and when such school employs four certified teachers for a school term of not less than seven months, or twenty- eight weeks, and when such school has a legal enrollment of not fewer than one hundred pupils by December 15th, and an average daily attendance for the session of not fewer than sixty pupils, and when such school is taught in a comfortable building containing not fewer than four classrooms, provided with the minimum equipment prescribed by the State Board of Education, and when it uses a course of study and classification approved by the State Board of Education, it shall be entitled to receive State aid under this Act to amount of $400.00 per year. 5. Same Five Hundred Dollar Class. When any rural school district shall levy and collect a special school tax of not less than four (4) mills, and when such school employs five certified teachers for a school term of not less than seven months, or twenty- eight weeks, and when such school has a legal enrollment of not fewer than one hundred and twenty-five pupils by December 15th, and an average daily attendance for the session of not fewer than seventy-five pupils, and when such school is taught in a comfortable and sanitary building, containing not fewer than five classrooms, provided with the minimum equipment prescribed by the State Board of Education, and when it uses a course of study and classi- fication approved by the State Board of Education, it shall be enti- tled to receive State aid under this Act to the amount of $500.00 per year. 6. Teacher in Rural Graded School Not to Instruct More Than Fifty Pupils Certain Schools Not to Receive Aid. No teacher in a rural graded school shall enroll or instruct more than fifty pupils ; and no district receiving term extension aid or high school aid shall be entitled to receive rural graded school aid. 7. Application Program of Work to Accompany Time of Filing To Be Approved by County Superintendent. The State Superintendent of Education shall prescribe and furnish to the County Superintendents all necessary forms and blanks for making application for State aid, and every such application, accompanied by a full, clear and legible program of each teacher's daily class- room work, shall be filed with the State Superintendent of Educa- tion not later than December 31st. Each application and each accompanying program shall be examined and approved in writing by the County Superintendent before State aid is granted. 8. Annual Report to Be Filed Before Application Can Be Approved. The annual report of any rural graded school receiving State aid shall be filed with the State Superintendent of Education and a duplicate copy thereof with the County Superin- tendent in accordance with Act No. 128, page 191, Statutes 1913, before the application of such school for further aid is approved or paid. 9. When Aid May Be Refused. The State Superintendent of Education may refuse aid under the provisions of this Act if it is made to appear to him that the expenditure would be unwise and detrimental to the interest of free school education in said district. 10. Rules and Regulations. The State Superintendent of Education, with the State Board of Education, shall provide rules and regulations for the distribution of this fund, and shall publish such regulations to the various County Superintendents of Educa- tion, who, in turn, shall publish them to the various Trustees. 11. Transportation of Children Permissible. It shall be lawful for the School Trustees of a district to use the State aid obtained under the provisons of this Act to furnish public convey- ance of children to the school, when, in the opinion of the Trustees and the County Superintendent, such action is wise and expedient. 12. Disbursement by Voucher. All disbursements under this Act shall be made on duly itemized vouchers, approved by the Comptroller General. 13. Effective July 1. This Act shall take effect on July 1st, following the approval by the Governor. 14. Inconsistent Acts Repealed. All Acts or parts of Acts inconsistent with the terms of this Act be, and are hereby, repealed. Approved Feb. 27. AN ACT to Provide for the Teaching of Agriculture in the Public Schools of the State, and to Place the Same Under the Super- vision of the State. Section 1. Appropriation for Teaching Agriculture in Public Schools. Be it enacted by the General Assembly of the State of South Carolina, That to promote the teaching of agriculture in the public schools, there is hereby annually appropriated out of the 6 State treasury ten thousand ($10,000.00) dollars to be expended as hereinafter provided by the State Superintendent of Education, in consolidated schools doing practical classroom and field work in agriculture. 2. Prerequisites to Securing Teaching Qualifications of Teacher Duties State Aid. Whenever the Board of Trustees of three or more school districts shall raise from regular funds, local taxes, private subscription or otherwise and shall deposit with the County Treasurer not less than seven hundred and fifty ($750.00) dollars to be expended by the County Board of Education, upon their warrant duly approved by the County Superintendent, for the teach- ing of agriculture in their respective districts, such group of dis- tricts shall be entitled to seven hundred and fifty ($750.00) dollars, and not more than twelve hundred and fifty ($1,250.00) dollars, from the State or supplied by the State, to be used to pay the salary of a man who shall be a graduate in agriculture of a State agricul- tural college, or a college graduate versed in agriculture, who shall be employed for a term of at least three years, who shall devote full time to classroom instruction in agriculture, field work on the school farm, school garden or school orchard or in any other line of agri- cultural teaching or educational activity needed in the territory com- posing the districts. Such trained agricultural teacher shall be employed jointly by the County Superintendent of Education, the State Superintendent of Education and the State Supervisor of Agricultural Instruction, and may serve as superintendent or prin- cipal of the group of co-operating schools, shall reside during the twelve months of the year in the territory he serves, shall possess all of the scholarship