20 305 SCHOOL LAWS OF THE STATE OF IDAHO REVISION OF LAWS EFFEi MAY 8, 1915 ISSUED BY AUTHORITY OF BERNICE McCOY SUPERINTENDENT OF PUBLIC INSTRUCTION STATE OF IDAHO Compiled, Annotated and Indexed by T. C. COFFIN Asst. Attorney General GIFT OF SCHOOL LAWS OF THE STATE OF IDAHO REVISION OF LAWS EFFECTIVE MAY 8, 1915 CL /* L En - ISSUED BY AUTHORITY OF BERNICE McCOY SUPERINTENDENT OF PUBLIC INSTRUCTION STATE OF IDAHO Compiled, Annotated and Indexed by T. C. COFFIN Asst. Attorney General TABLE OF CONTENTS Article. Sections. I State Board of Education 1- 9 II State Supt, of Public Instruction 19-22e III Board of Text Book Commissioners 23-34 IV County Supt. of Public Instruction 35- 45 V School Districts 46-52 VI District Trustees 53-62 VII School Funds and Finances 63-75 VIII School District Bonds 76-84 IX Teachers 85-87 X Certification of Teachers 88-107 XI Teachers' Institutes 108-111 XII Summer Normal Schools 112-121 XIII Independent School Districts 122-133 XIV Rural High Schools 134-141 XV Prevention of Disease 142-145 XVI Compulsory Education 146-151 XVII Proceedings for Correction of Delinquent Children 152-165 XVIII Child Labor Act 166-173 XIX State Library Commission 174-176 XX Public Libraries 177-184 XXI Miscellaneous Provisions 185a-193 XXII Repealing Conflicts 194-195 XXIII Free Tuition , 196-199 381237 IDAHO SCHOOL LAWS ARTICLE I. STATE BOARD OF EDUCATION. Section. 1. State Board of Education: Creation. 2. Same: Membership: Ap- pointment: Qualifications. 3. Same: Transfer of control of institutions: Office. 4. Removal of members: Cause. 5. Same: Meetings. 6. Expenses and compensa- tion of members. 7. Powers and duties of board. 7a. Same: Appointment of Commissioner: Qualifica- tions: Removal. 7b. Same: Rules and Regula- tions. 7c. Same: Supervisory powers. 7d. Same: Appellate body: Leg- islative body. 7e. Same: Budget. 7f. Same: Delegation of dis- cretion to experts. 8. Executive officers: Powers and duties. 8a. Same: In general. 8b. Same: General supervision of schools. 8c. Same: Recommendations to Legislature. Section. 8d. Same: To prepare budget for Legislature. 8e. Same: Supervision of school expenditures. 8f. Same: Supervision of build- ings and constructions. 8g. Same: Supervision of courses of study in state institutions. 8h. Same: Minimum course of study in public schools. 8i. Same: Supervision of text books. 8j. Same: Supervision of Sum- mer Normal Schools. 8k. Same: Certification of teachers. 81. Same: State Library Com- mission. 8m. Same: Conservation of health. 8n. Same: Health supervision. 80. Same: Reports of schools. 8p. Same: Publication of re- ports and statistical ta- bles. 9. Annual report of State Board of Education: Rec- ommendations. State Board of Education Creation, Section 1. That for the general supervision, govern- ment and control of all State educational institutions of this State, to-wit: The University of Idaho, L^ewiston State Normal School, Albion State Normal School, the Academy of Idaho, the Industrial Training School and the School for the Deaf and Blind, and for the general supervision, government and control of any other such State educational institutions, as may now or hereafter be founded, and, further, for the general supervision, govern- ment and control of the public schools of the State, a State Board of Education, which shall also constitute the Board of Regents of the University of Idaho, is hereby created and established, to be known as the State Board of Education and Board of Regents of the University of Idaho. Laws 1913, page 328, Section 1. Cross Reference: Const. Section 2, Article 9; Laws 1913, page 677. Cited: Bank vs. Board of Regents, 26 Idaho 15, 140 Pac. 771. 6 IDAHO SCHOOL LAWS. Same Membership Appointment Qualifications. Sec. 2. Said State Board of Education and Board of Regents of the University of Idaho shall consist of five (5) appointive members and, in addition thereto the State Superintendent shall be ex-officio member of such Board. The Governor of Idaho is hereby empowered, and it is hereby made his duty, not later than the first Monday of April, 1913, to appoint, as members of said State Board of Education and Board of Regents of the University of Ida- ho, five members, one to hold office for one year, one for two years, one for three years, one for four years and one for five years. Annually thereafter, commencing on the first Monday of April, 1914, he shall appoint one member of said board to serve for a period of five years. The Gov- ernor shall fill, by appointment, all vacancies which may occur on the Board, such appointment to be made within thirty days after such vacancy occurs, and to be for the unexpired term of the retiring member ; Provided, That all such members of said Board shall be appointed solely upon consideration of their ability to efficiently serve the interests of the people and of education in this State, without reference to locality, to occupation, to party af- filiation or to religion; Provided, further, That any mem- ber so appointed shall not heretofore have been connected with any of the State educational institutions of this State, either as Regent, member of Board, instructor or student, and shall have been a qualified elector, and tax payer in this State for at least three years prior to the date of his appointment. Said members of said Board, ap- pointed as above provided, shall qualify for office and assume their duties in accordance with existing laws gov- erning similar appointments to and qualifications for of- fice on other State Boards of this State. Laws 1913, page 328, Section 2. Same Transfer of Control of Institutions Office. Sec. 3. Said State Board of Education and Board of Regents of the University of Idaho shall, upon its being established as provided in this Act, assume all powers and perform all duties now held by the Board of Regents of the University of Idaho and by the Boards of Trustees of the other State educational institutions enumera f r Section 1 of this Act. The existing Board of Regents and Boards of Trustees of said educational institutions shall, upon the passage and approval of this Act, surrender and transfer to the State Board of Education and Board of Regents of the University of Idaho, all duties, rights, pow- IDAHO SCHOOL LAWS. 7 ers and immunities granted them under existing laws of this State, together with all property, deeds, records, re- ports and appurtenances of any and all kinds now held by said Boards of Regents under existing laws ; and, there- upon, shall cease to exist as provided by existing laws; and said State Board of Education and Board of Regents of the University of Idaho shall accept and assume all such rights, duties, powers, immunities, property, deeds, records, reports and appurtenances aforesaid and hold the same until the provisions of this Act shall have been amend- ed or repealed. Said Board shall have and maintain its office at the State Capitol. Laws 1913, page 329, Section 3. Removal of Members Cause. Sec. 4. The Governor of Idaho is hereby empowered to remove from membership on said Board of Education and Board of Regents of the University of Idaho, any member who shall have proven himself to be guilty of gross im- morality, malfeasance in office, or incompetency ; but no removal for personal or political reasons shall be valid with- out the concurrence of at least two-thirds of the members of the Senate of this State. Laws 1913, page 329, Section 4. Same Meetings. Sec. 5. Said Board of Education and Board of Regents of the University of Idaho shall hold two regular meetings annually at such time and place as may be directed by said Board, but special meetings may be called at any time and at a place designated in such call by the President. Laws 1913, page 330, Section 5. Expenses and Compensation of Members. Sec. 6. The members of said Board shall be paid all necessary personal and traveling expenses in carrying out the provisions of this Act, and shall also be entitled to receive an honorarium of One Hundred Dollars ($100.00) per year. Said remuneration shall be allowed and paid in accordance with law and from any funds appropriated by the Legislature for the maintenance of said Board. Laws 1913, page 330, Section 5. Powers and Duties of Board. Sec. 7. In addition to the powers and duties provided in Section 3 of this Act, the State Board of Education and 8 IDAHO SCHOOL LAWS. Board of Regents of the University of Idaho shall have the following special duties, powers and responsibilities, to-wit : Laws 1913, page 330, Section 6. Same Appointment of Commissioner Qualifications Removal. Sec. 7a. It shall have power and it shall be its duty to appoint, for such term and at such salary as it may desig- nate, a Commissioner of Education, and, upon recommenda- tion of said Commissioner of Education may appoint such other specialists, assistants, clerks or other executive offi- cers or employees as in its judgment the execution of the work of the Board may demand, and fix the salaries of the same. Said Commissioner of Education shall be chosen upon merit and because of his special fitness to propose and ex- ecute beneficial educational policies for the general super- vision, government and control of the State educational in- stitutions and public schools of this State. The State Board of Education and Board of Regents of the University of Idaho shall have power, upon a two-thirds vote of its mem- bership, to dismiss the Commissioner of Education for cause as defined in Section 4 of this Act. Laws 1913, page 330, Section 6 (1). Same Rules and Regulations. Sec. 7b. It shall have power to make rules and regu- lations for its own government and for the government of its executive officers. It shall assign them their functions and duties, direct them as to their work and be free to change such assignments and directions to meet the neces- sities of the work under their direction. Laws 1913, page 330, Section 6 (2). Same Supervisory Powers. Sec. 7c. It shall determine the policy, direct the work to be undertaken and appropriate from its funds the money necessary to carry out such work. Laws 1913, page 330, Section 6 (3). Same Appellate Body Legislative Body. / Sec. 7d. It shall constitute a final court of appeal 'in all educational controversies, shall perform legislative functions not inconsistent with law and shall delegate to its executive officers the execution of all policies decided upon. Laws 1913, page 330, Section 6 (3). Same Budget. Sec. 7e. It shall prepare a budget of necessary ex- IDAHO SCHOOL LAWS. 9 penditures for the proper maintenance of the department and the carrying on of the necessary investigations and present the same to the Legislature for its approval and shall have control of all moneys so appropriated. Laws 1913, page 331, Section 6 (3). Same Delegation of Discretion to Experts. Sec. If. In all matters which involve a new policy and new methods for procedure, the experts shall report back to the Board for instructions; but, once having given these instructions, the execution of them shall be left to the experts whom the Board employs. Laws 1913, page 331, Section 6 (4). Executive Officers Powers and Duties. Sec. 8. Acting through its own executive officers, the State Board of Education and the Board of Regents of the University of Idaho shall, Laws 1913, page 331, Section 7. Same In General. Sec. 8a. Perform all duties prescribed by the State School laws of this State, not inconsistent with the pro- visions of this Act ; Laws 1913, page 331, Section 7 (1). Same General Supervision of Schools. Sec. 8b. Exercise supervision and inspection over all departments of public education supported in whole or in part by State funds of this State, enforce the school laws of the State; Laws 1913, page 331, Section 7 (1). Same Recommendations to Legislature. Sec. 8c. Study the educational conditions and needs of the State; and approve all proposed changes or addi- tions to existing school laws and recommend to the Legis- lature all such needed changes in existing laws or addi- tional legislation. Laws 1913, page 331, Section 7 (1). Same To Prepare Budget for Legislature. \ Sec. 8d. It shall, prior to each meeting of the State Legislature and in ample time for due consideration by said Legislature, prepare a financial budget setting forth the financial needs of all State educational institutions under 10 IDAHO SCHOOL LAWS. its supervision and control for th'e period for which appro- priations are to be made. Laws 1913, page 331, Section 7 (2). Same Supervision of School Expenditures, Sec. 8e. It shall supervise, direct and control all expenditures of funds appropriated for the maintenance and improvement of State Educational Institutions as desig- nated in Section 1 of this Act. Laws 1913, page 331, Section 7 (2). Sajrfe Supervision of Buildings and Constructions. Sec. 8f. It shall supervise, direct and control all ^ plans and specifications for such improvements, including construction or alteration of buildings, equipment, fixtures, apparatus and supplies, and through its proper executive officers superintend the construction work connected with such improvements. Laws 1913, page 331, Section 7 (2). Same Supervision of Courses of Study In State Institutions. Sec. 8g. It shall classify, standardize and define the limits of all instruction in the State Educational Institutions of the State and promote the efficiency, harmonize the educa- tional interests and, so far as practicable, prevent wasteful duplication of effort in such institutions. Laws 1913, page 331, Section 7 (3). Same Minimum Course of Study in Public Schools. Sec. 8h. It shall prescribe the minimum course of study for the public schools of the State. Laws 1913, page 331, Section 7 (3). Same Supervision of Text Books. Sec. 8i. It shall determine how and under what regulations text books shall be adopted for the use of such schools; determine whether or not text books shall be free and prescribe the regulations under which such text books may be provided. Laws 1913, page 331, Section 7 (3). Same Supervision of Summer Normal Schools. Sec. 8j. It shall supervise, govern and direct the work of the State Summer Normal Schools and Teachers' Institutes; decide as to the number and location of such schools and Teachers' Institutes ; establish or approve pro- fessional schools in accordance with law and determine the IDAHO SCHOOL LAWS. 11 credit which may be granted for all work done in such schools. Laws 1913, page 332, Section 7 (4). Same Certification of Teachers. Sec. 8k. Shall have entire supervision and control of the certification of teachers in accordance with law and shall have authority to modify or simplify at its discretion 1 he procedure in carrying out the provisions of law. Laws 1913, page 332, Section 7 (5). Same State Library Commission. Sec. 81. Supervise, govern and direct the State Library Commission and adopt such regulations for its administra- tion as may contribute to its efficiency in the service of the people and in promoting the educational welfare of the State. Laws 1913, page 332, Section 7 (6). Same Conservation of Health. Sec. 8m. In co-operation with other departments of the State Government, the Board shall see to it that the rules relating to schools, health, compulsory education, child labor and child conservation are enforced, and, in addition, thall plan an active campaign for the public conservation of childhood. Laws 1913, page 332, Section 7 (7). Same Health Supervision. / Sec. 8n. In co-operation with the State Board of Health, shall standardize sanitary appliances, school furni- ture, school equipment and supplies and school buildings; shall provide for an efficient system of health supervision, medical inspection and physical development work in all public schools, and prepare and adopt such rules and regu- lations as will provide for the effective administration of such system. It shall, if deemed advisable, set aside such school funds as may be found necessary to prop'erly adminis- ter such system. Laws 1913, page 332, Section 7 (8). Same Reports of Schools. Sec. 80. It shall standardize, approve or compile and adopt for use in all State institutions and public schools of the State ,a system of reports covering all essential phases of administration of such educational work and shall en- force the use of such adopted forms for reports. Laws 1913, page 332, Section 7 (9). 12 IDAHO SCHOOL LAWS. Same Publication of Keports and Statistical Tables. Sec. 8p. At such times as may be deemed advisable, and consistent with its financial ability so to do, it shall pre- pare and order published such reports, including statistical tables, as may constitute a contribution to the general edu- cational welfare of the State, and shall provide for the distribution of the same. Laws 1913, page 332, Section 7 (10). Annual Eeport of State Board of Education Recommendations. Sec. 9. The president and secretary of said State Board of Education and Board of Regents of the University of Idaho shall, on the first day of January of each year, trans- mit to the Governor of the State, and to the Legislature at its regular session, a report of the doings of said Board, setting forth a full report of the expenditures of the same for the previous year, giving each item in full, and the date thereof, and such recommendations as they deem proper for the good of the State educational institutions and public schools of the State. Laws 1913, page 332, Section 8. Annotator's Note: The annotator has omitted from this compilation Article 1 of Chapter 159 of the Session Laws of 1911, being Sections 2 to 18 thereof, on the ground that the powers exercised by the State Board of Education under the terms of Chapter 77 of the Session Laws of 1913 cover all powers given the Board as it existed prior to the amendment of Section 2, Article 9 of the Constitution. Sections 9 to 11 of Chapter 77 of the Session Laws of 1913 have been omitted as being merely formal sections of the Act, and not relevant here. AKTICLE II. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. Section. Section. 19. Election: Qualifications: 22c. Same: Financial report on Bond: Oath of office. schools: Recommenda- 20. Office: Duties: Seal. tions. 21. Meetings with Superintend- 22d. Same: Inspection of ents. schools: Correspondence 22a. Duties in general: Execu- with other states. tive Officer State Board of 22e. Expenses of State Superin- Education. tendent. 22b. Same: Printing of supplies and laws. Election Qualifications Bond Oath of Office. Section 19. There shall be elected biennially, by the qualified electors of the State, a State Superintendent of Public Instruction, who shall reside at the seat of govern- ment, and shall perform such duties as are prescribed by IDAHO SCHOOL LAWS. 13 the constitution and laws of the State. No person shall be a candidate for the office of State Superintendent who does not hold a valid State or State Life Certificate, and who is not at the time of nomination a graduate of an approved normal school, college, or university as determined by the State Board of Education, and is also actively engaged in educational work in the State public schools or in the State educational institutions. Before entering upon the duties of his office, the State Superintendent of Public In- struction shall take and subscribe to the oath prescribed by the constitution, and execute a bond in the penal sum of Two Thousand Dollars ($2,000.00), payable to the State of Idaho, with sureties to be approved by the Governor, conditioned upon the faithful performance of his official duties, and the delivery to his successor of all books, papers, documents or other property belonging to the office. Said bond and oath shall be deposited with the Secretary of State. Laws 1913, page 435. Formerly Laws 1911, page 489. Office Duties Seal. Sec. 20. He shall have an office at the Capitol, where a seal shall be kept which shall be the official seal of the State Board of Education by which all official acts may be au- thenticated, and all records, books and papers pertaining to the business of this office. He shall file all papers, reports and public documents transmitted to him by the County Superintendents of the several counties, and hold the same in readiness to be exhibited to the Governor, or to any Committee of any House of the Legislature, or to any citi- zen of the State. Laws 1911, page 490. Cross References: Const. Art 4, Sec. 1. Salary: Revised Codes, Sec. 274. Meetings With Superintendents. Sec. 21. He shall summon the County Superintendents, or the City Superintendents and District Principals of Grad- ed Schools, of each judicial district, or of two or more dis- tricts combined, to meet jointly or separately at such time and place as he shall appoint, giving them due notice of such meeting. The object of such meetings shall be to dis- cuss school organization, school supervision, and such other matters as may properly come before such meetings. The term "District Principal" means the head teacher of a graded school of four or more teachers, but smaller than a Class A Independent District school, whether such 14 IDAHO SCHOOL LAWS. school be maintained under Article V or under Article XIII of this Act. Laws 1911, page 490. Duties in General Executive Officer State Board of Education. Sec. 22a. He shall be the executive officer of the State Board of Education and shall enforce their rules and regulations, and as such executive officer shall see that all matters requiring the decision of the Board are promptly placed before them for decision, anl shall faithfully execute all duties devolving upon said Board through their 'execu- tive officer. Laws 1911, page 490. Same Printing of Supplies and Laws. Sec. 22b. He shall prepare, have printed and fur- nished, through the County Superintendents, to all officers charged with the administration of the laws relating to the public schools, and to teachers, such blank forms and books as are needed or required to be used in the discharge of their duties. He shall have the law relating to the pub- lic schools printed in pamphlet form and shall supply school officers, school libraries and State libraries with one copy each of said pamphlets; said printing to be paid for on the warrant of the Auditor out of the general fund, on bills approved by the State Board of Examiners. Laws 1911, page 490. Same Financial Report on Schools Recommendations. Sec. 22c. He shall, on or before the first day of December in every year preceding a regular session of the Legislature, report to the Governor the condition of the pub- lic schools, the amount of the State School Fund apportioned and sources from which derived, with such suggestions and recommendations, relating to the affairs of his office as he may think proper. Laws 1911, page 491. Same Inspection of Schools Correspondence With Other States. Sec. 22d. It shall be his duty to visit annually such counties of the State as most need his personal attention, and all counties if practicable, for the purpose of inspecting the schools and awakening and guiding public sentiment in relation to the practical interests of education. He shall open such correspondence as may enable him to obtain all necessary information relating to the system of public educa- tion in other states. Laws 1911, page 491. IDAHO SCHOOL LAWS. 15 Expenses of State Superintendent. Sec. 22e. All office, fuel, furniture, books, postage, stationery and other contingent expenses pertaining to his office, shall be furnished in the same manner as those of other departments of the State government. Laws 1911, page 491. ARTICLE HI. BOARD OF TEXT BOOK COMMISSIONERS. Annota tor's Note: Article III of Chapter 159, Laws 1911, which pro- vided for the appointment of a text book commission and defined its powers and duties was repealed by the Laws of 1913, page 452. The powers given said text book commission as to text books were given to the State Board of Education created by the Laws of 1913, page 328. See Section 8 of this compilation. Sections 23 to 34 inclusive, therefore, do not appear in this compilation. ARTICLE IV. COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION. Section. 40. Same: Records: Register of teachers: Instructions of State Board of Education. 41. Same: Teachers' examina- tions: Permits. 42. Same: Expenses of exam- inations. 43a. Same: Annual report to State Superintendent. 43b. Same: School district boun- daries. 44. Same: Appointment of school trustees. 45. Same: Failure to make an- nual report: Penalty. Section. 35. Election: Residence: Term of office. 36. Oath: Bond: Qualifications. 37a. Duties: Supervision of schools: Class A Inde- pendent districts exempt- ed. 37b. Same: Supervision by State Board of Education. 37c. Same: Teachers' meetings. 37d. Same: Office days. 37e. Same: Assistants: Office hours. 38. Same: Office: Supplies. 39. Same: Supervision of build- ings: Sanitation and equipment of school prop- erty. Election Residence Term of Office. Section 35. There shall be elected in each county in the State of Idaho, at the general election, a Superintend- ent of Public Instruction, who shall reside at the county seat of the county in which he is elected, and who shall hold his office for a term of two (2) years, from and after his taking charge of the same, and until his successor has been elected and qualified. Laws 1911, page 496. Cross References: Const. Art. 18, Sec. 6, Amended Laws 1913, page 677. Salary: Laws 1911, page 346. 16 IDAHO SCHOOL LAWS. Oath Bond Qualifications. Sec. 36. Before entering upon the duties of his of- fice, the County Superintendent of Public Instruction shall take and subscribe the oath prescribed by law, and execute a bond, payable to the State of Idaho, with two (2) or more sureties to be approved by the Board of County Commissioners, in the penal sum of not less than Two Thousand Dollars ($2,000.00), conditioned upon the faithful performance of his official duties, and the de- livery of all moneys and property received by him as such superintendent to his successor in office, which official bond, together with his official oath, shall be filed in the office of the County Recorder, not later than the second Monday in January, next after election; Provided, That no person shall be eligible to the office of County Superin- tendent of Public Instruction unless he be, at the time of his nomination or appointment a qualified 'elector of the county from which he is nominated or appointed, of the age of twenty-five (25) years, a. holder of a State or State Life Certificate, a teacher of not less than two years' act- ual experience and service as a teacher in the schools of Idaho, one of which year's experience must have been while holding a valid certificate of a grade not lower than a State certificate; all of which aforesaid qualifications must be in force at the time of nomination or appointment. Laws 1913, page 435. Formerly Laws 1911, page 496. Duties Supervision of Schools Class A Independent Districts Exempted. Sec. 37'a. The County Superintendent of Public In- struction shall have charge and supervision of the public schools of his county with the exception of the Class A In- dependent School Districts, and it shall be his duty to visit the other public schools in the county at least once during each school year and remain at said public school at least one-half (1-2) day; at such visits, he shall carefully observe the methods employed by the teacher in giving instruction in the several branches taught; the manner of discipline and government, the classification of the pupils, and general management of the school, and shall give the school such instruction and encouragement as he deems for the best interests of all concerned, and he shall make such sugges- tions to the teacher in private as, in his judgment, will render the said teacher more efficient, and promote the general educational interests of the district. Laws 1911, page 497. IDAHO SCHOOL LAWS. 17 Same Supervision By State Board of Education. Sec. 37b. He shall perform such other supervisory duties as shall be directed by the State Board of Education. Laws 1911, page 497. Same Teachers' Meetings. Sec. 37c. It shall be his further duty to organize a meeting of the teachers of the schools under his supervision, for the purpose of exchangeing ideas of professional interest, for the study of methods, and for general culture. Laws 1911, page 497. Same Office Days. Sec. 37d. The County Superintendent shall desig- nate at least five (5) days in the month when he may be found in his office. Laws 1911, page 497. Same Assistants Office Hours. Sec. 37e. The County Superintendent shall be em- powered to employ such assistant or assistants as the work of his office may require, said assistant or assistants shall receive such remuneration as may be fixed by the Board of County Commissioners, which remuneration shall be paid quarterly in the same manner as the salaries of county of- ficers are paid. The County Superintendent shall ke ( ep his office open from nine (9) o'clock A. M. until five (5) o'clock P. M. each week day. Laws 1911, page 497. Cross Reference: Power to appoint deputies. See Const. Art. 18, Sec. 6, amended Laws 1913, page 678. No county officers save sheriff, assessor, auditor, recorder, clerk of the district court and treasurer are entitled to deputies and clerical assistance at the expense of the county. Fremont County vs. Brandon, 6 Ida. 482; 56 Pac. 264. Same Office Supplies. Sec. 38. The County Commissioners shall furnish the County Superintendent of Public Instruction with an office in the county seat, shall furnish him with all necessary of- fice furniture, including seal, blank books, stationery, post- age, expressage, all blanks necessary for his office, and all blank books and blanks necessary for the use of the trustees and teachers in the discharge of their respective official duties within his county ; Provided : That the forms used for all such blank books and records shall be such as are pre- scribed by the State Board of Education. Laws 1911, page 498. 