GlfT OF y STATE OF NORTH DAKOTA GENERAL SCHOOL LAWS Comprising all the Laws in Force Pertaining to Public Schools PUBLISHED BY DEPARTMENT OF PUBLIC INSTRUCTION E. J. TAYLOR, Superintendent AUG. 1, 1914 Published by Authority BISMARCK, N. D. STATE OF NORTH DAKOTA GENERAL SCHOOL LAWS Comprising all the Laws in Force Pertaining to Public Schools PUBLISHED BY DEPARTMENT OF PUBLIC INSTRUCTION E. J. TAYLOR, Superintendent AUG. 1, 1914 Published by Authority BISMARCK, N. O. THIS VOLUME IS STATE PROPERTY. And is for the use of of School District No County of State of North Dakota. School officers on retiring from office are required by law to de- liver this volume, with all other books and documents of an official character, to their successors in office. INTRODUCTORY This volume contains all the school laws in force pertaining to the rural, graded, consolidated and high schools of the state. Here- after the school laws will be published in full only once in four years. The next complete edition will be published in 1918. County Superintendents should furnish copies of the school laws only to those entitled by law to receive them. School officers and others should be instructed to preserve their copies carefully and deliver them to their successors in office. E. J. TAYLOR, Supt. of Public Instruction. Bismarck, N. D. August ist, 1914. 293044 CONGRESSIONAL ENACTMENT ORGANIC LAW. NARCOTICS. 75. The nature of alcholic drinks and narcotics, and special instruction as to their effects upon the human system, in con- nection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and jn the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools by the use of text books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the territories in the military and naval academies of the United States and in the District of Columbia and in all Indian and colored schools in the territories of the United States. 76. It shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the pro- visions of this act; and any such officer, school director, com- mittee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all the pupils in each and every school under his jurisdiction, shall be removed from office and the vacancy filled as in other cases. 77. Xo certificate shall be granted to any person to teach in the public schools of the District of Columbia or territories, after the first day of January, anno Domini eighteen hundred and eighty-eight, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and effects of alcoholic drinks and other narcotics upon the human system. Act of congress approved May 20, 1886. RESERVATION OF SCHOOL LANDS. 88. Sections numbered sixteen and thirty-six in each town- ship of the territories of . * * * Dakota * * * shall be reserved for the purpose of being applied to schools in the several territories herein named, and in the states and territories here- after to be erected out of the same. Section 1846 R. S. U. S., 1874, approved March 2, 1861. (See, also, Enabling Act, section 10, post.) GENERAL SCHOOL LAWS ENABLING ACT [Approved February 22, 1889.] 4. PROVIDING FOR THE CONSTITUTIONAL CONVENTIONS FOR NORTH DAKOTA, SOUTH DAKOTA, MONTANA AND WASHINGTON.] And said convention shall provide by ordinances irrevocable without the consent of the United States and the people of said states : Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children of said states, and free from sectarian control. 10. That upon the admission of each of said states into the union, sections numbered sixteen and thirty-six in every town- ship of said proposed states, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equivalent thereto, in legal subdivisions of not less than one-quarter section are hereby granted to said states for the support of common schools. ii. That all lands herein granted for educational purposes shall be disposed of only at public sale; and at a price not less than $10 per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for periods of not more that five years, in quantities not exceeding one section to any one person or company, and such lands shall not be subject to pre- emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsnrveyed, but shall be reserved for school purposes only. 13. That five per centum of the proceeds of the sales of public lands lying within said states which shall be sold by the United States subsequent to the admission of said states into the union, after deducting all expenses incident to the same, which shall be paid to the said states, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said states, respectively. 14. That the lands granted to the territories of Dakota and Montana by the act of February 18, 1881, * * * are hereby vested in the states of South Dakota, North Dakota and Montana respectively, * * * to the extent of the full quantity of sev- enty-two sections to each of said states, * * * but said act of February 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10 per acre, and the proceeds shall constitute a permanent fund to be safely in- vested and held by said states severally, and the income thereof be used exclusively for university purposes. * * * None of the lands granted in this section shall be sold at less than $10 per acre; but said lands may be leased in the same manner as STATE OF NORTH DAKOTA provided in section n of this act. The schools, colleges and universities provided for in this act shall forever remain under the exclusive control of the said states, respectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the sup- port of any sectarian or denominational school, college, or university. * * * 1 6. That 90,000 acres of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said states, except to the state of South Dakota, to which 120,000 acres are granted, for the use and support of agricultural colleges in said states, as provided in the acts of congress making donations of lands for such purpose. 17. That in lieu of the grant of land for purposes of internal improvement made to new states by the eighth section of the act of September 4, 1841, which act is hereby repealed as to the states provided for by this act, and in lieu of any claim or de- mand by the said states, or either of them, under the act of September 28, 1850, and section 2479 f the revised statutes, making a grant of swamp and overflowed lands to certain states, which grant it is hereby declared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the following grants of lands are hereby made, to-wit : To the State of South Dakota : For the school of mines, 40,000 acres; for the reform school 40,000 acres; for the deaf and dumb asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for the university, 40,000 acres; for the state normal schools, 80,000 acres ; for public buildings at the capital of said state, 50,000 acres, and for such other educational and charitable purposes as the legis- lature of said state may determine, 170,000 acres; in all 500,000 acres. To the State of North Dakota a like quantity of land as in this section granted to the state of South Dakota and to be for like purposes, and in like proportion as far as practicable. CONSTITUTIONAL PROVISIONS [Adopted October I, 1889.] PREAMBLE. We the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution. ARTICLE II. THE LEGISLATIVE DEPARTMENT. 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : ******** 12. Providing for the management of common schools. ARTICLE III. 82. There shall be chosen by the qualified electors of the state at the time and places of choosing members of the legisla- tive assembly a * * * superintendent of public instruction * * * who shall have attained the age of twenty-five years, shall be a citizen of the United States, and shall have the quali- fications of state electors. They shall severally hold their offices at the seat of government for the term of two years, and until their successors are elected and duly qualified. 