L B IRLF EXCHANGE ESOFNEW HAMPSHIRE RELATING TO PUBLIC SCHOOLS COMPILED FROM PUBLIC STATUTES AND SESSION LAWS OF 1 89 1 - 1 9 1 1 INCLUSIVE DEPARTMENT OF PUBLIC INSTRUCTION LAWS OF NEW HAMPSHIRE RELATING TO PUBLIC SCHOOLS COMPILED FROM PUBLIC STATUTES AND SESSION LAWS OF 1 89 1 - 1 9 1 1 INCLUSIVE DEPARTMENT OF PUBLIC INSTRUCTION MANCHESTER, N. H. PRINTED BY THE JOHN B. CLARKE COMPANY 1911 ; SCHOOL LAWS J. SCHOOL MONEY. Required by law. Money for text-books and supplies, high school tuition, flags and other statutory re- quirements, how raised. A. Local School Money. The selectmen in each town shall assess annually upon the polls and ratable estate taxable therein, a sum to be computed at the rate of seven hundred and fifty dollars for every dollar of the public taxes apportioned to such town, and so for a greater or less sum. [For the public tax apportioned to your town, see Laws of 1911, also blanks for an- nual report to department of public instruc- tion. Multiply apportionment for your town by 750, and the result will be money required by law.] The school board of each district in their annual report shall state in de- tail the sums of money which will be required during the ensuing fiscal year for the purchase of text-books, scholars' supplies, flags and appurte- nances, and for the payment of the tuition of the scholars of the district in high schools and academies in ac- cordance with chapter 96 of the Laws of 1901, and for the payment of all other statutory obligations of the dis- trict. The selectmen of the town, in their next annual assessment, shall assess upon the taxable polls and property of the district a sum suffi- cient to meet the obligations above enumerated and when collected shall pay the same over to the district treasurer. b 4g > i aws 1995. P. S. 88:2, as changed by 52, laws 1909. 249437 SCHOOL LAWS. School money may be used for what. Assignment to districts. Penalty for neglect of selectmen to assess, etc. The sums so raised shall be appro- p g g 8 . 3 priated to the sole purpose of main- taining public schools within the town [district] for teaching reading, writing, English grammar, arithmetic, geography, and such other branches as are adapted to the advancement of the schools, including the purchase of fuel and other supplies, the mak- ing of occasional repairs upon school- houses, appurtenances, and furniture, and the conveyance of scholars to and from school as provided by law. [Occasional repairs are those involving a small outlay, not more than five percent of the total school money. For repairs which amount to remodeling, special appropriations should be made. For conveyance of pupils not more than 25 percent of all school mon- eys may be used.] The selectmen shall assign to each P. S. 88:4. district a proportion of such money, according to the valuation of the dis- trict for the year, or in such other manner as the town, at the annual meeting, shall direct, and shall pay over the same to the school board of the district. [In most cases there is but one district in a town. The selectmen therefore will pay over the entire school assessment to the dis- trict treasurer to be paid out on the order of the school board.] When a guardian and ward reside in ** s - *'$ the same town, the selectmen shall assign the tax assessed upon the ward's personal property to the school district in which the ward lives and has his home. If the selectmen neglect to assess, P s 8S:6 assign, or pay over the school money as aforesaid, they shall pay for each neglect a sum equal to that so neg- lected to be assessed, assigned, or paid over, to be recovered by action SCHOOL MONEY. Penalty for illegal use or on part of school board. The district may raise money addi- tional to that required by law. District shall determine salaries of officers. Selectmen shall assess. of debt, in the name and for the use of the district by the school board. If the money so assigned and paid p. s. 88:7. over to the school board of any dis- trict is not expended by them accord- ing to law, they shall be fined not ex- ceeding twice the sum so unexpended, or not legally expended, for the use of the district. [The school money must not only be legally expended, but it must be all legally expended in the maintenance of schools during the school year for which it was appropriated. School money cannot lawfully be laid up.] Any district may raise money for p< s - the support of schools in addition to f 2 m ~" the sum required by law, which shall be assessed, collected and paid over to the district as other school taxes; and all money for the support of public schools, except that provided by sec- tion 1 of this chapter, and all moneys for the building, repair or alteration of schoolhouses, for the improvement of school grounds, and for any other purpose connected with the adminis- tration, support, equipment and im- provement of the public schools, ex- cepting purposes already provided for by statute, shall be raised only in a lawful meeting of the district. At its annual meeting each school 22:1, laws district shall determine and appoint 1909. the salaries of its school board and truant officer or officers, and the dis- trict clerk shall certify the same to the selectmen. The selectmen shall annually assess 22 . 2 laws upon the polls and ratable estate of 1909! the district a sum equal to the amounts determined by the district as prescribed in section 1, and shall pay over the same to the district treas- urer. SCHOOL LAWS. Dog tax. Literary fund. Literary fund, distribution of. Literary fund may be used for what. All moneys arising from the taxa- p g gg.^ tion and licensing of dogs, remaining in the treasury of any town or city on the first day of April, annually, which is not due to holders of orders given for loss of or damages to do- mestic animals by dogs, shall be ap- plied to the support of the public schools, and shall be assigned to the districts as other school money. B. State School Money. All taxes collected by the state up- P. S. 88:9. on the deposits, stock, and attending accumulations of depositors and stockholders of savings banks, trust companies, loan and trust compa- nies, loan and banking companies, building and loan associations, and other similar corporations, who do not reside in this state, or whose residence is unknown, shall be known as the "literary fund." The state treasurer shall assign and P. S. 88:10. distribute, in November of each year, the literary fund among the towns and places in proportion to the num- ber of scholars not less than five years of age who shall, by the last reports of the school boards returned to the superintendent of public in- struction, appear to have attended the public schools in such towns and places not less than two weeks with- in that year. No unincorporated place shall re- p. s. 88:11. ceive its portion until a treasurer or school agent shall have been chosen to receive and appropriate the same as required by law. The portion of the literary fund so p s g8 :12 received by any town or place shall be assigned to the districts as other school money, and shall be applied to SCHOOL MONEY. Literary fund penalty for misuse of. State aid- towns to receive. State aid- average at- tendance basis. the maintenance of the public schools during the current year; one fifth part thereof may be applied by the school board to the purchase of black- boards, dictionaries, maps, charts, and school apparatus. If any town or incorporated place p. s. 88:13. or the agent of any unincorporated place shall apply any money so re- ceived to any other purpose, the town, place, or agent so offending shall re- fund to the state treasury double the sum so misapplied. No appropriation of money provided J^ 1 ' lawa for in sections 2 to 3 inclusive of this act shall be held to apply to towns having an equalized valuation of more than $7,000 per pupil of average at- tendance for the year preceding; or whose population by the last pub- lished federal census is more than 3,500; or whose schools have been maintained less than an average of thirty weeks for the school year next preceding; or whose tax rate for school purposes is less than $4.50 on one thousand dollars of equalized val- uation; provided, however, that the last two clauses shall not be in force until July 15, 1911: There shall annually in the month 158:2, lairs of December be apportioned to all ^OS. towns not excluded by the terms of section 1 and as hereafter provided state money as follows: I. To all towns having an equalized valuation per pupil of average at- tendance of less than $2,000, the sum of $1.75 per school week for every twenty-five pupils or major part thereof of average attendance for the year next preceding. II. To all towns having an equal- ized valuation per pupil of $2,000 or more and less than $3,000, $1.50. SCHOOL LAWS. State aid- qualified teacher basis. State aid- district super- vision and high school tuition. State aid- appropriation for. III. To all towns having an equal- ized valuation per pupil of $3,000 or more and less than $4,000, $1.25. IV. To all towns having- an equal- ized valuation per pupil of $4,000 or more and less than $5,000, $1.00. V. To all towns having an equal- ized valuation of $5,000 or more and less than $7,000, per pupil, $0.75. When any district shall employ 158:3, laws graduates of a New Hampshire Nor- 1909> mal school, or of any Normal school in another state of equivalent grade, or persons holding a permanent New Hampshire state teacher's certificate, it shall receive a further sum of $2.00 per week for every teacher so em- ployed. There shall annually be reserved 158:4, laws and set aside from the appropriation 1909< provided for by this act such sums as shall be needed for carrying out the provisions of chapter 77, Session Laws of 1899, relating to district supervi- sion, and of chapter 96, Session Laws of 1901, relating to high school tuition. The sum of $115,000 for each of the 158:5, laws years 1911-12; 1912-13 annually is here- 1909 - by appropriated to carry into effect the provisions of this act, and any portion of such appropriation as shall remain unexpended in any year shall remain in the state treasury for use in subsequent years, and if in any year the above appropriation and ac- cumulated surplus shall prove insuffi- cient, then towns having the highest equalized valuation per pupil shall be omitted in order from the distribu- tion provided for in sections 2 and 3. The sum appropriated by section 5 158:6, laws shall be in place of the annual appro- priations of $25,000 and $8,000 provided by chapter 77, Laws of 1899, and chap- SCHOOL MONEY. Penalty for not making returns. Minimum school year. High school tuition rebate. See also under High Schools. 4 ' laws ter 90, Laws of 1901, and amendments thereto, respectively, and such appro- priations shall be discontinued upon the passage of this act. All money appropriated by this act 153:7, i aws shall be expended under the super- 1909. vision of the governor and council. No town shall receive any benefit 77:7, laws under this act nor any portion of the 1899. literary fund unless its returns have been made to the superintendent of public instruction, as required by chapter 92, section 13, of the Public Statutes, nor unless its schools have been maintained at least twenty weeks during the school year next preceding. [Such sum as may be needed] shall 96 . 3 Iawg be appropriated annually from the 1961', as state treasury for the payment of tui- amended by tion in high schools and academies, to be paid by the state treasurer in the month of December of each year to the treasurers of such towns as are entitled, and in such manner as is hereinafter provided, upon a sworn certificate of the superintendent of public instruction of the sums due. Towns whose rate of taxation for school purposes in any year is $3.50 or more on $1,000, and whose average rate of taxation for all purposes for five years next preceding is $16.50 or more on $1,000, shall receive a share of said appropriation as follows: If the tax rate is from $16.50 to $17.49, one tenth of the tuition paid. If the tax rate is from $17.50 to $18.49, two tenths of the tuition paid. If the tax rate is from $18.50 to $19.49, three tenths of the tuition paid. If the tax rate is from $19.50 to $20.49, four tenths of the tuition paid. If the tax rate is from $20.50 to $21.49, five tenths of the tuition paid. 10 SCHOOL LAWS. If the tax rate is from $21.50 to $22.49, six tenths of the tuition paid. If the tax rate is from $22.50 to $23.49, seven tenths of the tuition paid. If the tax rate is from $23.50 to $24.49, eight tenths of the tuition paid. If the tax rate is from $24.50 to $25.49, nine tenths of the tuition paid. Over $25.49, the whole of such tui- tion. Summary of Sources of Regular School Revenue. A. Local. 1. Money required by law. 2. Money f cr statutory require- ments. 3. Additional raised by district. 4. Dog tax. 5. Assessment for salaries of officers. 6. In some cases local revenue peculiar to towns or dis- tricts in which it appears. B. State. 7. Literary fund. State aid covering 8. General distribution. 9. District supervision rebate. 10. High school tuition rebate. II. SCHOOL DISTRICTS. Definition of Each town shall constitute a single p. s. 89:1, as term "dis- district for school purposes, provided, amended by however, that districts organized un- 23 - laws ] der special acts of the legislature may retain their present organization, and the word "town" wherever used in SCHOOL DISTRICTS. 