18 IDAHO SCHOOL LAWS. Same Supervision of Buildings Sanitation and Equipment of School Property. Sec. 39. He shall have power to require the trustees in any district to conform to the rules and regulations pre- scribed by the State Board of Education providing for the erection, equipment, sanitation and care of public school property; Provided: That there is a sufficient amount of money in the treasury to the credit of the district to put into effect the requirements of this Section. Laws 1911, page 498. Same Eecords Register of Teachers Instructions of State Board of Education. Sec. 40. He shall keep a complete record of all his of- ficial acts; preserve all blanks, maps, charts and apparatus sent him as such officer, and file all papers, reports and state- ments from teachers and school boards; keep a register of all teachers employed in his county, giving name of teach- er, number of district, salary per month, grade of certificate, and date of superintendent's visit. He shall obey the legal instruction of the State Board of Education. Laws 1911, page 498. Same Teachers' Examinations Permits. Sec. 41. He shall hold four (4) regular examinations in each year as provided in Section 89, Article 10 of this Act for the purpose of examining all persons who may offer themselves as teachers in the public schools. It shall be the duty of the County Superintendent to give at least fifteen (15) days' notice before all regular public examinations in some newspaper published in the county. He shall have authority to issue permits in accordance with the provisions of this Act. Laws 1911, page 498. Same Expenses of Examinations. Sec. 42. The County Superintendent shall be allowed all necessary expenses incurred in holding examinations for teachers and eighth grade pupils, for blanks, books, station- ery, pens, ink, and for assistance in grading eighth grade examination papers, such assistants not to exceed two (2) in number, who shall receive as compensation Four Dollars ($4.00) per day, such expense to be paid out of the current expense fund of the county. Laws 1911, page 498. IDAHO SCHOOL LAWS. 19 Same Annual Report to State Superintendent. Sec. 43a. He shall, on or before the first day of October in each year, make and transmit an annual report to the State Superintendent for the fiscal year ending June 30, next preceding, which report shall contain an abstract of all reports made to him by the district clerks of the several districts of the county, together with such statis- tics, items and statements, relative to the schools of the county, as may be required and prescribed by the State Superintendent. Such reports shall be made upon and conform to the blanks furnished by the State Board of Education for that purpose. Laws 1911, page 499. Cross Reference: Failure to report: Penalty. See Sec. 45. Same School District Boundaries. Sec. 43b. He shall require and ascertain whether the boundaries of the school districts in his county are definite- ly and plainly described in the records of the Clerk of the Board of County Commissioners, and keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting or incorrectly de- scribed, he shall report such fact to the Board of County Commissioners at their regular meeting in July, and such Board shall immediately take such steps as are necessary to change, harmonize, and clearly define them. The County Superintendent, if he deem it necessary for the guidance of school census marshals, may order th'e description of the district boundaries printed in pamphlet form, to be paid out of current expense fund of the county. Laws 1911, page 499. Same Appointment of School Trustees. Sec. 44. The County Superintendent shall appoint trustees for all newly organized school districts, who shall serve until the next regular election, and shall fill all vacan- cies that may occur in the Board of Trustees of a district by reason of death, resignation or otherwise, and such appoint- ment shall hold until the next regular election. Laws 1911, page 499. Cross Reference: Election of trustees. See Sec. 54b. Same Failure to Make Annual Report Penalty. Sec. 45. If the County Superintendent fails to make a full and correct report to the State Superintendent of Public Instruction of all statements required by law to be made, he forfeits the sum of One Hundred Dollars ($100.) 20 IDAHO SCHOOL LAWS. from any moneys due him from the county, and the Board of County Commissioners is hereby authorized and required to deduct therefrom the sum aforesaid upon information from the State Superintendent of Public Instruction, that such reports have not been made. Laws 1911, page 499. Cross Reference: Annual report to State Superintendent. See Sec. 43a. ARTICLE V. SCHOOL DISTRICTS. (For Independent School Districts see Article XIII.) Article V applies only to Common School Districts, and in no sense to Independent School Districts. Wood vs. Independent School District, 21 Ida. 734; 124 Pac. 780. Section. 46. School districts: Corporate name. 47a. Creation and change of boundaries of school dis- tricts: Petition. 47b. Petition for creation of district: Signers. 47c. Consolidated districts: For- mation: Apportionment. 47cc. Division and change of boundaries of districts: Limitation. 47d. Pupils attendance in other than home district. 48. Notice of filing of peti- tion: Duty of County Superintendent. 49. Petition: Action of County Commissioners. Section. 49a. Consolidation with Inde- pendent School Districts. 49b. Same: Election. 49c. Same. 49d. Consolidated districts be- come Independent Dis- tricts. 49e. Same: Directors. 50. Joint districts: Formation: Corporate name. 50a. Same: Joint Independent and Rural High School districts. 5 Ob. Same: Division by creation of county. 51. Apportionment to new dis- tricts. 52. Lapsed districts: Sale of property. School Districts Corporate Name. Section 46. Each regularly organized school district in this State is hereby declared to be a body corporate by the name and style of "School District Number , in the County of State of Idaho;" and in that name the trustees may sue and be sued, hold and convey property for the use and benefit of such district, and make contracts the same as municipal corporations in this State. Laws 1911, page 500. A school district is not a municipal corporation within the meaning of Section 6, Article 7 of the Constitution. Fenton vs. Board, 20 Ida. 392; 119 Pac. 41. A school district is not a municipal corporation within the meaning of the "Anti-Nepotism Act" of 1915, Laws of 1915, page 40. Barton vs. Alexander, 27 Ida. . Creation and Change of Boundaries of School Districts Petition. Sec. 47a. The Board of County Commissioners may, at any regular meeting of said Board, create new districts, or change the boundaries of existing districts, or attach to IDAHO SCHOOL LAWS. 21 one or more districts, the territory of any district which shall have lapsed for any reason. All proceedings under this Sec- tion shall be commenced by petition, which must be filed in the office of the County Superintendent at least twenty (20) days preceding the meeting of the Board of Commissioners, at which it is to be presented. All petitions, either for the formation of a new district or any other change of bound- aries, shall set forth in general terms the proposed changes and shall be accompanied by, and refer to, a map showing all existing boundaries of districts affected and all proposed new boundaries which will be established by the granting of such petition. Laws 1913, pages 436 and 462. Formerly Laws of 1911, page 500. Annota tor's Note: The above section was twice amended in 1913, but as subdivision (a) is the same in both amendments, reference to both is made. The County Commissioners have no authority under this section to change the boundaries of or divide Independent School Districts. Wood vs. Independent School District, 21 Ida. 734; 124 Pac. 780. The Board of County Commissioners of a county in which a portion of a joint school district is situated have authority, under this section, to create a common school district out of such portion. Bobbitt vs. Blake, 25 Ida. 53; 136 Pac. 211. A new school district created out of an existing district should not be charged with any of the bonds of the old district, nor should the County Superintendent apportion any of such bonds to the new district. Opinion Attorney General D. L. Rhodes, 9-10-' 14. Petition For Creation of District Signers. Sec. 47b. A petition for a new district to be created out of unorganized territory, or to be created by the division of one district only, shall be sufficient if signed by the par- ents or guardians of ten (10) or more children of school age who are residents of the proposed new district, and no further signers shall be required. In all other cases excepting a proposed union of contiguous districts; pro- posing a change of boundaries of any district, the petition therefor must be signed by at least two-thirds (2-3) of those who are heads of families and residents of each of the districts whose boundaries will be affected by Jthe change. No such change of boundaries or organization of a new district shall take effect until the opening of the next school year, to-wit, the second Monday of September following said organization. Laws 1913, page 436. Formerly Laws 1911, page 500. Annotator's Xote: The later amendment of this section found at page 463 of the 1913 Laws is thought not to be in effect. This amend- ment gave to the County Commissioners authority to change the boundaries of and divide Independent School Districts, upon petition and without a vote of the district. This in effect was an amendment (but without reference thereto either in the title or body of the act) of Article XIII hereof, which the Supreme Court in Wood vs. Independ- 22 IDAHO SCHOOL LAWS. ent School District, 21 Ida. 734; 124 Pac. 780, held governed Independ- ent School Districts to the exclusion of Article V in which this section appears. Laws of 1913, page 463, and Article XIII of the School Code (Laws 1911, Chapter 159) are in direct conflict, and upon the reason- ing of the Supreme Court in the case above cited it is thought that Article XIII is controlling. The dicta of the Supreme Court in School District vs. Elaine County, 26 Ida. 285; 142 Pac. 41, is thought to have been given without its attention being directed to the above conflict. For these reasons the Attorney General has held that the amendment to Section 47b appearing at page 463 of the 1913 Session Laws is void. For the purpose of voting bonds to build and equip a school house the organization of a school district is complete as soon as the order of the County Commissioners is made, and it is not necessary to wait until the opening of the next school year. Opinion Attorney General J. L. Richards, ll-6-'13. Consolidated Districts Formation Apportionment. Sec. 47c. Two or more districts lying contiguous may, upon petition of a majority of the heads of families residing in each of said districts, be united to constitute one (1) district. Such districts when so united to constitute one district, and all school districts, whether they have been made up by uniting several districts or where they constitute one large district, maintaining a central school and also schools in other parts of the district are hereby defined to be a consolidated school district. Provided, further, That in consolidated school districts the Board of Trustees may, at their discretion when found neces- sary, provide for the conveyance of pupils living in dis- tant and remote parts of the district to the respective school and pay for the same out of the moneys obtained from the regular school levy. For the purpose of uniformity and apportionment, all plans for and of existing consolidated school districts, and those hereafter to be consolidated, shall be submitted to the State Board of Education for indorsement, and no school district or districts shall be regarded or treated as a consolidated district, or receive its apportionment under Section 67 of Chapter 159 of the 1911 Session Laws, unless it receives such indorsement. The said indorsement shall be made a matter of record in the office of the State Board of Education and in the office of the County Superintendent of Public Instruction. Laws 1913, page 437. Formerly Laws 1911, page 500. Aimotator's Note: This subdivision as it appears in Laws 1913, page 463, is thought not to be in effect for the reason that House Bill 43 in which it appears, was directed at the amendment of subdivision (b) only, and this subdivision was copied directly from the law as it existed in 1911, without reference to its prior amendment in 1913. Division and Change of Boundaries of Districts Limitation. Sec. 47cc. No district containing less than nine IDAHO SCHOOL LAWS. 23 (9) square miles shall be divided either for the purpose of forming a new district or any other change of boundaries, except on approval of the County Superintendent of Schools, and a unanimous vote of the Board of County Com- missioners. No district shall be divided and territory taken therefrom either for the formation of a new district or for any other purpose if the remainder of the district will con- tain less than fifteen (15) persons of school age. No in- corporated cities or towns shall hereafter b'e divided into two (2) or more districts. Laws 1913, page 437, Sec. 47c.. Formerly Laws 1911, page 500. Annotator's Note: See note to Sec. 47c supra. Pupils Attendance In Other Than Home District. Sec. 47d. W nenever ^ sna ^ appear that a pupil liv- ing in one district cannot attend school in his or her own district because of the distance of the school house, or for any other valid reason, such pupil may attend the school in any district in the county in which his or her own district is situated, upon making the proper application to the County Superintendent, which official shall be the judge of the necessity for making such change, and the district shall receive for such pupil's tuition, from such pupil's district, such an amount as said pupil would be accredited with in his or her own district. Laws 1913, pages 437 and 463. Formerly Laws 1911, page 501. Annotator's Note: This subdivision is the same in both of the 1913 amendments to Section 47 appearing at pages 437 and 463 respectively. Notice of Filing of Petition Duty of County Superintendent. Sec. 48. It shall be the duty of the County Superin- tendent, upon receipt of any petition as herein provided for, to give notice immediately to all parties interested, by send- ing notice by registered mail to each of thfc trustees of the district to be affected by such change or changes; and by causing printed notices to be posted in at least three (3) public places in the district so affected, one of which shall be on the door of the school house in said district, for at least one (1) week. Such notice must state the change or changes to be made in said district, that the said petition is on file in the office of the County Superintendent, and that the same will be presented to the Board of County Commissioners at its next regular meeting for final action. The Superintend- ent must transmit the said petition to the said Board with his approval or disapproval, and, if he approve the same, he may note such change in the boundaries as in his judg- ment shall be for the best interests of all parties concerned. Laws 1911, page 501. 24 IDAHO SCHOOL LAWS. Petition Action of County Commissioners. Sec. 49. The Board of County Commissioners shall act upon the same at its next regular meeting. If such peti- tion be granted it may be in accordance with the original prayer or with such modifications as the Board may choose to make. Laws 1911, page 501. Consolidation With Independent School Districts. Sec. 49a. Whenever a majority of the heads of fam- ilies who are residents of any common or independent school district within the State of Idaho shall petition the board of County Commissioners to be annexed to any adjoining independent school district, it shall be the duty of the Coun- ty Commissioners through the clerk of the said board to cause notice of the filing of such petition to be made in the district affected thereby, by posting same in three public places in each district, one of which said places shall be on the door of the school house, and by publishing the same at least once a week for four consecutive weeks in the news- paper deemed by said County Commissioners most likely to give notice to the residents of said districts; said notice shall state the substance or prayer of the petition and shall specify 'a date upon which the same shall be voted upon in each of the school districts affected thereby, which said date shall not be earlier than thirty days from the date of the first publication of the notice in the news- paper as heretofore provided. Laws 1915, page 145, Sec. 1. Same Election. Sec. 49b. Upon the date specified in said notice of election there shall be an election held in each district af- fected by the proposed consolidation, and if a majority of those voting in each district vote in favor of such consolida- tion, the County Commissioners shall, upon the certification of the result thereof to them by the district trustees of the respective districts, declare the said districts consolidated. Laws 1915, page 145, Sec. 2. Same. Sec. 49c. The election provided in the preceding sec- tion shall be held in all respects as other elections are held under the provisions of the school laws of the State of Idaho. Laws 1915, page 146, Sec. 3. IDAHO SCHOOL LAWS. 25 Consolidated Districts Become Independent Districts. Sec. 49d. Any districts consolidated under the pro- visions of this Act shall thereafter become independent school districts. Laws 1915, page 146, Sec. 4. Same Directors. Sec. 49e. When two or more districts are consolidat- ed if one is an independent school district Class A, the di- rectors of such independent school district Class A shall be directors of the consolidated district. If none of the Con- solidating districts is an independent school district Class A, then the directors of the independent district employing the greater number of teachers shall serve as directors of the consolidated district until the next annual election. Laws 1915, page 146, Sec. 5. Joint Districts Formation Corporate Name. Sec. 50. A Joint School District may be formed from territory belonging to two (2) or more contiguous counties. For the purpose of organizing a joint district the same pre- liminary steps must be taken, and the same course pursued as in the organization of other districts as provided in Sections 47 and 48 of this Act. Such districts shall be designated as "Joint District No of the Coun- ties of ," and be so numbered that it shall have the same number in all the counties from which it was formed. The petition required by Section 47 shall be made to each County Superintendent interested; Provided: That the school census, the record of attendance at school, the as- sessing of property, the collection of taxes, and all acts which, from their nature, shall be separately kept, shall be kept and done, and the report thereof made as if each por- tion of said district were an entire district in the respec- tive counties. The teacher of such joint district shall not be required to hold a certificate in both counties. Laws 1911, page 501. The County Commissioners of a county in which a portion of a joint school district is located may segregate such portion and form the same into a common school district. Bobbitt vs. Blake, 25 Ida. 53; 136 Pac. 211. Same Joint Independent and Rural High School Districts. Sec. 50a. A Joint Independent School District, or a Joint Rural High School District, may be formed from ter- ritory (or in case of Joint Rural High School Districts, from School Districts) belonging to two or more contiguous 26 IDAHO SCHOOL LAWS. counties. For the purpose of organizing such joint districts the same preliminary steps must be taken, and the same course pursued as in the organization of like districts lying wholly within the boundaries of a single county. Such dis- tricts shall be designated as, "Joint Independent School Dis- trict No..... of the Counties of ," or, "Joint Rural High School District No of the Counties of ," and be so numbered that it shall have the same number in all the counties out of whose territory such district is formed. The proceedings for its formation shall be had in each county or district in- terested ; Provided; That the school census, the record of at- tendance at school, the assessing of property, the collection of taxes, and all acts which, from their nature, shall be separately kept, shall be kept and done, and the report thereof made as if each portion of said district were an en- tire district in the respective counties. It shall be sufficient for teachers of such joint district to be qualified in either of the counties whose territory comprise the same. Laws 1913, page 467, Sec. 1. Same Division By Creation of County. Sec. 50b. No county division or change of county boundaries shall abolish or disorganize such districts existing at the time of such division or change, but it shall be the duty of the Board of County Commissioners of the respective counties affected thereby to rename the same as a joint district as required in Section 1 of this Act, and such renamed joint district shall in all things be considered a continuation of the existing district. Laws 1913, page 468, Sec. 2. Apportionment to New Districts. Sec. 51. All new districts formed of unorganized ter- ritory shall be entitled to their just proportion of school moneys at the next apportionment, and the County Super- intendent shall place the same to the credit of such district ; Provided'. That in no case shall such district be entitled to use the same unless school has commenced therein, and six (6) months shall not have elapsed since the date of its or- ganization; Provided, further; If any new district is organized from any part of any other organized district or districts, as provided in this Chapter, the County Super- intendent, after having ascertained the amount of moneys belonging to said old district or districts and deducting said indebtedness and liabilities, must apportion to said new dis- trict, exclusive of bonded indebtedness, its due per capita IDAHO SCHOOL LAWS. 27 proportion of money or indebtedness, as the case may be, from said districts from which it may be formed. And, in case of joint districts, the County Superintendent must ap- portion to such district such proportion of the school money to which such district is entitled as the number of school children residing in that portion of the district situated in his county bears to the whole number of school census chil- dren in the whole district. Laws 1911, page 502. See School District vs. Elaine County, 26 Ida. 285; 142 Pac. 41. Lapsed Districts Sale of Property. Sec. 52. If any school district shall, for the period of one (1) year, fail to maintain a school for at least four (4) school months, or keep up its organization of officers, as is required by law, or if there has been an average attendance for three (3) consecutive months of only five (5) pupils or less, such district shall lapse, and the money in the treasury of the county belonging thereto shall be apportioned by the County Superintendent among the other districts in the same manner as other moneys are apportioned. The property of any school district that shall lapse shall be sold by the Coun- ty Superintendent in such manner as he shall deem best. The proceeds of such sale, after the payment of any in- debtedness of said district, shall be placed to the credit of the general school fund. The territory included within the boundaries of the said school district shall, by order of the County Commissioners, be attached to one (1) of more school districts. Laws 1913, page 438. Formerly Laws 1911, page 502. 28 IDAHO SCHOOL LAWS. ARTICLE VI. DISTRICT TRUSTEES. Section. 53. Board of Trustees: Qualifi- cations: Oath of office: Chairman: Clerk. 54a. Annual school meeting: Notice by clerk. 54b. Same: Election of trustees. Qualifications of electors. 54c. Same: Levy for special tax: Qualifications of voters: Joint school districts. 54d. Same: Length of school term: Quarantine. 54e. Same: Business to be trans- acted: Power of trustees to make levy. 54f Same: Notice by County Superintendent. 55. Trustees to qualify. 56. School Taxes: Collection. 57. Meetings of board of trus- tees. 58. Trustees: General duties. 58a. Same: Employment of teachers. 58b. Same: To fix teachers' compensation. 58c. Same: To fix clerk's com- pensation. 58d. Same: To fix rate of tui- tion: Free tuition. 58e. Same: To discharge teach- ers. pu- Section. 58f Same: Contracts with teachers: Duties. 58g. Same: Corporate powers: Construction contracts: Removal of school sites: Prohibited contracts. 58h. Same: To provide neces- sary furniture: Janitor service, etc. 58i Same: To provide school library. 58j. Same: Clerk to keep rec- ord. 58jj. Same: pils: 58k. Same: clerk. 581. Same: Election of rela- tives as teachers. 58m. Same: Employment of at- torneys. 58n. Same: Attendance at meet- ings. 59. Flag: Trustees to provide. 60. Non-resident pupils: At- tendance: Conditions. 61. Annual financial report: Publication and posting. 62. Meetings called by County Superintendent: Expenses of delegates. Insubordinate Dismissal. Census: Duties of Board of Trustees Qualifications Oath of Office Chairman Clerk. Section 53. The Board of Trustees of each school dis- trict shall consist of three (3) members, who shall be at the time of their election or appointment qualified electors and residents of such school district, one (1) of whom shall be elected at each regular school election for a term of three years, so that but one (1) trustee shall retire in any year. Each trustee shall, before entering upon the duties of his office, take and subscribe the official oath, which must be filed in the office of the County Superin- tendent. Immediately- 'after their election and qualifica- tion, they must elect from their number a chairman and a clerk, Provided : That if any trustee after his election or appointment and during his term shall remove from the school district in which he was appointed or elected and cease to be a bona fide resident of said district, then his of- fice as a member of the Board of Trustees shall thereby become vacant and his successor shall be immediately ap- pointed and qualify as provided by law and such appointee IDAHO SCHOOL LAWS. 29 shall hold office until the next school election for trustee of said district. Laws 1913, page 438. Formerly Laws 1911, page 503. Annual School Meeting Notice By Clerk. Sec. 54a. The annual school meeting for the trans- action of the school district business in districts other than Independent School Districts shall be held on the third Monday in April. The Clerk of the Board of Trustees shall cause notices to be posted, using blanks provided by the County Superintendent for that purpose, specifying the time and the place of such meeting and what business shall be transacted at said meeting. Said notices shall be posted in three (3) public places in the district, one (1) of which shall be the school house, if there be one, at least ten (10) days previous to the time of the meeting. If the Clerk fails to give such notice, then any two legal voters residing in the district may give such notice over their own names, and such annual meeting may be held after the day fixed in this Section for such annual meeting. , Laws 1915, page 213. Formerly Laws 1911, page 503; Laws 1912, page 49; Laws 1913, pages 363 and 439. Same Election of Trustees Qualifications of Electors. Sec. 54b. All elections of trustees shall be by bal- lot; the polls shall be opened by one of the Board of Trus- tees, or by any qualified elector if no trustee be present, at the time specified in the notice. If no time is specified in the notice, then the polls shall be opened at one (1) o'clock P. M., and closed at five (5) o'clock P. M. of the same day. Said election shall be conducted as any other county elec- tion, except that one (1) judge and one (1) clerk may constitute the Board of Election, and any trustee or quali- fied elector may administer the oath to said judge and clerk. At all elections under this Article, voters miust have the same qualifications as prescribed for the general elections in this State. Said judge and clerk shall make immediate return of election to the County Superintendent, which the County Superintendent shall file in his office. Laws 1915, page 214. Formerly Laws 1911, page 504; Laws 1912, page 50; Laws 1913, pages 363 and 439. Same Levy For Special Tax Qualifications of Voters Joint School Districts. Sec. 54c. Said annual meeting shall determine if a special tax shall be levied not to exceed ten (10) mills on each dollar of taxable property. Such special tax to be for the purpose of raising money for building or repairing 30 IDAHO SCHOOL LAWS. school property, for school equipment, or for the support and maintenance of the schools. Having determined that a special tax shall be levied for such purposes the meeting shall proceed to ballot on the question of the amount of money desired to be raised by special tax for the district, on which ballot shall be written or printed the proposed amount of money and the words "Yes," "No," and none but actual resident freeholders or heads of families of said dis- trict shall vote at the election to determine whether a special tax shall be raised, or on the amount of money to be raised thereby. Provided: That all joint school districts formed under the provisions of the school laws of Idaho, including joint common school districts, joint independent school dis- tricts and joint high school districts situated in more than one county, the annual meeting, instead of determining the amount of money to be raised by special tax, shall determine the amount of levy in mills to be made. A separate ballot- box shall be used for voting on any question of taxation or other business concerning schools and school interests from that used in voting for trustees. If a majority of the votes polled at such election are in favor of the tax and the amount of money to be raised, the Board of Trustees shall immediately certify the amount determined to be raised, the date thereof, the year for which the same shall be raised, and the number of the district, to the clerk of the Board of County Commissioners and the County Assessor, but not more than one such special tax can be levied in any one (1) year. The Board of County Commissioners shall, at the time of making their annual levies, make a sufficient levy in mills upon all the taxable property in said school district not exempt from taxation sufficient to produce the said amount of money so certified to be levied by special tax for such school district for such year, and shall certify the same to the County Assessor. Laws 1915, page 214. Formerly Laws 1911, page 504; Laws 1912, page 50; Laws 1913, pages 363 and 439. Under the provisions of Section 54c, a common school district deter- mines the amount of money to be raised by special tax, rather than the number of mills to be levied, and certifies such amount to the clerk of the Board of County Commissioners. Opinion of Attorney General; Grace M. Shepherd, 6-1 7-' 14. Annotator's Note: The amendment of 1915 changes the rule above stated only as regards joint districts, which must make their levy in mills instead of a lump sum. Same Length of School Term Quarantine. Sec. 54d. Said annual meeting shall determine the length of time a school shall be taught in the district for the ensuing year, which shall not be less than seven (7) UNIVERSITY C IDAHO SCHOOL LAWFR 31 months, by a legally qualified teacher in all districts having not more than seventy-five (75) pupils of school age, nor less than nine (9) months in districts having more than seventy-five (75) pupils. Provided: That in any district other than an Independent Class A district, the Board of Trustees may, when in their judgment the best interests of the community require it, arrange that any pupils of the sixth, seventh or eighth grades whose parents so request, may attend eight (8) months instead of nine (9) . Provided, further: That all other pupils of these grades shall be re- quired to continue in school the full nine (9) months. They may also determine and instruct the district trustees as to the length of the different terms of school, and the sea- sons of the year in which the same shall be taught ; and the district officers shall see that school is actually taught therein by a licensed teacher in conformity to such in- structions and for not less than the length of time herein required. No school shall receive any of the State funds unless school shall have been actually taught therein for the time required by the Act; Provided: That, in case of quarantine or loss of school house, such closing of school shall not prevent district from drawing its proper share of the State apportionment. Laws 1915, page 215. Formerly Laws 1911, page 504; Laws 1912, page 50; Laws 1913, pages 364 and 440. Cited: In Dissenting opinion. Fenton vs. Board, 20 Ida. 392, 415, 419; 119 Pac. 41. Where there is more than one school house in a district it is not within the power of the annual meeting to provide for a longer term of school in any one school house than in any other. Opinion Attorney General. Same Business To Be Transacted Power of Trustees to Make Levy. Sec. 54e. Said annual meeting shall transact all business required by the notice of the meeting, and it shall be lawful to transact any other business pertaining to schools and school interests. The Board of Trustees shall have power, when the annual meeting shall neglect or re- fuse to levy a special tax to maintain the schools, to levy a special tax upon all the property in the district, which when added to moneys apportioned by the County Super- intendent of Schools, will be sufficient to provide funds for the maintenance of the school as provided in Section 54 of this Act. The taxes so levied are and shall be a lien upon the property taxed, the same as other taxes, and shall be collected in the same manner. Laws 1915, page 215. Formerly Laws 1911, page 505, Sec. 54e, and page 503, Sec. 52; Laws 1912, page 51; Laws 1913, pages 364 and 440. 