83. The powers and duties of the * * superintendent of public instruction, * . * * shall be as prescribed by law. 84. Until otherwise provided by law, the superin- tendent of public instruction, * * shall each receive an an- nual salary of $2,000; * * but the salary of any of said offi- cers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury. ARTICLE V. ELECTIVE FRANCHISE. 121. AMENDED.] Every male person of the age of twenty- one years or upwards belonging to either of the following classes, who shall have resided in the state one year, and in the county STATE OF NORTH DAKOTA six months, and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election. First Citizens of the United States. Second Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such elec- tion. (See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.) 123. Electors shall in all cases except treason, felony, breach of the peace or illegal voting, be privileged from arrest on the days of election during their attendance at, going to and return- ing from such election, and no elector shall be obliged to perform military duty on the day of election except in time of war or public danger. >j 125. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States. 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in conse- quence of his being stationed therein. 127. AMENDED.] No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election ; nor shall any person convicted of treason or felony, un- less restored to civil rights ; and the legislature shall by law es- tablish an educational test as a qualification, and may prescribe penalties for failing, neglecting or refusing to vote at any general election. 128. Any woman having the qualifications enumerated in sec- tion 121 of this article as to age, residence and citizenship, and including those now qualified by the laws of the territory, may vote for all school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office. >; 129. All elections by the people shall be by secret ballot sub- ject to such regulations as shall be provided by law. ARTICLE VIII. EDUCATION. 147. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. The legislative requirements shall be irrevo- cable without the consent of the United States and the people of North Dakota. 10 GENERAL SCHOOL LAWS 148. The legislative assembly shall provide at its first session after the adoption of this Constitution for a uniform system of free public schools throughout the state; beginning with the pri- mary and extending through all grades up to and including the normal and collegiate course. 149. In all schools instruction shall be given as far as prac- ticable, in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind. 150. A superintendent of schools for each county shall be elected every two years, whose qualifications, duties, powers and compensation shall be fixed by law. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study and to promote industrial, scien- tific and agricultural improvement. 152. All colleges, universities and other educational insti- tutions, for the support of which lands have been granted to this state, or which are supported by a public tax, shall remain under the absolute and exclusive control of the state. No money raised for the support of the public schools of the state shall be appro- priated to or used for the support of any sectarian school. TWELFTH LEGISLATIVE ASSEMBLY STATE OF NORTH DAKOTA CHAPTER 266. [S. B. No. 60 Talcott.] AX ACT to Provide a System of Free Public Schools for the State of North Dakota, and to repeal Sections 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 75$, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 77i, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 902, 903, 904, 905, 906, 907, 908, 909, 9io, 911, 912, 913, 9M, 915, 9i6, 9i7, 9i8, 919, 937, 938, 939, 940, 94i, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 97i, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 99i, 992, 993, 994, 995, 996, 997, 998, 999, 1000, 1001,, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, ion, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, and Section 1038 of the Revised Codes of 1905 With Any and All Amend- ments Thereto, and also Chapters 49, 98, 100, 103, 124, 153 and 201 of the Session Laws of 1909. Be It Enacted by the Legislative Assembly of the State of North Dakota: ARTICLE I SUPERINTENDENT OF PUBLIC INSTRUCTION. i. QUALIFICATIONS OF, TERM OF OFFICE,] There shall be elected by the qualified electors of the state at the time of choosing members of the legislative assembly, a superintendent of public in- struction, who shall have attained the age of twenty-five years, who shall have the qualifications of an elector for that office, and be the holder of a teacher's certificate of the highest grade, issued in this state. He shall hold his office at the seat of government for the term of two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified. 2. TO PRESERVE MISCELLANEOUS DOCUMENTS.] He shall pre- serve in his office all books, maps, charts, works on education, school reports and school laws of other states and cities, plans for school buildings and other articles of educational interest and value which may come into his possession as such officer, and at the expiration of his term he shall deliver them together with 12 GENERAL SCHOOL LAWS the reports, statements, records and archives of his office to his successor. 3. SUPERVISION OF SCHOOLS.] He shall have the general su- pervision of the public schools of the state and shall be ex-officio a member of the board of university and school lands and of the normal school board of the state. 4. TO FURNISH SCHOOL SUPPLIES, BLANKS, ETC.] He shall prepare, cause to be printed and furnishel to the proper officers or persons all district clerks' record books and warrant books, school treasurers' record books, school registers, reports, state- ments, notices and returns needed or required to be used in the schools or by the school officers of the state. He shall prepare and furnish to school officers, through the county superintendents, lists of publications approved by him as suitable for district libraries; such lists shall contain also the lowest price at which each publication can be purchased and such other information relative to the purchase of district libraries as he may deem requisite. 5. PRESCRIBE COURSE OF STUDY.] He shall prepare and pre- scribe a course of study for all the common schools of the state. 6. ADVISE COUNTY SUPERINTENDENTS.] He shall counsel with and advise county superintendents and boards of education in special or independent school districts upon all matters involving the welfare of schools and he shall, when requested, give them written answers to all questions concerning the school law. He shall decide all appeals from the decision of the county super- intendents and may for such decisions require affidavits, or veri- fied statements or sworn testimony as to the facts in issue. He shall prescribe and cause to be enforced, rules of practice and regulations pertaining to the hearing and determination of ap- peals and necessary for carrying into effect the school laws of the state. 7. CONFERENCE WITH COUNTY SUPERINTENDENTS.] He shall meet with any or all of the county superintendents of the state at such time and place as he shall appoint, giving them due notice of such meeting, and it shall be their duty to attend such meet- ings. The object of such meetings shall be to accumulate valu- able facts relative to schools, to compare views, to discuss prin- ciples, to hear discussions and suggestions relative to the exam- inations and qualifications of teachers, methods of instruction, text books, institutes, visitation of schools and other matters relating to the public schools. 