11 Districts to be corpora- tions. Districts may raise money other than regular school money for what. Districts may hire money for what how. District taxes. the statutes in connection with the government, administration, support, or improvement of the public schools shall be held to mean district. All districts legally organized shall be corporations, with power to sue and be sued, to hold and dispose of real and personal property for the use of the schools therein, and to make necessary contracts in relation thereto. 'School districts may raise money to procure land for schoolhouse lots, and for the enlargement of existing lots, to build, purchase, rent, repair, or remove schoolhouses and outbuild- ings, to procure insurance, to plant and care for shade and ornamental trees upon schoolhouse lots, to pro- vide suitable furniture, books, maps, charts, apparatus, and conveniences for schools, and to pay debts. Any school district may raise money for the purchase of suitable vehicles for the transportation of school children. School districts may hire money for building or repairing schoolhouses, and procuring and grading lots for the same upon the promissory notes or bonds of the district. If the monev is so hired upon the note or notes of the district, said note or notes shall be signed by the district treasurer and by the school board, and if upon the bonds of the district, said bonds shall be issued under and by virtue of, in conformity with, and subject to limitations of chapter 43, Laws of 1895, entitled "The Municipal Bonds Act." In the assessment of school-district taxes, every person shall be taxed in the district in which he lives for his p. s. 89:2, as amended by 23> laws 1909 - P. S. 89:3. Laws of 1911. amended' b 138, laws 1909. p g, 12 .SCHOOL LAWS. District high school. Joint schools of two or more dis- tricts. Contract with academy or other literary institution. poll and his personal estate subject to taxation in town. Real estate shall be taxed in the district in which it is situated. The selectmen may make a new in- P. S. 89:7. voice of all the property in the dis- trict when necessary for the just as- sessment of such taxes. If such taxes are assessed after the P. S. 89:8. first day of July in any year upon the property of nonresidents, the col- lector shall send to the owners of said property, or to their agents, if known, a bill of their taxes within two months after the delivery of the list to him, and shall, at the expiration of four months after such delivery, advertise and sell the property on which the taxes have not been paid in the same manner as if such taxes had been assessed in April preceding. Any school district may, by vote or P. S. 89:9. by-law, establish and maintain a high school in which the higher English branches of education and the Latin, Greek, and modern languages may be taught. Two or more adjoining districts in P. S. 89:10. the same or different towns may make contracts with each other for establishing and maintaining jointly a high or other public school for the benefit of their scholars, and may raise and appropriate money to carry the contracts into effect; and their school boards, acting jointly or other- wise, shall have such authority and perform such duties in relation to schools so maintained as may be pro- vided for in the contracts. Any school district may contract P- S. 89:11 as with 'an academy, seminary, or other literary institution located within its limits or in its immediate vicinity. SCHOOL DISTRICTS. 13 Towns border- ing on state line may con- tract with in- stitutions in another state. Entitled to rebate from state under 96, laws 1901. for furnishing instruction to its schol- ars; and the school money may be used to carry the contract into effect; provided, however, that the superinten- dent of public instruction shall have full power and authority to terminate such contracts whenever in his judg- ment the educational interests of the districts so require [Contracts made with corporations outside the state are not considered valid, except in the cases specified in the sections below.] Any school district may make con- tracts with any academies or high schools or other literary institutions located in the state for furnishing in- struction to its scholars; and such school district may raise and appro- priate money to carry into effect any contracts in relation thereto. Then every such academy or high school or literary institution shall be deemed a high school maintained by such dis- trict, if approved by the superinten- dent of public instruction in accord- ance with section 4 of this act. The school districts in the towns of Walpole, Mason, Rollinsford and Con- way may make contracts with Bel- lows Falls, Vt., Townsend, Mass., Ber- wick Academy, Me., and Fryeburg Academy, Me., respectively, for fur- nishing instruction to their pupils of high school grade, and may raise and appropriate money to carry "such con- tracts into effect. Any school district in towns border- ing on the state line, not having a high school or school of correspond- ing grade, may make contracts with high schools or academies in towns and cities located out of the state, whenever by reason of distance and transportation facilities such schools 96.6, laws 1901, as amended by 90, laws 1905 122, laws 1907. 96.7, laws 1901, as amended by 100, laws 1909. 14 SCHOOL LAWS. outside the state are more accessible to the pupils, and may raise and ap- propriate money to carry such con- tracts into effect; provided, however, that every such academy or high school shall be approved by the super- intendent of public instruction, in ac- cordance with section 4, chapter 96, Session Laws of 1901, and acts in amendment thereof and addition thereto. Any district in a town bordering 96.8, laws on the state line not maintaining a l&Ol, as high school or school of correspond- JjJ ei Jaws b3 ing grade shall pay for the tuition of 1909. any child, who, with parents or guar- dian resides in said district and who attends a high school or academy lo- cated out of the state, whenever by reason of distance and transportation facilities such schools outside the state are more accessible to the pu- pils; provided, however, that every such academy or high school shall be ap- proved by the superintendent of pub- lic instruction, in accordance with section 4, chapter 96, Session Laws of 1901, and acts in amendment there- of and addition thereto, and the par- ents or guardian of such child shall notify the school board of the district in which he reside^ of the high school or academy which he desires to at- tend, and the approval of the school board shall be necessary in all cases arising under this section. Towns paying for tuition of schol- 96^9, laws ars in high schools or academies out of the state shall be entitled to share in the annual appropriation of the state for such tuition, and in the lit- erary fund, so called, in the same manner as towns paying for the tui- tion of children attending a high school or academy in the state. 100, laws by SCHOOL DISTRICTS. 15 Admission of scholars from other dis- tricts. Districts situ- ate in two or more towns. Dissolution of special dis- trict. Each district may determine upon p g gg : i2. what terms scholars from other dis- tricts or towns may be admitted into its schools. If the district neglects to make such determination, the school board may do it. Every district situate in two or p. s. 89:13. more towns shall be entitled to its just proportion of school taxes, in- come of school funds, literary fund, and dog tax in each town, according to the valuation of polls and property taxable therein. Any school district organized under P. S. 39:14. a special act of the legislature may, by a majority vote of the qualified voters present and voting at a legal meeting, dissolve its corporate exis- tence and unite with the town dis- trict. In such case the town district so P. S. 89:15. formed shall forthwith take posses- sion of the schoolhouses, lands, appa- ratus, and other property owned and used for school purposes by the dis- trict so dissolved which the district might lawfully sell or convey. The property so taken, and also P. S. 89:16. like property of the district to which the special district is united, shall be appraised by the selectmen of the town, and at the next annual assess- ment a tax shall be levied upon the whole town district equal to the amount of the whole appraisal; and there shall be remitted to the taxpay- ers of each district the appraised value of its property. If a district so dissolved is formed P. S. 89:17. of parts of two or more towns, an equitable apportionment of its assets and liabilities between such parts shall be made by the selectmen of the towns in which they are situate, 16 SCHOOL LAWS. acting as a joint board, within sixty days after the dissolution. If such joint board fail to make an P. S. 89:18. apportionment within the time lim- ited therefor, any taxpayer within the district may apply by petition to a judge of the supreme court for the appointment of a referee to make the apportionment. The judge shall appoint a time and p - s - 89:19. place of hearing upon the petition, and order notice thereof to be given to all parties interested, and after hearing them he shall appoint a ref- eree. The notice shall be served by post- P- S. 89:20. ing copies of the petition and order thereon in at least two public places in each of said parts, and by giving to the clerk of the dissolved district, and the clerk of each town district in which any part thereof is located, like copies ten days at least before the day of hearing." The referee shall cause notice of his R s - 89:2L hearing to be given to all parties in- terested, in the same manner as is provided in the preceding section. He shall hear the parties, make his re- port in writing, and file a copy there- of with the clerk of the dissolved district and the clerk of each town interested; and the report, so made and filed, shall be final. Upon receiving a copy of the appor- P. S. 89:22. tionment, the selectmen shall assess upon that part of the district within their town the amount for which it is charged, and cause the same to be collected and paid to the town district in which the creditor part of the dis- solved district is situated. The town district shall take the P. S. 89:23. property and assets of that part of SCHOOL DISTRICTS. 17 the dissolved district which is situ- ate in such town district, and the se- lectmen of the town shall assess and remit taxes with reference to the property so taken, and like property of the town district, the same as in other cases. The corporate powers of a district p. s. 89:24. shall continue for the purpose of set- tling- up its affairs and of holding-, managing-, and enjoying- any property held by it in trust, notwithstanding its dissolution, but the school board of the district of which it forms a part shall be its agents to expend the income of any such trust property that is devoted to the support of schools. The school board shall first give to p. s. 89:25. such district or districts such term or character of schooling as would be just and reasonable if no such fund were in existence, and only use the income to lengthen the school or schools, or to carry out the purposes of the trust under which the funds are held. Any justice of the peace may, upon P. S. 89:26. application of three or more voters, resident within the limits of the dis- solved district, call a meeting thereof in the same manner as other school district meetings are called, at which a moderator, clerk, and agents may be chosen, and any other business transacted for the purposes men- tioned in section 24 of this chapter. The records of dissolved school dis- p. s. 89:27. tricts whose corporate existence is not continued for any purpose shall be returned by the clerks of such dis- tricts to the town clerk's office for preservation with the public records of the town. 18 SCHOOL LAWS. Maintenance of high schools in dissolved spe- cial districts. Annexation of territory situ- ate in one district to an- other district for school purposes. Whenever any school district organ- 64:1, laws ized under a special act of the legis- ^l. lature shall vote to abolish such dis- trict and to unite with the town dis- trict, if said town district shall vote to receive said special district, if said special district has for the five years next preceding such vote maintained a high school, it shall be incumbent on the town district with which it unites to thereafter keep and main- tain within the limits of said special district a high school for at least thir- ty-four weeks in each year, and of equal grade to that which had been previously maintained therein by such special district, said high school to be open to all scholars in the town dis- trict, of suitable age and qualifica- tions. It shall be the duty of said town 64:2, laws district to raise and appropriate each 1891. year thereafter sufficient money in addition to the school money which the town in which it is situated may raise, to properly maintain such high school, or schools, as may be estab- lished under the preceding section. Any high school hereby established 64:3, laws may be discontinued or the location 1891 thereof changed, by the supreme court, on petition of the school board of the town district in which it is lo- cated, after such notice as the court may order, if it shall appear that the educational interests of the town dis- trict require such discontinuance or change. Any person interested in severing 72:1, laws part of any town therefrom and an- ISJtf. nexing it to another town, or school district therein, for school purposes, may apply therefor by petition to the selectmen of the town from which it SCHOOL DISTRICTS. 