32 IDAHO SCHOOL LAWS. Same Notice By County Superintendent. Sec. 54f. In addition to the posting of notices of said meeting by the Clerk of the Board of Trustees as required by this section, it shall be the duty of the County Superin- tendent of each county to cause a notice to be published in at least one weekly newspaper published and printed in the county, and in not more than two such newspapers, for a period of two weeks previous to the time of said annual school meetings. Such notice shall be a general notice to the voters of each school district other than independent school districts within the county that the annual school meetings will be held in each of the said school districts as provided in subdivision "a" of this section. The cost of such publication shall be paid out of the general fund of the county as in other cases provided. Laws 1915, page 216. Formerly Laws 1913, page 364. Trustees to Qualify. Sec. 55. Trustees shall qualify within fifteen (15) days after receiving notice of their election by taking the official oath, which oath may be administered by either of the other trustees or a retiring trustee, and such oath shall be subscribed and filed in the office of the County Superintend- ent. Laws 1911, Page 505. School Taxes Collection. Sec. 56. Upon receiving the statement of the levy from the Board of County Commissioners showing the special tax levied for any school district, the assessor must assess upon all property in the district subject to taxation the tax so levied and certified to him as aforesaid; but for that purpose he is not required to take new statements from the owners of property, but his assessment of all special taxes so levied may be computed and made upon the valua- tion of property as fixed by the Board of Equalization for State and county purposes, and as appears upon the as- sessment roll in the same year; said special taxes so levied as aforesaid shall become a lien upon the property so as- sessed from the date of assessment, and shall be due and payable at the same time as the State and county taxes, and in all respects are to be collected in the same way, ex- cept that the assessor must keep a separate list or assess- ment roll thereof, and, when paid, must be named in his receipt to the taxpayers as a separate lien, and he must pay to the County Treasurer as he pays other taxes; but, at the time of payment, he must specify to the Treasurer what taxes they are, and take a separate receipt therefor IDAHO SCHOOL LAWS. 33 and keep separate accounts thereof. The Board of County Commissioners shall furnish the assessor with such blanks as are needed to comply with the provisions hereof. The provisions of this and the preceding sections for the levy and collection of taxes shall not apply to Independent Dis- tricts so established, which have special laws for the collec- tion of school taxes. Laws 1913, page 441. Formerly Laws 1911, page 505. Meetings of Board of Trustees. Sec. 57. The regular meetings of the Board of Trus- tees shall be held on the last Monday of March, June, Sep- tember and December. The Board may, however, hold other special or adjourned meetings, as they may from time to time determine. Any two of such trustees shall constitute a quorum for the transaction of business. Laws 1911, page 506. Trustees General Duties. Sec. 58. It shall be the duty of the trustees of each district : Laws 1913, page 442. Formerly Laws 1911, page 506. Same Employment of Teachers. Sec. 58a. To employ teachers on written contract, but before such contract can be legally signed it shall be the duty of the teacher to exhibit his or her certificate or permit to teach to the Board of Trustees, and it shall be the duty of the trustees to file a copy of such contract pr permit with the County Superintendent. Laws 1913, page 442. Formerly Laws 1911, page 506. Same To Fix Teachers' Compensation. Sec. 58b. To fix, allow and order paid the salaries and compensation of such teachers. Laws 1913, page 442. Formerly Laws 1911, page 506. Same To Fix Clerk's Compensation. Sec. 58c. To fix the compensation of the Clerk of the Board. Laws 1913, page 442. Formerly Laws 1911, page 506. Same To Fix Rate of Tuition Free Tuition. Sec. 58d. And to determine the rate of tuition of non-resident pupils; Provided: That any pupil or pupils of the eighth grade who are of high school qualifications of 34 IDAHO SCHOOL LAWS. any district, shall be eligible to attend any high school with- in his county without paying tuition, but the County Super- independent shall transfer from the district to which said pupil or pupils belong to the district holding the high school attended, a sum of money bearing the same proportion to the amount of money received by the district during the year, as said pupil or pupils bear to the total school census of the district in which such pupil or pupils belong. Laws 1913, page 442. Formerly Laws 1911, page 506. Cross Reference: Tuition. See Sees. 196-199 inclusive. Same To Discharge Teachers. Sec. 58e. The trustees shall have power to discharge any eacher for neglect of duty, or for any cause that, in their opinion, renders the services of such teacher un- profitable to the district ; but no teacher shall be discharged before the end of his or her term without a reasonable hear- ing. Laws 1913, page 442. Formerly Laws 1911, page 506. Same Contracts With Teachers Duties. Sec. 58f. The trustees shall not contract to compel teachers to make up time while attending any annual coun- ty or joint institute, or while attending a meeting of the State Teachers' Association. Laws 1913, page 442. Formerly Laws 1911, page 506. Same Corporate Powers Construction Contracts Removal of School Sites Prohibited Contracts. Sec. 58g. The trustees shall have charge of all school property in their district and shall have power to re- ceive in trust all real estate or other property conveyed to said school district; and to convey by deed, duly executed and delivered, all the estate or interest of their district in any school house or site directed to be sold by vote of their district. All conveyances made to said Board must be made in their corporate name, to-wit: "To Trustees of School District No County.. State of Idaho." Said trustees have further power, when directed by a vote of their district, to build or remove school houses, to purchase, receive, hold and convey real and per- sonal property for school purposes, and to hold, purchase and repair school houses and to supply the same with necessary furniture and to fix the location of school houses subject to the rules and regulations of the State Board of Educa- tion; Provided: That all such repairs and construction work shall be submitted to competitive sealed bids when IDAHO SCHOOL LAWS. 35 such work required shall exceed the sum of One Hundred Dollars ($100) ; Provided, further, That a school house al- ready built shall not be removed, nor a new site for a school house be designated, except when directed by a two-thirds (2-3) vote of the electors of said district voting at an elec- tion held for that purpose, which election may be a special or a general school election ; Provided : That no trustees shall be pecuniarily interested directly or indirectly in any con- tract made by the Board of Trustees, of which he is a mem- ber, and any contract made in violation of this section is null and void. Laws 1913, page 442. Formerly Laws 1911, page 506. This section applies only in the case of selecting a new site for a school house already built and not in the case of selecting a site for an additional school house. A majority vote only is necessary to locate such additional school house. Op. Attorney General. Grace M. Shepherd, 3-4-'14. Same To Provide Necessary Furniture, Janitor Service, Etc. Sec. 58h. The trustees of the respective districts must furnish all things, not herein provided for, necessary for the comfort and the use of their district, such as janitor service, fuel, improvements, maps and apparatus, library; and for all such purposes may audit and allow accounts against the school fund of their district, not to exceed twenty-five (25) per cent of the amount of such school fund in any one (1) year. Laws 1913, page 443. Formerly Laws 1911, page 507. Same To Provide School Library. Sec. 58i. At least three (3) per cent of the moneys annually appropriated to any district other than an Inde- pendent District shall be applied by the trustees for the maintenance of a school library, selection of books for which shall be made from a list of books furnished to each district and compiled by the State Board of Education. The Board of Trustees shall keep the library in a suitable case at the school house; shall keep a list of all books in the library ; loan the books to pupils and patrons within the dis- trict for a period not to exceed four (4) weeks at any one time; hold patrons, parents or guardians to strict account- ability for books loaned, requiring them to replace the same in the event of loss or damage; report to the County Super- intendent the number of books purchased during the year, the number of books lost and other information required by the County Superintendent, and for the further good of the library shall make all needed rules and regulations. Laws 1913, page 443. Formerly Laws 1911, page 507. 36 IDAHO SCHOOL LAWS. Same Clerk to Keep Record. Sec. 58 j. It shall be the duty of the Clerk of the Board of Trustees of each district to keep a record of the transactions of his district in a book furnished by the Coun- ty Superintendent, the form of which shall be prescribed by the State Board of Education; said record, so kept, shall show all the data and the information required in said books to be shown by the forms thereof and shall be open to the in- spection of the County Superintendent when visiting the district; and the trustees of each district shall make a full report in writing annually on the first day of July, to the County Superintendent of their county, on blanks furnished, which shall be 'exact copies of the pages of the book herein required to be kept, together with such matters pertaining to schools as may be required of them by the State Superin- tendent. Laws 1913, page 443. Formerly Laws 1911, page 508. Same Insubordinate Pupils Dismissal. Sec. 58 jj. It is the duty of the trustees of the re- spective districts, on receiving a report from any teacher of the disorderly conduct of any pupil, to decide how said in- subordinate pupil shall be punished, or whether he or she shall be dismissed from school, and the teacher must enforce the decision so made. Laws 1913, page 444. Formerly Laws 1911, page 508, Sec. 58j. Same Census Duties of Clerk. Sec. 58k. The Clerk of the Board of Trustees shall, on the first Tuesday of September of each year, proceed to enumerate the children of school age in his district, em- ploying assistant enumerators if necessary, and he shall not enumerate any except bona fide residents thereof, and the Board of Trustees shall cause a true and certified copy of said census to be transmitted to the County Superintend- ent. School age, as herein used, is defined as applying to all persons between the age of six (6) and twenty-one (21) years, said census to be completed and filed by the third Tuesday in September. For said services, said clerk shall be allowed, as full compensation therefor, Five Cents (5c) for each child so enumerated, and the chairman of the Board of Trustees shall draw his order upon the county auditor, which must be countersigned by at least one other member of the Board of said district, for the amount so allowed, and it must be charged against and paid out of the fund of said district. Laws 1913, page 444. Formerly Laws 1911, page 508. IDAHO SCHOOL LAWS. 37 Same Election of Relatives as Teachers. Sec. 581. No trustee of any school district of any kind in the State of Idaho shall vote to elect any relative of his own or of his immediate family to the position of teach- er of any school within his district, and in case such relative of his own or his immediate family, shall be an applicant for any position as teacher of any school within his district, the question of whether or not such relative shall be em- ployed shall be determined by the remaining members of the Board. Laws 1913, page 444. The "Anti-Nepotism Act," Laws 1915, page 40, does not apply to school districts. Barton vs. Alexander, Supreme Court, April 29, 1915. Same Employment of Attorney. Sec. 58m. Trustees of school districts of every kind in the State of Idaho may, when deemed necessary by them and when deemed by them to be for the best interests of their districts, employ an attorney or attorneys for the pur- pose of advice and counsel in any matters pertaining to said school district, or for the purpose of defending the school district against any suit brought against the district in any court of the State of Idaho, or for the purpose of bringing any action in any court deemed necessary to be commenced- by the trustees for the district, and the ex- penses incurred in the employment of said attorney or at- torneys and the costs of such suit or action shall be a legal charge against such school district and shall be paid out of the funds of said school district. Laws 1913, page 444. Same Attendance at Meetings. Sec. 58n. It shall be the duty of each member of the Board of Trustees to attend meetings of the Board of Trustees, both regular and special meetings. Laws 1913, page 445. Flag Trustees to Provide. Sec. 59. It shall be the duty of the trustees of every school district in the State of Idaho to cause to be erected, and to keep in repair, upon all public school houses, or within the school house grounds surrounding such public school building, a good and sufficient flag staff or pole, together with all necessary adjustments, and they shall pro- vide a United States flag of not less than four (4) by eight (8) feet in size, which shall be floated from such flag staff or pole during the school hours of such days as the trus- 38 IDAHO SCHOOL LAWS. tees and teacher may determine; Provided: That the flag shall not be hoisted on any school building during any day when a violent storm or inclement weather would destroy or materially injure such flag. The flag used by any and all such school districts, as provided for in this section shall b'e paid for out of the current expense fund of said district. The flags for use of public school buildings are hereby declared to be necessary supplies and are to be paid for from the aforesaid fund. Any person or persons who shall wilfully injure, deface, or destroy any flag, flag staff or pole, or adjustment attached thereto, erected and arranged for the purpose of carrying out the requirements of this section, shall be guilty of a misdemeanor, and, upon convic- tion, shall be fined not less than Five Dollars ($5.00), nor more than Fifteen Dollars ($15). Laws 1911, page 508. Non-Kesident Pupils Attendance Conditions. Sec. 60. Trustees may determine whether pupils out- side of their counties may attend school within their dis- tricts and upon what terms. Laws 1911, page 509. Annual Financial Report Publication and Posting. Sec. 61. It is the duty of the Board of School Trustees to make a report in writing, on the first day of July, of the financial condition of their respective school districts, show- ing the amount of money received, from what source, the amount expended, and in what manner and for what pur- pose expended, and the amount of money in the treasury of the district or to the credit of the district on hand at the date of the report, the said report to show in full the finan- cial condition of the district at the date thereof; Provided: That the report of any expenditure shall contain the spe- cific items, amounts, the names to whom such expenditures were made. It is hereby made the duty of School Trus- tees of each district to cause the said report to be posted in three (3) conspicuous places in the district, one (1) of which shall be posted on the school house door of said school district, and to retain a copy of said report in the office of the clerk of the school board of the school district, where the same may be open at all times to examination and inspection by any person. Provided: That in Independent Districts the aforesaid financial report shall be published in one issue of a newspaper nearest the school house of said district. Laws 1913, page 445. Formerly Laws 1911, page 509. Cited: State ex rel. vs. Wylie et al., 24 Ida. 548; 135 Pac. 59. IDAHO SCHOOL LAWS. 39 Meetings Called By County Superintendent Expenses of Del- egates. Sec. 62. That the Board of Trustees of every common school district and the Board of Education of every In- dependent School District are authorized to select one (1) of their members to attend any meeting called by the Coun- ty Superintendent for the purpose of general instruction, and are authorized to defray the expenses of such member, in an amount not to exceed the sum of Three Dollars ($3.00) per diem, and Three Cents (3c) per mile going to and from such meeting, such expense to be paid for from the general fund of the district; Provided: That such allowance shall not be for more than two (2) days in any one (1) year. Laws of 1911, page 509. ARTICLE VII. SCHOOL FUNDS AND FINANCES. Section. 63. Public school fund. 64. Additional school lands. 65. County school taxes. 65a. Levy by County Commis- sioners. 65b. Certification of levy to County Commissioners. 65c. Collection of taxes by county: Commission to county. 66. Apportionment of school funds to counties. 67. Apportionment by County Superintendents. 68. Accounts of County Treas- urer with school districts: Duties of Treasurer. 69. Same: Duties of County Superintendent. 70. School warrants: How drawn: Orders for war- rants. Section. 71. Deficiency warrants: When allowed. 7 la. Deficiency warrants in emergency cases. 71b. State Board of Education exclusive judge. 71c. Act effective until January 1st, 1916. 7 Id. Creating deficiency: Pen- alty. 72. Orders for warrants: Coun- ty Superintendent to countersign. 73. Issuance of warrants: Du- ties of Auditor. 74. Warrants: Presentment: Non-payment. 75. Investment of surplus money of school district. Public School Fund. Section 63. The public school fund of the State shall consist of the proceeds of such lands as have hitherto been granted, or may hereafter be granted, to the State by the general government, known as "school lands" and those granted in lieu of such lands, acquired by gift or grant from any person or corporation under any law or grant, and of all other grants of land or money made to the State for general educational purposes, and all moneys accruing to the State from the estates of deceased persons. Laws 1911, page 510. 40 IDAHO SCHOOL LAWS. Additional School Lands, Sec. 64. All lands, title to which is acquired by the State by foreclosure or otherwise, on loans of school funds and all lands which escheat to the State by virtue of Sec- tion 5717 of the Idaho Codes of 1909 or otherwise, shall be held and treated as school lands, and may be sold and dis- posed of in the same manner. Said lands shall be under the charge 'and control of the State Land Board. Laws 1911, page 510. County School Taxes. Sec. 65. The tax for general school purposes, levied for the purpose of establishing and maintaining public schools in the several counties of this State, must be levied by the Board of County Commissioners at its session when the tax is by it levied for county purposes and must be col- lected by the same officers and in the same manner as other State and county taxes are collected, and paid into the coun- ty treasury and apportioned to the county school fund. For the further support of the public schools, all moneys collected from fines, forfeitures or breaches under any of the penal laws of this State, shall be paid into the county treasury and apportioned to the county school fund. Laws 1913, page 530. Formerly Laws 1911, page 510. This section, as it existed in 1911, was mandatory, and required the County Commissioners to levy not less than a 5 -mill tax annually for school purposes. Fenton vs. Board, 20 Ida. 392; 119 Pac. 41. Dart vs. Board, 20 Ida. 445; 119 Pac. 52. Cited: Coon vs. Sommercamp (Ida.) 146 Pac. 728. Levy By County Commissioners. Sec. 65a. The Board of County Commissioners must also levy a tax for general school purposes, to be collected and paid into the county treasury and apportioned to the county school fund, which levy shall not exceed fifty cents, or be less than fifteen cents, on each one hundred dollars of such assessed valuation. A portion of Sec. 99, Chap. 58, Laws 1913, page 204. Certification of Levy to County Commissioners. Sec. 65b. The governing authorities of every city, town, village, school district, or any other district or muni- cipality to which is delegated by law the power to levy taxes must, on or before the third Monday of September in each year, certify to the County Auditor the tax rate levied by any such city, town, village, school district or other IDAHO SCHOOL LAWS. 41 district or muncipality for the said year upon any prop- erty situated therein, and the County Auditor shall on or before said date file a certified list of such levies in the of- fice of the Assessor and in the office of the tax collector. Sec. 103, Chap. 58, Laws 1913, page 206. ,Clted: Coon vs. Sommercamp, Ida. 146 Pac. 728. Collection of Taxes By County Commission to County. Sec. 65c. All taxes of every city, town, village, school district or other district or municipality, levied ac- cording to law and certified in accordance with the pro- visions of this Act, shall be collected and paid into the county treasury and apportioned to such city, town, vil- lage, school district or other district or municipality; Pro- vided : That one and one-half per cent of all taxes collected and paid into the county treasury for every incorporated city, town or village, and every independent school district, and every other district or municipality having a treasurer whose duty it is to receive, keep and disburse all moneys belonging to such incorporated city, town, village, inde- pendent school district or other district or municipality, shall be apportioned to the county current expense fund, which apportionment shall be in full for all services of all county officers in the levy, computation and collection of such taxes. Sec. 104, Chap. 58, Laws 1913, page 206. Apportionment of School Funds to Counties. Sec. 66. The income of the State School Fund and taxes collected by the State for the support of the public schools which shall be received up to the first day of Janu- ary and the first day of July of each year, shall be distrib- uted semi-annually during said months, respectively, in each year among the several counties of the State from which reports have been received by the State Superintendent of Public Instruction, as provided in this Chapter, in proportion to the number of children of school age, as shown by the last school census list of each county, and the Superintendent of Public Instruction shall certify such apportionment to the State Auditor, and, upon such certificate, the Auditor shall draw his warrant in favor of the county treasurer of each county, for the amount due such county. The Superintend- ent shall also certify to the treasurer and superintendent of each county the amount apportioned to each county. Laws 1911, page 510. Apportionment by County Superintendents. Sec. 67. The County Superintendent shall require from 42 IDAHO SCHOOL LAWS. the County Treasurer, quarterly each year, a report of the amount of money on hand to the credit of the school fund of his county, not already apportioned, and the County Treasurer shall furnish such report when required. The County Superintendent, upon receiving such report, shall proceed to apportion the public school moneys, both county and state, reported by the County Treasurer to be in the County Treasury, among the several school districts in the following manner, to-wit : Forty per cent (40%) of the whole amount he shall ap- portion among the several districts of his county in pro- portion to the number of teachers regularly employed by each district; forty per cent (40%) of the whole amount he shall apportion per capita among the several districts in pro- portion to the number of children in each district as shown by the last report of the census marshal; Provided: That no district shall be considered as having less than twenty- five (25) census pupils for the purpose of apportioning all school moneys; seventeen per cent (17%) of the whole amount, or so much thereof as is needed, he shall use for the relief of all districts organized under Article V. of this Act, which after having levied 'a: special tax of ten (10) mills, have not sufficient funds, including their regular apportion- ment, to maintain the minimum term as provided in Section 54 of this Act. The County Superintendent shall be the judge of the needs of such districts. Three per cent (3%) of the whole amount, or so much thereof as is needed, he shall apportion among the Rural High School Districts and Con- solidated Districts which carry approved high school work meeting the requirements set forth in Section 137 of this Act, in proportion to the number of teachers regularly employed in such high school work. The amount apportion- ed to any such high school shall not exceed the sum of Two Hundred Dollars ($200.00) in any school year for each teacher so employed in such high school. Any amount remaining after the apportionment as above set forth, shall be apportioned among the several districts in accordance with the school census as provided above for the apportionment of the second forty per cent (40%). Provided, for all apportionments in this Section any Joint District, or Joint Rural High School District shall receive from each county in which it lies for every teacher such portion of a teacher's share as the census of the part of the joint district which lies in said county bears to the whole census of the joint district. Laws 1915, page 212. Formerly Laws 1911, page 511; Laws 1912, page 51. IDAHO SCHOOL LAWS. 43 Accounts of County Treasurer With School Districts Duties of Treasurer. Sec. 68. It is hereby made the duty of the County Treasurer of each county to keep a separate account with each school district in the county; place to the credit of each the amount of money certified to by the County Su- perintendent, as provided in this Chapter, and to pay over the money on legally drawn warrants or orders of the dist- rict officers entitled to the same; Provided: That it shall be the duty of the County Superintendent, whenever any Board of Trustees fails to comply with the provisions of this Chapter, or any subsequent Act, to notify the County Treasurer in writing that there has been a failure upon the part of such Board of Trustees to comply with the law. Whereupon it shall be the duty of the County Treasurer to withhold all moneys apportioned to the district governed by said Board of Trustees, until he shall have received notice from the County Superintendent that the Board governing said district has fully complied with the law. All moneys that shall be finally forfeited by any district shall be put into the general school fund of the county and be apportioned as other moneys. And it shall be the duty of said Treasurer to receive and hold, as special deposits, all moneys belonging to the public school fund of his county, in accordance with the provisions of this Chapter, and to pay them over only on warrants of the County Auditor; Provided, further: That the said County Treasurer shall pay over to the Treasurer of any Independent School Dis- trict organized under the provisions of this Chapter, all moneys belonging to such district, upon the presentation of an order from the Clerk of the Board of Trustees of such district, signed also by the Chairman thereof, and counter- signed by the County Superintendent and County Auditor. Laws 1911, page 512. Cross Reference: See Sec. 200, Chapter 58, Laws 1913, page 238. Sec. 200 of the Revenue Law, Laws 1913, page 238, changes the pro- cedure outlined in the above section. Opinion Attorney General. Grace M. Shepherd, 1-30-'14. Same Duties of County Superintendent. Sec. 69. It shall be the duty of the County Superintend- ent in each county to keep a separate account with each school district in his county; to place to the credit of each district the amount apportioned by him as provided for in this Article; to countersign all legally drawn warrants and orders of the district officers entitled to draw the same ; to enter the same upon his books in proper form, giving date, number of such warrant or order, to whom drawn, for what 44 IDAHO SCHOOL LAWS. purpose, and the amount of the same. And further, it shall be the duty of the County Superintendent to collect, by pro- cess of law, all penal fines not paid over by the justices of the peace, or other officers required by law to pay the same into the County Treasury; and the same may be collected and recovered by action at law, in which the State of Idaho, by the County