8. RULES FOR TEACHERS' INSTITUTES.] He shall prescribe rules and regulations for the holding of teachers' institutes and teachers' training schools, and after counseling and advising with the county superintendent shall appoint conductors and assistants therefor. He shall prescribe the course of instruction for teach- ers' institutes and for teachers' training schools. STATE OF NORTH DAKOTA .13 9. To ASSIST AT TEACHERS' INSTITUTES.] He shall when prac- tical, attend and assist at teachers' institutes and aid and encourage generally, teachers in qualifying themselves for the successful discharge of their duties; he shall labor faithfully in all practicable ways for the welfare of the public schools of the state, and shall perform such other duties as shall be required of him by law. 10. RECORD OF OFFICIAL ACTS.] He shall keep a complete record of all "his official acts and shall file in his office all appeals and the papers pertaining thereto. 11. SEAL.] He shall provide and keep a seal by which all his official, acts may be authenticated. . 12. BIENNIAL REPORT, WHAT TO CONTAIN.] He shall, on or before the first day of November preceding the biennial session of the legislative assembly, make and transmit to the governor a report showing: 1. The number of school districts, schools, teachers employed and pupils taught therein and the attendance of pupils and studies pursued by them. 2. The financial condition of the schools, their receipts and ex- penditures, value of school houses and property, cost of tuition and salary of teachers. 3. The condition, educational and financial, of the normal and higher institutions connected with the school system of the state and as far as it can be ascertained, of the private schools, acade- mies and colleges of the state. 4. Such general matters, information and recommendations relating to the educational interests of the state, as he may deem important. 13. REPORTS TO BE PRINTED.] Three thousand copies of the report of the superintendent of public instruction shall be printed biennially in the month of December preceding the session of the legislative assembly. One copy shall be furnished to each of the members of the legislative assembly, five to each state edu- cational institution, one copy to each county superintendent of the state, one copy to the president of each school board, one copy to each state officer, one copy to each state and territorial superin- tendent, and twenty copies shall be filed in the office of the super- intendent of public instruction and ten copies in the state library. Copies may be distributed among the various colleges, universities, and libraries of the United States. 14. SCHOOL LAWS TO BE PRINTED.] He shall in the year 1911, and every four years thereafter, cause to be printed, the school laws of the state, with such notes and decisions thereon as may seem to him advisable, and shall furnish them through the office of the county superintendent of schools, to the school officers of the state, and to public libraries within the state. At the close of any biennial session of the legislature he shall publish in pam- 14 GENERAL SCHOOL LAWS phlet form the laws pertaining to education enacted at that session and shall distribute them as provided for the distribution of the school laws. 15. PUBLICATION OF PROCEEDINGS OF EDUCATIONAL ASSOCIA- TION.] The state superintendent of public instruction is hereby authorized and required to publish annually, as public matter, not to exceed one thousand five hundred copies of the proceedings of the North Dakota Educational Association, the same to be dis- tributed throughout the state by the department 'of public in- struction; provided, that a copy of the proceedings of said associa- tion shall be filed by the secretary or other officer of said association with the superintendent of public instruction, on or before the first day of February of each year. 1 6. SALARY. TRAVELING EXPENSES.] He shall receive an annual salary of three thousand dollars and in addition thereto his actual and necessary traveling expenses incurred in the dis- charge of his official duties, not exceeding one thousand two hundred dollars in any one year, such expenses to be paid monthly on the warrant of the state auditor upon his filing with such auditor an itemized statement of such expenses properly verified. The state superintendent may appoint a deputy for whose official acts he shall be responsible. He may also appoint an assistant whose duty shall be to assist the state superintendent in visiting schools, institutes, attending school officers' meetings and to perform such other duties as the state superintendent may direct. The state superintendent may also appoint such clerks as shall be necessary in carrying on the work of his de- partment ARTICLE II. COUNTY SUPERINTENDENT OF SCHOOLS. 17. ELECTION, TERM OF OFFICE.] There shall be elected in each organized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified. 18. QUALIFICATIONS OF.] No person shall be deemed quali- fied for the office of county superintendent in any county, who is not a graduate of some reputable normal school or higher insti- tution of learning, or who does not hold at least a second grade professional certificate, and who has not had at least two years' successful experience in teaching, one year of which shall have been in this state. 19. GENERAL DUTIES.] The county superintendent of schools shall have the general superintendence of the common schools in his county, except those in districts which employ a city super- intendent of schools. 20. GENERAL DUTIES, VISITS.] He shall visit each common school at least once each year and carefully observe the condition STATE OF NORTH DAKOTA 15 of the school, the mental and moral instruction given, the methods of teaching employed by the teacher, the teachers' ability, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, government and discipline of the school and the course of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teachers' ability to teach and govern, and the condition and progress of the school, which shall be open to inspection by any school director. 21. GENERAL DUTIES, BLANKS, TEACHERS' MEETINGS] He shall carry into effect all instructions of the superintendent of public instruction given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by such superintendent, and needed by such officers and teachers. Acting under the instructions of the superintendent of public instruction, he may, convene the teachers of his county not to exceed one Saturday in each month during which the public schools are in progress, or if the distance is too great he may convene the teachers of two or more districts in each of the several portions of his county in county or district meetings, for professional instruction and for such other work as may be approved by the superintendent of public instruction. Each teacher shall attend the full sessions of such meetings when required, and participate in the exercise thereof, or forfeit one day's wages for each day's absence therefrom, unless such absence is occasioned by sickness of the teacher or others to whom his attention is due; but when, on account of distance or otherwise, it would impose a hardship upon any teacher to attend, or would cause such teacher to neglect his school, the county superintendent may excuse such teacher from attendance. 22. MEETINGS WITH SCHOOL OFFICERS.] He may arrange for meetings with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keeping the same, and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records. 