19 is proposed to sever such territory, and to the selectmen of the town to which it is proposed to annex the same. It shall be the duty of said select- 72:2, laws men, upon notice to such petitioners 1893. and to the school boards of the re- spective towns and school districts in- terested in the proposed transfer, to hear the parties, and determine whether the reasonable accommoda- tion of such petitioners or others re- quires such transfer, and to make re- turn of their findings to the clerks of their respective towns in writing within thirty days. If a majority of each of said boards 72:3, laws of selectmen report in favor of such 189 3. transfer, they shall sign a certificate of that fact, describing such terri- tory, and stating that it is annexed to such adjoining town, or district there- in for school purposes, which cer- tificate shall be recorded by the town clerk of each town. Any territory now or hereafter an- 72 . 4j lawg nexed for school purposes to an ad- igg's! joining town or school district there- in, may, upon proceedings such as have been prescribed in the foregoing sections of this act, be restored to the town or district from which it has been severed. The annexation of territory under 72:5> lawg this act shall have the same force and 189s! validity as if made by a special act of the legislature. The selectmen and collector of any 72 :6 laws town to which part of any other town 1893. is now or may hereafter be annexed for school purposes shall have the same powers and duties in respect to such annexed territory, of furnishing blank inventories and of assessing 20 SCHOOL LAWS. and collecting taxes for school pur- poses, and the inhabitants and own- ers thereof shall for such purposes be subject to the same liabilities, as if such territory were in the town to which it is or may be annexed. Section 6 of chapter 72 of the Ses- 72:6, laws sion Laws of 1893 shall not apply to 1893, as special districts, but only to town dis- f^aws* 1897 tricts, and all special taxes voted by said districts shall be assessed and collected in the same manner as they were assessed and collected prior to the enactment of said chapter 72. The selectmen of any town, and the I school board of any high school or amended by other special district in the same 75, laws 1895. town, may, upon petition of persons interested, after notice to the school board of the town school district of such town, and after hearing the par- ties, unite parts of either district to the other, a majority of the board of selectmen and a majority of the school board of such special district, and a majority of the school board of the town school district concurring therein, and their decision in writing being recorded on the town records. Summary of Chief Powers of District. 1. May raise money for general school purposes in addition to that required by law. 2. May raise money for buildings and lots. 3. May hire money for schoolhouse construction. 4. May establish high school. 5. May contract with other districts for maintenance of joint schools. SCHOOL DISTRICTS. 21 6. May contract with literary insti- tution for furnishing tuition. 7. May determine on what terms pupils from other districts may be admitted to its schools. 8. May locate schoolhouses, fix sal- aries of school board and tru- ant officers. 9. May raise money to purchase wagons. Some Things a District May Not Do. 1. Transcend any statutory require- ment. 2. Fix length of school year. 3. Fix salaries of teachers. 4. Establish and locate or discon- tinue common schools. III. Special meet- ing. 3IEETIXG6 AND OFFICERS OF SCHOOL DIS- TRICTS. Time r: an- A meeting of every school district p. S. 90:1. nu?i meeting, shall be holden annually between the first day of March and the twentieth day of April, inclusive, for the choice of district officers and the transac- tion of other district business. A special meeting of a school dis- p. s. 90:2. trict shall be holden whenever, in the opinion of the school board, there is occasion therefor, or whenever ten or more voters, or one sixth of the vot- ers of the district, shall have made written application to the school board therefor, setting forth the sub- ject-matter upon which action is de- sired. No village district or precinct, 121, laws school district, highway district, fire 1907 - district or other like subdivision of a W SCHOOL LAWS. town, shall raise or appropriate money at any special meeting of the inhabitants thereof, except by vote by ballot, nor unless the ballots cast at such meeting shall be equal in num- ber to at least one half of the num- ber of legal voters of such district at the regular meeting next preceding such special meeting; and if a check- list was used at the last preceding regular meeting, the same shall be used to ascertain the number of legal voters in said district; and such checklist, corrected according to law, may be used at such special meeting upon request of ten legal voters of the district. v Place of School-district meetings may be p. s. 90:3. meeting. held at the usual place where town meetings of the town are held, or at such other suitable place as in the opinion of the officers calling the meeting will best accommodate the voters. Warrant for They shall be warned by the school P. S. 90:4. meeting. board, or, in cases authorized by law, by a justice of the peace, by a war- rant addressed to the inhabitants of the district qualified to vote in dis- trict affairs, stating the time and place of the meeting and the subject- matter of the business to be acted upon. The officers issuing a warrant for a P. s. 90:5. district meeting shall insert therein any subject matter for which appli- cation has been made to them in writ- ing by ten or more voters, or by one sixth of the voters of the district. The school board or justice issuing p s j^.g a warrant shall cause an attested copy of it to be posted at the place of meeting, and a like copy at one other public place in the district, fourteen days before the day of meet- ing. SCHOOL DISTRICTS. 23 Qualification for voting. Check-list at school meet- ings. If the school board does not cause P. S. 90:7. a warrant for the annual meeting to be posted on or before the second Tuesday of March, in any year, or for a special meeting within ten days af- ter application therefor is made to them, a justice of the peace, upon ap- plication of ten or more voters, or of one sixth of the voters of the district, may issue such warrant and cause it to be posted. The warrant, with a certificate P. S. 90:8. thereon, verified by oath, stating the time and places when and where cop- ies of it were posted, shall be gven to the clerk of the district at or before the time of the meeting, and shall be recorded by him in the records of the district. Any person, whether male or fe- p. s. 90.9. male, but in all other respects except sex qualified to vote in town affairs, may vote at school-district meetings in the district in which such person has resided and had home three months next preceding the meeting. Upon petition of ten legal voters of p. s. 90:10. any district, presented in January, or if the district at its annual meeting shall have voted that a checklist be used at future meetings, the school board shall make, post, and correct a list of the legal voters in the district, as supervisors are required to do in regard to the list of voters in their towns; and such list shall be used and checked, at the election of officers and otherwise, at the annual meeting of the district, as in case of town meetings. [Section 10 was amended by chapter 97 j aws 1895 97 of Session Laws of 1895, as fol- lows: -SCHOOL LAWS. Penalty for illegal voting, Officers. That section 10 of chapter 90 of the Public Statutes shall not be applica- ble to any special school district in this state, unless a petition for a checklist shall be signed by five per- cent of the legal voters of the dis- trict.] If any person under the age of p. s. 90:11. twenty-one years, or any alien not naturalized, or any person who has not resided and had his home in the district for three months and in the town for six months preceding, shall yote in any district meeting, or if any person shall give in more than one vote for any officer voted for at the meeting, or if any person, being un- der examination before the school board as to his qualifications as a voter, shall give any false name or answer, he shall be fined not exceed- ing thirty dollars, or be imprisoned not exceeding three months. The officers of every school district P. S. 90:12. for which the law does not otherwise provide shall be a moderator, a clerk, a school board of three persons, a treasurer, and one or more auditors, and such other officers and agents as the voters may judge necessary for managing the district affairs. While any district maintains a high P. S. 90:13. school or unites with another district in maintaining one, it may have a school board consisting of three, six or nine members, as it shall deter- mine by vote or by-law. Whenever it ceases to maintain or to unite in maintaining a high school, it shall thereafterwards elect only one mem- ber to the school board each year to fill vacancies occurring from expira- tion of term of service, so that the board will decrease in numbers, year SCHOOL DISTRICTS. 25 Manner of election. Term of cers. by year, until it shall be composed of only three members. Eligibility to No person shall be eligible to any s - n , school-district office unless he is a 20 ' lt voter in the district. No person hold- ing office as a member of a school board shall at the same time act as district treasurer or auditor, nor shall any member of a school board be em- ployed as a teacher in his district. The moderator shall be chosen by p. s. 90:15, ballot, by a plurality vote; the clerk, as amended school board, and treasurer shall be 1^97 WS chosen by ballot, by a majority vote. The moderator, clerk, and school board shall be sworn. One third of the members of the P. S. 90: 16. school board shall be chosen each year to hold office for three years, and until their successors are chosen and qualified, and vacancies in the board shall be filled so as to preserve such succession in office. All other officers shall be chosen annually, and shall hold office for one year, and un- til their successors are chosen and qualified. The moderator shall have the like P. S. 90:17. power and duty as a moderator of a town meeting to conduct the business and to preserve order, and may ad- minister oaths to district officers and in the district business. In case of a vacancy or absence, a moderator pro tempore may be chosen. Clerk. The clerk shall keep a true record P. S. 90:18. of all the doings of each meeting; shall deliver to the selectmen of the town an attested copy of every vote to raise money within ten days after the meeting; shall make an attested copy of any record of the district for any person upon request and tender of legal fees therefor; shall act as Moderator. SCHOOL LAWS. moderator of any meeting until a moderator pro tempore shall be chosen, if the moderator is absent or the of- fice has become vacant; and shall have the same power to administer oaths which the moderator has. If the clerk is absent at any meeting, a clerk pro tempore shall be chosen. The clerk of every school district p - S. 90:19. shall, forthwith, after the election from time to time of members of the school board, report in writing their names and postoffice addresses to the town clerk of the town; and if he fails to do so, he shall be fined twenty dollars, one half for the use of the complainant and the other half for the use of the town. Treasurer. The treasurer shall, before enter- p. 3. 90:20. ing upon the duties of his office, give a bond with sufficient sureties to the district, To the acceptance of the school board, for the faithful per- formance of his official duties. The treasurer shall have the cus- p. g. 90:21. tody of all moneys belonging to the district, and, shall pay out the same only upon orders of the school board. He shall keep a fair and correct ac- count of all sums received into and paid from the district treasury. At the close of each fiscal year he shall make a report to the district, giving a particular account of all receipts and payments during the year. He shall furnish to the school board statements from his books, and sub- mit his books and vouchers to them and to the district auditors for exam- ination, whenever so requested. Auditors. The auditors shall carefully exam- P. S. 90:22. ine the accounts of the treasurer and school board at the close of each fis- cal year, and at other times whenever SCHOOL DISTRICTS. 