Superintendent, is plaintiff and the officer neglecting or refusing to pay over said moneys is defendant. Laws 1911, page 513. School Warrants How Drawn Orders for Warrants. Sec. 70. It shall be the duty of the County Auditor upon presentation of any order from the Clerk of the Board of Trustees of any school district in his county, (said order also being signed by the chairman of the said Board of Trustees, or in his absence, by the other members of the Board) to draw his warrant upon the school fund stand- ing to the credit of the said district in favor of the persons mentioned in said order; Provided: That the said orders have been countersigned by the County Superintendent, but in no case shall he issue a warrant for a greater amount than there is cash in the Treasury to the credit of said dis- trict, except as provided in the four following Sections ; Pro- vided, further : That, in the case of Independent School Dis- tricts, the above shall be inoperative and the warrant of the Clerk of the Board, countersigned by the chairman of the Board, or, in his absence, by the other members of the Board, shall become a demand on the Treasurer of the In- dependent School District for the amount of the warrant. In no case shall a warrant be issued in an Independent School District for a greater amount than there is cash in the Treasury of the district, except as provided in the four fol- lowing Sections. Laws 1911, page 513. Deficiency Warrants When Allowed. Sec. 71. The Trustees of any school district may issue orders for warrants for the payment of teachers for their services in teaching, and for other necessary expenses con- nected with the school, whether or not there is any money in the treasury to the credit of the district issuing such orders for warrants; Provided: That the total amount of such orders for warrants do not exceed the income and revenue for such district for such year; Provided, further: That the total amount of such orders for warrants or In- dependent School District warrants shall not exceed ninety- five (95) per cent of the income and revenue for such dis- IDAHO SCHOOL LAWS. 45 trict for such year, until such income and revenue has been paid into the Treasury to the credit of the district issuing such orders for warrants. Laws 1911, page 513. The income of a school district for the school year 1914-1915 is the amount of the special tax levied in the fall of 1914 plus the appor- tionments made by the County Superintendent on October 1st, 1914, and January 1st, April 1st, and July 1st, 1915. The total expenditures of common school districts cannot exceed the above amount, and this section gives authority to such school districts to issue deficiency war- rants, which when added to their other expenditures, will not exceed this amount. As all the income is not paid in prior to the close of the school year it is necessary to estimate the income as above set forth to determine the amount of deficiency warrants which may issue. Op. Attorney General. E. O. Sisson, 4-14-'15. Deficiency Warrants in Emergency Cases. Sec. 7 la. That the trustees of any common school district of the State of Idaho may issue orders for warrants for the payment of teachers for services in teaching, and for other necessary expenses connected with the school, whether or not there is any money in the treasury to the credit of the district issuing such orders for warrants; Provided, That the total amount of such orders for warrants shall not exceed the amount of ordinary and necessary maintenance expenses of such district for the minimum term as required by the laws of the State of Idaho. Laws 1915, page 19, Sec. 1. This section is an emergency act and has no bearing on Sec. 71 supra. The act contemplates an expenditure in excess of the yearly income, and such expenditure can only be made upon the approval of the State Board of Education. Op. Attorney General. Allen P. Asher, 5-3-'15. State Board of Education Exclusive Judge. Sec. 71b. The State Board of Education shall be the sole and exclusive judge of the necessity of issuing such war- rants, and of the amount thereof as provided in the pre- ceding section. The approval of the State Board of Edu- cation shall be filed by the Board of Trustees of any common school district issuing orders for warrants as herein pro- vided with the county superintendent of public instruction as a prerequisite to the issuance of warrants. Laws 1915, page 20, Sec. 2. Act Effective Until January 1st, 1916. Sec. 71c. This act and the powers conferred thereby shall expire on January 1, 1916. Laws 1915, page 20, Sec. 3. Creating Deficiency Penalty. Sec. 7 Id. That all county, town, municipal, road and school district officials who issue orders or warrants or 46 IDAHO SCHOOL LAWS. approve bills or order county warrants to be drawn in 'ex- cess of the levies made for the different county, town, muni- cipal, road or school district funds shall be liable, both personally and on their official bond for the payment of any such excess. Laws 1915, page 262. Sections 71 and 7 la to 71c inclusive, referring to deficiency war- rants, permit their issuance up to the estimated income for the year or above such income when authority is given by the State Board of Education. Section 7 Id refers only to the issuance of warrants in excess of the estimated income of the year, when issued without the authority of the State Board of Education. Op. Attorney General. Orders for Warrants County Superintendent to Countersign. Sec. 72. It shall be the duty of the County Superin- tendent of the county in which such orders for warrants are issued to countersign all such legally drawn orders for warrants when presented to him for signature. Laws 1911, page 514. Issuance of Warrants Duties of Auditor. Sec. 73. On the presentation of an order for a warrant properly countersigned by the County Superintendent, the County Auditor shall issue a county warrant for the same as provided by law, after which he shall return the order for the warrant to the clerk of the school district from which said order was issued. Laws 1913, page 445. Formerly Laws 1911, page 514. Warrants Presentment Non-Payment. Sec. 74. The person holding such warrant issued by the County Auditor or Independent School District may present the same to the County Treasurer or Independent School District Treasurer for payment. If there is not money in the treasury to the credit of the said district on which the warrant is drawn to pay such warrant, the Treasurer shall indorse on the back of said warrant, "Not paid for want of funds." Warrants so indorsed by the County Treasurer or Independent School District Treasurer shall draw interest at the rate of seven (7) per cent per annum from the date of indorsement until paid ; Provided : That, when the warrants of the district shall be at a dis- count, the warrant shall be drawn for a sufficient amount to cover the discount. Laws 1911, page 514. Investment of Surplus Money of School District. Sec. 75. Whenever there shall have accumulated in the hands of the Treasurer of any School District in the State, IDAHO SCHOOL LAWS. 47 moneys belonging to said School District to an amount in excess of the amount which, in the opinion of the School District Board of said District, shall be necessary for the current expenses of maintaining the schools in said District, the same shall be invested by said Board in United States bonds, State bonds, State warrants or county war- rants, when the market value thereof is not below par. And said Board shall deposit said securities in some safe deposit, and they shall there be kept until it shall become necessary to convert the same into money for school district purposes, to be determined by said Board. Laws 1911, page 514. ARTICLE VIII. SCHOOL DISTRICT BONDS. Section. Section. 76. Bond elections: Call: Quali- 81. Redemption of bonds. fled voters. 82. Payment of interest on 77. Bond elections: Issuance bonds. and registration of bonds. 82a. Redemption of bonds sold 78. Sale of bonds. to state. 79. Liability of districts for 83. Bonds to be printed. bonds. 84. Neglect to pay over money 80. Tax levy to pay bonds: In- a felony. vestment of sinking fund. Bond Elections Call Qualified Voters. Sec. 76. The Board of School Trustees of any school district may, whenever a majority so decides, submit to the qualified voters of the State of Idaho who are resident freeholders or householders of the district, and their wives who are qualified electors, the question whether the Board shall be authorized to issue coupon bonds to a certain amount, not to exceed four (4) per cent of the assessed valu- ation of the property in said district and bearing a rate of interest not exceeding six (6) per cent per annum, and pay- able and redeemable at a certain time, for the purpose of building or providing one or more school houses in said dis- trict, with all necessary furniture, desks, blackboards, globes, charts, outlines, maps, etc. And the Board of School Trustees of any School District which has issued bonds for any of the purposes enumerated in this Section, may submit to the electors of such district the question whether the Board shall be authorized to issue coupon bonds to refund or take up any of the bonded indebtedness of such district, at a rate of interest not exceeding six (6) per cent per annum. Laws of 1913, page 529. Formerly Laws 1911, page 515. 48 IDAHO SCHOOL LAWS. Bond Elections Issuance and Kegistration of Bonds. Sec. 77. Such elections must be held in the manner prescribed for elections in this Chapter. The ballots must contain the words "Bonds, Yes" or "Bonds, No." If two- thirds of the votes cast at such elections are "Bonds, Yes," the Board of Trustees must issue such bonds in such form as said Board may direct; they must bear the signature of the chairman of the Board of Trustees, and be countersigned by the Clerk of the School District, and the coupons attached to the bonds must be signed by said chairman and said Clerk; and each bond so issued must be registered by the County Treasurer in a book provided for that purpose, which must show the number and amount of each bond and the person to whom the same is issued, and the said bonds must be sold by the said School Trustees as hereinafter provided. Laws 1911, page 515. Sale of Bonds. Sec. 78. The School Trustees must give notice in some newspaper published in the State, for a period of not less than four (4) weeks, to the effect that said School Trustees will sell said bonds, briefly describing the same, and stating the time when, and-the place where said sale will take place ; Provided: That the said bonds must not be sold for less than their par value, and the Trustees are authorized to re- ject any bids and to sell said bonds at private sale if they deem it for the best interest of the district, and all moneys arising from the sale of said bonds must be paid forthwith into the treasury of the county in which said District may be located, to the credit of said District, and the same are immediately available for any of the purposes authorized by this Chapter. Laws 1911, page 515. Liability of Districts for Bonds. Sec. 79. The faith of each School District is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds, which are issued under this Article. And for the purpose of enforcing the provisions of this Article, each School District is 'a body corporate, and may sue and be sued by or in the name of the Board of School Trustees of said District. Laws 1911, page 516. Tax Levy to Pay Bonds Investment of Sinking Fund. Sec. 80. The School Trustees of each District must as- certain and levy annually the tax necessary to pay the in- IDAHO SCHOOL LAWS. 49 terest as it becomes due and to create a sinking fund to redeem the bonds at their maturity, and said tax is a lien upon the property of said School District, and must be collected in the same manner as other taxes for school pur- poses; Provided-. That the said sinking fund may, at the discretion of the Board, be loaned on first mortgage or im- proved farm lands, but no loan shall exceed one-third (1-3) of the market value of the land, exclusive of the improve- ments thereon, given as security for such loans. The annual interest on all loans herein provided for shall be seven (7) per cent. Said sinking fund may be invested in United States bonds, State bonds, county bonds, county or State warrants, when the market value thereof is not below par, at the discretion of said Board. Laws 1911, page 516. Redemption of Bonds. Sec. 81. When the sum in the sinking fund equals or exceeds the amount of any bond then due, the County Treasurer shall post in his office a notice that he will, within thirty (30) days from the date of such notice, re- deem the bonds then payable, giving the number thereof, and the preference must be given to the oldest issue; and if, at the expiration of the said thirty (30) days, the holder or holders of said bonds shall fail or neglect to present the same for payment, interest thereon must cease ; but the Treasurer shall, at all times thereafter, be ready to redeem the same on presentation, and when any bonds are so pur- chased or redeemed, the County Treasurer must cancel the same by writing across the face of each bond, in red ink, the word "Redeemed/* and date of such redemption ; Provid- ed, however, That where such bonds have been sold to the State of Idaho, the said County Treasurer shall when anv bond is due, send the money for the redemption of such bond to the State Board of Land Commissioners at Boise, Idaho, for the purpose of redeeming such bond or bonds; the said State Board of Land Commissioners on receipt of said money, if received at a proper time for payment of said bond, shall cancel said bond by writing across the face of each bond in red ink the word "redeemed" and the date of the redemption, and shall return such bond or bonds to the county treasurer sending such money for the redemption thereof. Laws 1913, page 516. Formerly Laws 1911, page 516. Payment of Interest on Bonds. Sec. 82. The County Treasurer must pay out on any 50 IDAHO SCHOOL LAWS. moneys belonging to a school district the interest upon any bonds issued under this Article by such school district, when the same becomes due, upon the presentation at this office of the proper coupon, which must show the amount due and the number of the bond to which it belonged; and all cou- pons so paid must be reported to the school trustees at the first meeting thereafter; Provided, That when such bonds have been sold to the State of Idaho, and the county treasur- er has money in the fund for the purpose of paying the cou- pons on such bonds when due, such county treasurer shall send such money for the redemption of such coupons to the State Board of Land Commissioners at Boise, Idaho, and the said State Board of Land Commissioners on receipt of such money shall clip said coupons and cancel the same and return such coupons to the county treasurer sending the money for the payment of such coupons. Laws 1913, page 517. Formerly Laws 1911, page 517. Redemption of Bonds Sold to State. Sec. 82a. That whenever bonds of independent school districts in the State of Idaho have been sold to the State, the treasurer of such school district when any funds are available for the redemption of such bonds or the in- terest coupons thereon, shall send the money for the redemp- tion of such bonds or interest coupons thereon to the State Board of Land Commissioners at Boise, Idaho, for the re- demption thereof; the said State Board of Land Commis- sioners upon receipt of such money, if received at the proper time for the payment or redemption of either the bond or coupon shall mark such bond or coupon cancelled and paid, and shall forthwith return the same to the treasurer of the school district sending the money therefor. Laws 1913, page 517, Sec. 3. Bonds to be Printed. Sec. 83. The School Trustees of any district must cause to be printed or lithographed, at the lowest rates, suitable bonds, with the coupons attached, when the same becomes necessary, and pay therefor out of any moneys in the County Treasury to the credit of the school District. Laws 1911, page 517. Neglect to Pay Over Money a Felony. Sec. 84. If any of the School Trustees, other than In- dependent School District Trustees having their own treas- urer, fraudulently fail or refuse to pay into the County IDAHO SCHOOL LAWS. 51 Treasury the money arising from the sale of any bonds provided for by this Article, they are guilty of a felony. Laws 1911, page 517. ARTICLE IX, TEACHERS. Section. Section. 85. Register and report of 86b. General duties of teachers. teachers. 87. Teachers must have certifi- 86a. Suspension of pupils by cate. teachers. Register and Report of Teachers. Sec. 85. Teachers of the public schools must be furn- ished with a school register by the trustees of the district, for the purpose of registering the names of their pupils, and their daily attendance at schools, and at the close of the term said register must be delivered to the Clerk of the Board of Trustees of the District. The teacher must also be furnished with a blank report by said trustees, which report said teacher must fill up according to the heading of the same and transmit it to the County Superintendent of the county at the close of the term, and no teacher shall be allowed an order in excess of 90 per cent of his or her salary until said report is so made out and transmitted. Laws 1911, page 517. Suspension of Pupils By Teachers. Sec. 86a. Every teacher in the public schools may suspend, for good cause, any pupil, and report such suspen- sion to the Board of Trustees for review. If the action of the teacher is sustained by the Board, the pupil may be cen- sured and returned to the school or expelled from school, as in the judgment of the Board seems proper ; but if not sus- tained, the teacher may appeal to the County Superintend- ent, whose decision shall be final. Laws 1911, page 517. General Duties of Teachers. Sec. 86b. Every teacher shall make reports, in ad- dition to those mentioned elsewhere in this chapter, which may be required by the State Superintendent, County Su- perintendent, or by the school district Board of Trustees; shall use the text books provided for the schools of the State ; enforce the course of study and the rules and the regulations prescribed by the State Superintendent; hold pupils to a strict account for disorderly conduct or improper language in or about the building, on the play grounds, and on the way 52 IDAHO SCHOOL LAWS. to and from school; shall keep himself or herself without reproach, and endeavor to impress upon the minds of the pupils the principles of truth, justice, morality, patriotism, and refinement, and to avoid idleness, falsehood, profanity, vulgarity and intemperance; give attention during every school term to the cultivation of manners, and shall, if there be a library in the school, devote not less than one hour in each week to systematically reviewing the works contained therein. Laws 1911, page 518. Teachers Must Have Certificate. Sec. 87. No teacher shall be entitled to, or receive, any compensation for the time he or she teaches in any public school without a certificate valid or in force for such time in the county where such school is taught, except that if a teacher's certificate shall expire by its own limitation within six weeks of the close of the term, such teacher may finish such term without re-examination or renewal of his or her certificate. Laws 1911, page 518. ARTICLE X. CERTIFICATION OF TEACHERS. Section. 88. Certificates not granted to aliens. 89. Time, place and manner of holding examinations. State and State Life Cer- tificates. 90a. Classes of certificates. 9 Ob. Same: Where valid. 90c. Same: Powers of State Board of Education. 9 la. State certificate by in- dorsement. 91b. Specialists' state certifi- cates. 92. University of Idaho grad- uates entitled to certifi- cates. 93. Life certificate by indorse- ment. 94. State certificate by exam- ination. 95. Life certificate by exam- ination. 95a. State Board of Education to grade and classify high schools. 95b. High school certificates. 95c. Same. 95d. Same: One year certifi- cates. Section. 95e. Same: Five year certifi- cates. 95f Same: Life certificates. 96. Fees for certificates. 97. Revocation of certificates. 98a. Record of certificates. 98b. Same: Grades. 98c. Same: State Board of Education to prescribe rules. ,County Certificates. 99. Grades of certificates. 100. General requirements. 10 la. Third grade certificates. lOlb. Same: Definition of terms. lOlc. Same: Renewal. 102a. Second grade certificates. 102b. Same: Renewal. 103a. First grade certificates. 103b. Same: Renewal. 103c. Same: Additional require- ments. 104. Special third grade certifi- cate. 105. Permits to teach. 106. Revocation of teacher's certificate. 107. Record of certificates. IDAHO SCHOOL LAWS. 53 Certificates Not Granted to Aliens. Sec. 88. No persons shall be granted a certificate or employed as teacher in any public school who is not a citi- zen of the United States, or who has not declared his inten- tion to become such. Laws 1911, page 518. Time, Place and Manner of Holding Examinations. Sec. 89. Examinations for all classes of certificates, both state and county, shall be held beginning the fourth Thursday in July and the third Thursday in November of each year. The examinations for 'each county shall be held in a suitable room at the county seat, and such examination shall be under the charge of the county superintendent, and shall be conducted in accordance with the rules and regula- tions of the State Board of Education. The questions used in these examinations shall be such only as are sent out under seal by the State Board of Education, and the ques- tions shall be opened on the day of examination in the presence of those to be examined. The county superintend- ent shall send all examination papers of teachers to the office of the State Superintendent for grading in accordance with Section XI, Article 1, of this Act. Laws 1915, page 327. Formerly Laws 1911, page 518. STATE AND STATE LIFE CERTIFICATES. Classes of Certificates. Sec. 90a. The certificates issued by the State Board of Education shall be State Certificates and Specialists' State Certificates, each of which shall be valid for eight (8) years, and State Life Certificates valid for life, unless revoked for cause, and State High School Certificates, as hereinafter provided. Law r s 1915, page 327. Formerly Laws 1911, page 519. Same Where Valid. Sec. 90b. State Life Certificate and State Certifi- cates shall be valid in all schools and grades. State Special- ists' Certificates shall be valid in all school and grades but only in the special subjects for which they are issued. State High School Certificates shall be valid in grades from the 7th to the 12th inclusive. County Certificates as herein- after provided, shall be valid in all. elementary schools. Laws 1915, page 327. Formerly Laws 1911, page 519. 54 IDAHO SCHOOL LAWS. Same Powers of State Board of Education, Sec. 90c. The State Board of Education shall have power to make rules for the giving of credit for successful experience in school work and in other ways recognizing equivalents for the specific requirements for the various certificates. Such rules shall be general and shall be pub- lished in a pamphlet issued by the State Board of Education containing the statutes concerning certification and the regulations of the State Board. Laws 1915, page 327. Formerly Laws 1911, page 519. State Certificate By Indorsement. Sec. 91;a. The State Board of Education may issue State Certificates to persons of good moral character who are graduates from the advanced course (two (2) years' Normal work above a four year high school course) of State Normal Schools of other States, and to graduates of an A. B. or B. S. course, or of the department of education, in any college or university in other states, said state normal school, college or university to be approved by the Idaho State Board of Education, and to persons who hold state life certificates issued upon examination in other states ; Provid- ed, That all applicants for certificates under this Act shall have been actually engaged in teaching within two (2) years of the date of making such application and shall pre- sent with such application satisfactory proof of having been successfully engaged in teaching for a period of not less than eighteen (18) months, together with certificate of graduation from such approved state normal, college, or university, and in addition shall have credit in an exam- ination in Idaho Civil Government including School Law, and Idaho Manual of the Course of Study. Such certifi- cates may be renewed by the State Board of Education so long as the holder thereof is worthy, in their judgment, of continuing to teach in the State. Laws 1915, page 328. Formerly. Laws 1911, page 519; Laws 1913, page 446. Specialists' State Certificates, Sec. 91b. The State Board of Education may issue Specialists' State Certificates, good only for special teach- ers of music, drawing, manual training, domestic science, physical education, kindergarten, primary, commercial work, agriculture, and oral expression to persons of good moral character who present satisfactory evidence that they have completed at least two (2) years' course in such specialty in an approved college or school whose course of study in IDAHO SCHOOL LAWS. 55 each specialty has been approved by the State Board of Education; Provided, That all candidates for such Special- ists' State Certificates as above provided shall first pre- sent satisfactory evidence of having completed an academic course of a grade not lower than graduation from an ap- proved high school before having entered upon such special course of two (2) years' work; Provided, further, That all candidates for such Specialists' State Certificates as above provided, shall have credit in an examination on Idaho Civil Government including School Law, and Idaho Manual of the Course of Study; Provided, further, That such Specialists' State Certificates shall authorize the holders to teach only in the special department or departments mentioned in said certificates. Laws 1915, page 328. Formerly Laws 1911, page 520; Laws 1913, page 446. University of Idaho Graduates Entitled to Certificates. Sec. 92. Every graduate of an approved College or University of Idaho receiving either the degree of the Bachelor of Arts or Bachelor of Science, and the certifi- cate of the head of the Department of Education of said College or University that he has completed the required work in said department, or in lieu of said certificate, has taught successfully in the public schools of the State for a period of two (2) years, shall receive a State certificate from the State Board of Education, if in the judgment of said Board the candidate is not otherwise disqualified. Laws 1913, page 447. Formerly Laws 1911, page 520. Life Certificate By Indorsement. Sec. 93. The State Board of Education may issue a Life Certificate to any person of good moral character who holds a Life Certificate from another state of approved educational standing when such applicant shall present proof that he has been successfully engaged in teaching for at least five (5) years, two (2) of which shall have been in the State of Idaho, and shall furnish satisfactory evidence of his or her ability to instruct and to manage any school in the State by showing that he is either professionally trained or qualified by experience to do such work ; Provided, That the candidate has credit in examination in Idaho Civil Government including School Law and Idaho Manual of Course of Study. Laws 1915, page 329. Formerly Laws 1911, page 520; Laws 1913, page 447. 