requirements demanded of other teachers, shall hold a valid certificate duly registered in the County Superintendent's office, and shall be subject to the supervision of the State Supervisor of Agricultural Instruction, who shall be a specialist in agricultural education, to be elected by the State Board of Education. He may do teacher training work in Clemson Agricultural and Mechanical College, as may be agreed upon by the State Superintendent of Edu- cation and the president of the college. The teacher of agriculture in schools included under this Act shall make all reports required of public school teachers, and in addition thereto shall furnish such other special reports as may be required in his special field, by the chief of the extension forces of Clemson College, such report to be made in triplicate, one copy to be filed with the County Superin- tendent of Education, one copy with the State Superintendent of Education and one copy with the State Supervisor of Agricultural Instruction : Provided, That if any one school district shall raise by taxation, private subscription or otherwise at least seven hundred and fifty ($750.00) dollars, such school shall be entitled to receive two hundred and fifty ($250.00) dollars State aid: Provided, further, That if any two school districts shall so raise seven hundred and fifty ($750.00) dollars, such schools shall receive five hundred ($500.00) dollars State aid under the provisions of this Act. 3. Conditions Required of Schools School Farm Courses of Instruction. Any public school co-operating in this work shall have an enrollment of at least fifty pupils with a regular attendance of at least thirty pupils, two or more teachers of the usual public school subjects, a term of six months, a local tax of not less than four mills, a comfortable and sanitary building of at least two rooms, a school farm of not less than two acres, in addition to school site, the minimum equipment prescribed by the State Board of Educa- tion, and shall use the textbooks and course of study regularly required of other public schools. The said school farm of two or more acres shall be secured by the trustees of the school district in which the school is located, and shall be cultivated under the super- vision of the agricultural teacher who may require this cultivation to be done, so far as may be practicable, by the pupils being taught agriculture in such school, the proceeds from sales of crops grown on said farm may be used to defray the expenses of the said farm, the surplus, if any, may revert to the school district or be disposed of as may be directed by the trustees of the said school district. The special lessons or course in agriculture may be adapted to the com- munity needs as recognized by the agricultural teacher, and such teacher shall have full right and absolute freedom in the introduction and presentation of any additional lessons, bulletins, instruction or other matter that may be furnished by the United States Department of Agriculture, the State Department of Agriculture, Clemson Col- lege or any other agricultural college or experiment station. All such modifications of the course of study shall be reported in writing to the County Superintendent of Education and to the State Super- intendent of Education, and shall not be continued in any school over the disapproval of the State Board of Education. 4. No Tuition to Be Charged Schools Not Ineligible for Other Aid. Any school receiving State aid for agricultural teach- ing shall enroll free of charge any pupil desiring to pursue such a course and possessing sufficient knowledge of the elementary public 8 school subjects to enable him, in the opinion of the agricultural teacher, to do this work with advantage. Schools receiving aid for agricultural work shall not be ineligible to share in the State appro- priation for term extension, rural graded schools or high schools. 5. Textbook to Be Adopted. The State Board of Education, upon the recommendation of the State Supervisor of Agricultural Instruction, is hereby authorized to adopt a textbook on agriculture to be taught in all other schools not provided for in this Act. 6. Inconsistent Acts Repealed. All Acts or parts of Acts inconsistent with this Act are hereby repealed. 7. Immediately Effective. This Act shall take effect imme- diately upon the signature of the Governor. Approved Feb. 27. AN ACT to Provide an Equalizing Fund to Guarantee Adequate Facilities and Teaching Corps in Needy School Districts. Section 1. Equalizing Fund Prerequisites to Participation What Schools Not to Participate. Be it enacted by the General Assembly of the State of South Carolina : There is hereby annually appropriated out of the State Treasury not less than fifty thousand ($50,000.00) dollars to be used as an equalizing fund for guarantee- ing adequate facilities and an adequate teaching corps in needy school districts. To participate in such equalizing fund, any school district must first levy a maximum tax of eight (8) mills for current expenses, must employ one certificated teacher to instruct not more than fifty, nor fewer than twenty-five pupils, for a term of not less than seven months. Any district refusing to levy such eight-mill tax for cur- rent enpenses, or enrolling fewer than twenty-five pupils to each certificated teacher, or running longer than seven months shall not be entitled to share in this appropriation. State aid from this fund shall not be granted in any district where the principal of the school receives a salary of more than seventy-five ($75.00) dollars per month, or where an assistant teacher holding a first grade county certificate receives more than fifty ($50.00) dollars per month, or where an assistant teacher holding a second grade county certificate receives more than forty ($40.00) dollars per month, or where an assistant teacher holding a third grade county certificate receives more than thirty ($30.00) dollars per month. 2. Time for Filing Application Form. All applications for State aid from the equalizing fund must be filed with the State Superintendent of Education not later than December 15th of each year, and the State Superintendent is hereby authorized to prepare blanks and forms for such applications. 