27 Filling of va- cancies. District may require elec- tion or ap- pointment of superinten- dent. Evening schools. necessary, and report to the district whether the same are correctly cast and well vouched. The school board shall fill vacancies p. g. 90-23. occurring on the board, and in other district offices except that of modera- tor, until the next annual meeting- of the district. In case of vacancy of the entire membership of the board, or the remaining- members are unable to agree upon an appointment, the selectmen, upon application of one or more voters in the district, shall fill the vacancies so existing until the next annual meeting of the district. A school district may require the P. S. 90:24, school board to elect or appoint a su- J s amended perintendent of schools, who shall iJ 95 ' hold office for such term, be vested with such of the powers and charged with such of the duties of the school board, and be entitled to such com- pensation as it may provide; and such district may raise and appropriate money to pay the compensation. Upon petition of five percent of the 112 :l, laws legal voters of any city or town hav- 1901. ing more than five thousand inhabi*- tants, according to the latest United States census, said city or town shall establish and maintain, in addition to the schools required by the law to be maintained therein, evening schools for the instruction of persons over fourteen years of age in such branches of learning and art as the school board shall deem expedient. The school board of such cities and 112:2, laws towns shall have the same supeririten- 1901. dence over such evening schools as they have over other schools, and may determine the term or terms of time in each year and the hours of the evening during which such 28 SCHOOL LAWS. schools shall be kept, and may make such regulations as to attendance at such schools as they may deem ex- pedient. Nothing 1 contained in this act shall 112:3, lawa exempt any person from the require- 5 ments of chapter 93 of the Public Statutes. IV. SCHOOLHOUSES AND GROUNDS. Location. Power of building com- mittee. Grievance on account of location. School board may locate- when. Appeal. The district may decide upon the lo- p. 3. 91:1. cation of its schoolhouses, by vote or by a committee appointed for the purpose. No committee shall have power to P. S. 91:2. bind the district beyond the amount of money voted by it, and the district shall not be bound by any act, as a ratification of the doings of such com- mittee, beyond their authority, unless by express vote of the district. If ten or more voters of a district p. g. 91:3. are aggrieved by the location of a schoolhouse by the district or its committee, they may apply by peti- tion to the school board, who shall hear the parties interested and deter- mine the location. If the district does not agree upon p. s. 91:4. a location for a schoolhouse or upon a committee to locate the same, or if the same is not located by such com- mittee within thirty days after its appointment, the school board, upon petition of ten or more voters, shall determine the location. If ten or more voters of a scfiool P. S. 91:5. district are aggrieved by the location of a schoolhouse by the district or its committee, or by the school board, they may apply by petition to the SCHOOLHOUSES AND GROUNDS. 29 Compensation of commis- sioners. county commissioners within ten days after the making of the location, who shall hear the parties interested and determine the location. The chairman of the county com- p t s. 91:6. missioners shall appoint a time and place within the district for a hearing upon every such petition; and shall give notice thereof by causing at- tested copies of the petition and or- der of notice to be posted at two or more public places within the district and to be given in hand to, or left at the abode of, the clerk of the district and of one of the school board, four- teen days before the day of hearing. In such cases, vacancies in the P. S. 91:7. board of commissioners arising from disqualification of members or other- wise shall be filled in the same man- ner as like vacancies are filled in highway cases referred to them. The hearing shall be closed within p. g g^.g sixty days. The commissioners shall hear all parties interested who desire to be heard, and shall make their de- cision in writing and file it with the clerk of the district. The district shall take no steps to p. s. 91:9. carry into effect a former location while any subsequent proceedings au- thorized by law for a change thereof are pending. The commissioners shall be paid by p. s. 91.10. the district far their services the same fees as in highway cases. Dis- tricts are authorized to raise money for that purpose. The location of schoolhouses, how- P> s 91:llt ever made, shall be conclusive for the term of five years, unless an appeal therefrom shall be prosecuted as pro- vided in this chapter. 30 SCHOOL LAWS. Enlargement of school- house lot. Appraisal for land damages. Appeal from appraisal. Possession. The school board or county commis- p. s. 91:12. sioners may enlarge any existing schoolhouse lot so that it shall con- tain not exceeding one acre, upon such petition to them and proceed- ings thereon as are required to au- thorize them to determine the loca- tion for a schoolhouse. If any school district shall neglect P. S. 91:13. or refuse to procure the lot of land selected for the location of a school- house or for the enlargement of an existing schoolhouse lot, as provided in this chapter, or if the owner of the land shall refuse to sell the same to the district for a reasonable price, the selectmen, upon petition to them by the school board, or by three or more voters of the district, shall appraise the damages occasioned to the land owner by the taking of his land. The appraisal shall be made in writ- ing, and be filed with the clerk of the district. Any land owner aggrieved by such p. s. 91:14. appraisal of his damages may appeal therefrom to the supreme court by petition within sixty days after the appraisal is filed with the clerk of the district; and the procedure and reme- dies upon such appeal shall be the same as in appeals from the assess- ment of damages by selectmen in highway cases, except that service of papers shall be made upon the clerk of the district and one of the school board, instead of the town clerk and one of the selectmen, and except as provided in the following section. Upon payment or tender of the p. s. 91:15. damages awarded, the land shall vest in the district, and it may take pos- session of it. Such payment or ten- der may be made in accordance with SCHOOLHOUSES AND GROUNDS. 31 Selectmen may build, remove, etc. when. Schools shall be kept where. Use of school- houses for other pur- poses. the award of the selectmen before an appeal is taken, or while an appeal is pending-, and shall have like effect. In such case, if the damages are in- creased upon appeal the land owner shall have judgment for the excess; if decreased, the district shall have judgment for the amount of the de- crease. If the result of the appeal is to change the award of damages in favor of the land owner, he shall recover costs; otherwise, he shall pay costs. If a district shall refuse or neglect p. g. 91:16. to build, repair, remove, or fit up a schoolhouse, or shall refuse or neg- lect to build a schoolhouse upon or to remove it to the lot designated as aforesaid, the selectmen, upon peti- tion of three or more voters of the district, after hearing the parties, may assess upon the district and col- lect such sums of money as may be necessary, and therewith cause such schoolhouse to be built, removed, re- paired, or fitted up. The schools of a district shall be p. s. 91:17. kept in its schoolhouses, if it has suitable houses that will accommo- date the scholars; if not, the school board shall provide suitable accom- modations for the schools at the ex- pense of the district. A school district or a school board p. s. 91:18. thereof may grant the use of any schoolhouse in the district for a writ- ing or singing school, and for reli- gious and other meetings, whenever such use will not conflict with any regular school exercise. The person so using a schoolhouse shall be lia- ble for any damages to the same and to the property therein. 32 SCHOOL LAWS. lots in cities. Building, etc., in cities. Selection and The school board of cities shall 65:1, laws purchase of have sole power to select and pur- 1897. chase land for schoolhouse lots. When said board has secured, by vote of the city councils, an adequate appro- priation for the purchase of a speci- fied lot at a specified price, then said board may make the purchase. Xo schoolhouse shall be erected, 65:2, laws altered, remodeled, or changed in any 1897. city school district, unless the plans thereof have been previously sub- mitted to the school board of that district and received its approval, and all new schoolhouses shall be con- structed under the direction of a joint special committee, chosen in equal numbers by the city councils and the school board. Upon the completion of a new 65:3> j aws schoolhouse, the city councils shall, 1897.' by vote, transfer it to the care and control of the school board. When- ever a schoolhouse shall no longer be needed for public school purposes, the school board shall retransfer its care and control to the city. The provisions of the three preced- p5 . 4 lawg ing sections shall not apply to the 1897! Union School District of Concord, or to the Union School District in the city of Keene. Whenever any party, at a proper 44.^ laws time of the year, shall present to the 1897. selectmen of any town or ward, well- grown nursery trees of the nut, shade, or ornamental varieties, such selectmen may set out said trees in the highways, cemeteries, commons, schoolhouse yards, and other public places, as indicated by the donor of said trees, and protect the same at the expense of the town. Shade trees, etc. SCHOOLHOUSES AND GROUNDS. 33 Doors to open outwards. Fire-escapes on school- houses. Nothing in this act shall be con- strued to compel any party to have 189 ^' trees set in the highway on the side next his land without his consent. The outer doors and doors of pas- ^g ] aws sages leading outward, of churches 1909. hereafter built or rebuilt, school- houses containing more than two schoolrooms, and halls and other buildings used for public gatherings, shall open outward; and it shall be the duty of the selectmen of towns to see that these provisions are complied with, and to prosecute persons who neglect to do so. No building three or more stories 164:1, laws in height, any part of which is used 1909. or occupied above the second story as a hotel, transient lodging house, schoolhouse, orphan asylum, theatre, hall for public assembly or factory shall be let, leased or occupied for such purposes unless provided with a steel or wrought iron ladder or stair- way fire-escape attached to the outer wall and with platforms of like mate- rial of such size, shape and nearness to one or more windows of each story above the first or ground floor as to render access thereto easy and safe. If said building be of a length greater than one hundred and fifty feet it shall be provided with one additional such fire-escape for every additional one hundred and fifty feet or fractional part thereof. Provided that any other metal fire-escape may be so attached if approved by the building inspector, chief of the fire department or board of selectmen. The provisions of this section shall not apply to any such factory build- ing which shall be adequately equipped with fireproof stairways, SCHOOL LAWS. ' laws Barbed wire fences near schoolhouses. Nuisance in vicinity of schoolhouse. Saloons and schoolhouses. or other means of exit, duly approved in writing by said officers. Such fire- escapes shall reach within eight feet of the ground and the location of the exits thereto shall be designated by red lights during such hours of the night as the building is occupied for the purposes designated in section 1 of this act. If any person shall vio- 164; 3, laws late any of the provisions of this act, he shall be fined not exceeding five hundred dollars or imprisoned not exceeding six months, or both, and it shall be the duty of said officers to enforce the provisions of this act. If any owner or occupant of land P. s. 143:31. adjoining land occupied by a school dis- trict for school purposes erects, keeps or maintains any barbed wire fence to separate or divide such lands, he shall be fined not exceeding twenty- five dollars. The selectmen or school board shall p. s. 143:32. prosecute at the expense of the town or district, as the case may be, any violations of the preceding section. If any person shall use or occupy a P s . 108:15. building or place near a dwelling- house or schoolhouse, or in the com- pact part of a town, for a slaughter- house, a place of deposit of green pelts or skins, or for trying tallow, currying leather, or carrying on any other business that is offensive to the public, without the written permis- sion of the health officers of the town, he shall forfeit ten dollars for each month such building or place shall be so used or occupied, to be recovered for the use of the town. No license shall be granted for the 95^ traffic in liquor in any building which 1903. shall be on the same street or avenue within two hundred feet of a build- i aws SCHOOL BOARDS, TEACHERS, TRUANT OFFICERS. 35 ing occupied exclusively as a church or schoolhouse, the measurements to be taken in a straight line from the center of the nearest entrance to the building used for such church or school, to the center of the nearest entrance to the place in which the traffic in liquor is desired to be car- ried on, or in any location where the traffic shall be deemed by said board of license commissioners detrimental to the public welfare, provided, that this restriction shall not apply to hotels or drug stores used as such on the first day of January, 1903. V. SCHOOL BOARDS, TEACHERS AKD- TRUANT OFFICEBS. Provision of schools. Conveyance of scholars. Hiring of teachers. Repairs. The school board of every district P. S. 92:1. shall provide schools at such places within the district and at such times in each year as will best subserve the interests of education, and will give to all scholars of the district as near- ly equal advantages as may be practi- cable. They may use a portion of the school money, not exceeding twenty- five percent for the purpose of con- veying scholars to and from the -schools. [The district is empowered to raise money to buy wagons.] The school board shall select and hire suitable and competent teachers, shall provide necessary fuel, and shall make such occasional repairs of the schoolhouses and furniture as may be necessary, not exceeding in cost five percent of the school money. P. S. 92:2, as amended by 50, laws of 1895, and by laws of 1911. 