56 IDAHO SCHOOL LAWS. State Certificate By Examination. Sec. 94. The State Board of Education shall issue a State certificate to any person of good moral character who shall pass a thorough examination in such branches as the State Board of Education may direct; Provided: That such applicant shall present proof that he has been successfully engaged in teaching for at least three (3) years, and shall furnish the Board with satisfactory evi- dence of his ability to instruct and to manage any school within the State, and shall hold at the time a valid first grade county certificate. Laws 1911, page 520. Life Certificate By Examination. Sec. 95. The State Board of Education shall issue a State Life Certificate to any person of good moral char- acter who shall pass a thorough examination in such branches as the board may direct; Provided: That the applicant has been successfully engaged in teaching for at least five (5) years, two (2) of which shall have been in the State of Idaho, and shall furnish the Board with satisfactory evidence of his ability to instruct and to man- age any school within the State, and shall hold at the time a valid State certificate. Laws 1911, page 521. State Board of Education to Grade and Classify High Schools. Sec. 95a. That the State Board of Education of the State of Idaho is hereby empowered to grade and classify the high schools of the State into grades and classes, known as one, two, three, and four-year high schools; the State Board of Education is hereby empowered to adopt and publish standards and requirements required for each of said classes of high schools, together with such require- ments as they shall make for the elementary schools which precede these standard high schools so classified. Laws 1915, page 329. Formerly Laws 1913, page 540, Sec. 1. High School Certificates. Sec. 95b. That the State Board of Education is hereby empowered to grant and issue teachers' High School Certificates in the following classes and with the following regulations and requirements: Laws 1915, page 329. Formerly Laws 1913, page 540, Sec. 2. Same Sec. 95c. Candidates for all classes of High School IDAHO SCHOOL LAWS. 57 Certificates shall be required to have credit in examina- tion in Idaho Civil Government including School Law, and in High School Curriculum, Methods and Organization, in- cluding special high school conditions in Idaho. The latter examination shall be based upon such texts and reports as may be determined by the State Board of Education. Laws 1915, page 330, Sec. a. Same One Year Certificates. Sec. 95d. Teacher's State High School One Year Certificates shall be issued to any person otherwise qualified, upon the completion of at least two (2) years' normal school or college work above high school grade of satisfactory char- acter and quality; the course entitling an applicant to such certificate must include at least two (2) full semesters of professional work for teachers. Certificates granted under this section may be renewed for a term of two (2) years by filing with the State Board of Education satisfactory evidence of not less than eight (8) months' successful teaching. Laws 1915, page 330, Sec. b. Formerly Laws 1913, page 541, 'Sec. 2d. Same Five Year Certificates. Sec. 95e. Teacher's State High School Five- Year Certificates shall be issued to any person otherwise quali- fied and applying therefor upon graduation from any ap- proved college or university, who submits satisfactory evi- dence of not less than fourteen (14) months' successful experience; or upon completion of not less than two (2) years' normal school or college work above high school grade and not less than thirty (30) months' successful experience; Provided, That the above mentioned college, university or normal school work shall include at least three (3) full semesters of professional work for teachers. Laws 1915, page 330, Sec. c. Formerly Laws 1913, page 540, Sec. 2b. Same Life Certificates. Sec. 95f. Teacher's State High School Life Certifi- cates may be issued to any person otherwise qualified ap- plying therefor, upon graduation from an approved college or university, including at least four (4) full semesters' work in professional courses for teachers, and upon satis- factory evidence being given of at least twenty-one (21) months' successful experience; or to the holder of a State High School Five-Year Certificate, with at least five (5) years' successful experience, aggregating not less than forty (40) months. Laws 1915, page 330, Sec. d. Formeriy Laws 1913, page 540, Sec. 2a. 58 IDAHO SCHOOL LAWS. Fees For Certificates. Sec. 96. The following fees are to be paid by persons receiving certificates in accordance with this Act, and said fees shall be paid to the State Treasurer whose receipt therefor must be filed in the office of the State Board of Education before the certificate is issued: For State Life Certificate, or State High School Life Certificate $10.00 For State Certificate, Specialist's Certificate or State Five- Year High School Certificate, or for renewal of any of the above $ 5.00 For State One- Year High School Certificate or re- newal of same $ 2.00 All fees paid as provided above shall be deposited in the State Treasury and credited to the Teachers' Certification Fund and all money now placed to the credit of the State Board of Education Fund is hereby transferred to the Teacher's Certification Fund. The Teacher's Certification Fund and all moneys 'existing therein at any time is hereby appropriated for use by the State Board of Education in defraying any and all expenses incurred by said Board in carrying out the provisions of this Act relating to the cer- tification of teachers. Laws 1915, page 331. Formerly Laws 1911, page 521. Revocation of Certificates. Sec. 97. The State Board of Education shall have power to revoke any State or State Life Certificate for any cause of disqualification which would have been sufficient ground for refusing to issue the same, had the cause exist- ed or been known at the time of its issue; Provided: That before revoking any such certificate, the holder thereof shall have at least thirty (30) days' notice to appear be- fore the State Board of Education and show cause why such revocation should not be made. Laws 1911, page 521. Record of Certificates. Sec. 98a. That State Board of Education shall keep a record of all State and State Life Certificates granted or revoked, showing to whom issued, age of grantee, date of issue, grade of 'each certificate, and if revoked, the date and reason therefor. Laws 1915, page 331. Formerly Laws 1911, page 521, Sec. 98. IDAHO SCHOOL LAWS. 59 Same Grades. Sec. 98b. A record shall be kept of all grades ten per cent. (10%) above passing grade of all candidates for certificates who fail to obtain such certificates. At any time within twelve (12) months from the date of the ex- amination at which such grades were attained, the candi- date may again be examined for a certificate and receive credit for such grades. After twelve (12) months such grades shall be cancelled and cease to have validity. Laws 1915, page 331. Same State Board of Education to Prescribe Rules. Sec. 98c. The State Board of Education shall have power to make rules for the recording upon any certificate of a statement of special training or other experience con- cerning which the holder has filed evidence in various lines of educational work in which he is especially prepared to instruct or direct. Laws 1915, page 331. COUNTY CERTIFICATES. Grades of Certificates. Sec. 99. The certificates issued by the County Super- intendents in accordance with Section 12, Article 1 and with Sections 88 and 89 of this Article shall be of three (3) grades, valid in the counties in which they are issued for the term hereinafter specified, unless sooner revoked : First grade, five (5) years from the date thereof. Second grade, three (3) years from the date thereof. Third grade, one (1) year from the date thereof. Provided: That county certificates of all grades shall be good in any county in the State for the same period by the holder thereof filing a certified copy of the same with the County Superintendent in the county in which he desires to teach. Laws 1915, page 332. Formerly Laws 1911, page 521. General Requirements. Sec. 100. The County Superintendent shall grant cer- tificates in such form as th'e State Board of Education shall prescribe, to those persons only who shall have attained the age of eighteen (18) years, who are of good moral character, and who, if the applicant has taught, shall have proved his ability to govern and instruct a school. 60 IDAHO SCHOOL LAWS. Each applicant for a County Certificate shall pay to the County Superintendent the sum of one dollar ($1.00), the same to be deposited in the County Treasury to the credit of the institute fund to be used in the institute work in addition to the regular appropriation. The County Superintendent, upon issuing county certifi- cates in accordance with the report of the State Board of Education as provided in Section 13, Article 1, shall collect and forward to the State Treasurer for deposit in the Teacher's Certification Fund the sum of three ($3.00) dol- lars for each first grade teacher's certificate; the sum of two ($2.00) dollars for each second grade teacher's certifi- cate, and one ($1.00) dollar for each third grade teacher's certificate issued. No certificate shall be issued unless the applicant shall attain a general average of eighty-five (85) per cent., with no subject below seventy-five (75) per cent. After May 1, 1914, no person shall be granted a certifi- cate who has not completed at least one (1) year of school work in a standard high school or its equivalent, and after May 1, 1915, no person shall be granted a certificate who has not completed at least two (2) years of high school work or its equivalent, and after May 1, 1917, no person shall be granted a certificate who has not completed four (4) years of high school work or its equivalent; Provided: That this requirement shall not apply to any one who had taught at least eight (8) school months before May 1, 1914, and Provided, further: That the State Board of Ed- ucation may make such temporary modifications of the re- quirements of this section as may be necessary to supply the schools with teachers. Laws 1915, page 332. Formerly Laws 1911, page 522. Third Grade Certificates. Sec. lOla. Every 'applicant for a third grade certifi- cate shall be examined in ortheopy, spelling, reading, pen- manship, arithmetic, elementary composition, grammar, geography, history of the United States, the civil govern- ment of the United States, and of the State of Idaho, physiology and hygiene with special reference to the ef- fects of stimulants and narcotics upon the human system, school law, the manual of the elementary course of study for the common schools of Idaho, and the elements of ag- riculture; and in addition to passing examinations in the aforesaid branches he shall have attended a professional school for teachers for at least six (6) weeks and shall have received in such school standings in the School Laws of Idaho, in school management, and in the methods of IDAHO SCHOOL LAWS. 61 teaching reading and language, arithmetic, history and geography; Provided, however: That the provisions of this section relative to attendance at professional schools for teachers shall not apply to persons who have taught successfully for at least eight (8) months prior to July 1, 1911. Laws 1911, page 522. Same Definition of Terms. Sec. lOlb. In this Act "Professional School for Teachers" shall mean a state normal school, a state summer normal school for teachers, the department of education in the State University, or, in counties remote from a state normal school or state summer normal school for teachers, a teachers' normal institute maintained under such con- ditions and restrictions as may be provided by the State Board of Education; Provided: That such institute shall be taught by at least two (2) teachers and be of not less duration than six (6) weeks and shall receive in connec- tion therewith a model or a practice school. Laws 1911, page 523. Same Renewal. Sec. lOlc. A third grade certificate shall entitle the holder to teach for such period, not more than one (1) year, as may be specified therein, in the county in which the cer- tificate is issued. A third grade certificate may be re- newed if the holder shall, during the life of the certificate, attend a professional school for teachers for a period of not less than six (6) weeks and shall receive in such school credits in at least two (2) subjects. The holder of a third grade certificate may also renew the same by pass- ing an examination in all the subjects required for a third grade certificate. Not more than three (3) third grade certificates shall be granted after July 1, 1911, to the same person. Laws 1911, page 523. Second Grade Certificates. Sec. 102a. An applicant to receive a second grade certificate shall have taught successfully in the public schools for at least seven (7) months and shall pass a satis- factory examination in all branches required for a third grade certificate, and, in addition, in physical geography, American literature, English composition, and in the cata- loguing and the use of school libraries. The County Super- intendent may transfer the standings of a third grade cer- 62 IDAHO SCHOOL LAWS. tificate in force to a second grade certificate if the holder of such third grade certificate has taught a school success- fully for at least seven (7) months and has attended, since receiving such third grade certificate, a professional school for teachers for at least six (6) weeks and received credits in at least two (2) subjects of Normal School or University grade. Laws 1915, page 333. Formerly Laws 1911, page 523; Laws 1913, page 447. Same Renewal. Sec. 102b. Such second grade certificate may also be renewed without examination provided the holder thereof has taught successfully for not less than fourteen (14) months during the life of such certificate and has attended a professional school for teachers at least six (6) weeks and received credits in at least two (2) subjects. Not more than two (2) second grade certificates shall be granted after July 1, 1911, to the same person. Laws 1915, page 333. Formerly Laws 1911, page 524; Laws 1913, page 448. First Grade Certificates. Sec. 103a. An applicant to receive a first grade cer- tificate shall have taught successfully for at least seven (7) months in the public schools and shall pass a satisfactory examination in all the branches required for a second grade certificate and in addition in English literature, principles of teaching, algebra, physics or botany, and mediaeval and modern or English history. The County Superintendent may transfer the standings of second grade certificate in force to a first grade certificate if the holder of such second grade certificate has taught a school successfully for at least seven (7) months and has attended, since receiving such second grade certificate, a professional school for teachers for at least six (6) weeks and received credits in at least four (4) subjects. Laws 1915, page 334. Formerly Laws 1911, page 524; Laws 1913, page 448. Same Kenewal. Sec. 103b. A first grade certificate may be renewed once by the County Superintendent provided the holder has taught successfully for a period of twenty-one (21) months and has done eighteen (18) weeks' professional work in a professional school, and received credits in such work. Laws 1915, page 334. Formerly Laws 1911, page 524; Laws 1913, page 448. IDAHO SCHOOL LAWS. 63 Same Additional Requirements Sec. 103c. Repealed Laws 1915, page 334. Formerly Laws 1913, page 448. Special Third Grade Certificate Sec. 104. Repealed Laws 1915, page 334. Formerly Laws 1911, page 524. Permits to Teach. Sec. 105. Whenever the supply of legally qualified teachers in any county has been exhausted the County Su- perintendent, with the approval of the State Superintend- ent, may endorse the certificates or diplomas of teachers from other counties or other states by writing thereon "Good until the next regular examination to be held on 19.1 ". The teacher holding such permit shall not teach thereon after the next regular ex- amination, nor shall a second permit be issued to the same person within three (3) years of the issuance of the afore- said first permit. A record of all permits shall be pre- served in the office of the State Superintendent. Laws 1915, page 334. Formerly Laws 1911, page 524. Revocation of Teacher's Certificate. Sec. 106. The County Superintendent shall have power to revoke any county certificate for neglect of duty, for in- competency to instruct and govern a school, for immorality or for any cause which should have been sufficient ground for refusing to issue the same, had the cause existed or been known at the time of its issue; Provided: That no certifi- cate shall be revoked or annulled without a personal hear- ing, unless the holder thereof shall, after thirty (30) days' notice, neglect or refuse to appear before the Superintend- ent for that purpose; Provided, further: The said teacher shall have the right to appeal to the State Board of Educa- tion, whose decision shall be final; Provided, further: That it shall be the right of any citizen to bring to the attention of the State Board of Education any case in which the County Superintendent shall neglect or refuse to revoke a certificate when cognizant of the facts in the case, and it shall be the dutv of the State Board of Education, through its executive officer, to investigate the charges, and if proved true in accordance with the reasons set forth in this section, then the State Board of Education is empowered to revoke the certificate in question. Laws 1915, page 335. Formerly Laws 1911, page 525. Record of Certificates. Sec. 107. The County Superintendent shall keep a record of all certificates granted or revoked, showing to 64 IDAHO SCHOOL LAWS. whom issued, age of grantee, date of issue, grade and dura- tion of each certificate, and if revoked, the date and rea- son therefor. Laws 1911, page 525. AETICLE XI, TEACHERS' INSTITUTES. Section. Section. 108. County Superintendent to 110. Teachers of adjourned hold Institute. schools to draw pay. 109. Teachers must attend In- 111. Conduct and expenses of stitute. Institute. County Superintendent to Hold Institute. Section 108. The County Superintendent of each coun- ty in this State must hold annually a teachers' institute at such time as he may designate, and such institute must continue in session not less than five (5), nor more than fifteen (15) days. He must give at least ten (10) days' notice of the time and place of holding such institute by publication in some newspaper published in the county, and by written notice to each qualified teacher in the coun- ty; Provided: That two or more counties may unite in holding a joint institute under the joint supervision of the county superintendents of such counties. Laws 1911, page 525. Teachers Must Attend Institute. Sec. 109. It is the duty of all teachers engaged in the county and of all persons holding certificates to attend such institutes at least five (5) days, and participate in the exercises thereof, and all teachers who may have charge of schools at the time of holding the annual insti- tute must adjourn their schools for the time during which the institute is held; Provided: That when joint institutes are held in accordance with the provisions of the preceding section, it shall be the duty of all teachers in said counties, and of all persons holding certificates therein, to attend such joint institute at least five (5) days. Laws 1911, page 526. Teachers of Adjourned Schools to Draw Pay. S'ec. 110. All teachers who may adjourn school for the purpose of attending any annual county or joint insti- tute must be allowed the same pay while in actual attend- ance as when teaching, and the County Superintendent IDAHO SCHOOL LAWS. 65 must certify to the number of days' attendance of each teacher, iand the trustees of the several districts must count them as so many days lawfully employed. Laws 1911, page 526. Conduct and Expenses of Institute. Sec. 111. The County Superintendent shall procure the services of one or more competent persons to assist in conducting said institute, he must also provide a building, lights, stationery, janitor service, and all things necessary for the holding of the institute ; and must present an item- ized account of such expenses, not to exceed One Hundred Fifty Dollars ($150) exclusive of the amount received from fees of applicants for teachers* certificates, to the auditor of his county, which sum, or as much thereof as may be needed, is hereby appropriated, and, upon the pres- entation of said itemized account, the county auditor shall issue a warrant on the current expense fund in favor of the County Superintendent equal to the amount of such ex- penses, and the county auditor shall draw a warrant on the institute fund for institute fees, upon demand of the County Superintendent; Provided: In case joint institutes are held as provided in Section 109, the County Superin- tendents of the counties holding such institutes shall each present an itemized account of such expenses, as aforesaid, to the auditor of his county, and the expenses thereof shall be borne equally by such counties, and the county auditor shall issue a warrrant in favor of the County Superintendent for the part chargeable against such county. Laws 1911, page 526. ARTICLE XII. SUMMER NORMAL SCHOOLS Article XII comprising Sections 112 to 121 inclusive was repealed in 1915. Laws 1915, page 144. ARTICLE XIII. INDEPENDENT SCHOOL DISTRICTS. Independent School Districts are governed by the provisions of Arti- cle XIII to the exclusion of Article V. Wood vs. Independent School District, 21 Ida. 734; 124 Pac. 780. Section. Section. 122. Organization of districts. 124. Board of Trustees: Terms 22a. Validation of formation. of office. 122b. Organization conclusive 125a. Election of Trustees: Qual- after six months. iflcations ov voters: Tie 123. Corporate powers. vote. 66 IDAHO SCHOOL LAWS. Section. 129i. Same: To require pupils to furnish their own books. 12 9 j. Same: To exclude sectar- ian matters. 129k. Same: To require teach- ers to conform to law. 1291. Same: Morals and health 129m. Same: Gymnasiums and playgrounds. Independent Districts (Class A.). 129aa. Independent Districts Class A: Additional powers. 129bb. Same: To adopt inde- pendent course of study. 129cc. Same: To adopt text books. 129dd. Same: To employ super- intendent for term of years. Issuance of funding- bonds. Bond elections for erec- tion of school buildings. Tax levy for redemption of bonds. Application of school law. 130. 131. 132. 133. Section. 12 5b. Death, change of resi- dence and misfeasance of Trustees: Vacancy. 126. Prohibition against con- tracts with Trustees. 127. Qualification and organi- zation of board. 128. Meetings of board. 129. Duties and powers of Trustees. Independent Districts (General). 12 9a. Duties and powers of Trustees: To make By- laws. 12 9b. Same: To employ and discharge teachers: Tui- tion. 129c. Same: Special Tax: Lev- ies. 12 9d. Same: To provide equip- ment. 129e. Same: To repair, insure and preserve school property. 129f. Same: To build and re- move school houses. 129g. Same: To expel pupils. 129h. Same: Qualifications of teachers: Length of school term. Organization of Districts. Section 122. Whenever any school district within this State, as defined by the board of county commissioners, has within its limits taxable property of the amount of One Hundred Fifty Thousand Dollars ($150,000) or over, as shown by the last assessment roll for the county, it may be organized into an independent school district upon a vote of one-fifth (1-5) or over of those within the district who are qualified to vote at school elections, petitioning the said board for the establishing of such districts as an independent school district; and if a greater number of qualified voters do not remonstrate against such establish- ment, the board must clearly, by its order of record, de- fine the boundaries of such district, if not already done, and within one (1) month order that the question of so establishing such independent school district must be sub- mitted to a vote of all the electors of the district, who, under the provisions of this Chapter, are authorized to vote for the levy of taxes and issue of bonds, and must make the necessary arrangements for such election, giv- ing at least twenty (20) days' notice thereof, and the time and the place of holding the same. If a majority of those so voting vote in favor of so organizing such independent district, said board must make its order of record and de- IDAHO SCHOOL LAWS. 67 clare such district established, and designate it as the "In- dependent School District (state name and number of district) , in County, Idaho." If, after any independent school district has been or- ganized in the State of Idaho as hereinbefore provided which may have heretofore been created or organized, or which may hereafter be created or organized, and it is de- sired to divide or change the boundary lines of said inde- pendent school district, it shall be done as follows: A peti- tion for the division of such independent district, or changing the boundaries thereof, must be signed by at least twenty-five (25) per cent, of the parents or guard- ians of children of school age within said independent school district and shall be filed with the clerk of thte board of county commissioners at least twenty days be- fore the next regular session of the board. The county commissioners shall, at their first regular session after the filing of such petition, examine said petition and if found to contain the required number of signers, shall order an election to be held in such independent school district submitting the question of division or change of bound- aries of said district to all the voters of the district pro- posed to be divided. Said election shall be conducted in the same manner and in all respects as elections held for the purpose of creating independent school districts. No one shall be entitled to vote at said elections except heads of families and resident tax payers. If the majority of all those voting at such election vote in favor of the division of the district, or change of boundaries thereof, the same shall be declared divided into common or independent school districts according to the provisions of the ques- tion submitted. The part of the district retaining the school house shall retain the number of the old district; Provided, however, That no new independent school dist- rict shall be thus created unless it shall have at least One Hundred and Fifty Thousand Dollars ($150,000) of tax- able property within the new district and One Hundred anl Fifty Thousand Dollars ($150,000) of taxable prop- erty be left within the old district, as shown by the assess- ment roll of the preceding year; nor shall any incorporat- ed city or town be divided into two or more independent school districts; nor shall any independent school district be divided if there is any outstanding bonded indebted- ness against said district. Provided, further, That when- ever the parents or guardians of ten (10) or more child- ren of school age residing within an independent school district, and who reside five (5) miles or more from the school house of such district, shall petition the trustees 68 IDAHO SCHOOL LAWS. thereof to establish a branch school for their benefit, then the said trustees may, if they deem it advisable, establish a school in said independent district, to be located most conveniently for the benefit of said petitioners, and the same shall be maintained and be under the supervision of said trustees of such independent district the same as any other school in the district; Provided, however, That no such school shall be so established if there is another school in the same district within three (3) miles of the school petitioned to be established. No changes of bound- aries, divisions, or organization of new districts shall take effect until the opening of the school year succeeding. Laws 1913, page 504. Formerly Laws 1911, page 528. Cross References: Formation of Consolidated Independent Districts. See Sees. 49a-e. Formation of Joint Independent Districts. See Sees. 50a and 50b. Validation of Formation. Sec. 122a. All proceedings for the establishment, or- ganization, or formation of rural high school districts and independent school districts had prior to the passage and approval of this act are hereby validated and declared legal, and all ruml high school districts and independent school districts the organization, formation or establish- ment of which have been attempted prior to the passage and approval of this act, are hereby declared to be legally formed, established and organized. Laws of 1913, page 304, Sec. 1. Organization Conclusive After Six Months. Sec. 122b. In all cases where rural high school dis- tricts and independent school districts have heretofore been, or may hereafter be, formed, organized or established, the order of the board of county commissioners declaring such districts formed or established shall, after a period of six months from the date of the entry of such order, be conclusive evidence that such school districts have been legally formed, established and organized. Laws of 1913, page 304, Sec. 2. Corporate Powers. Sec. 123. The district so established is constituted a body corporate, and succeeds to the title of all property rights and privileges, and assumes and must discharge and pay all debts, obligations and duties belonging to or devolving upon the old district or districts of which it is so formed and established, and by its corporate name it may: IDAHO SCHOOL LAWS. 69 1. Make contracts, sue, and be sued. 2. Take, hold and convey such real and personal prop- erty only as is needed for actual school purposes. 3. Have a corporate seal. 4. Choose such officers as are herein provided for. Laws 1911, page 529. Board of Trustees Terms of Office. Sec. 124. The officers of such district shall consist of a board of trustees, composed of six (6) qualified elec- tors who are resident freeholders within the district. The first board of trustees must be appointed by the board of county commissioners immediately after the district is so established and shall hold their offices for terms as fol- lows, to-wit: Two (2) until the next school election under the provisions hereof; two (2) for one (1) and two (2) for two (2) years after such election, and until their suc- cessors are elected and qualified. Said board so appoint- ing must designate the term of each trustee so appointed. Laws 1911, page 529. Election of Trustees Qualifications of Voters Tie Vote. Sec. 125a. There must be an election for two (2) mem- bers of the board of trustees, to be held on the first Tuesday of September following the establishment of such district, and annually thereafter an election must be held to elect two (2) trustees. The clerk of the board must give at least ten (10) days notice of the time and the place of such election by publication in a newspaper, and by three (3) posted notices in the district, and at all elections under this Article, voters must have the same qualifications as pre- scribed for the general elections in this State. At such elec- tions, any person offering to vote may be challenged and re- quired to take all oaths required for voters at the general elections in this state, and on refusing to take such oath must not be allowed to vote. The board of trustees may appoint for all such elections two (2) judges and one (1) clerk. Voting must be by secret ballot, such ballots and list of voters to be kept for sixty (60) days by the secretary of said school board, and if, upon counting the ballots, there is a tie and three qualified persons have the highest and an equal num- ber of votes, the board of trustees must select two (2) from the three (3), and when there is a failure to elect by rea- son of a tie vote, the board of trustees must select. Laws 1911, page 529. 