23. ANNUAL MEETING OF SCHOOL OFFICERS.] He shall con- vene the members and clerks of the school boards in his county, or such representatives of the school officers of each district as the president or members of the school boards may appoint, in case he or they cannot attend personally, for the purpose of discussing plans and methods for the improvement and general care of the schools ; provided, further, such general meeting shall not occur more than once in each year. 24. RECORD OF OFFICIAL ACTS.] He shall keep a record of all his official acts, and shall preserve all books, maps, charts, and apparatus sent him as a school officer, or belonging to his office. l6 GENERAL SCHOOL LAWS He shall file all reports and statements from teachers and school boards and shall turn them over to his successors in office. He shall be provided with a seal by which his official acts may be authenticated. 25. PREPARE MAPS.] He shall, on or before the first day of April of each year, prepare and furnish to the several assessors of the county a correct sectional map of their respective districts, showing the boundaries and names or numbers of all school dis- tricts therein. 26. FILE LISTS.] Immediately after the July meeting of the school boards, the county superintendent shall file with the county auditor and the county treasurer a list of the names of all persons chosen as presidents and clerks of the several school boards in his county. 27. APPORTIONMENT OF STATE TUITION FUND.] He shall make apportionment of the state tuition fund among the school corpora- tions of the county, as provided in this chapter. 28. OFFICE, POSTAGE AND STATIONERY.] He may provide for himself a suitable office for the transaction of official business when not provided therewith by the county commissioners, and such com- missioners shall audit and pay his reasonable accounts for the use and furniture of such office. They shall also furnish him with all necessary books, stationery and postage. 29. To DECIDE QUESTIONS OF CONTROVERSY.] He shall decide all matters in controversy arising in his county in the adminis- tration of the school law or appealed to him from the decision of school officers or boards. An appeal may be taken from his decision to the superintendent of public instruction, in which case a full written statement of the facts, together with the testimony and his decision in the case shall be certified to the superintendent of public instruction for his decision in the matter, which decision shall be final, subject to adjudication or the proper legal remedies in the courts. 30. POWER TO ADMINISTER OATHS.] He shall have power to administer the oath of office to all subordinate school officers, and to witnesses and to examine them under oath in all contro- versies pending before him arising -in the administration of the school laws ; but he shall not receive pay for administering such oath. 31. REPORT DELINQUENT TEACHERS, WHEN.] He shall see to it that the pupils are instructed in the several branches of study required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or ^refuses to give instruction as required by law in physiology and hygiene and the nature and effect of alcholic drinks and other narcotics, the county superintendent shall promptly notify the secretary of the board of examiners. 32. REPORT OF STATE SUPERINTENDENT.] He shall, on or before the fifteenth day of September in each year, make and STATE OF NORTH DAKOTA 17 transmit a report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required by such superintend- ent. Such report shall be made upon and conform to the blanks furnished by the superintendent of public instruction for that purpose. He shall not be paid his salary for the last month of his official year until he presents to the county commissioners the receipt of the superintendent of public instruction for such annual report. 33. DEPUTIES. How APPOINTED. SALARY.] In counties having fifty or more schools, the county superintendent may appoint an office deputy, for whose acts as such he shall be responsible, which deputy shall be entitled to a salary equal to fifty per cent of the county superintendent's salary, provided, that in counties having 150 or more schools, the county superintendent shall be allowed one deputy for each 100 schools or major fraction thereof under the supervision of said superintendent. Such deputies shall be for the purpose of assisting the county superintendent in visiting schools and in the general supervision of the educa- tional work of the county. They shall possess the qualifications of the county superintendent of schools specified in section 18 of this chapter and shall each receive a salary of two hundred (200) dollars per annum in excess of that paid to the office deputy. $ 34. SALARY AND EXPENSES.] The county superintendent of schools shall receive an annual salary equal to that paid to the register of deeds of his county, which salary shall be paid monthly on the warrant of the county auditor on the county treasurer, and in addition thereto he shall receive ten cents per mile for the distance actually and necessarily traveled by him or his field deputy in the discharge of his duties within the county and' in attendance at meetings of county superintendents called by the superintendent of public instruction as provided by law. He shall at the end of every three months make and furnish to the county commissioners an itemized statement subscribed and sworn to of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commissioners. 35. OFFICE POSTAGE AND STATIONERY.] He may provide for himself a suitable office for the transaction of official business when not provided therewith by the county commissioners, and such commissioners shall audit and pay his reasonable accounts for the use and furniture of such office. They shall also furnish him with all necessary books, stationery and postage. 36. SHALL NOT ABSENT HIMSELF FROM COUNTY.] No county superintendent of schools shall engage in any profession or occu- pation, nor shall he absent himself from the county or district for which he is elected, to engage in any occupation, profession or 1.S GENERAL SCHOOE LAWS pursuit during the term for which he is elected for such time and in such manner as to interfere with the proper discharge of his duties as county superintendent of schools. ARTICLE III. COMMON SCHOOL DISTRICTS. 37. EACH SCHOOL DISTRICT A CORPORATION.] Each and every school district in this state now legally organized or which shall be organized hereafter shall be and is hereby constituted a public corporation to be known and designted as school district No. of County, State of North Dakota, with its proper name or number inserted in the blank space provided and with the name of the county in- serted in the blank before the word county; and in its own proper name, or number, as such corporation it may sue and be sued, contract, and be contracted with and may acquire, purchase, hold and use personal and real property for school purposes or for the purposes mentioned in this act and may sell and dispose of the same. 38. WHAT TERRITORY MAY BE ORGANIZED INTO DISTRICT SCHOOL CORPORATIONS.] The county commissioners of each county in the state shall organize into a school district any territory not, at the taking effect of this act, already organized into a school district upon being petitioned so to do by at least one-third of the resi- dents of such territory having the care and custody of any child of school age; provided, such territory shall consist of not less than one congressional township and shall have at least twelve thousand dollars in taxable property and at least ten children of school age residing therein. 