36 SCHOOL LAWS. Dismissal of teachers. Teacher's right to hear- ing. Power of board to pre- scribe regula- tions. Studies to be prescribed. They may dismiss any teacher found by them to be immoral or incompe- tent or who shall not conform to reg- ulations prescribed; provided, hoivever, that no teacher shall be so dismissed before the expiration of the period for which said teacher was engaged without having previously been noti- fied of the cause of such dismissal, and provided further that no teacher shall be so dismissed without having previously been granted a full and fair hearing. The district shall be liable in the action of contract to any teacher dismissed in violation of the provi- sions of the preceding section to the extent of the full salary for the pe- riod for which such teacher was en- gaged. The school board may prescribe reg- ulations for the attendance upon, and for the management, studies, classifi- cation, and discipline of the schools; and such regulations, when recorded by the district clerk, and a copy thereof has been given to the teachers and read in the schools, shall be bind- ing upon scholars and teachers. They shall prescribe in all mixed schools and in all graded schools above primary, the studies of physiol- ogy and hygiene, having special ref- erence to the effects of alcoholic stim- ulants and of narcotics upon the hu- man system, and shall see that the studies so prescribed are thoroughly taught in said schools and that well approved text-books upon these sub- jects are furnished to teachers and scholars, and shall see that a well prescribed reading course dealing with the principle of the humane treatment of the lower animals shall P. S. 92:3, as amended by 59, laws 1905. P. S. 92:4, as amended by 59, laws 1905. P. S. 92:6, as amended by 40, laws 1895; 31, laws 1903; 49, laws 1909; and by laws of 1911. SCHOOL BOARDS, TEACHERS, TKUAKT OFFICERS. 37 be included in the ordinary instruc- tion in reading or otherwise, and that the constitution of the United States and of the state of New Hampshire be read aloud by the scholars at least once during the last year of the course below the high school, and may permit or prescribe the study of algebra, geometry, surveying, book- keeping, philosophy, chemistry, and natural history, or any of them, and other suitable studies. Free text- They shall purchase, at the expense p. s. 92:7, as books. of the city or town in which the dis- amended by trict is situated, text-books and other laws supplies required for use in the pub- lic schools; and shall loan the same to the pupils of such schools free of. charge, subject to such regulations for their care and custody as the school board may prescribe. They shall make provision for the sale of such books at cost to pupils of the school wishing to purchase them for their own use. [Text-books and supplies cannot legally be paid for out of school money. They are statutory requirements and the selectmen must assess enough, in addition to money re- quired by law and otherwise voted by the district, to cover the requirements of the scholars. It is the duty of the school board to purchase text-books and supplies, approve the bills and send the same to the district treasurer to be paid out of the money assessed by the selectmen for that purpose. If no money has been assessed, the district is liable to a suit at law by the party selling the books or supplies.] They shall They shall purchase at the expense P. S. 92: 8, as purchase and of the city or town in which the dis- amended by flaT 1 ^ U ' S ' trict is situated > a United States flag and flaws' of bunting not less than five feet in 1903. length with a flagstaff and appliances for displaying the same, for every schoolhouse in the district in which 38 SCHOOL LAWS. Certain bocks shall not be used. Patriotic ex- ercises. Holidays. Registers to be furnished. a public school is taught not other- wise supplied. They shall prescribe rules and regulations for the proper custody, care, and display of the flag; and whenever not otherwise dis- played, it shall be placed conspicu- ously in the principal room of the schoolhouse. Any members of a school board who shall refuse or neg- lect to comply with the provisions of this section shall be fined ten dollars for the first offense and twenty dol- lars for every subsequent offense. Not more than ten dollars shall be expended for the flag, flagstaff, and appliances for any one schoolhouse, and the school board shall have the same control over its preservation and display that it has over the other district property. [See remarks on text-books and supplies. The same ruling applies.] Xo book shall be introduced into the public schools calculated to favor any particular religious sect or politi- cal party. In all the public schools of the state one session during the week in which Memorial Day falls, or a portion thereof, shall be devoted to exercises of a patriotic nature. Thanksgiving Day and Fast Day, whenever appointed, Labor Day, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first day of January, and Christmas day shall be legal holidays, and when either of the last five days mentioned occurs on Sunday, the fol- lowing day shall be observed as a hol- iday. They shall furnish to every teacher one of the blank registers provided by the superintendent of public in- P. S. 92:9, as amended by 50, laws 1895. 14, laws 1897. 11, laws :S99, as amended by 7, laws 1907, and 98, laws 1909. P. S. 92:10. SCHOOL BOARDS, TEACHERS, TRUANT OFFICERS. 39 Teachers shall keep registers. Reports to be made to su- perintendent of public in- struction. Penalty for refusal or neglect. Penalty for neglect of duty. Boards to ap- point truant officers. District shall fix salaries of certain offi- cers. stmction, and shall visit and examine each school in their district at least twice in each term, once near the be- ginning and once near the close thereof. Every teacher shall make the en- tries in the register required by the superintendent of public instruction, and at the close of the term shall re- turn the register to the school board. Twenty dollars of the wages of every teacher shall be withheld until he has made such return. School boards shall on or before the fifteenth day of July in each year, send to the superintendent of public instruction copies of their annual re- ports and answers to the questions proposed by him, relating to the schools in their district; the school year shall begin with the fall term. Any member of a school board who shall neglect or refuse to comply with the provisions of the preceding sec- tion shall be fined not exceeding fifty dollars. If any public officer willfully neg- lects any duty of his office, and no penalty is prescribed by statute for such neglect, he shall forfeit a sum not exceeding thirty dollars. School boards shall appoint truant officers for their districts. Truant officers shall hold office for one year, and until their successors shall be appointed, but they may be removed by the school board at any time for cause. At its annual meeting each school district shall determine and appoint the salaries of its school board and truant officer or officers, and the dis- trict clerk shall certify the same to the selectmen. P. S. 92:11. P. S. 92:13, as amended by 50, laws 1895, and 5, laws 1903. P. S. 92:14. P. S. 255:14. P. S. 92:15, as amended by 70, laws P. S. 92:16. 22:1 laws 1909. 40 SCHOOL LAWS. Selectmen The selectmen shall annually assess ess - upon the polls and ratable estate of the district a sum equal to the amounts determined by the district as prescribed in section 1 and shall pay over the same to the district treas- urer. The district treasurer shall pay to the school board the salaries afore- said and he shall likewise pay the truant officer upon the order of the school board, they certifying that he has performed the duties required of him by law. [Truant officers cannot legally be paid out of school money.] Duties of tru- Truant officers shall, under the di- ant officers. rection of the school board, enforce the laws and regulations relating to truants and children between the ages of eight and sixteen years not attending school, and without any regular and lawful occupation; and the laws relating to the attendance at school of children between the ages of eight and sixteen years. Truant officers shall, if required by the school board, enforce the laws prohibiting the employment of chil- dren in manufacturing, mechanical, or mercantile establishments, who have not attended school the prescribed time; and for this purpose they may, when so authorized and required by vote of the school board, visit the manufacturing, mechanical, and mef- cantile establishments in their respec- tive cities and towns, and ascertain whether any children under the age of sixteen are employed therein con- trary to the provisions of law, and they shall report any cases of such illegal employment to the school board; and the truant officers, when 22:2, laws 1909. 22:3, laws 1909. P. S. 92:17, as amended by 70, laws P. S. 92:18, as amended by 70, laws 1899. SCHOOL BOAEDS, TEACHERS, TRUANT OFFICERS. 41 authorized as aforesaid, may demand the names of all children under six- teen years of age employed in such manufacturing 1 , mechanical, and mer- cantile establishments, and may re- quire that the certificates and lists of such children provided for by law shall be produced for their inspection. Truant officers shall inquire into the employment, otherwise than in such manufacturing 1 , mechanical, and mer- cantile establishments, of children under the age of sixteen years, dur- ing the hours when the public schools are in session, and maj' require that the certificates of all children under sixteen shall be produced for their inspection; and any such officer may bring a prosecution against a person or corporation employing any such child otherwise than as aforesaid, during the hours when the public schools are in session, contrary to the provisions of law. A refusal or failure on the part of an employer of children under sixteen years of age to produce the certificate required by law, when requested by a truant officer, shall be prima facie evidence of the illegal employment of the child whose certificate is not pro- duced. Truant officers shall have authority without a warrant to take and place in school any children found em- ployed contrary to the laws relating to the employment of children or vio- lating the laws relating to the com- pulsory attendance at school of chil- dren between the ages of six and six- teen years. Enumeration Truant officers or agents appointed 46, laws 1895, of children. by school boards of cities and towns J 9^ laws shall annually, in the month of Sep- 1905. ' 42 SCHOOL LAWS. Compensation of school- board. School day and week. tember, make an enumeration of the children of each sex, between the ages of five and sixteen years, in their town or city, giving such items in re- gard to each child as may be required by the school board or the state su- perintendent of public instruction, and shall make a report to the school board thereof within fifteen days af- ter the completion. Section 14, chapter 43, Public Stat- 46:2, laws utes, and any other acts inconsistent 3895. with this act are hereby repealed. At its annual meeting each school district shall determine and appoint the salaries of its school board and truant officer or officers, and the dis- trict clerk shall certify the same to the selectmen. The selectmen shall annually assess 22, laws 1909 - upon the polls and ratable estate of the district a sum equal to amounts determined by the district as pre- scribed in section 1 and shall pay over the same to the district treasurer. The district treasurer shall pay to the school board the salaries afore- said and he shall likewise pay the truant officer upon the order of the school board, they certifying that he has performed the duties required of him by law. [Salaries of school boards cannot legally be paid out of school money.] In the absence of express contract, p. s. 92:20. a session of three hours in the fore- noon and three hours in the after- noon shall constitute a school day, five such days a school week, and four such weeks a school month, in the public schools. SCHOOL BrARDS, TEACHERS, TRUANT OFFICERS. 