70 IDAHO SCHOOL LAWS. Death, Change of Residence, and Misfeasance of Trustee Vacancy. Sec. 125b. If any trustee dies, removes from the dis- trict, or ceases to have the qualifications for such office, or for any cause his offijce is vacant, or he neglects or refuses to act, or without excuse ceases to attend the meetings of the board for four (4) successive regular meetings thereof, his office thereby becomes vacant and a majority of said board of trustees may appoint another qualified person to fill his unexpired term. Laws 1911, page 530. Prohibition Against Contracts With Trustees. Sec. 126. No trustee shall be interested directly or indirectly in any contract let, or made by or with the board, or with any officer thereof, or in any supplies fur- nished to or for said district, or a surety for the perform- ance of any contract with said board or district, or the agent or partner of any contractor. with said board or dis- trict; and no action can be maintained or recovery had against said board or district upon any contract or obliga- tion in which any trustee is so interested, but the same is void. Laws 1911, page 530. Qualification and Organization of Board. Sec. 127. Each trustee shall, before entering upon the duties of his office, take and subscribe the official oath, which must be filed with the County School Superintend- ent. Immediately after the appointment of such trustees by the board of county commissioners, as above provided, and after each annual election, the trustees, or a majority thereof, shall meet at the school house and organize as a board, and from their number shall select a chairman, a clerk, and a treasurer, or they may elect as treasurer some competent and responsible person who is not a trustee, and said treasurer shall be required to deposit the school moneys in such bank or banks as will pay the highest rate of interest on daily balances, dividing the money to two or more banks if the same offer the same rates of interest. Said trustees of independent school districts may provide pay or compensation for the clerk, but no other school of- ficer whatever shall receive any pay or compensation for his time or services or in any way be allowed to make any pecuniary profit or gain by reason of his office, and any school officer or person who has the custody in any way of any school funds shall give bonds, with at least two (2) good sureties in double the amount of funds likely at any time to be in his custody. Laws 1911, page 530. IDAHO SCHOOL LAWS. 71 Meetings of Board. Sec. 128. Regular meetings of the board of trustees shall be held on the second Monday of each month, and special meetings may be called by the chairman of the board, or by any two (2) trustees, by personal notice of the time and the place of such meetings to each member of the board, or, if he cannot be found, by leaving such notice at his place of residence with some person of suit- able age and discretion. Four (4) trustees constitute a quorum for the transaction of any business, but a less number may adjourn any regular meeting from time to time, until a quorum can be obtained, but no meeting of the board not provided for by the rules or by law is legal unless all the members thereof have been notified as pro- vided for in this section. Laws 1911, page 531. Duties and Powers of Trustees. Sec. 129. The board of trustees of said district shall have power, and it is their duty: Laws 1913, pages 449 and 527. Formerly Laws 1911, page 531. INDEPENDENT DISTRICTS (GENERAL). Duties and Powers of Trustees To Make By-Laws. Sec. 129a. To make such by-laws for their own govern- ment and for the government of the schools of the district as they may deem expedient, not inconsistent with the pro- visions of this Chapter; Laws 1913, pages 449 and 527, Sec. 129 (a) 1. Formerly Laws 1911, page 531. Cited: Barton vs. Rogers, 21 Ida. 609; 123 Pac. 478. Same To Employ and Discharge Teachers Tuition. Sec. 129b. To employ or discharge teachers, mechanics, and laborers, and to fix, allow, and order paid their salaries and compensation; to determine and charge tuition for pupils residing outside of boundaries of the district, and to withhold the salary of a teacher when the County Su- perintendent notifies the board that the teacher does not hold a valid cerificate; Laws 1913, page 449, Sec. 129 (a) 2. Formerly Laws 1911, page 531; Laws 1913, page 527. Cross Reference: Tuition. See Sees. 196-199 inclusive. The motives and purposes of a school when discharging a teacher under this section cannot be put in issue in an action for damages under the charge of a civil libel. Barton vs. Rogers, 21 Ida. 609; 123 Pac. 478. Section construed: Hermann vs. Independent District, 24 Ida. 554; 135 Pac. 1159. Annotator's Xote: See annotator's note to Section 129c. 72 IDAHO SCHOOL LAWS. Same Special Tax Levies. Sec. 129c. To levy a special tax, if necessary, which, when added to money apportioned by the County Superin- tendent of Schools, will be sufficient to provide funds for the maintenance of the schools for nine (9) months in each year; the special taxes levied by said board of trustees for the payment of interest on bonds and sinking fund, for pay- ment of bonds at maturity, together with the levy for the maintenance of schools, shall not -exceed ten (10) mills on the Dollar of the assessed valuation of all property in the district; Provided, That districts maintaining rural school routes, may levy a tax in addition to the aforesaid ten (10) mills sufficient to maintain the said rural school routes, said tax for school routes not to exceed four (4) mills; Laws 1913, page 528, Sec. 129 (a) 3. Formerly Laws 1913, page 449; Laws 1911, page 531. Annotator's Note: Sec. 129 was twice amended in 1913, pages 449 and 527. The amendment at page 449 was directed solely at subdi- visions (a) 2 and (b), while that at page 527 was directed solely at subdivision (a) 3. On this ground the two amendments appearing at page 449 and the one appearing at page 527 are included in this compilation. Levies: The maximum levy in an independent school district is ten mills for a special tax and four mills additional when the independent district maintains a rural route. Section 129 of the school law, as amended in 1913, at page 528 of the 1913 Session Laws is controlling upon this subject rather than the section as it appears at page 449 of the 1913 Session Laws. Op. Attorney General. J. J. Surges, 6-ll-'14. Same To Provide Equipment. Sec. 129d. To provide furniture, fixtures, apparatus, library and everything needed in the school house or for the use of the board ; Laws 1913, pages 449 and 528, Sec. 129 (a) 4. Formerly Laws 1911, page 532. Same To Eepair, Insure and Preserve School Property. Sec. 129e. To rent, repair and insure school houses and property, and preserve the same for the benefit of the schools of the district ; Laws 1913, pages 449 and 528, Sec. 129 (a) 5. Formerly Laws 1911, page 532. Same To Build and Remove School Houses. Sec. 129f. To build or remove school houses and build- ings and to purchase or sell school lots ; Laws 1913, pages 450 and 528, Sec. 129 (a) 6. Formerly Laws 1911, page 532. Same To Expel Pupils. Sec. 129g. To expel pupils from school who refuse to IDAHO SCHOOL LAWS. 73 obey the rules thereof, and to exclude from school, children under six (6) years of age; Laws 1913, pages 450 and 528, Sec. 129 (a) 7. Formerly Laws 1911, page 532. Same Qualifications of Teachers Length of School Term. Sec. 129h. To determine the number and qualifications of teachers who shall be employed, to determine if school shall be maintained for more than nine (9) months, to fix the date of the beginning of the school year, to determine the length of the school day, and to provide for the dismissal of primary pupils before the regular time of closing school ; Laws 1913, pages 450 and 528, Sec. 129 (a) 8. Formerly Laws 1911, page 532. Same To Require Pupils to Furnish Their Own Books. Sec. 129i. To require pupils to be furnished with proper and suitable books and supplies as a condition of member- ship in the schools; Laws 1913, pages 450 and 528, Sec. 129 (a) 9. Formerly Laws 1911, page 532. Same To Exclude Sectarian Matters. Sec. 129 j. To exclude from the schools and school libraries of said district all books, papers and catechisms of a sectarian nature; Laws 1913, pages 450 and 528, Sec. 129 (a) 10. Formerly Laws 1911, page 532. Same To Require Teachers to Conform to Law. Sec. 129k. To require teachers to conform to the law of the State and regulations of the school board ; Laws 1913, pages 450 and 528, Sec. 129 (a) 11. Formerly Laws 1911, page 532. Cited: Barton vs. Rogers, 31 Ida. 609; 123 Pac. 478. Same Morals and Health. Sec. 1291. To protect the morals and health of the pupils while at school. Laws 1913, pages 450 and 528, Sec. 129 (a) 12. Formerly Laws 1911, page 532. Same Gymnasiums and Playgrounds. Sec. 129m. To purchase or otherwise acquire grounds or sites for play grounds and gymnasiums and build and erect gymnasiums in their districts, either in connection with school buildings or as separate buildings; to equip and maintain all such playgrounds and gymnasiums with all necessary apparatus and fixtures ; to issue and sell bonds 74 IDAHO SCHOOL LAWS. in the manner as provided for by law to raise money for the purpose of buying such grounds, sites and building such gymnasiums and purchasing apparatus and fixtures there- for. Provided that in the event of the issuance of bonds as provided for in this section the board of trustees may levy for the proper maintenance and care of the gymnasium and grounds a special tax which together with all other taxes levied by such board shall not in any one year ex- ceed twenty mills on the dollar. To prescribe the rules and regulations for the use of such play grounds, gymnasiums and apparatus by the pupils of their districts and by which others than the pupils of their districts may use the same, and to fix the membership fee which such other per- sons shall be compelled to pay for such privileges; and to do all other things in connection with the purchasing or acquiring the sites and building gymnasiums and the equipping playgrounds and gymnasiums with necessary apparatus and fixtures which are not prohibited by law. Laws 1913, page 53. INDEPENDENT DISTRICTS (CLASS A). Independent Districts Class A Additional Powers. Sec. 129aa. When an independent school district shall employ twenty (20) or more teachers, it shall be known as an Independent District of Class A, and shall have, in addition to the above enumerated powers and duties, the following special powers and duties: Laws 1913, page 450, Sec. 129 (b). Formerly Laws 1911, pa^e 532. Annotator's Note: See annotator's note to Sec. 129c. Laws 1913, page 528, Sec. 129 (b) is not in force. Op. Attorney General. Same To Adopt Independent Course of Study. Sec. 129bb. To adopt a course of study for their system of schools other than the State course if they so elect, and to prescribe the examinations, tests, and qualifications neces- sary for pupils to enter the various grades of the element- ary school and of the high school. Laws 1913, pages 450 and 529, Sec. 129 (b) 1. Formerly Laws 1911, page 532. Same To Adopt Text Books. Sec. 129cc. To adopt text books for their system of schools, and to make such contracts with the publishers as shall seem for the best interests of the district; Provided: That this section shall not operate to destroy any contract now in force, but shall operate in the selection of books for IDAHO SCHOOL LAWS. 75 which the district is not now under contract, and shall operate in the selection of all books on and after September 1, 1913. Laws 1913, pages 450 and 529, Sec. 129 (b) 2. Formerly Laws 1911, page 533. Same To Employ Superintendent For Term of Years. Sec. 129dd. To employ a superintendent of schools for a term not to exceed three (3) years, who shall be the executive officer of the board, with such powers and duties as they may prescribe, together with such powers and du- ties as are now or may hereafter be prescribed by the laws of the State, to fix, allow and order paid his salary, and to discharge said superintendent for incompetency, im- morality, or gross neglect of duty. Laws 1913, pages 450 and 529, Sec. 129 (b) 3. Formerly Laws 1911, page 533. Issuance of Funding Bonds. Sec. 130. The board of trustees of any independent school district, organized under any general or special law, may issue negotiable coupon bonds of their district for the purpose of paying, redeeming, funding, refunding, pur- chasing and redeeming the outstanding indebtedness of their district, whenever the same can be done to the profit or advantage of the district and without the district incurring any additional indebtedness or liability exceedings in any year the income or revenue pro- vided for such year. Said bonds must bear interest at a rate not exceeding six (6) per centum per annum, payable semi-annually at the office of the treasurer of the district, or at such banking house in the city of New York as may be designated by the board of trustees; and the principal of said bonds, or any part thereof, may, at the option of the district be paid at any time after ten (10) years, and must be paid within twenty (20) years from the time they are issued, and in the order in which they are issued and num- bered. Semi-annual interest coupons covering the interest to become due must be attached to each bond; the bonds must be signed by the presiding officer of the board and at- tested by its secretary and the seal of the district, if it has a seal, and the coupons must be signed and the bonds regis- tered by the treasurer of the board. No bond shall be sold at less than its par value, and the proceeds thereof must be devoted to the payment, redemption or refunding of the outstanding bonded indebtedness of the district. Laws 1915, page 250, Sec. 1. Formerly Laws 1911, page 533. Independent school districts do not have authority to issue funding bonds for the purpose of funding other than bonded indebtedness. Op. Attorney General. E. O. Sisson, 4-14-'15. 76 IDAHO SCHOOL LAWS. Bond Elections For Erection of School Buildings. Sec. 131. The board of trustees of any independent district may, whenever two-thirds (2-3) of the board so decide, submit to the qualified electors of the State of Idaho, who are resident freeholders or householders of the district, at an election to be held for that purpose and to be called and conducted as other school elections in said district, the question whether the board shall be author- ized to issue the negotiable coupon bonds of the district in an amount to be mentioned in the notice of election, not to exceed five (5) per cent of the assessed valuation of the property in said district, for the purpose of providing and improving school houses and grounds and furniture, ap- paratus, and fixtures for said district, or for any or either of said purposes; and if at such election two-thirds (2-3) of the qualified electors of said district voting at said elec- tion assent thereto, the board of trustees may issue such bonds of the district to the amount and for the purpose designated in said notice, which bonds shall be in all re- spects similar to, and shall be signed, negotiated, regis- tered, bear interest and be made payable as the bonds pro- vided for in the last preceding section ; and no bond shall be sold for less than its par value, and the proceeds there- of must be devoted to the purposes mentioned in said notice. Laws 1913, page 526. Formerly Laws 1911, page 534. Tax Levy For Redemption of Bonds. Sec. 132. The Board of Trustees of any such district that has issued bonds under either of the last two preceding sections must annually levy upon all taxable property of the district, in addition to other authorized taxes, a tax sufficient to pay the interest on all bonds so issued as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty (20) years from the time the bonds are issued; which taxes shall be levied, assessed, collected and paid over in the district, and shall be devoted to the payment of the principal and interest of said bonds only; and the accumulated sinking fund may be used for the redemption of said bonds at any time after ten years from the date of their issue. Laws 1911, page 534. Application of School Law. Sec. 133. All the provisions of this chapter provid- ing for a public school system, wherein not contradictory to or inconsistent with the provisions of this article, and IDAHO SCHOOL LAWS. 77 which may be applicable to the objects thereof, are adopted as a part of the law governing the establishment and management of Independent School Districts. All the provisions of this Code applicable to Independent School Districts shall also apply to Special Independent School Districts. Laws 1911, page 534. ARTICLE XIV. RURAL HIGH SCHOOLS. Section. 134. Formation: Petition. 134a. Consolidation of rural high school districts. 13 4b. Same: Liability for bonds. 135. Formation: Election. 136a. Trustees: Appointment: Tenure of office. 136b. Trustees: Oath of office. 136c. Trustees: Organization: President: Clerk. 136d. Trustees of districts cre- ated prior to 1911. 137. Meetings of Trustees. 137a. Powers of Trustees: Su- pervision of school. 137b. Same: To fix rates of tui- tion. 137c. Same: To appoint teach- ers. Section. 137d. Same: To make rules and regulations: To fix length of school term; To sus- pend and expel pupils. 137e. Same: To hold and man- age real property. 137f. Same: To provide course of study. 137g. Same: To fix amount of special tax: To issue de- ficiency warrants. 137h. Same: To call meetings to vote on building pro- gram. 138. Officers of board: Duties. 139. Bonds: Election. 140. Supervision by the State Board of Education. 141. Segregation of component districts. Formation Petition. Sec. 134. That when the heads of a majority of the families residing in each of two or more regularly organ- ized school districts in this State, not haying within their limits an incorporated city, shall petition the board of county commissioners of their county to unite them into a rural high school district, for the purpose of maintaining a rural high school therein, the said board of county com- missioners shall submit the question to a vote of the qual- ified electors of the districts so petitioning at a special election called for that purpose, within sixty days from the date of the receipt of such petition; Provided: That the proposed rural high school district shall not, except with the unanimous consent of the board of county com- missioners, embrace a greater territory than that included within a six-mile radius from the proposed center of the district. Laws 1911, page 535. Cross References: Joint Rural High School District. See Section 50a. Dismemberment by division of county. See Section 50b. Vali- dation of organization. See Section 122a. Collusiveness of organiza- tion after six months. See Section 122b. 78 IDAHO SCHOOL LAWS. There are two jurisdictional requisites for the creation of a rural high school district: First, filing with the Board of County Commis- sioners the requisite petition; and, second, the submission of the ques- tion to a vote of the electors. If a majority of the votes cast at such election are in favor of creating the district, the district is thereby created. Pickett vs. Board, 24 Ida. 200; 133 Pac. 112. Consolidation of Rural High School Districts. Sec. 134a. That when a majority of the heads of fami- lies who are residents in each of the two or more regularly organized rural high school districts in this State, or one or more regularly organized high school districts and one or more regularly organized school districts, shall petition the Board of County Commissioners of their county to unite them into a single rural high school district for the purpose of maintaining a rural high school therein, the said Board of County Commissioners shall submit the question to a vote o'f the qualified electors of the districts so petitioning, at a special election called for that purpose, within sixty days from the date of receiving such petition; Provided, that the proposed rural high school district shall not, except with the consent of the County Commissioners, embrace a greater territory than that included within a six mile radius from the proposed center of the district. Laws 1915, page 268, Sec. 1. Same Liability For Bonds. Sec. 134b. Whenever there shall have been issued any bonds by any rural high school district uniting with other rural high school districts, or with common school districts, to form a single rural high school district, the whole new district shall be liable for the amount remaining unpaid upon said bonds. Laws 1915, page 268, Sec. 2. Formation Election. Sec. 135. At the election provided for in Section 134 of this Act, each district shall vote separately in its own school house, or other place within such district designat- ed in the notice of election, and the vote in each district shall determine if the district shall become united with other districts, to form the aforesaid rural high school dis- trict. Three notices of election shall be posted in each district ten (10) days prior to the day of election, one of which notices shall be upon the door of the school hous'e. The elections shall be conducted in all respects as pro- vided by law for the election of school trustees, and the ballots shall have printed thereon "For Rural High IDAHO SCHOOL LAWS. 79 School Yes," and "For Rural High School No"; Pro- vided: That all elections in the several districts shall be upon the same day and between the same hours. The re- turns of said elections shall be certified by the local school board in each district to the chairman of the board of county commissioners. Laws 1911, page 535. Trustees Appointment Tenure of Office. Sec. 136a. If, in the judgment of the county commis- sioners, a sufficient number of districts shall have signified by their majority vote a desire to form a rural high school district, the county commissioners shall form such rural high school district, designating it as "Rural High School District No , of County, Idaho", and shall so certify to the Board of Trustees of the district at the time of their appointment, and within thirty (30) days of the election provided for in Section 134 of this article, shall appoint a board of five (5) trus- tees from among the resident free holders or heads of fam- ilies of the said rural high school district, one until the next election under the provisions hereof, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. On the first Tuesday in Septem- ber of each year thereafter the qualified electors, voting at a central place in the rural high school district, shall elect one trustee for a term of five (5) years. Laws 1911, page 535. Trustees Oath of Office. Sec. 136b. The said board of trustees shall subscribe the official path for school board members within ten (10) days of their appointment or election and shall file the same with the County Superintendent. Laws 1911, page 536. Trustees Organization President Clerk. Sec. 136c. Within ten (10) days after their election and appointment, the said board shall meet and organize as the Board of Trustees of such rural high school district, by electing one of their number president and by electing a clerk or secretary who may or may not be one of their number. Laws 1911, page 536. Trustees of Districts Created Prior to 1911. Sec. 136d. Provided: That in rural high school dist- ricts organized prior to the passage of this Act, the chair- 80 IDAHO SCHOOL LAWS. man of the local boards forming such rural high school districts shall cease to act as a board of trustees for such district on and after the first Tuesday in September, 1911, and the commissioners shall appoint, after the manner and terms aforesaid in this article, a board to serve in their stead, and annuajly thereafter shall be held an election of one (1) trustee and procedure had as provided in this section. Laws 1911, page 536. Meetings of Trustees. Sec. 137. The other regular meetings of the board of trustees shall be held on the Tuesday following the last Saturday in March, June, September, and December of each year. The board may, however, hold special or ad- journed meetings as they may from time to time deter- mine. Laws 1911, page 536. Powers of Trustees Supervision of School. Sec. 137a. To supervise and visit the school; Laws 1911, page 536. Same To Fix Rates of Tuition. Sec. 137b. To admit all children of the district above the eighth grade, and to admit and provide rates of tuition for non-resident pupils, if they so elect; Laws 1911, page 536. Cross Reference: Tuition. See Sees. 196-199 inclusive. Same To Appoint Teachers. Sec. 137c. To appoint legally qualified teachers, and to fix, allow, and order paid their salaries; Laws 1911, page 536. Same To Make Rules and Regulations To Fix Length of School Term To Suspend and Expel Pupils. Sec. 137d. To fix wages, make general rules and reg- ulations for the control of the school, suspend or expel pupils, fix the term of school, which shall not be more than ten (10) months nor less than seven (7) months in any one (1) year; Laws 1911, page 536. Same To Hold and Manage Real Property. Sec. 137 e. To rent or to purchase and hold real estate for such district high school, build and furnish school IDAHO SCHOOL LAWS. 81 houses, determine location of grounds and buildings, which shall be near the center of the district as practicable, according to the sanitary conditions, and to receive and hold bequests and gifts for the benefit of the school, and to disposing of property belonging to the district, subject to the provisions hereinafter named; Laws 1911, page 536. Same To Provide Course of Study. Sec. 137f. To provide a course of study which shall be approved by the State Board of Education, which course shall not consist of more than four (4) years' work be- yond the eighth grade of the common schools; such course of study shall include instruction in manual training, domestic science, nature study, and the elements of agri- culture ; Laws 1911, page 537. Same To Fix Amount of Special Tax To Issue Deficiency War- rants. Sec. 137g. To estimate and vote the amount of tax necessary to support the school, at a meeting previous to September first in each year, and report the same to the Board of County Commissioners, which amount may in- clude the cost of transportation of students, and the crea- tion of a sinking fund for the payment of principal -and interest of bonds issued, if any, and shall be spread upon the tax roll the same as other district taxes, and, in their discretion, to issue warrants drawing legal interest for current expenses, the amount of which warrants shall not exceed fifty (50) per cent of the tax voted; Laws 1911, page 537. Cited: Coon vs. Sommercamp (Ida.) 146 Pac. 728. Same To Call Meetings to Vote On Building Program. Sec. 137h. To call special elections or meetings of the district, if necessary, to vote the amount of money to be raised for the purchase of grounds and erection 'and equip- ment of buildings, and for such other purposes as may be necessary within the authority of the provisions of this Act, or of the general school laws. Laws 1911, page 537. Officers of Board Duties. Sec. 138. The duties of the officers of the board shall be the same as is prescribed by law for similar officers of other boards of school trustees, and in addition thereto, the clerk or the secretary shall certify to the County 82 IDAHO SCHOOL LAWS. Superintendent, quarterly, the number of teachers that are regularly employed in said school. Laws 1911, page 537. Cited: Coon vs. Sommercamp (Ida.) 146 Pac. 728. Bonds Election. Sec. 139. Two-thirds (2-3) of the qualified electors of such rural high school district may vote bonds in any amount, not to exceed two (2) per cent of the assessed valuation of the property in said district, the proceeds to be spent in purchasing, building or equipping such high school and grounds. The election held for this purpose shall be conducted in all respects as provided by the laws of Idaho for similar purposes; Provided. That the bonds so voted and issued shall not run longer than twenty (20) years, nor draw a rate of interest higher than six (6) per cent per annum. Laws 1913, page 525. Formerly Laws 1911, page 537. Supervision By the State Board of Education. Sec. 140. The high schools established under the pro- visions of this Act shall be under the supervision of the State Board of Education, and all questions of manage- ment, support and control arising under the provisions of this Act, and not expressly provided for herein, shall be subject to the provisions of the general laws of the State. Laws 1911, page 538. Segregation of Component Districts. Sec. 141. Whenever two-thirds of those who are heads of families and residents of any regularly organized school district joined to a rural high school district, shall present a petition to the Board of County Commissioners showing that it is to the best interests of the said regularly organized school district to be segregated from the rural high school, to which said regularly organized district is joined, it shall be lawful for the said board, if they agree, and if by so doing there will be left at least two regularly organized school districts in said rural high school district to segregate said petitioning subdistrict from said rural high school district. Any regular organized school district so segregated shall forfeit its rights to any portion of the moneys on hand, and to any claims upon the property of said rural high school district; Provided, that the aforesaid petition shall be filed in the office of the County Superintend- ent fifteen (15) days prior to the quarterly meeting of the County Commissioners. IDAHO SCHOOL LAWS. 83 Laws 1915, page 268, Sec. 3. Formerly Laws 1911, page 538. This section was attempted to be repealed in 1913 (Session Laws, page 451) but as it was not mentioned in the title of the Act, the repeal was held ineffective. Gaiser vs. Steele, 25 Ida. 412; 137 Pac. 889. Where a rural high school district is composed of but two common school districts, neither common school district can withdraw, since the plain intent of the law is that rural high school districts shall be composed of two or more common school districts. Op. Attorney General. Grace M. Shepherd, 2-6-'13. ARTICLE XV. PREVENTION OF DISEASE. Section. Section. 142. Clerk of school board to 144. Disinfection of text books. be notified of contagious 145. Violation of Article a disease. misdemeanor. 143. Exclusion of pupils from infected households. Clerk of School Board to be Notified of Contagious Disease. Sec. 142. The owner, or agent of the owner of a house in which a person resides who has smallpox, diph- theria, scarlet fever or any other contagious or infectious disease, dangerous to the public health, and the physician called to attend the person or persons so affected shall, within twenty-four (24) hours after becoming cognizant of the fact, give notice thereof to the clerk of the board of trustees of the school district in which said person so af- flicted resides, iand said person so afflicted shall be kept away and apart from all other persons except those whose presence may be necessary to the physical or spiritual wellbeing of such person or persons. Laws 1911, page 538. Exclusion of Pupils From Infected Households. Sec. 143. The school trustees of the various school districts in the State shall not allow any pupil to attend the public schools while any member of the household to which such pupil belongs is sick of smallpox, diphtheria, scarlet fever or other contagious or infectious disease, dangerous to the public health, or during the period of two (2) weeks after the death, recovery, or removal of such sick person; and any pupil coming from such house- hold shall be required to present to the teacher of the school the pupil desires to attend, a certificate from the attending physician of the facts necessary to entitle him to admission in accordance with the above regulations. Laws 1911, page 538. 84 IDAHO SCHOOL LAWS. Disinfection of Text Books. Sec. 144. Whenever any text book or books belong- ing to any school district shall be in the house during the time that pupils residing in such house are prevented from attending the public school in accordance with the provisions of this Article, such book or books shall not be returned to such public school until the same shall have been thoroughly disinfected under the direction of the at- tending physician, who shall certify the same to the teacher of said school, or to the clerk of the board of trustees in case the school is not in session at such time. Laws 1911, page 539. Violation of Article a Misdemeanor. Sec. 145. Any school trustee or other person violat- ing any of the provisions of this article shall be deemed guilty of a misdemeanor. Laws 1911, page 539. ARTICLE XVI. COMPULSORY EDUCATION. Section. Section. 146. Compulsory Education I49b. Same: Absentees to be Law: Where found. reported. 147. County Superintendents to 150. Same: Duty of County publish law. Superintendents. 