39- WHEN SCHOOL CORPORATIONS MAY BE DIVIDED AND AT- TACHED TO OTHER DISTRICTS.] If a portion of any such school dis- trict having not more than ten children of school age residing therein is separated from the other portion of such district by any natural obstacle which practically prevents such children from at- tending school in such other portion, the county commissioners of the county may annex such portion so separated, to an adjoin- ing school district, and the portion so annexed shall constitute a part of such adjacent school district. If such adjacent district lies in another county, the county commissioners of the two counties may jointly make such annexation; provided, that whenever por- tions of a school district lie in different civil townships there may be created therefrom two or more distinct school districts, when in the judgment of such commissioners and the county superinten- dent, such change can be made without detriment to the school or to the pupils therein, and the division can be made by following the boundary line or lines of congressional townships, or the mean- der lines of the government survey. 40. ANNEXATION OF SCHOOL DISTRICTS.] If a town or village not organized into a special district is divided by a civil township line or if such town or village is divided by any county line, the STATE OF NORTH DAKOTA 19 county commissioners of such county, or the county commissioners of such adjacent counties acting in joint session, as the case may be, may, when petitioned so to do by a majority of the voters of each part of said, town or village, annex one part of such town or village to the adjacent school district which includes the other part of such town or village and the part so annexed shall con- stitute a portion of such adjacent district. 41. WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE INTO SCHOOL DISTRICTS.] In any county in this state, if a civil township, hav- ing less than fifteen persons of school age residing therein, by reason of the irregular course of natural boundary, contains less than twelve square miles of territory, it shall constitute a portion of the adjacent school district with which it has the longest com- mon boundary line. 42. SCHOOL DISTRICTS. How NAMED.] Each school district constituted or formed under the provisions of this article, shall be designated a school district as distinguished from a civil town- ship or congressional township, and shall be named as follows : Each school district which consists of a civil township shall be named " School District of County, State of North Dakota," with the name of the civil township which constitutes the districts inserted in the blank before the word "school," and the name of the county in which it is situated inserted before the word "county." Each school district which consists of territory not organized into a civil township, but which has been named by a distinctive name shall have such dis- tinctive name inserted in the blank before the word "school." Each school district consisting of territory not organized into a civil township which has no distinctive name shall be named "School District No. of County, State of North Dakota," which is organized for school purposes under the district system at the taking effect of this act, the several school districts shall retain and be known by the number which they have respectively at the time of the taking effect of this act and any school district hereafter formed in any such county shall be known by the number next higher than that of the highest pre- existing numbered district. 43. BOUNDARIES, HOW CHANGED.] The board of county com- missioners and county superintendent of schools may change the boundaries of any school district or consolidate two or more dis- tricts already organized if in their judgment such change is de- sirable or necessary upon being petitioned so to do by a majority of the school voters residing in the districts whose boundaries will be affected by such change. 43^/2. BOUNDARIES TO BE RE-ARRANGED AND RE-ESTABLISHED. How.] The county commissioners and county superintendent of schools of each county which at the taking effect of this act is organized for school purposes under the district system, shall 2O GENERAL SCHOOL LAWS meet on the second Monday in July, A. D. 1911, at the place where the meetings of such commissioners are usually held, and shall re-arrange and establish the boundaries of the several school dis- tricts of the county, as follows : 1. Each school district now organized, which has less than ten persons of school age residing therein, may be annexed to and form a part of such adjacent district as shall be most con- venient for such persons of school age, if in the judgment of such commissioners and superintendent,, such annexation can be made without detriment to the school or to the pupils residing in such district. 2. Such commissioners and superintendent shall make such changes generally in the boundary line of the school districts of the county, and may organize school districts, as in their judgment will be for the best interests of the schools of the county. 44. NEW COMMON SCHOOL DISTRICTS. HOW ORGANIZED.] The board of county commissioners and county superintendent may organize a new school district from portions of school districts already organized, if in their judgment the organization of a new district is desirable and necessary, upon being petitioned so to do by at least a majority of the school voters residing in the districts, whose boundaries will be affected by the organization of a new district, and by at least three-fourths of the residents of the ter- ritory to be included in the new district. No school district shall be organized under the provisions of this section which shall have less than $20,000 assessed valuation and shall have residing therein less than twelve children of school age; provided, that when the districts from portions of which such new district is sought to be organized, lie in two or more adjoining counties, such new district shall be organized by the concurrent action of the boards of county commissioners and county superintendents of such counties ; provided further, that action on such organization shall be taken only at the July meeting of the county commissioners when peti- tioned by a majority of the voters residing in each of the districts to be affected. 45. PUBLIC NOTICE GIVEN.] Whenever the board of county commissioners and county superintendent of schools shall be petitioned to organize a new school district or to change the boundaries of districts already organized, the county superin- tendent shall give public notice, for at least thirty days, to the residents of the districts whose boundaries will be affected by the organization of the new district, by mailing a notice to that effect to each school officer of such districts, and by publishing the same in the official newspaper of the county published nearest that district. 46. PLATS OF SCHOOL DISTRICTS PREPARED BY COUNTY AUDI- TOR. RECORD.] The county auditor shall prepare a record or plat of his county showing the boundaries, name or number of school STATE OF NORTH DAKOTA 21 districts in said county which record shall remain on file in his office. Whenever the boundaries of a school district are changed or a new school district organized the county auditor shall make a record of the same. 47. LEGALIZING IRREGULARITIES.] All school districts, wheth- er duly and legally organized under the provisions of statute, or not, which for one year or more last past had a de facto organi- zation, and also all school districts, whether duly and legally or- ganized under the provisions of statute or not, which have heretofore attached or attempted to attach territory outside of the limits thereof and adjacent to such district, and now included in the territory comprising or exercising the powers of such school district, are hereby declared to be legally organized and are authorized to exercise all the functions of school districts which have been duly and legally organized as provided by stat- ute, with the boundaries which they may have at the time of going into effect of this article, and all contracts and obligations of said districts and the acts of the officials thereof are hereby ratified and confirmed so far as to give them the same validity which they would have had if such districts had been legally organized. ARTICLE IV. ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICTS. 48. OFFICERS TO BE ELECTED.] On the first Tuesday in June of each year there shall be elected one school director for the term of three years and on the first Tuesday in June of each even numbered year a school treasurer for the term of two years. Such officers shall hold their respective offices from the second Tuesday in July following their election for the number of years respectively for which they were elected, and until their success- sors are elected and qualified. At the first election for the or- ganization of a new school district there shall be elected at large for such school district three directors, one to serve until the first annual election, one to serve until the second annual elec- tion thereafter and one to serve until the third annual election thereafter, and a school treasurer to serve until the annual elec- tion in the next even numbered year and until his successor is elected and qualified. 49. POLLING PLACES, HOW ESTABLISHED. APPOINTMENT OF ELECTION OFFICERS.] The county superintendent in each county shall, at least twenty-one days prior to the first election in the new district, fix and designate some polling place in each school district so located as to be convenient for the voters of such district, and shall appoint two persons to act as judges and two to act as clerks of the election of such school officers ; such judges and clerks shall be qualified voters in their respective districts. The county superintendent shall notify in writing such judges and clerks of their appointment, and of the place fixed and 22 GENERAL SCHOOL LAWS designated as the polling place in their respective districts and shall furnish them with the necessary blanks and poll books for such election.- He shall also furnish one of such clerks with three notices of such election specifying the time and place at which such election is to be held. The officers to be elected and term of each which notices such clerk shall post in three of the most public places in the district at least fourteen days prior to such election. The county superintendent shall fix the date and per- form such other duties as devolve upon him by the provisions of this section for the first election in any school district hereafter formed under the provisions of this chapter, and such election shall be called by the county superintendent within thirty days after the formation of such school district. 5O. WHO QUALIFIED TO VOTE OR HOLD .OFFICE.] At any elec- tion of school officers in any school district in this state all persons who are qualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifi- cations as to citizenship and residence required of male voters by law, shall be qualified voters and shall be eligible to the office of county superintendent of schools, school director, district treasurer, school district clerk, or member of the board of education, or may be judge or clerk of such election; provided, however, that the county superintendent shall possess the educational qualifications named in Section 18. 51. HOURS POLLS OPEN.] At all elections for school district officers the polls shall be opened at 2 o'clock p. m. and closed at 5 o'clock p. m. 52. NOTICE OF ANNUAL ELECTION.] At least fourteen days before the first Tuesday in June of each year the district school board of each school district shall designate one polling place as convenient as possible to the voters of such district at which such annual election shall be held, and shall cause notice of such election to be posted in at least three of the most public and con- spicuous places within the district. Such notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of holding such election, and the officers to be elected and their terms of office, and shall be substantially in the following form : Notice is hereby given that on Tuesday, the day of June, A. D. 19 , an election will be held at (here insert polling place) for the purpose of electing (here insert officers to be elected and term each is to serve) for School District No. or for (Here insert name of school district). The polls will be opened at two o'clock p. m. and closed at 5 o'clock p. m. of that day. By order of School Board, Signed STATE OF NORTH DAKOTA 23 53. JUDGE'S OATH.] At such annual election any two of the directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen by the voters present at the opening of the polls, shall act as clerks. The voters present at the opening of the polls shall choose a person to fill any vacancy caused by the absence of either of such officers to act as judge or clerk of such election. Before opening the polls each of the judges and clerks of election shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will perform my duties as judge or clerk (as the case may be) according to law and the best of my ability." Such oath or affirmation may be adminis- tered by any officer authorized to administer oaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is authorized and empowered to administer any oath or affirmation pertaining in any manner to school offices. 54. ELECTION, HOW CONDUCTED, CANVASS OF VOTES.] Such election shall be conducted and the votes canvassed as provided by law for general elections, except as otherwise provided in this chapter. Immediately after the polls are closed the judges shall proceed to count and canvass the votes for each person voted for at such election for any office, and the person receiving the highest number of votes for the office of director shall be declared elected. If the election results in a tie the district clerk shall immediately notify in writing the parties having received such tie votes, and a time shall be agreed upon by the parties, within three days after the election, at which the election shall be de- cided in the manner that may be agreed upon by the parties in the presence of the judges and clerks of election, and a record of the proceedings shall be made in the records of the district clerk. 55. CERTIFICATE OF ELECTION.] The clerk of the school dis- trict shall within five days after such election furnish each per- son elected to any district office, a written notice of his election and of his duty to take the oath of office as such officer on or before the second Tuesday in July following such election. He shall also forward to the county superintendent within ten days after such election, a certified list of all the officers elected thereat. 56. OATH OF OFFICE.] Each person elected to the office of school director or district treasurer shall before entering upon the duties of his office take and subscribe the oath prescribed in sec- tion 211 of the constitution, which oath shall be filed with the clerk of the school district board. 24 GENERAL SCHOOL LAWS ARTICLE V. ORGANIZATION MEETINGS AND DUTIES OF COMMON SCHOOL OFFICERS. 57. ORGANIZATION, CLERK.] The school board shall meet an- nually on the second Tuesday in July and organize by choosing one of the members president, and a competent person, not a member of the board, clerk, who shall hold office during the pleasure of the board. 58. DISTRICT SCHOOL BOARD QUORUM.] The three school directors in each school district shall constitute the district school board. A majority of the board shall constitute a quorum and the agreement of a majority shall be necessary to the validity of any contract entered into by the board. 