43 Teachers may attend insti- tutes. Evening schools. Boards to superintend evening schools. Examination and certifica- tion of teach- ers by super- intendent of public in- struction. Teachers of public schools may at- tend teachers' institutes held within the state, as provided by law, not ex- ceeding one day in any. term, and the time so spent shall be regarded as spent in the service of the district. Upon petition of five percent of the legal voters of any city or town hav- ing more than five thousand inhab- itants, according to the latest United States census, said city or town shall establish and maintain, in addition to the schools required by law to be maintained therein, evening schools for the instruction of persons over fourteen years of age in such branches of learning and art as the school board shall deem expedient. The school board of such cities and towns shall have the same superin- tendence over such evening schools as they have over other schools, and may determine the term or terms of time in each year and the hours of the evening during which such schools shall be kept, and may make such reg- ulations as to attendance at such schools as they may deem expedient. Nothing contained in this act shall exempt any person from the require- ments of chapter 93 of the Public Statutes. The superintendent of public in- struction shall cause to be held, at such convenient times and places as he may from time to time designate, public examinations of candidates for the position of teacher in the public schools of the state. Such examina- tions shall test the professional as well as the scholastic abilities of can- didates, and shall be conducted by such persons and in such manner as the superintendent of public instruc- P. S. 92:21, as amended by 29, laws 1903, and 28, laws 1909. 112:1, laws 1901. 112:2, laws 1901. 112:3, laws 1901. 49:1, laws 1895. 44 SCHOOL LAWS. tion may from time to time desig- nate. Due notice of the time, place, and other conditions of the exami- nations shall be given in such public manner as the superintendent of pub- lic instruction may determine. A certificate of ^qualifications shall 49:2, laws be given to all candidates who pass 1895- satisfactory examinations in such branches as are required by law to be taught, and who in other respects ful- fill the requirements of the superin- tendent; such certificate shall be either probationary, or permanent, and shall indicate the grade of school for which the person named in the certificate is qualified to teach. The superintendent of public in- Laws of 1911. struction may issue, without the re- quirement of examination provided herein, a certificate of qualifications to any person who has served as a teacher in the public schools of the state for a term of three school years when, in his judgment, the education- al interests of the state will be served by such action. A list of approved candidates shall 49:3, laws be kept in the office of the depart- 1895. ment of public instruction and copies of the same, with such information as may be desired, shall be sent to school committees upon their request. A sum not exceeding three hundred 4g . 5 laws dollars may be annually expended 189s! from the income of institute fund for the necessary and contingent ex- penses of carrying out the provisions of this act. SCHOLARS. VI. SCHOLARS. None shall attend with- out consent of board. Vaccination. Infectious diseases. Penalty. Dismissal for misconduct. Scholars shall attend where assigned. No person shall attend school, or P. S. 93:1. send a scholar to the school, in any district of which he is not an inhabi- tant, without the consent of the dis- trict or of the school board. No child shall attend any public, P. S. 93:2, as parochial, or private school unless he amended by has been vaccinated or has had the &n ' d ^o^iawo smallpox, and this section shall be en- 1909. forced by the board of health, except in the case of a child who has sub- mitted to the process of vaccination not less than three times, or who holds the certificate of the local board of health that he is an unfit subject for vaccination. Said board of health shall issue such certificate upon the advice of a registered physician ap- proved by said board of health. No parent or guardian, person or ig^ laws persons having the custody of any I90l! child, shall permit such child, if in- fected with any communicable disease, or has been exposed to such, to at- tend any public or private school. Any person who knowingly violates 16:9, laws any provision of this chapter, or any 1901. regulation established by authority of this chapter, shall be punished by a fine of ten dollars for each offense. Any scholar may be dismissed from p s 93:3 school by the school board for gross misconduct, or for neglect or refusal to conform to the reasonable rules of the school; and he shall not attend the school until restored by the school board. No scholar who shall have been as- p. s. 93:4. signed to a particular school by the school board shall attend any other SCHOOL LAWS. school in the district until assigned thereto. Penalty. If any scholar, after notice, shall P. s. 93:5. attend or visit a school which he has no right to attend, or shall interrupt or disturb the same, he shall be fined for the first offense five dollars, and for any subsequent offense ten dol- lars, or be imprisoned not exceeding thirty days. District by- Districts may make by-laws, not re- laws concern- pugnant to law, concerning habitual ing truants. truants and children between the ages of six and sixteen years not attending school and not having a regular and lawful occupation, and to compel the attendance of such children at school, and may annex penalties for the breach thereof not exceeding ten dollars for each of- fense. [The department will furnish an article drawn by the attorney-general for insertion in the school warrant upon application.] Any offender against such by-laws, p. s. 93:7. upon conviction, may be sentenced to pay a fine and to be committed to the Industrial School until it is paid or he is otherwise discharged, or he may be sentenced to the Industrial School for a term not exceeding one year. The court or justice imposing a fine p g 90.9 upon any such offender may remit it upon proof that he is unable to pay it, and has no parent, guardian, or person chargeable with his support, able to pay it, and may discharge him from the Industrial School if he has been committed there for nonpay- ment thereof. Any such offender so convicted may p. s. 93:9. give bond to the district in the penal sum of twenty-five dollars, with suffi- Offense against by- laws. SCHOLARS. 47 cient sureties, approved by the court or justice before whom he was con- victed, conditioned to attend regu- larly some school kept in the district for one term next ensuing, to comply with the regulations thereof, and to be obedient and respectful to the teacher; and his fine may thereupon be remitted by such court or justice upon payment of the costs. Prohibited K"o child under the age of twelve Laws of 1911. employment. shall be employed, or permitted or suffered to work, in, about, or in Connection with, any mill, factory, workshop, quarrj r , mercantile estab- lishment, tenement house, manufac- tory or workshop, store, business office, telegraph or telephone office, restaurant, bakery, hotel, barber- shop, apartment house, bootblack stand or parlor, or in the distribution or transmission of merchandise or messages: nor shall any child under the age of fourteen be employed, or permitted or suffered to work, in any of the aforesaid while the public schools are in session in the district in which he resides. No child under the age of sixteen shall be employed, or permitted or suffered to work, in any establish- ment named in above section during the time in which the public schools are in session in the district in which he resides, unless he can read understandingly and write leg- ibly simple sentences in the English language: provided, hoivcver, that if any child shall have reached the age of fourteen and shall have attended an English-taught school regularly for not less than three years and shall then be deemed by the superinten- dent of schools, or other person an- 48 SCHOOL LAWS. thorized to grant employment certifi- cates, to be mentally incapable of learning to read and write legibly the English language in the regular schools, the case may be referred to the state superintendent of public in- struction, who after investigation either by himself or by his agent, may issue a permit authorizing the employment of such child even though such child may be unable to read understandingly and write legi- bly simple sentences in the English language. Whenever requested by the super- intendent of public instruction, the State Board of Health shall cause to be made an inspection of any fac- tory or other place in which children under the age of sixteen are em- ployed, and may require the dis- charge of any child or children found employed therein who by reason of physical condition, of unsanitary con- ditions of employment, or of develop- ment below the normal development of children of that age, cannot in their judgment continue to be em- ployed without undue risk to health. Xo boy under ten and no girl un- der sixteen years of age shall sell or expose or offer for sale news- papers, magazines, periodicals or other merchandise in any street or public place. Xo child shall work as a bootblack in any street or public place unless he is over ten years of age. Hours of ^*o person under the age of eigh- labor. teen years shall be employed or permitted to work as a messenger for a telegraph, telephone, or mes- senger company in the distribution, transmission, or delivery of goods or SCHOLARS. 49 messages before five o'clock in the morning or after ten o'clock in the evening of any day. No boy under the age of sixteen years, and no girl under the age of eighteen years, shall be employed, or permitted or suffered to work, at any gainful occupation, other than domes- tic service or work on a farm, more than fifty-eight hours in any one week, nor more than eleven hours in any one day; nor before the hour of half past six o'clock in the morning, nor after the hour of seven o'clock in the evening, except that minors six- teen years of age or over may work in retail stores and telephone ex- changes until ten o'clock in the even- ing. Certificates. No child under sixteen years of age shall be employed, or permitted or suffered to work, in, about, or in con- nection with, any place or establish- ment named in section 1, unless the person, firm, or corporation employ- ing such child, procures and keeps on file, and accessible to any truant officer, or other authorized inspector, an employment certificate as herein- after prescribed. On the termination of the employ- ment of a child whose employment certificate is on file, such certificate shall be kept by the employer and surrendered to any authorized inspec- tor on demand. An employment certificate shall be issued only by the superintendent of schools, or where there is no superintendent, by a person author- ized by the school board, provided, however, that no person authorized as aforesaid shall have authority to is- sue such certificate for any child 50 SCHOOL LAWS. then in or about to enter such per- son's own employment, or the em- ployment of a firm or corporation of which he is a member, officer or em- ployee: in the city of Manchester the provisions of Chapter 205 of the Ses- 3ion Laws of 1905 shall remain in force, but the person appointed under such provisions shall be subject to the terms of this act. The person authorized to issue an employment certificate shall not issue such certificate until he has received, examined, approved and filed the fol- lowing- papers duly executed: (1) The school record of such child properly filled out and signed, as pro- vided in this act. (2) A passport or duly attested transcript of the certificate of birth or baptism or public record, showing the date and place of birth of such child. (3) A certificate from a medical of- ficer of the local board of health, or from a physician designated by the school board, certifying that the child has reached the normal develop- ment of a child of his age, and that he is in sufficiently sound health and physically able to perform the work which he intends to do. Xo employment certificate shall be issued until the child in question has personally appeared before and been examined by the person issuing the certificate. Every such employment certificate shall state the name, sex, and date and place of birth, of the child, shall describe the color of hair and eyes, the height and weight and any distinguishing facial marks of such child; that all papers required SCHOLARS. 51 by the preceding sections have been duly examined, approved and filed; that the child named in the certificate has appeared before the person sign- ing the same and been examined: and that such child has been found to be able to read understandingly and write legibly simple sentences in the English language. Every such certificate shall be signed, in the presence of the person issuing the same, by the child in whose name it is issued, and shall show the date of its issue. The school record required by this act shall be signed by the principal or chief executive officer of the school which the child has attended, and shall be furnished on demand to a child entitled thereto. Such record shall certify that the child has regularly attended the pub- lic schools, or private schools law- fully approved as such, for not less than three hundred half-days, as shown by the school register, during the year previous to his arriving at the age of fourteen, or during the year previous to applying for such school record, and that he is able to read understandingly and write legibly simple sentences in the Eng- lish language. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of his parent, guardian or cus- todian. The superintendent of schools or other person authorized to issue em- ployment certificates shall keep a rec- ord of the same in a book. Such record shall contain a list of the names of all children to whom certifi- 52 SCHOOL LAWS. cates are granted, numbered consecu- tively, together with the date of is- sue and the signature of the officer issuing the certificate, and such books shall be carefully preserved. All blank forms for records used in the enforcement and administra- tion of this act shall be uniform throughout the state, shall be pre- scribed by the superintendent of pub- lic instruction, .and shall be furnished by the state, and methods of keeping the same shall be approved by him as being within the contemplation of this act. Enforcement. The truant officer of each school district shall visit, inspect, and cause to be enforced the provisions of this act in his district, and for this pur- pose shall have power to serve war- rants. The superintendent of public in- struction shall appoint not exceeding three state inspectors, who shall be paid their necessary expenses and such compensation as the governor and council shall determine, not ex- ceeding $1,200 per annum each, and who shall devote their whole time to their work. The state inspectors, under the di- rection of the superintendent of public instruction, shall inspect all factories and other places of employ- ment within the contemplation of this act and all records and methods of enforcement. They shall have the same power as to enforcement and the serving of warrants as the sev- eral truant officers. The superintendent of public in- struction, with the approval of the at- torney-general, may employ counsel, and provide legal assistance, wher- SCHOLARS. 53 ever the same may, in his opinion, be necessary for the enforcement of the provisions of this act, and the cost thereof shall be a charge upon the appropriation hereinafter pro- vided. The superintendent of public in- struction shall frequently report to the chairman of the several school boards the relative efficiency of the several truant officers. The governor with the advice and consent of the council may require school boards to appoint additional truant officers if in their judgment such additional officers are necessary. The governor with the advice and consent of the council may require the school board of any school dis- trict to remove any truant officer found by them to be incompetent, and to appoint a competent successor, and upon the failure or neglect of the school board to do so, they may appoint such truant officer and fix his compensation, and such compensation shall be paid by the district. Children ap- An inspector or truant officer shall parently un- make demand upon any employer in der sixteen. Qr about w hose place or establish- ment a child apparently under the age of sixteen years is employed, or permitted or suffered to work, and whose employment certificate is not filed as required by this act, that such employer shall either furnish him within ten days satisfactory evidence that such child is in fact over six- teen years of age, or shall cease to employ, or permit, or suffer such child to work, in such place or estab- lishment. The inspector shall require from such employer the same evi- dence of age, of such child as is re- 54 SCHOOL LAWS. quired in the issuance of an employ- ment certificate, and the employer furnishing such evidence shall not be required to furnish any further evi- dence of the age of the child. Penalties. Whoever employs any child, and whoever, having under his control as parent, guardian or otherwise, any child, permits or suffers such child to be employed or to work in viola- tion of any of the provisions of this act, shall be fined not less than five nor more than two hundred dollars, or be imprisoned for not less than ten nor more than thirty days, or both, in the discretion of the court. Whoever continues to employ any child in violation of any of the pro- visions of this act, after being noti- fied thereof by an inspector, or tru- ant officer, shall for every day there- after that such employment contin- ues, be fined not less than five nor more than twenty dollars. Any person authorized to sign any certificate or paper called for by this act, who certifies to any materially false statement therein, shall be fined not less than five nor more than two hundred dollars, or be imprisoned for not less than five nor more than thirty days, or both, in the discretion of the court. Refusal by an employer to produce any employment certificate required by this act shall be prima fac-ir evi- dence of the illegal employment of any child whose employment certifi- cate is not produced. Any superintendent of schools or other person issuing employment cer- tificates, who fails to comply with the provisions of this act shall be fined not less than five nor more than twenty-five dollars. SCHOLARS. 55 The sum of six thousand five hun- dred dollars annually is appropriated for the purposes of this act. Persons hav- Every person having 1 the custody p s 93-14 ing custody of and control of a child between the as amended caus d eThe U *o ages of eight and fourteen years, or g^'^wa attend school, of a child under the age ot sixteen 1903,' and laws years, who cannot read at sight and of 1911. write legible, simple sentences in the English language, residing in a school district in which a public school is annually taught, shall cause such child to attend the public school all the time such school is in session, unless the child shall be excused by the school board of the district be- cause his physical or mental condi- tion is such as to prevent his atten- dance at school for the period re- quired, or because he was instructed in the English language in a private school approved by the school board for a number of weeks equal to that in which the public schools were in ses- sion in the common English branches, or, having acquired those branches, in other more advanced studies. Any person who does not comply with the requirements of this section shall be fined ten dollars for the first offense and twenty dollars for every subse- quent offense, for the use of the dis- trict; "provided, however, that any per- son having the custody and control of a child may apply to the state su- perintendent of public instruction for relief whenever such person deems it to be against the moral or physical welfare of such child to attend the particular school required by law, and thereupon, after notice to the school board of the district in which such child is required to attend school, the state superintendent of public in- 56 SCHOOL LAWS. Superinten- dent of public instruction to have same powers as truant offi- cers. Copies of law to be sent to offenders. Penalty for interrupting school. struction may order such child to at- tend another school in the same dis- trict if such school is available; may order such child to attend school in another district, in which case the district in which such child resides shall pay to the district in which such child attends school tuition not to ex- ceed the average cost per child of in- struction for the regularly employed teachers and the cost of text-books, supplies and apparatus for such time as such attendance shall continue; may permit such child to withdraw from school attendance for such time as he may deem necessary or proper; or make such other order or orders with respect to the attendance of such child at school as in his judg- ment the circumstances require." The state superintendent of public P. S. 93:15, instruction shall have authority to enforce the laws relating to atten- dance at school and the employment of minors, and, for this purpose, he and any deputy appointed by him shall be vested with the powers given by law to truant officers when author- ized by school boards to enforce the laws relating to attendance at school and the employment of children. And the expenses necessarily incurred by the state superintendent in such en- forcement shall be paid as audited and allowed by the governor and council. The school board of every district shall cause a copy of the two preced- ing sections to be sent to every per- son who they have reason to believe does not comply with the require- ments of section 1 of this chapter. Any person, not a scholar, who P. S. 93:17. shall wilfully interrupt or disturb any 1901. p. s. 93:16. SUPERINTENDENT OF PUBLIC INSTRUCTION. 57 School board must prose- cute offenders. Limitation of prosecution. Private schools must be approved. school shall be punished by a fine not exceeding- fifty dollars, or by im- prisonment not exceeding- thirty days. It shall be the duty of the school p < g 93:13. board to prosecute offenders for vio- lations of the provisions of this chap- ter. If they neglect to perform this duty they shall forfeit twenty dollars for each neglect, for the use of the district, to be recovered in the name of the district by the selectmen of the town. All necessary expenses in- curred in such proceedings shall be paid by the district. No prosecution under this chapter P. S. 93:19. shall be sustained unless begun with- in one year after the offense is com- mitted. No certificate as provided in the p. s. 93:20, foregoing sections shall be issued for enacted by 62, attendance at any private school, un- Iaws : less such school shall have previously been approved by the school board of the district in which it is situated as furnishing instruction in the Eng- lish language in all the studies re- quired by law equal to that given in the public schools of said district, and unless the record of attendance shall be kept in the form required of the public schools, and be open to the Inspection of the school board of the district at all times. VII. 'OF PUBLIC INSTRUC- TION. Appointment. The governor, with the advice of P> s% 94:h council, shall appoint a superinten- dent of public instruction, who shall hold office for the term of two years, and shall have general supervision 58 SCHOOL LAWS. and control of the educational inter- ests of the state. Duties. The superintendent of public in- P. S. 94:2, as struction shall prescribe the form of g?"^* by register to be kept in the schools, 1^95 ^nd 33 and the form of blanks and inquiries laws 1903. for the returns to be made by the school boards, and shall seasonably send the same to the clerks of the several towns and cities for the use of the school boards therein; he shall receive, preserve, or distribute all state documents in regard to pub- lic schools or education, and shall re- ceive and arrange in his office reports and returns of school boards; he shall investigate the condition and efficiency of the system of popular education in the state, especially in relation to the amount and character of the instruction given to the study of physiology and hygiene, having special reference to the effects of al- coholic stimulants and of narcotics upon the human system, and shall recommend to school boards what he considers the best text-books upon those subjects and suggest to them the best mode of teaching them, and shall pursue such a course for the purpose of awakening and guiding public sentiment in relation thereto as may seem to him best, and he shall biennially make a report, containing a concise abstract of the returns of the school boards, a detailed report of his own doings, a statement of the condition and progress of popular ed- ucation in the state, and such sugges- tions and recommendations in regard to improving the same as his infor- mation and judgment may dictate. He shall have authority at the close of each biennial session of the legis- SUPERINTENDENT OF PUBLIC INSTRUCTION. 59 Institutes. Institute fund. Expenses of institute. lature to compile and issue at the ex- pense of the state an edition of the school laws with the session amend- ments, not exceeding two thousand copies. He shall visit and lecture upon edu- P. s - 9 4:3 - cational subjects in as many towns and cities of the state during the term of his office as the time occupied by his other official duties will per- mit. He shall organize, superintend, p. s. 94:4. and hold at least one teachers' insti- tute each year in each county of the state, and appoint the time and place, and make suitable arrangements therefor. In case he is unable for any cause P. S. 94:5. to conduct in person any institute, or to make the necessary arrangements therefor, he shall appoint the princi- pal of the state normal school, or some other suitable person, for that purpose. The state treasurer is authorized p. s. 94:6. and instructed to invest, as a perma- nent institute fund, the proceeds of the sale of the state lands effected under the authority of a joint reso- lution approved June 28, 1867, and the annual income thereof is set apart for the support of teachers' insti- tutes. The superintendent of public in- p. s. 94:7. struction may draw upon the state treasurer each year for such part of said income as may be required to defray the necessary expenses of the institutes, and for procuring suitable instruction and lectures for the same. His account for the expenses of p. s. 94:8. the institutes shall be audited each year by the governor and council, and he shall incorporate in his annual 60 SCHOOL LAWS. report a report of the institutes and of the expenses of the same. Copy of re- He shall forward to the chairman of P. S. 94-9. ports to be every school board in the state a copy boards . S< of each of his annual reports. Traveling ex- The traveling expenses necessarily P. S. 94:11, penses. incurred by the superintendent of *t ^^^ public instruction in the performance of the regular duties of his office shall be paid as audited and allowed by the governor and council, not to exceed one hundred and fifty dollars ($150) in any one year. 5 g las ' VIII. NORMAL SCHOOLS. Establish- ment. Trustees. Officers of board of trustees. Plymouth. The New Hampshire State Xormal p. s. 95:1. School, as heretofore established and located, is continued. The instruc- tion in the school shall be confined to such branches as will specially pre- pare the pupils to teach in the public schools, and to such other branches as are usually taught in nor- mal schools. The school shall be in session at least twenty weeks in each year. The management of the school p. 3. 