148. Census list. 151. Same: Duty of probation 149a. Census list and enroll- officers. ment to be checked. Compulsory Education Law- Where Found. Sec. 146. The compulsory education law shall be the provisions of Section 160, of Article XVII of this Act. To render the same more effective, the following is prescribed : Laws 1911, page 539. County Superintendents to Publish Law. Sec. 147. It shall be the duty of the County Super- intendent to publish this law for four (4) weeks in at least two (2) newspapers in the county before the open- ing of school in September. The County Superintendent shall 'also have the law printed on large sheets of board and shall cause the same to be placarded wherever neces- sary. Laws 1911, page 539. Census List. Sec. 148. It shall be the duty of the clerk of the board of school trustees of each district, on or before the third IDAHO SCHOOL LAWS. 85 Monday in September, to furnish or cause to be furnished to the head teacher of the schools in his district a list of all the children in the school district between the ages of eight (8) and eighteen (18) years, said list to be taken from the report of the school's census marshal for the current year. Laws 1911, page 539. Census List and Enrollment to be Checked. Sec. 149a. It shall be the duty of the head teacher of each district to check or cause to be checked the enroll- ment of the school against the report furnished by the clerk as aforesaid, and to report to the County Superin- tendent all pupils not in attendance who are within the ages of eight (8) and eighteen (18) and who have no re- lease from school. Laws 1911, page 540. Same Absentees to be Reported. Sec. 149b. At the beginning of each month thereafter it shall be the duty of such head teacher to report to the County Superintendent, the names of all children between eight (8) and eighteen (18) not bearing releases who failed to attend school during the preceding month. It shall be the duty of the County Superintendent to refuse to counter- sign the teachers' warrants until such reports are made as herein provided; Provided: That districts having a Super- intendent of Schools shall not report to the County Super- intendent but shall proceed through their District Super- intendent in the same manner as herein provided for County Superintendents. Laws 1911, page 540. Same Duty of County Superintendents. Sec. 150. Upon the receipt of such report the Coun- ty Superintendent shall promptly give to the probation officer the names of all pupils who do not bear releases from school issued by proper authority. Laws 1911, page 540. Same Duty of Probation Officers. Sec. 151. The probation officer shall serve due notice upon the parents and guardians to place such children in school. If said children are not placed within school within a reasonable time and are not entitled to bear a release, then the child and the parent or guardian shall be proceed- ed against as provided in the laws for the correction of delinquent children. It shall be the duty of the probation officer to prefer such complaints. Laws 1911, page 540. 86 IDAHO SCHOOL LAWS. ARTICLE XVII. PROCEEDINGS FOR THE CORRECTION OF DELINQUENT CHILDREN. Section. 160. Compulsory education act. 161. Juvenile disorderly person denned. 162. Same: Complaint: Hear- ing: Commitment. 163. Probation officers: Ap- pointment and duties. 164. School Trustees to report delinquents. 165. Review of orders of Pro- bate Court. Section. 152. Delinquent child denned. 153. Jurisdiction of Probate Court: Records: Reports. 154. Information or complaint. 155. Issuance of warrant: Im- prisonment to be avoid- ed 156. Arrested child to be taken before Probate Court. 157. Commitment of child. 158. Supervision of institutions receiving children. 159. Encouraging delinquency a misdemeanor. Delinquent Child Denned. Sec. 152. This Act shall apply only to children under the age of "eighteen (18) years not inmates of a state institution, or any institution incorporated under the laws of the State, for the care and correction of deliquent chil- dren. The record of the census made by the clerk of the school district where any child was last enumerated shall be prima facie evidence of the age of such child for the purposes of this Act. The words "delinquent child" shall include any child under the age of eighteen (18) years who violates any law of this State, or any city or village ordinance; or who is incorrigible or who knowingly asso- ciates with thieves, vicious or immoral persons: or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-fame ; or who knowingly patronizes or visits any policy shop or place where gambling devfce is, or shall be operated; or who patronizes or visits any pool room or bucket shop, or who wanders the streets in the night time without being on any lawful business or occu- pation ; or who habitually wanders about any railroad yard or tracks, or who jumps or hooks on to any moving train, or enters any car or engine without lawful author- ity; or who habitually uses vile, obscene, vulgar, profane or indecent language, or is guilty of immoral conduct in public places or about any school house. Any child com- mitting >any of the acts herein mentioned shall be deemed a juvenile delinquent person, and shall be proceeded against as such in the manner hereinafter provided. A dis- position of any child under this Chapter, or any evidence given in such cause shall not, in any civil, criminal or other cause or proceeding whatever in any court, be law- IDAHO SCHOOL LAWS. 87 ful or proper evidence against such child for any purpose whatever, excepting in subsequent cases against the same child under this Chapter. The word "child" or "children" may mean one or more children, or the word "parent" or "parents" may mean one or both parents when consistent with the intent of this Chapter. Laws 1911, page 540. Cited: State vs. Drury, 25 Ida. 787; 139 Pac. 1129. Jurisdiction of Probate Court Records Reports. Sec. 153. The Probate Courts of the several coun- ties in this State shall have jurisdiction in all cases com- ing within the terms and provisions of this Chapter. Re- cord books shall be kept by the Court for all cases coming within the provisions of this Chapter to be known as "The Juvenile Record," and the docket or calendar of the Court upon which there shall appear the case or cases under the provisions of this Chapter shall be known a,s "The Juven- ile Docket." Between the first and thirtieth days of October of each year the Court shall submit to the Governor a re- port in writing, upon blanks to be furnished by the State, showing the number and disposition of delinquent children brought before such Court, together with such other use- ful information regarding such cases, and the parentage of such children, as may be reasonably obtained at the trials thereof; Provided: That the name or identity of any such child or parent shall not be disclosed in such re- port, and that such report shall not be published at State expense. Laws 1911, page 541. Cited: State vs. Drury, 25 Ida. 787; 139 Pac. 1129. Information or Complaint. Sec. 154. All proceedings under this Chapter shall be by information or sworn complaint to be filed by the prosecuting attorney of the county as in other cases under the general laws of the State, or such information or sworn complaint may be filed by the probation officer, if there be one. In any such information or complaint filed under this Chapter, the :act or acts claimed to have been committed by the child proceeded against shall in a gen- eral way be stated therein as constituting such child a juvenile delinquent child or person. When the information or complaint so states a cause of delinquency under the provisions of this Chapter, that the Court may understand it, all irregularities or defects of form therein must be dis- regarded and all technical pleas or objections thereto must 88 IDAHO SCHOOL LAWS. be summarily disposed of by the Court, and the Court's ruling thereon shall be final. It shall be unlawful for any officer or person to charge or collect any fees, or for any county or state to pay any fees for any service performed by any officer or person under the provisions of this Chapter. Laws 1913, page 451. Formerly Laws 1911, page 542. Issuance of Warrant Imprisonment to be Avoided. Sec. 155. Upon the filing of an information under this chapter, a warrant or capias may issue as in other cases, but no incarceration of the child proceeded against thereunder shall be made or had, unless, in the opinion of the Judge of the Court, or, in the absence of the judge from the county seat, then in the opinion of the sheriff of the county, it shall be necessary to insure its attendance in court at such times as shall be required. In order to avoid such incarceration, if practicable, it shall be the duty of the sheriff of the county, or his deputy or representative, to serve a notice of the proceedings upon at least one (1) parent of the child, if living and known, or its legal guard- ian, or if his or her whereabouts or residence is not known, or if neither parent or guardian shall be in this State, then some relative living in the county, if any there be whose whereabouts are known, and such judge or sheriff may ac- cept the verbal or written promise of such person so noti- fied, or of any other proper person, to be responsible for the presence of such child at the hearing in such case, or at any other time to which the same may be adjourned or continued by the court. In case such child shall fail to ap- pear at such time or times as the court may require, the person or persons responsible for its appearance as herein provided for, unless in the opinion of the court there shall be reasonable cause for such failure of such child to ap- pear as herein provided for, may be proceeded against as in cases of contempt of court and published accordingly; and where any such child shall have failed to appear, as required by the court or its officers, any warrants, capias or alias capias, issued in such case may be executed as in other cases; Provided, however: that no child under four- teen (14) years of age shall, under any circumstances, be incarcerated in any common jail, cell or lock-up, but a suit- able room in the county building or court house must be provided wherein the sheriff may safely keep such child. Any child so informed against shall also have the right now given by law to any person to give bond or other security for its appearance at the trial of such case, and IDAHO SCHOOL LAWS. 89 the court may, in any such case, appoint counsel to appear and defend on behalf of any such child, who must serve without compensation from the county or state. Laws 1911, page 542. Arrested Child to be Taken Before Probate Court. Sec. 156. When any child under the age of eighteen (18) years is arrested, with or without warrant, except when the charge against such child is a felony, such child shall, instead of being taken before a justice of the peace or police magistrate, be taken directly before the probate court; or if the child is taken before a justice of the peace or police magistrate, upon complaint sworn out in such court or for any other reason, it shall be the duty of such justice of the peace or police magistrate to transfer the case to such probate court, and of the officers having the child in charge, to take the child before that court, and in any such case the court may proceed to hear and dispose of the cas-e in the same manner as if such child had been brought before the court upon information originally filed as herein provided. Laws 1911, page 543. Commitment of Child. Sec. 157. In any case of a delinquent child coming under the provisions of this chapter, the court may con- tinue the hearing from time to time, and may commit the child to the care of the sheriff, and may allow said child to remain in its own home, subject to the sheriff, such child to report to the court or sheriff as often as may be required, and subject to be returned to the court for fur- ther proceedings whenever such action may appear neces- sary, or the Court may cause the child to be placed in a suitable family home, subject to the friendly supervision of the sheriff, and the further order of the Court; or it may authorize the child to be boarded out in some suitable family home, in case provision is made by voluntary con- tribution or otherwise for the payment of the board of such child, until suitable provision be made for the child in a home without such payment, or the Court may com- mit such child to the Idaho Industrial Training School; or the Court may commit the child to any institution within the county, incorporated under the laws of this state, that may care for children or to any state institu- tion which may now or hereafter be established for the care of boys or girls. In no case shall a child proceeded against under the provisions of this chapter be commit- ted beyond the age of twenty-one (21). A child commit- 90 IDAHO SCHOOL LAWS. ed to any such institution shall be subject to the control of the board of managers and the said board shall have power to parole such child on such conditions as it may prescribe, and the Court shall, on the recommendation of the board, have power to discharge such child from cus- tody, whenever, in the judgment of the court, his or her (reformation is complete; or the court may commit the child to the care and custody of some association or so- ciety that will receive it, embracing within its objects the care of neglected or delinquent children, and which has been duly credited as herein provided; Provided, That when the Court shall commit a child to any person or as- sociation or institution of any kind other than some insti- tution existing under the authority and laws of this State, it must not be at the expense of the state, and in all such cases the Court may require a proper bond of the party or institution receiving the custody of such child, for its proper care, support and education. Laws 1911, page 543. Supervision of Institutions Receiving Children. Sec. 158. All institutions or associations, other than State institutions, receiving children under this chapter, shall be subject to the same visitation, inspection, and supervision as are public charitable institutions of this State, and it shall be the duty of the Governor to pass annually upon the fitness of any institution or association which may receive, or desire to receive any child or child- ren under the provisions of this chapter; and every such institution or association shall, at such times as said Gov- ernor shall direct, make a report to him, showing its con- dition, management, and competency to adequately care for such children as are, or may be, committed to it, and such other facts as said Governor may require, and upon said Governor's being satisfied that any such institution or association is competent, and has adequate facilities to care for such children, he shall issue to the same a certi- ficate to that effect, which certificate shall continue in force for one year unless sooner revoked by said Governor, the Court or the Judge thereof may, at any time, require from any such institution or association receiving or de- siring to receive children under the provisions of this chapter, such report, information, and statements as the Court or Judge shall deem proper and necessary for his action, and the court shall in no case commit a child or children to any association or institution whose standing, conduct, or care of children, or ability to care for the same, is not satisfactory to the court. Laws 1911, page 544. IDAHO SCHOOL LAWS. 91 Encouraging Delinquency a Misdemeanor. Sec. 159. In all cases where any child shall be a de- linquent child, a juvenile delinquent person, or a juvenile disorderly person, as denned by this Act, the parent or parents, legal guardian, or person having the custody of such child, or any other person responsible for, or by any act encouraging, causing, or contributing to the delinquency of such child, shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be fined in a sum not to ex- ceed Three Hundred Dollars ($300), or imprisonment in the county jail for a period of not exceeding six months, or shall suffer both fine and imprisonment. The Court may impose conditions upon any person found guilty under this Act, and so long as such person shall comply therewith to the sat- isfaction of the court, the sentence imposed may be sus- pended. , Laws 1911, page 545. This section is designed to guard against children becoming delin- quents, rather than to punish those who contribute to their delin- quency after that fact has been determined. State vs. Drury, 25 Ida. 787; 139 Pac. 1129. Compulsory Education Act. Sec. 160. In all districts of this State, all par- ents, guardians, and other persons having care of chil- dren shall instruct them, or cause them to be instructed, in reading, writing, spelling, English grammar, geography and arithmetic. In such districts, every parent, guardian or other person having charge of any child between the ages of eight (8) and eighteen (18) years, shall send such child to a public, private, or parochial school for the en- tire school year during which the public schools are in session in such district; Provided, however: That this chapter shall not apply to children over fourteen (14) years of age, where such child shall have completed the eighth (8) grade, or may be eligible to enter any high school in such district, or where its help is necessary for its own use or its parents' support, or where for good cause shown it would be for the best interest of such child to be relieved from the provisions of this chapter; Pro- vided, further, that if a reputable physician within the district shall certify in writing that the child's bodily or mental condition does not permit its attendance at school, such child shall be exempt during such period of disability from the requirements of this chapter. It shall be the duty of the superintendent of the school district, if there be such superintendent, and if not, then the county superin- tendent of schools, to hear and determine all applications 92 IDAHO SCHOOL LAWS. of children desiring, for any of the causes mentioned here, to be exempted from the provisions of this chapter, and if upon such application such superintendent hearing the same shall be of the opinion that such child for any reason is entitled to be exempted as aforesaid, then such super- intendent shall issue a written permit to such child, stat- ing therein his reason for such exemption. An appeal may be taken from the decision of such superintendent so pass- ing upon such application, to the probate court of the county in which such district lies, upon such child making such application and filing the same with the clerk or judge of said court, within ten days after its refusal by such superintendent, for which no fee to exceed the sum of One Dollar ($1.00) shall be charged, and the decision of the probate court shall be final. An application for re- lease from the provisions of this chapter shall not be re- newed oftener than once in three months. Laws 1911, page 545. Juvenile Disorderly Person Denned. Sec. 161. Every child within the provisions of this chapter who does not attend school, as provided in the preceding section, or who is in attendance at any nublic, private, or parochial school, and is vicious, incorrigible, or immoral in conduct, or who is an habitual truant from school, or who habitually wanders about the streets and public places during school hours without lawful occupa- tion or employment, or who habitually wanders about the streets in the night time, having no employment or lawful occupation, shall be deemed a juvenile disorderly person, and be subject to the provisions of this chapter. Laws 1911, page 546. Same Complaint Hearing Commitment, Sec. 162. When a child shall be a juvenile disorderly person within the meaning of this chapter, the truant officer, or any school teacher, or other reputable person may take complaint in the probate court of the county in which such child resides. The probate court shall hear and de- termine such complaint, and if it is determined that such child is a juvenile disorderly person within the meaning of this chapter, he or she shall be committed to a children's home, if eligible, or to the Idaho Industrial Training School, or to some other training school, taking into account the years of the child with reference to the institution selected. Any child committed to a children's home, on its being shown to the Judge of said Court that it is incorrigible and vicious, may be transferred to the Industrial School or other IDAHO SCHOOL LAWS. 93 proper institution. No child committed to any reformatory shall be detained beyond his majority, and may be dis- charged sooner, or paroled by the trustees or board of control under rules and restrictions applicable to other inmates. Any order of commitment may be suspended by the judge of the probate court during such time as the child may regularly attend school and properly conduct itself. The expense of the transportation of the child to the juvenile reformatory shall be paid by the county from which the child is committed. Laws 1911, page 546. Probation Officers Appointment and Duties. Sec. 163. The Probate Courts of the several coun- ties in this State shall have authority to appoint or desig- nate one or more discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers having authority to act only upon the request and under the direction of the Probate Court, and to receive such compensation for services act- ually performed as the Probate Court shall deem just and proper. The number of paid probation officers appointed and designated by the court shall be as follows : In coun- ties in which the last school census shows a school popula- tion of over five thousand (5,000) not to exceed two (2) probation officers; in all other counties not to exceed one (1) probation offifcer. In case a probation officer shall be appointed, it shall be the duty of the Judge of the Court, if practicable, to notify said probation officer when any child is to be brought before the court; it shall be the duty of said probation officer to make investigation of such case ; to be present in court to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as the court or judge may re- quire; and to take charge of any child before and after the trial as may be directed by the court or judge. Pro- bation officers provided for by this chapter are hereby vested with all power and authority of sheriffs, constables and police officers to make arrests and perform other duties incident to their offices as probation officers. Laws 1911, page 547. Cited: State vs. Drury, 25 Ida. 787; 139 Pac. 1129. School Trustees to Report Delinquents. Sec. 164. It shall be th duty of the board of trus- tees of each school district to report to the county school superintendent all cases of truancy, delinquency, and in- corrigibility which arise within their respective districts, 94 IDAHO SCHOOL LAWS. and such county school superintendent shall immediately report such cases to the judge of the probate court. Laws 1911, page 547. Review of Orders of Probate Court. Sec. 165. All orders or final judgments made by any Probate Court or the Judge thereof under this chapter, may be reviewed upon questions of law only. Laws 1911, page 547. The provisions of this section relate only to orders or final judg- ments made by a probate court sitting as a juvenile court, and are not applicable to cases where adults are prosecuted for the misde- meanor defined in Sec. 159 of the act. State vs. Drury, 25 Ida. 787; 139 Pac. 1129. ARTICLE XVIII. CHILD LABOR ACT. Section. Section. 166. Restrictions on employ- 170. Penalty for violation of ment of children under this Article. fourteen. 171. Prohibition against theat- 167. Same: Children under six- rical employment of teen: Educational re- children. quirements. 172. Employment of minors in 168. Employers to keep record saloons: Penalty. of minor employees. 173. Complaint: Made by 169. Working hours for chil- whom. dren under sixteen. Restrictions on Employment of Children Under Fourteen. Sec. 166. No child under fourteen (14) years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mer- cantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the dis- tribution or transmission of merchandise or messages. It shall be unlawful for any person, firm or corporation to employ any child under fourteen (14) years of age in any business or service whatever during the hours in which the public schools of the district in which the child resides are in session, or before the hour of six (6) o'clock in the morning, or after the hour of nine (9) o'clock in the evening; Provided, That any such child over the age of twelve (12) years may be employed at any of the oc- cupations mentioned in this Act during the regular vaca- tions of two weeks or more of the public schools of the district in which such child resides. Laws 1911, page 548. Same Children Tinder Sixteen Educational Requirements. Sec. 167. No minor who is under sixteen (16) years IDAHO SCHOOL LAWS. 95 of age shall be employed or permitted to work at any gain- ful occupation during the hours that the public schools of the school district in which he resides are in session, unless he can read at sight and write legibly simple sen- tences in the English language, and has received instruc- tions in spelling, English grammar, and geography and is familiar with the fundamental operations of arithmetic up to and including fractions, or has similar attainments in another language. Laws 1911, page 548. Employers to Keep Record of Minor Employees. Sec. 168. Every person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under sixteen (16) years of age and over fourteen (14) years of age to work in any mine, factory, work- shop, mercantile establishment, store, telegraph or tele- phone office, laundry, restaurant, hotel, apartment house, or on the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and place of residence of such minors. Laws 1911, page 548. Working Hours for Children Under Sixteen. Sec. 169. No person under the age of sixteen (16) years shall be employed or suffered or permitted to work at any gainful occupation more than fifty-four (54) hours in any one (1) week, nor more than nine (9) hours in any one (1) day; nor before the hour of six (6) o'clock in the morning, nor after the hour of nine (9) o'clock in the evening. Laws 1911, page 548. Penalty for Violation of this Article. Sec. 170. Whoever employs a child under sixteen years of age, and whoever having under his control a child under such age permits such child to be employd in vio- lation of Sections 1 and 2 of this Act shall, for such of- fense, be fined not more than Fifty Dollars ($50), and whoever continues to employ any child in the violation of either of said sections of this Act after being notified by a truant officer, probation officer, or school authority shall, for every day thereafter that such employment con- tinues, be fined not less than Five Dollars ($5.00) nor more than Twenty Dollars ($20). A failure to produce to a truant officer, policeman, probation officer, or school authority, ^ the age record required by this Act shall be prima facie evidence of the illegal employment of any 96 IDAHO SCHOOL LAWS. person whose age record is not produced. Any parent, guardian or custodian of a minor under sixteen (16) years of age who knowingly swears falsely as to the age of such child for the purpose of obtaining an age record is guilty of perjury. Laws 1911, page 549. Cited: State vs. Drury, 25 Ida. 787; 139 Pac. 1129. Prohibition Against Theatrical Employment of Children. Sec. 171. Any person, whether as parent, relative, guardian, employer or otherwise, having the care, custody or control of any child under the age of sixteen years, who exhibits, uses or employs in any manner or under any pretense, sells, apprentices, gives away, lets out, or dis- poses of such child to any person, under any name, title, or pretense, for or in any business, exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, serv- ice or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for or in any medicant, or wandering business whatsoever, or who causes, procures, or encourages such child to engage there- in, is guilty of a misdemeanor, and punishable by a fine of not less than Fifty Dollars ($50) nor more than Two Hundred and Fifty Dollars ($250), or by imprisonment in the county jail for a term not exceeding six (6) months or by both such fine and imprisonment. Every person who takes, receives, hires, employs, uses, exhibits, or has in custody any child under the age and for any of the pur- poses mentioned in this section is guilty of a like offense and punishable by like imprisonment. Nothing in this sec- tion contained applies to or affects the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science of practice of music. Laws 1911, page 549. Employment of Minors in Saloons Penalty. Sec. 172. Any person whether as parent, guardian, employer or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed any minor, to any saloon, gambling house, house of prostitution or other immoral place; or who shall employ any minor to serve intoxicating liquors to customers, or who shall employ a minor in handling in- IDAHO SCHOOL LAWS. 97 toxicating liquor or packages containing such liquors in a brewery, bottling establishment or other place where such liquors are prepared for sale or offered for sale, shall, for each offense, be punished by a fine of not less than Fifty Dollars ($50) or imprisonment for not less than two (2) months or by both such fine and imprison- ment. Laws 1911, page 550. Complaint Made By Whom. Sec. 173. The probation officer, or in counties where there is no probation officer, one or more of the school trustees shall visit the various places of employment men- tioned in section 166 and 172 of this Act and ascertain whether any minors are employed therein contrary to the provisions of this Act, and they shall bring complaint for offenses under this Act to the attention of the prosecut- ing attorney for pros'ecution, but nothing herein shall be held to prohibit any reputable citizen from bringing com- plaint for violations of this Act. All offenses under this act shall be prosecuted in the probate court. Laws 1911, page 550. Cited: State vs. Drury, 25 Ida. 787; 139 Pac. 1129. ARTICLE XIX. STATE LIBRARY COMMISSION. Section. Section. 174. State Library Commission: 176. Accounts of State Library Membership. Commission. 