59. MEETINGS OF BOARD. FEES.] The board shall, on the second Tuesday in January, April, July and October of each year, hold regular meetings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the president or the other two members. Written notice of the time and place of any special meeting shall be given to each member of the board at least forty-eight hours before the time of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, less two dollars for each regular meeting which he fails to attend ; provided, that in any common school district which contains a graded school of three or more departments the board shall hold regular meetings for the transaction of business on the second Tuesday of each month at such time and place as may be fixed by the board, and in such districts the members of the board shall receive a compensation of one dollar for each meeting attended ; provided, further, the members and clerks receive ten cents a mile for the distance necessarily traveled in attending general meetings of school officers convened by the county superintendent and also a salary of two dollars, but the total sum of such salary and mileage shall not exceed seven dollars for each officer at any one meeting. 60. DUTIES OF THE PRESIDENT.] The president shall preside at all meetings of the board, and shall perform such duties as usually pertain to such office, and in accordance with the custo- mary rules of order. In his absence a president pro tempore shall preside. The president shall perform such other duties as are prescribed in this chapter. 61. . DUTIES OF CLERK. COMPENSATION.] The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all reports and state- ments and perform all other duties required by law or by the board. He shall receive such compensation as shall be fixed by the board, not less than ten dollars for one school and five dollars for each additional school in his district ; provided, that such salary shall not exceed fifty dollars in any one year; provided, further, STATE OF NORTH DAKOTA 25 that the clerk shall receive such additional compensation for tak- ing the annual school census as the board may allow. 62. TREASURER'S BOND. How APPROVED. VACANCY. How FILLED.] The school treasurer shall on or before the second Tuesday in July following his election and before entering upon his duties, give a bond to the school district conditioned for the honest and faithful discharge of his duties and that he will render a true account of all funds and property that shall come into his hands and pay and deliver the same according to law. Such bonds shall be in such sum as may be fixed by the board but not less than double the sum to come into his hands in any one year as nearly as may be ascertained, which bond shall be signed by two or more sufficient sureties, to be approved by the school board. In case the school board neglects or refuses to approve the bond of such treasurer and the sureties thereon, such treas- urer may present the same to the county superintendent and serve notice thereof upon the board and due proof of such notice being made to the county superintendent, he shall, unless good cause for his delay appears, proceed to hear and determine the sufficiency of the bond and the sureties thereon, and may approve or disapprove the same as the facts warrant. In case of a failure to elect a successor to any school treasurer at the expiration of his term of office, the said treasurer holds over and he shall be required to give a new bond, within ten days after notice by the board. In case of a failure so to do, a vacancy shall be deemed to exist in said office and shall be filled as provided by law. In case a vacancy occurs in the office of the school treasurer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon being notified by the county super- intendent or clerk of such school district that such vacancy exists, to perform the duties of treasurer of such school district until the vacancy is duly filled. 63. WHEN ADDITIONAL BONDS REQUIRED.] Whenever the amount in the hands of the treasurer or subject to his order exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county superintendent the secur- ity on such bond is impaired, the board or county superintendent shall require an additional bond. If the treasurer fails for twenty days to give such additional bond, the office shall be declared vacant and the vacancy shall be filled as provided by this chapter. 63^2. SURETY BONDS. PREMIUMS. How PAID.] Every per- son hereafter elected to the office of district treasurer within the state of North Dakota, be, and is, hereby required to give an official bond in a penal sum to be fixed by the board of directors, which bond shall not be in a less penal sum than double the amount of money likely to come into his hands* in any one year, and such board may by resolution require that such bond shall be executed by some responsible fidelity or surety company auth- 26 GENERAL SCHOOL LAWS orized and qualified to do business in the state of North Dakota, and subject to approval as provided by law; provided, further, if a surety bond is given it shall be for a sum fixed by the board of directors. The amount of premiums for such security or fidelity bond shall be audited by the board of directors and paid out of the general fund of the district. 63^4. SCHOOL FUNDS. How PAID OUT.] The school treasurer shall keep such account and make such reports as are required of him by law. He shall pay no money out of the funds in his hands except upon the warrant of the school board, signed by the president and countersigned by the clerk. He shall pay all warrants properly drawn and signed when presented, if there is any money in his hands or subject to his order for their pay- ment. 64. WARRANTS TO BE INDORSED WHEN NO FUNDS TO PAY.] When a school district warrant is presented to the district treas- urer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrants, he shall indorse on such warrant, "presented for payment this day of 19 , and not paid for want of funds," and shall sign such indorse- ment. If he has in his hands or subject to his order money for the part payment of such warrant he shall make such part pay- ment and indorse the sum on the warrant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and indorsed. Each warrant thus presented and indorsed shall draw interest on the amount unpaid at a rate not to exceed seven per cent, per annum from the date of such presentation and indorsement until paid ; provided, that when there shall come into the hands of the treasurer or subject to his order, money applicable to the pay- ment of any warrant which has been so presented and registered, he shall notify in writing by mail, the drawee of such warrant at his last known place of residence, to present such warrant for payment, and interest shall cease upon every warrant ten days after such notice shall have been sent, and such money shall be held for the payment of such warrant. 65. WARRANTS, WHAT TO SPECIFY.) Each warrant drawn by the clerk or the board on the district treasurer must specify the purpose for which it is drawn, the fund on which it is drawn and the person to whom payable ; and no warrant shall be issued except for indebtedness incurred prior to its issue. 66. OATHS AND BONDS. WHERE TO BE FILED.] All official oaths and bonds of school district officers shall be filed with the district clerk, who shall immediately certify to the county sup- erintendent the fact of such oaths and bonds being filed. Said clerk shall file school treasurer's bond with the county auditor after such bond has been approved by the district school board, STATE OF NORTH DAKOTA 27 as provided in this chapter. In case of the breach of any of the conditions of the treasurer's bond, the board, through its presi- dent, and in case of his refusal so to do, the county superintend- ent, shall cause an action to be commenced and prosecuted thereon in the corporate name of the district, and any money collected for the district shall be paid to the district treasurer and any money collected for fines shall be paid into the county treasury and be credited to the general school fund of the state. If the board and county superintendent both fail or refuse to bring such action, any taxpayer in the district may commence and prosecute such action, and the necessary expense thereof shall be paid out of the district treasury unless otherwise ordered by the court. 