95:2, shall be vested in a board of trustees as amended composed of the governor, the super- Jgj g 3 laws intendent of public instruction, and five other persons who shall be ap- pointed by the governor, with the advice of the council, and shall hold office for five years, one of whom shall be appointed each year. The board shall choose from its p g. 95.3. members a president and secretary, and such committees and other offi- cers as may be necessary to transact NORMAL SCHOOLS. 61 Teachers. Courses of Examina- tions, admis- sion and graduation. Tuition free upon certain conditions. Support. Teachers at institutes. its business, and may choose a treas- urer who is not a member of the board. They shall meet at least once each year and shall receive no com- pensation for services, but shall be paid their reasonable expenses while engaged in the performance of their duties. 'They shall select anjd employ a P. S. 95:4. principal teacher for the school, who shall be allowed, with their advice and consent, to select the assistants, and provide for the discipline of the school. The trustees, with the principal, P. S. 95:5. shall arrange courses of study for the school. The trustees and principal shall P. S. 95:6. prescribe and control the examina- tions for the admission and gradua- tion of pupils, and they shall grant certificates of graduation to such as complete either course and pass the required examinations. Tuition and graduation shall be p. s. 95:7. free to all those completing either course of study who will agree to teach in the public schools of this state for a period equal to the length of such course. The trustees shall make such provisions as may be necessary to effect the purposes of this section. The sum of twenty-five thousand P S- 9 5:8) dollars is annually appropriated for as amended the maintenance of the school, to be ^59, laws expended as the trustees shall direct. The principal and teachers of the P. S. 95:9. State Normal School shall assist and give instruction at teachers' insti- tutes, so far as they can without in- terfering with their,, duties in the normal school, but they shall receive no additional compensation, except 62 SCHOOL LAWS. Duties of superinten- dent of public instruction in connection with school. for travel and other actual and neces- sary expenses while so employed. The superintendent of public in- struction, in his annual report, shall state the condition of the school, the terms of admission and graduation, the times of the commencement and close of the sessions, and shall cause the same to be printed on the cover of the school register. Keene. P. S. 95:10. Establish- ment Keene Normal School. Contract with city of Keene. On or before May 1, 1909, the gov- 157 :1, laws ernor and council and the board of 19 9. trustees of the State Normal School shall organize as a joint board for the location and establishment of a normal school in Keene. Said board is hereby authorized to 1S7 . 9 , . . loi ., laws receive aid in money, property or 1909. other valuable effects, for the bene- fit of said school from any and all individuals or municipal or other cor- porations. Said board is authorized to purchase or acquire such lands as it may deem best, consistent with the amount or means appropriated or otherwise obtained for such purposes. And in the purchase or acquisition of lands and the buildings thereon, if any, said board is authorized and di- rected to procure a good and suita- ble deed of conveyance in the name of the state and a proper instrument of sale of all such library, school furni- ture and apparatus therein as may be acquired. Xo money shall be expended under 157 . 3 laws the provisions of this act until the 1909.' union school district in said city shall have agreed in writing through its duly authorized officials with" the duly authorized officials acting for the NORMAL SCHOOLS. 63 Appropriation for establish- ment. Government. Contracts with towns other than Plymouth cr Keene. state, to cooperate with said school in the maintenance of model and prac- tice schools, for a term of years, in such manner as shall meet with the approval of said trustees, and said district is hereby authorized to enter into such contract. A sum not to exceed ten thousand 157:4, laws dollars ($10,000) is hereby appropri- 1909. ated for the purposes of sections 1 and 2 of this act and the governor is hereby authorized to draw his war- rant for all or any part of said amount upon any moneys in the treasury not otherwise appropriated, said sum to be used in connection with any other money or moneys that may be secured from any other source for the aforementioned pur- poses. Said school when established shall 157:5, laws be under the direction of the board of 19 9' trustees of the state normal school now established, and said board shall be styled The Board of Trustees of the New Hampshire Normal Schools. All provisions of chapter 95 of the Public Statutes and the amendments thereto, not inconsistent herewith, re- lating 1 to the organization, govern- ment and maintenance of the normal school mentioned therein and all the duties imposed or prescribed thereby for the trustees, teachers or pupils and the superintendent of public in- struction shall apply to and be ob- served in the organization, govern- ment and maintenance of the normal school established under this act. The Board of Trustees of the New 157:6, laws Hampshire Normal Schools is hereby 1909 authorized to contract with any city or town in the vicinity of either of the normal schools for the mainte- Maintenance. SCHOOL LAWS. nance of practice schools tnerein in connection with said normal schools and may provide for the payment of such portion of the compensation of the supervising teachers employed in said practice schools as they may deem just and equitable. Any city or town is hereby author- 157:7( lawg ized to enter into such contract as is 1009.' provided by either section 3 or sec- tion 6 of this act; also any city or town is authorized to make such gifts as it may determine for the establish- ment or maintenance of said school. [The sums of seventeen thousand 157:8, laws and fifty dollars ($17,050) and nineteen ]90&> thousand eight hundred and fifty dol- lars ($19,850) are hereby appropriated for the support and maintenance of said school for each school year be- ginning with the school year opening in September, 1911 and 1912 respec- tively.] IX. HIGH SCHOOLS. Districts may Any school district may, by vote or P s 89:9 high by-law, establish and maintain a high school in which the higher English branches of education and the Latin, Greek, and modern languages may be taught. No high school established by a 20, laws 1905. vote of a town shall be discontinued, or the location thereof be changed, except by the superior court, on peti- tion of the school board of the town district in which it is located, after such notice as the court may order, if it shall appear that the educational interests of the town district require such discontinuance or change. schools. Discontinu- ance of such schools. HIGH SCHOOLS. 65 Town must maintain. Adjoining dis- tricts may make con- tracts for establishing joint high school. Districts may contract for tuition. High schools in dissolved special dis- tricts. It shall be the duty of any town in 72, laws 1905. which there is a high school, estab- lished by vote of the town, to raise and appropriate each year sufficient money to properly maintain such school. Two or more adjoining districts in p. g. g9;io. the same or different towns may make contracts with each other for establishing and maintaining jointly a high or other public school for the benefit of their scholars, and may raise and appropriate money to carry the contracts into effect; and their school boards, acting jointly or other- wise, shall have such authority and perform such duties in relation to schools so maintained as may be pro- vided for in the contracts. Any school district may contract p. g. 89:10. with an academy, seminary, or other literary institution located within its limits or in its immediate vicinity, for furnishing instruction to its schol- ars; and the school money may be used to carry the contract into effect. [Contracts made with institutions situated outside the state are not deemed valid except in the instances specified below.] Whenever any school district organ- 64:1, laws ized under a special act of the legisla- *8>L ture shall vote to abolish such dis- trict and to unite with the town dis- trict, if said town district shall vote to receive said special district, if said special district has for the five years next preceding such vote maintained a high school, it shall be incumbent on the town district with which it unites to thereafter keep and main- tain within the limits of said special district a high school for' at least thirty-four weeks in each year, and of equal grade to that which had been 66 SCHOOL LAWS'. Towns must maintain such schools. Discontinu- ance of such schools. Penalty. Towns not maintaining high schools must pay tui- tion. previously maintained therein by- such special district, said high school to be open to all scholars in the town district, of suitable age and qualifica- tions. It shall be the duty of said town 64:2, laws district to raise and appropriate each 1891. year thereafter sufficient money in addition to the school money which the town in which it is situated may raise, to properly maintain such high school, or schools, as may be estab- lished under the preceding section. Any high school herebj' established 64:3, laws may be discontinued, or the location 1 thereof changed, by the supreme court, on petition of the school board of the town district in which it is lo- cated, after such notice as the court may order, if it shall appear that the educational interests of the town district require such discontinuance or change. Any town district failing to comply 64 :4> j aws with the provisions of this act, or any ISPI. of them, shall be fined for such neg- lect. Any town not maintaining a high 96:1, laws school or school of corresponding l-Ol, as grade shall pay for the tuition of any child who with parents or guardian 1903. resides in said town and who attends a high school or academy in the same or another town or city in this state, and the parent or guardian of such child shall notify the school board of the district in which he resides of the high school or academy which he has determined to attend; i>n>rir<,ri Page School year, required length of ( J Schoolhouse grounds, enlargement of 30 shade trees for 32 lots, selection and purchase of in cities 32 Schoolhouses 28-35 appraisal for land damages, appeal from.... 30 when 29 barbed-wire fences near 34 building in cities 32 districts may take possession of land for, when 30 doors to open outward 33 fire-escapes on 33 location of 28 appeal to county commissioners 28 by school board, when 28 compensation of county commis- sioners in 29 grievance on account of 28 term of 29 nuisance in vicinity of 34 power of building committee *. . 28 saloons and 34 selectmen may build, when 31 remove, when 31 shall be used for what 31 transferred, to care of board by city councils 32 Schools shall be kept, where 31 Secondary schools, see high schools. Shade trees 32 Special districts, dissolution of 15 maintenance of high schools when dis- solved ip trust funds of 17 State aid to schools, see money. 84: INDEX. Page Studies, how prescribed 36 Summary of sources of regular school revenue 10 Superintendent of public instruction, appointment of 57 biennial report of.... 59 sent to school boards 60 duties of 58 in connection with normal schools 62 may appoint substi- tutes to hold insti- tutes 59 reports to be filed with 39 to appoint inspectors of child labor 52 to examine and certifi- cate teachers .... 43 furnish registers ... 38 have, power of tru- ant officer 56 hold institutes 59 compile school laws when 59 enforce attendance laws, when 56 issue service certif- cate, when 44 prescribe form of registers 58 traveling expenses of 60 schools, district may require appointment of 27, 71 may be employed by two or more districts 71 INDEX-.''- 85 Page Superintendent of schools, salary how paid 72 Supervision 71-73 Supervisory district 71, 72 how formed 71 governed 71 supported 72 rebate from state 8 size of 73 withdrawal from 73 Supplies, by whom purchased 37 how paid for 37 Tax, dog 6 for school purposes 3, 5 of ward, where 4 Taxes of district 11 Teachers, dismissal of 36 examination of 43 hiring of 35 list of certificated 44 may attend institutes 43 right to hearing 36 to keep registers 39 Text-books, by whom purchased 37 how paid for 37 not to favor particular sect or party 38 Town clerks to report local school board 73 Transportation of scholars 35 Treasurer of district 26 Truant officers, authority of 41 duties of 40 salaries of 39, 40 superintendent of public instruction to have- power of 56 to be appointed by whom 39 Trustees of normal schools, see normal schools. 86 INDEX. Page Vaccination 45 Voters, check-list of 23 Voting, penalty for illegal 24 qualifications 23 Vehicles, see wagons. Wagons, district to raise money for 11, 35 Warrant for school meeting 22 Weeks, school, in absence of contract 42 Year, minimum school 9 for receiving state aid 7 YB 249437