3. Applications to Be Refused in Certain Cases Amount to Be Received by School Proviso. In the distribution of this fund, the State Superintendent shall refuse the application of any district where the regular or special local funds have not been fully exhausted either by expenditure or by contract, or where the allow- ance of State aid would, in his judgment, be unwise or detrimental. The disapproval of any application by the State Superintendent shall be subject to review by the State Board of Education. Any district meeting the requirements hereof shall be entitled to receive from this appropriation a sufficient amount to cover any deficit for actual running expenses incurred during the current year : Provided, That the State Superintendent of Education may aid needy schools in his discretion up to July 1st, 1917. A. Limitation on Amount of Aid Receivable. Provided, That no county shall be entitled to receive a greater sum than ten per cent, of total amount appropriated for needy schools under the pro- visions of this Act. Approved Feb. 27. AN ACT to Constitute the State Board of Education, the South Carolina State Board of Vocational Training, and to Author- ize Said Board to Co-operate With the United States Gov- ernment in This Field. Section 1. Be it enacted by the General Assembly of the State of South Carolina, The State of South Carolina hereby accepts the provisions of an Act of Congress entitled : "To provide for the pro- motion of vocational education ; to provide for co-operation with the States in the promotion of such education in agriculture, the trades, industries, and home economics; to provide for co-operation with the States in the preparation of teachers of vocational subjects; and to authorize the appropriation of money and to regulate its expenditure," and hereby designates and constitutes the State Board of Education as the South Carolina State Board of Vocational 10 Training to co-operate with the United States Government in put- ting such law into operation. 2. The South Carolina State Board of Vocational Training is further authorized to co-operate with any local or State agency, now established or hereafter to be established, for the advancement of agricultural and industrial education. 3. The Treasurer of the State of South Carolina is hereby created and appointed custodian of all funds coming to the State of South Carolina from the United States under this Act, and the State Treasurer shall be responsible on his bond for the correct and proper handling of such funds. All moneys appropriated by the State or paid into the State Treasury from the United States for the purpose of this Act shall be paid out upon the order of the State Board of Education, duly countersigned and approved by the Sec- retary of the State Board of Education, and itemized vouchers shall be filed with the Comptroller General as in the case of other funds. Approved Feb. 27. Section 11 of the Act passed in 1917 by the Legislature, making appropriations for the State Government: SECTION 11. Public Schools. Item 1. Extension of Public Schools $ 60,000 00 Item 2. Public School Libraries 5,000 00 Item 3. Consolidated and Graded Schools 187,500 00 Item 4. Rural School Improvement Association 2,100 00 Item 5. Night Schools 2,500 00 Item 6. State Board of Education 2,000 00 Item 7. High Schools 75,000 00 Item 8. Equalization Fund for Needy Schools 50,000 00 Item 9. School Building Fund '. 50,000 00 Item 10. Teaching Agriculture in the Public Schools in this State.. 10,000 00 Total $444,100 00 The State Superintendent of Education is authorized to continue aid under Item 3 in any district when the school building is burned or destroyed during the scholastic year, past or current. 11 NOTES. All rural graded schools should note carefully the require- ments of a report for the scholastic year 1916-17 to be filed with the State Superintendent of Education before State aid can be continued during 1917-18. 2. Rural graded school applications must be filed before December 31st each year. 3. Three papers are annually required from every rural graded >chool : (a) The application for State aid. (b) A full, accurate, legible copy of each teacher's schedule of daily recitations. (c) The annual report at the close of the session. 4. All papers sent to the State Department of Education should have been given careful examination and written approval by district and county school officers. 5. The trustees of any rural graded school with an enrollment of 100 now have a broader opportunity in the provision of the law for schools employing four teachers. 6. Any rural graded school with an enrollment of 125 also has a broader opportunity for the employment of five teachers. 7. Under no circumstances should any board of trustees form contracts in excess of the estimated income of their district. In every instance where the required term with the required teach- ing corps cannot be guaranteed, the application cannot be legally approved by the State Superintendent of Education. 8. Agriculture may be successfully taught under the 1917 Act in any rural graded school with two or more teachers, if the dis- trict supplies $750 to pay the salary of a principal to be appointed by the County Superintendent, the State Superintendent, and the State Supervisor of Agricultural Instruction for a term of at least three years. The present Act makes no provision for the salary of the State Supervisor of Agricultural Instruction, but the State Department of Education hopes to be able to make some begin- nings in some progressive communities. 9. The equalizing fund is available only in districts levying an eight-mill tax for current expenses. A tax for bonds is for past 12 indebtedness, and cannot be counted as a part of this eight-mill levy. 10. A minimum term of seven months is guaranteed for every district having an eight-mill tax and paying modest salaries. 11. State aid from the equalizing fund cannot be secured until the benefits of the term extension law, the rural graded school law, or the high school law have been fully utilized. 12. The rapid development of vocational training is hoped for under the stimulus of Federal aid, State aid and local interest. THE R. L. BRYAN COMPANY, Printers, COLUMBIA, S. C. YC 0^84 108 UNIVERSITY OF CALIFORNIA LIBRARY