66y 2 . SALARY OF SCHOOL TREASURER.] The school treasurer shall be paid for his services such sum as shall be fixed by the board not less than five nor more than twenty-five dollars per annum. ARTICLE VI. POWERS AND DUTIES OF COMMON SCHOOL BOARDS. 67. GENERAL POWERS.] The district school board shall have the general charge, direction and management of the schools of the district, and the care, custody and control of all the property belonging to it, subject to the provisions of this chapter; provided that in the employment of teachers, no person related by blood or marriage to any member of the district board shall be hired with- out the unanimous consent of the board. 68. POWER TO ESTABLISH SCHOOLS.] It shall organize, main- tain and conveniently locate schools for the education of children, of school age within the district, and change or discontinue any of them as provided by law. 69. REPAIRS, FUEL AND SUPPLIES.] It shall make all neces- sary repairs to school houses, outbuildings and appurtenances, and shall furnish fuel and all necessary supplies for the schools and provide for janitor service. 70. FURNITURE. MAPS. REGISTER. SCHOOL LIBRARY.] It shall furnish to each school all necessary and suitable furniture, maps and apparatus, including any dictionary which is recognized as a standard authority. The school register and all school blanks used, shall be those furnished by the state department of public instruction. It may appropriate and expend each year not more than twenty-five dollars for each school, or separate department thereof, of the district for the purpose of a school library, to be selected by the school board, and the teacher, from any list of books authorized by the superintendent of public instruction, and fur- nished by him to the county superintendent for that purpose, and it shall not purchase any books which have not been approved by the superintendent of public instruction. 28 GENERAL SCHOOL LAWS 71. CARE OF LIBRARY. LIBRARIAN.] It shall have the care and custody of the library and may appoint as librarian any suitable person, including one of their number, but whenever practicable, the library shall be kept in the school house and always so when school is in session. It shall make rules to govern the circulation and care of the books while in the hands of the pupils or other persons, subject to the general rules as may be prescribed by the state superintendent of public instruction, and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or while in his possession, but no book shall be loaned to any person not a resident of the district. It may at any time temporarily exchange any part or all of its library with any other district or persons, so far as different books may be ob- tained, but each district shall recall its books before the close of the school term. It may at any time accept donations of books for the library, but it shall exclude therefrom all books unsuited to the cultivation of good character and good morals and man- ners, and no sectarian publications, devoted to the discussion of sectarian differences and creeds shall be admitted to the library. It shall be held accountable for the proper care and preservation of the library, and shall report annually to the county superin- tendent all library statistics which may be required by the blanks furnished for that purpose by the superintendent of public instruction. 72. TEACHERS, How EMPLOYED. SALARIES.] It shall employ the teachers of the school district and may dismiss a teacher at any time for plain violation of contract, gross immorality, or flag- rant neglect of duty. No person shall be permitted to teach in any public school who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in which such school is situated, and every contract for the employment of a teacher must be in writing and such contract must be executed before such teacher begins to teach in such school ; provided, that no teacher holding a valid certificate shall receive less than forty- five dollars per month. Nothing in this section shall be construed to mean that teachers holding the same grade certificate must neces- sarily receive the same salary. 73. PUPILS FROM OTHER DISTRICTS.] It shall have the power to admit to the schools in the district, pupils from other districts, when it can be done without injuring or overcrowding such schools, and shall make regulations for their admission and the payment of their tuition. It shall have the power to arrange with the board of another district for sending to such district such pupils as can conveniently be taught therein, for paying their tuition, and for arranging and paying for their transpor- tation to and from the school in such district ; and when peti- tioned by a majority of the voters of a district it shall be the duty of the board of any district to arrrange for sending to such STATK OF NORTH DAKOTA district such pupils as can conveniently be taught therein, for paying their tuition and for arranging and paying for their trans- portation to and from the school in such district. It shall have the power to admit to the schools in the district, pupils residing in unorganized territory adjacent to the district, and to arrange with the parents or guardian of such pupils for paying their tuition ; but in no instance shall a board refuse privileges to or collect tuition from pupils residing in such adjacent unorganized territory, if the parents of such pupils are property holders in the district and pay taxes. It shall also have the power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district, and their transfer from one school to another. 74. RULES. SUSPENSION OF PUPILS.] It shall assist and co- operate with teachers in the government and discipline of the schools and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insubordinate or habitually disobedient, but such suspension shall not be for a longer period than ten days nor such expulsion beyond the end of the current term of school. 75. BRANCHES OF STUDY.] Subject to the approval of the county superintendent, it shall have power to determine what branches, if any, in addition to those required by law shall be taught in any school of the district. 76. TAX LEVY. NOTICE TO COUNTY AUDITOR.] It shall have power to levy upon the property in the district a tax for school purposes of not exceeding thirty mills on the dollar in any year, which levy shall be made by resolution of the board prior to the twentieth day of July. The clerk shall immediately thereafter notify in writing the county auditor of the amount of tax so levied. It shall not have pow r er to abate or reduce the amount of tax so levied after the county auditor has been notified of the amount of such levy. 77. WHEN SCHOOL HOUSES CAN BE USED FOR OTHER PUR- POSES.] It may permit a school house, when not occupied for school purposes to be used under careful restrictions for any proper purpose, giving equal rights and privileges to all religious denomi- nations or political parties, but for any such use or privilege it shall not be at any cost for fuel or otherwise to the district. Nor shall any furniture which is fastened to the floor be removed, and whoever removes any school furniture for any other purpose than repairing the same or for repairing the school room, shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dollars for each offense. All fines imposed and collected under the provisions of this section shall be paid into the general school fund of the state. 78. SCHOOL HOUSES AND SITES HOW DETERMINED.] Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district, or to provide for the children 3