175. Traveling library: Man- agement. State Library Commission Membership. Sec. 174. The Attorney General, Secretary of State, State Superintendent of Public Instruction, and the Pres- ident of the State University, ex-officio, are hereby con- stituted a State Library Commission, of which the Attor- ney General shall be chairman, '.and the State Superin- tendent of Public Instruction secretary. Laws 1911, page 550. Traveling Library Management. Sec. 175. Said Commission shall have the manage- ment of the traveling library or libraries belonging to the State, and shall make such rules governing the use of the same, and of the books and property pertaining thereto, as it may deem necessary. Said commission shall cause said books to be distributed throughout the State, and at 98 IDAHO SCHOOL LAWS. suitable intervals change such distribution in such man- ner ias to s'ecure the use and enjoyment of said books to the people of the State. The Commission shall have power to employ a qualified librarian whose duties shall be defined by the said commission. It shall co-operate with the management of public schools and other free libraries within the State, and adopt such means as shall promote their establishment. Said commission may re- ceive donations of money, books or other property, real or personal, for the benefit of such traveling library or libraries, the title to which property shall rest in the State of Idaho, to be held and controlled by said commission. Said commission shall report annually to the Governor, with such recommendations as it may deem proper. Laws 1911, page 550. Accounts of State Library Commission, Sec. 176. The secretary of said commission shall keep a full report of the proceedings of said commission, and accurate accounts of expenses incurred by it in car- rying out the provisions of this chapter. The chairman of said commission may issue certificates, countersigned by the secretary, for all claims against said commission, in- curred in the management of said traveling library or libraries, and in carrying out the objects of this chapter, which claims, when approved by the Board of Examiners, shall be paid by warrants drawn upon the fund in the State Treasury provided for such purpose. Laws 1911, page 551. ARTICLE XX. PUBLIC LIBRARIES. Section. Section. 177. Cities may establish libra- 180. Same: Organization: Pow- ries. ers. 178. School district libraries: 181. Libraries to be free. Petition: Election: Tax 182. Report of directors, levy. 183. Donations to library. 179. Directors of library. 184. Taxes for existing libra- ries: Definitions. Cities May Establish Libraries. Sec. 177. The common council of every city and of every village of the State of Idaho shall have power to establish a public library and reading room, and for such purpose may annually levy, and cause to be collected, as other taxes are, acting under the provisions of this section, shall perform the same duties required of, and have the same power and authority granted to, the common council of a city or a village by the provisions of this chapter under like conditions, and the treasurer of such board of trustees shall perform the duties of treas- urer for the public library. Laws 1911, page 551. Directors of Library. Sec. 179. For the government of such library and reading room there shall be a board of five (5) directors appointed by the council of such city or village from among the citizens thereof at large, and not more than one (1) member of the council of such city or village shall, at any time, be a member of said board. Such directors shall hold their office for three (3) years from the date of appointment, and until their successors are appointed, but upon their first appointment they shall divide themselves 100 IDAHO SCHOOL LAWS. at their first meeting, by lot, into three (3) classes: Two (2) members shall form the first class and shall serve for one (1) year from the date of appointment; two (2) members shall form the second class and shall serve for two (2) years from the date of appointment; and one (1) member shall form the third class and shall serve for three (3) years from the date of appointment. All vacancies shall be immediately reported to the proper council by its directors, and shall be filled by appoint- ment in the same manner as appointments are originally made. Appointments to complete an unexpired term shall be for the residue of the term only. No compensation shall be paid or allowed to any director in any manner whatsoever. Laws 1911, page 552. Same Organization Powers. Sec. 180. Said directors shall, immediately after their appointment, meet and organize by the election of one (1) of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library and reading room as may be expedient. They shall have the exclusive control of the expenditure of all moneys collect- ed for the library fund, and the supervision, care, and cus- tody of the room or buildings constructed, leased or set apart for that purpose; and such money shall be drawn from the treasury by the proper officers, upon properly au- thenticated vouchers of the board of directors, without otherwise being audited. They may, with the approval of the common council, lease and occupy, or purchase or erect on purchased ground, an appropriate building; Provided: That not more than one-half (1-2) of the income in any one (1) year can be set apart in said year for such pur- chase or building. They may appoint a librarian and as- sistants, and prescribe rules for their conduct. Laws 1911, page 553. Libraries to be Free. Sec. 181. Every library and reading room established under this chapter shall be forever free for the use of the inhabitants of the city, village, or school district where located, always subject to such reasonable rules and regu- lations as the library board may find necessary to adopt and publish in order to render the use of the library and reading room of the greatest benefit to the greatest num- ber, and they may exclude and cut off from the use of IDAHO SCHOOL LAWS. 101 said library and reading room any and all persons who shall wilfully violate such rules. Laws 1911, page 553. Report of Directors. Sec. 182. The said board of directors shall make an annual itemized report to the State Library Commission on June Thirtieth of each year, stating the condition of their trust, the various sums of money received from the library fund and from all sources, -and how much has been expended, the number of books and periodicals on hand, and the number added by purchase, gift, or otherwise dur- ing the year, the number lost or missing, the number of books loaned out, and the general character of such books, with such other statistics, information and suggestions as they may deem of general interest, and the State Library Commission may require. Laws 1911, page 553. Donations to Library. Sec. 183. All persons desirous of making donations of money, personal property or real estate for the benefit of such library shall have the right to vest the title to the same in the board of directors created under this chap- ter, to be held and controlled by said Board, when ac- cepted according to the terms of the deed or gift, devise or bequest of such property; and as to such property the said Board shall be held and considered to be the special trustees. Laws 1911, page 554. Taxes for Existing Libraries Definitions. Sec. 184. In case a free subscription library has been established in any city or incorporated village, and duly incorporated and organized, the council may levy a tax for its support, as provided in this Chapter, without change in the organization of such library association; Provided: It becomes a free library. The sums so raised shall be duly paid to the officer duly 'authorized to receive the same, and shall be under the control of said library association ; Provided : That if at any time the said library association ceases to exist, or for any reason fails to pro- vide a free circulating library as required by the pro- visions of this Chapter, the books and other property ac- cumulated from the proceeds of the levy herein author- ized shall become the property of the city or village, and be subject to the control of the council as herein provided. 102 IDAHO SCHOOL LAWS. In this Chapter, unless the context otherwise requires, "library" includes libraries with branches, loans, refer- ence, traveling and reading room department, lectures and museums; "city" includes towns and villages; "coun- cil" means the legislative body of an incorporated city, town or village; "mayor" means the chief executive offi- cer of an incorporated city, town or village. Laws 1911, page 554. ARTICLE XXI. MISCELLANEOUS PROVISIONS. s.Ttion. Section. 185a. School year: Beginning. 189. Establishment of kimlor- iSfib. Srlx.ol month. gartens. 185c. Use of school house as 190a. Physiology and hygiene. community center. 190b. Same: Trustees to furnish 186. Sectarian and partisan in- trxt books. struction forbidden. 191. Same: Instructions to 187. Eighth grade examina- teachers. lions. 192. Same: In state reforma- 188. Arbor Day. tories. 193. Same: Refusal or failure to teach: Penalty. School Year Beginning. Sec. 185a. The school year shall begin on the second Monday in September of each year. Provided; That this does not require school terms to begin on this date, but such terms may begin at such time as is fixed by the boards of trustees of school districts. Laws 1913, page 451. School Month. Sec. 185b. A school month is four (4) weeks, of five (5) school days. Laws 1913, page 451. Formerly Laws 1911, page 554, Sec. 185. Use of School House as Community Center. Sec. 185c. The trustees of any school district shall have the power to authorize the use of any school house or school houses in said district as a community center. Laws 1913, page 451. Sectarian and Partisan Instruction Forbidden. Sec. 186. No books, papers, tracts or- documents of a political, sectarian, or denominational character shall be used or introduced in any school established under the provisions of this Chapter, and any and every political, sectarian, or denominational doctrine is hereby expressly IDAHO SCHOOL LAWS 103 forbidden to be taught therein; nor shall any teacher or any district receive any of the public school moneys in which the schools have not boon taught in accordance with the provisions of this Chapter. n 1911. page 554. Eighth Grade Examinations. Sec. 187. It shall be the duty of tlw State Superintend- ent of Public Instruction to prepare, or cause to be pre- pared. eighth grade examination questions to be used by the County Superintendents of the several count ios of the State in the examination of applicants for eighth grade diplomas, and to prescribe the rules and the regulations for conduct- ing all such examinations. All pupils shall be required to take such eighth grade examinations, which may be taken entire at the close of the eighth grade work, or the examina- tion in each required subject may be taken in the grade in which the subject is completed, and only those pupils shall be entitled to pass, who shall obtain a general average of not less than eighty-five (85) per cent., and not falling below seventy (70) per cent, in any branch. Said exam- inations to be held in the county at such central points as may be designated by the County Superintendent, and there shall not be held to exceed three such examinations at the same point in any one (1) year, and the dates upon which such examinations shall be held shall be in January, April. and May, the exact dates in such months to be determined by the Stato Board of Education, and notice thereof given to the County Superintendents. All pupils passing such examination shall be granted a diploma by the County Superintendent of Public Instruction. No pupil under the age of fifteen vear? shall be permitted to enter the first year of any high school in the State of Idaho who has not passed the eighth grade examination satisfactorily and obtained his or her diploma; Provided: That Class A, Independent School Districts shall be exempted from the provisions of this section. s 1915. page 144. Formerly 1911. page 555: Laws 191". pajre 452. Arbor Day. Sec. 188. It shall be the duty of the county super- intendent to set apart one (1) day in the proper time in each year between the first day of April and the first day of May, to be known as Arbor Day. He shall, by written or printed notice, notify the clerk of each school district in his county of the day so set apart at least twenty (20) days prior to said day. It shall be the duty of the authori- 104 IDAHO SCHOOL LAWS. ties of every public school in this State to assemble the pupils in their charge on that day in the school building, or elsewhere, as they may deem proper, and to provide for and conduct, under the general supervision of the county superintendent of public instruction, such exercise as shall tend to encourage the planting, protection and pres- ervation of trees, and shrubs, and an acquaintance with the best methods to be adopted to accomplish such results. The State Superintendent of Public Instruction shall have power to prescribe, from time to time, in writing, a course of exercises and instruction in the subjects hereinbefore mentioned, which shall be adopted and observed by the school authorities on Arbor Day, and upon receipt of copies of such course, sufficient in number to supply all the schools under his supervision, the county superintend- ent of public instruction shall promptly provide each of the schools under his charge with a copy and cause it to be adopted and observed. Laws 1911, page 555. Establishment of Kindergartens. Sec. 189. The school board of any school district in the State is hereby empowered to establish and maintain free kindergartens in connection with the public schools of each district for the instruction of children between the ages of three (3) and six (6), residing in said district, and shall establish such courses of training, study and discipline, and such rules and regulations governing such preparatory or kindergarten school, as said board may deem best; Provided: That nothing in this section shall be construed to change the law relating to the taking of the census of the school population or the apportionment of State and county school funds among the several counties and districts in this State; Provided, further; That the cost of establishing and maintaining such kindergartens shall be paid from the special school fund of said districts, and the said kindergartens shall be a part of the public school system, and governed, as far as practicable, in the same manner and by the same officers as is now, or here- after may be, provided by law for the government of other public schools of the State; Provided, further: That all teachers employed in these schools shall have a diploma, from some reputable kindergarten training school, or shall be licensed in accordance with the rules and regulations established by the State Superintendent of Public Instruc- tion. Laws 1911, page 556. IDAHO SCHOOL LAWS. 105 Physiology and Hygiene. Sec. 190a. That physiology and hygiene, which shall, in each division of the subject so pursued, include special reference to the nature of alcoholic drinks, stimulants, and narcotics and their effects upon the human system, and which shall be included in the branches of study required by law to be taught in the common schools of this State, shall be introduced and studied in a regular branch during each school term, or during such portion of each school term as may be necessary to enable all pupils to pass prescribed examinations in the text books on said study, furnished the respective grades and corresponding classes in ungraded schools, in all departments of the common schools of the State, in State reformatories and in all educational in- stitutions supported wholly or in part by appropriations by the State. Laws 1911, page 556. Same Trustees to Furnish Text Books. Sec. 190b. It shall be the duty of the boards of trus- tees of the several school districts in this State to provide the best authoritative text books that can be obtained on said study, and also to provide needed facilities, and to ar- range definite time and place for this branch in the regular course of study. The text books in the pupils' hands shall be graded in accordance with their respective school grades, 'and correspondingly in ungraded schools, and in the lower grades where text books on said subject are not in the hands of pupils, oral instruction in this subject shall be given by teachers using illustrations, charts, and stan- dard text books adapted to such oral instruction, and the same test shall be required in this branch for promotion as in other studies. Laws 1911, page 557. Same Instructions to Teachers. Sec. 191. In all teachers' training classes in the nor- mal schools of this State, and in teachers' institutes, ade- quate time and attention shall be given to instruction in the best methods of teaching this branch, and a competent lecturer on this subject shall be secured for teachers' in- stitutes and 'associations. Laws 1911, page 557. Same In State Reformatories. Sec. 192. The superintendents of State's reformatories shall make suitable provision for the teaching of this branch in said reformatories. Laws 1911, page 557. 106 IDAHO SCHOOL LAWS. Same Eefusal or Failure to Teach Penalty. Sec. 193. On satisfactory evidence that any teacher has wilfully refused or neglected to teach this subject, as herein provided, the State or county superintendent shall revoke the certificate of such teacher. Such revocation not to be made, however, without thirty (30) days' notice to such teacher and the consideration of such evidence as may be produced in his support. Laws 1911, paero 557. ARTICLE XXII. REPEALING CONFLICTS. Section. Section. 194. Repealing clause. 195. Act is complete school code. Repealing Clause. Sec. 194. All Acts or parts of Acts in conflict with this Act are hereby repealed. Laws 1911, page 557. Act is Complete School Code. Sec. 195. This Act is intended to constitute a com- plete code and system for the government and regulation of the common schools of Idaho, and is intended to be com- plete in itself, without reference to or aid from other laws; and all Acts or parts of Acts which modify or tend to modi- fy this Act or any part thereof shall be disregarded by the Courts in the construction of this Act. Laws 1911, page 557. ARTICLE XXIII. FREE TUITION. Section. Section. 196. Tuition: Payment by dis- 198. Same: Duty of County trict. Superintendent. 197. Same: Rate of tuition. 199. Same: Duties of high schools. Tuition Payment by District. Sec. 196. All school districts within the State of Idaho which do not maintain a four year high school shall pay tuition for pupils of such district who have completed the course offered therein, and who desire to attend high school in another district. If the two districts are in the same county, the amount of tuition as hereinafter set forth shall IDAHO SCHOOL LAWS. 107 be transferred by the County Superintendent from the dis- trict wherein the pupil resides to the district wherein he attends high school from the county school fund. If the two districts are in different counties, the County Superintend- ent of one county shall remit to the County Superintendent of the other county, and the amount remitted shall be charged to the account of the district in the county wherein the pupil lives and credited to the high school district within the other county where the pupil attends high school. Pay- ment of such high school tuition shall be judged a part of the necessary minimum exp'ense of any district in applying special aid under Section 67, Chapter 159, Laws 1911, as amended by Section 2 of Chapter 13, Laws 1912. Laws 1915, page 141, Sec. 1. Cross References: Common school districts, see Sec. 58d; Inde- pendent school districts, see Sec. 129b; Rural High school districts, see Sec. 137b. Same Rate of Tuition. Sec. 197. The maximum rate of tuition shall be three dollars ($3.00) per pupil per school month with the excep- tion that high schools maintaining departments of agricul- ture, home economics, manual training or other vocational work may receive four dollars ($4.00) per school month when at least two (2) such departments are approved by the County Superintendent of Public Instruction and the State Board of Education. Tuition shall be charged monthly and a fraction of a month shall be deemed a month. No district which receives aid under Section 67 of Chapter 159, Laws 1911, as amended by Section 2 of Chapter 13 of the Laws 1912, shall charge more than Three Dollars ($3.00) per month tuition. Laws 1915, page 142, Sec. 2. Same Duty of County Superintendent. Sec. 198. Bills of tuition of non-resident pupils shall be rendered by the superintendent of the high school district in which the pupils are attending school, and when ap- proved by the County Superintendent of Public Instruction, such County Superintendent is empowered to make the proper transfer of funds. The State Board of Education shall prepare and have printed and distributed a sufficient number of blank forms for that purpose. Laws 1915, page 142, Sec. 3. Same Duties of High Schools. Sec. 199. Every high school within the State of Idaho, subject to the general school laws of the State shall receive 108 IDAHO SCHOOL LAWS. non-resident pupils upon the basis above set forth, except when it would work a hardship upon the high school dis- trict; Provided, that the County Superintendent of Public Instruction shall be the judge of such cases subject to re- view by the State Board of Education; and Provided fur- ther, that high schools shall not be required to admit pupils who have not passed the eighth grade State examination, or in some other manner established their fitness to enter said high school. Laws 1915, page 142, Sec. 4. INDEX A. Academy of Idaho Section Page Budget 8d 9 Supervision and control by State Board of Edu- cation 1 5 Albion State Normal School . Budget 8d 9 Supervision and control by State Board of Edu- cation 1 5 Apportionment By County Superintendents to Districts 67 42 By State Superintendent to Counties 66 41 In consolidated School Districts 47c 22 In Joint Districts 51 27 In new Districts 51 26 Arbor Day County Superintendents to designate 188 103 Attorney General Member State Library Commission 174 97 Attorneys Employment by School Districts 58m 37 B. Board of Education (See State Board of Education) Board of Kegents of the University of Idaho (See State Board of Education) Bonds (See Official Bonds) Division of school districts effect 47a 2 In New districts may issue when 47b 22n Common School Districts. Board of Trustees may issue when 76 47 Election 76 47 Election how held 77 48 Failure to put over bond money felony 84 51 Funding bonds 76 47 Interest on bonds sold to State 82 50 Interest secured 82 49 Issuance 76 47 Investment of sinking fund 80 49 Liability of districts for 79 48 Redemption 81 49 Redemption of bonds sold to State 82a 50 Refunding bonds 76 47 Registration 77 48 Sale 78 48 Tax levy for 80 48 To be printed 83 50 Independent School Districts. Election 131 76 For buildings 131 76 Funding bonds 130 75 110 INDEX Section Page Issuance 131 76 Refunding bonds 130 75 Registration 131 76 Sale 131 76 Tax levy for 132 76 Rural High School Districts. Consolidated liability for bonds 134b 78 Election 139 82 Budget State Board of Education 7e 8 State Institutions 8d 9 C. Census Clerks of School Boards to furnish 148 84 Common School Districts 58k 36 To be checked with enrollment 149a 85 Certificates (See Certification of Teachers) (See Teachers) Teachers in Joint Districts 50 25 Teachers must have 87 52 Certification of Teachers Certificates not granted to aliens 88 53 Examinations when and where held 89 53 State Board of Education to supervise 8k 11 State and State Life Certificates. Classes of certificates 70a 53 Fees for certificates 96 58 Grades of applicants to be preserved 98b 59 High School certificates 95c 56 High School certificates five years 95e 57 High School certificates life 95f 57 High School certificates one year 95d 57 Life certificate by examination 95 56 Life certificate by endorsement 93 55 Record of certificates . 98a 58 Revocation of certificates . . 97 58 Specialists' State certificates 91b 54 State Board of Education supervisory powers... 90c 54 State Board of Education to classify high schools 90a 56 95b 56 State certificate by examination 94 56 State certificate by endorsement 9 la 54 University of Idaho graduates entitled to 92 55 Where valid 90b 53 98b 59 County Certificates. First Grade certificates 10 3a 62 First Grade certificates renewal 103b 62 ; General requirements .,-, . . -. ............ lOjQ 59 Grades of certificates 99 59 Permits to teach 105 63 INDEX 111 Section Page Professional school for teachers defined lOlb 61 Record of certificates 107 63 Revocation of certificates 106 63 Second Grade certificates 102a 61 Second Grade certificates renewal 102b 62 Third Grade certificates lOla 60 Third Grade certificates renewal lOlc 61 Where valid 90b 53 Child Labor Act- Complaint under made by whom 173 97 Educational requirements 167 94 Employers to keep record of minor employees... 168 95 Employment of minors in saloons 172 96 Restrictions on employment 166 94 Theatrical employment of children 171 96 Violation of Act penalty 170 95 Working hours for children under sixteen 169 95 Children (See Child Labor Act) (See Delinquent Children) (See Expulsion of Pupils) (See Juvenile Disorderly Person) (See School Children) (See Suspension of Pupils) Clerk- Common School District compensation 58c 33 Common School District election 53 28 Common School District notice of annual meeting 54f 32 Common School District to keep records 58 j 36 Common School District to take census 58k 36 Independent School Districts 127 70 Rural High School Districts 136c 79 To be notifie dof contagious disease 142 83 To furnish census list 148 84 Commissioner of Education Annual report 9 12 Appointment 7a 8 Certification of teachers 8k 11 Enforcement of health laws 8m 11 Powers in general 8 9 Qualifications 7a 8 Recommendations 9 12 Recommendations to legislature 8c 9 Removal 7a 8 Reports and statistical tables 8p 12 Reports of schools to 80 11 Supervision of buildings and construction 8f 10 Supervision of courses of study in state institu- tions 8g 10 Supervision of health in schools 8n 11 Supervision of school expenditures 8e 10 Supervision of schools 8b 9 Supervision of State Library Commission 81 11 112 INDEX Section Page Supervision of summer normal schools 8j 10 Supervision of text books 8i 10 To prepare budget for state institutions 8d 9 To prescribe minimum course of study for schools 8h 10 Commitment Child delinquent 157 89 Juvenile disorderly person 162 92 Common School Districts Accounts with County Superintendent 69 43 Accounts with County Treasurer 68 43 Annual financial report 61 38 Annual meeting business 54e 31 Annual meeting notice 54f 32 Annual school meeting 54a 29 Anti-Nepotism Act does not apply 46 2 On Apportionment of funds to 67 42 Apportionment to new districts 51 27 Body corporate name 46 20 Census 58k 36 Certification of levies to County Commissioners. 65b 40 Collection of taxes 56 32 Consolidation with Independent Districts 49a 24 Corporate powers 58g 34 Creation petition 47a 21 Deficiency warrants in emergencies 7 la 45 Deficiency warrants when allowed 71 44 Division and change of boundaries 47cc 22 Division by creation of new counties 5 Ob 26 Election of Trustees 54b 29 Free tuition in High School 196 106 Income how computed 71 45n Investment of surplus money 75 46 Janitor 58h 35 Lapsed districts 52 27 Length of school term 54d 30 Levy for special tax 54c 29 Liability for bonds 79 48 Library 58i 35 178 99 May establish kindergartens 189 104 New districts organization complete when 47b 21 New districts power to vote bonds when 47b 22n Non-resident pupils 60 38 Not a municipal corporation 46 2 On Petition to create signers 47b 21 Pupils from other districts 47d 23 Qualifications of electors at annual meeting 54b 29 Qualifications of electors to vote special tax 54c 30 Quarantine 54d 31 Removal of school site 58g 35 Tax levy for bonds 80 48 Tax levy for libraries 178 99 Tuition 58d 33 Warrants countersigned by County Superintendent 69 43 INDEX 113 Section Page Warrants how drawn 70 44 Common School District Trustees Annual financial report 61 38 Attendance at meetings 58n 37 Chairman 53 28 Clerk 53 28 Construction contracts 58g 34 Contracts prohibited 58g 34 Corporate powers 58g 34 County Superintendent to appoint in new districts 44 19 Duties in general 58 33 Election 54b 29 Failure to pay over bond money a felony 84 50 Investment of surplus money 75 47 May establish kindergartens 189 104 May establish libraries 178 99 May issue bonds 76 47 May isue funding bonds 76 47 May use school house as community center 185c 102 Meetings regular, special, adjourned 57 33 Members to attend meeting called by County Superintendent 62 39 Oath of office 53 28 Orders for warrants 72 46 Power to make special levy 54e 31 Qualifications 53 28 Record of minutes 58 j 36 Relatives of elected as teachers 581 37 To discharge teachers 58e 34 To dismiss insubordinate pupils 58 jj 36 To employ attorney 58m 37 To employ teachers 58a 33 To fix compensation of clerk 58c 33 To fix compensation of teachers 58b 33 To fix rate of tuition 58d 33 To furnish blank reports 85 51 To furnish register to teachers 85 51 To furnish text book on physiology and hygiene.. 190b 105 To make tax levy for bonds 80 48 To provide flag 59 37 To provide furniture, janitor service, etc 58h 35 To provide school library 58i 35 To qualify when 55 32 To report delinquents 164 93 To report on library to County Superintendent... 58i 35 To review teachers' suspension of pupils 86a 51 To take census 58k 36 Community Center School house may be used as.... 185c 102 Complaint Hearing on against juvenile disorderly person.... 162 92 Issuance of warrant on 155 88 Under Child Labor Act 173 97 Who may file against child delinquent 154 87 Who may file against juvenile disorderly person.. 162 92 114 INDEX Compulsory Education Section Page Absent pupils to be reported 149b 85 Act 160 91 Census list and enrollment to be checked 149a 85 Clerk of School Boards to furnish census list 148 84 County Superintendent's duty 150 85 County Superintendent to publish law 147 84 Duty of probation officer 151 85 School Trustees to report delinquents 164 93 Consolidated Rural High School Districts Formation 134a 78 Liability for bonds 134b 78 Consolidated School Districts Accounts with County Superintendent 69 43 Accounts with County Treasurer 68 43 Apportionment 47c 22 Apportionment of funds to 67 42 Certification of levy to County Commissioners.... 65b 40 Common and Independent 49a 24 Common and Independent become Independent.. 49d 25 Common and Independent election 49b 24 Directors of Common Independent 49e 25 Formation petition 47e 22 Proposed plans to be indorsed by State Board of Education 47c 22 Rural High School Districts 134a 78 Warrants countersigned by County Superintendent 69 43 Contracts 'Prohibited in certain cases 126 70 County Auditor To draw warrants for school districts 73 46 County Commissioners Consolidation of districts duties 49a 24 Levy for County school taxes 65b 40 Levy for special school taxes 54c 30 Power to create and change boundaries of school districts 47a 21 Power to segregate joint school districts 47a 21n To act on petitions when 49 24 To furnish office and supplies for County Superin- tendent 38 17 County School Taxes Collection 65 40 Fines and penalties 65 40 Levy for 65a 40 County Superintendent of Public Instruction Annual report to State Superintendent 43a 19 Apportionment in joint districts 51 27 Apportionment in new districts 51 26 Assistants 37e 17 Bond 36 16 Duties in general 37a 16 Duties prescribed by State Board of Education... 37b 17 Duty respecting free tuition 198 107 Election 35 15 INDEX 115 Section Page Expenses of examinations 42 18 Failure to make annual report penalty 45 19 Meetings with State Superintendent 21 13 Oath of office 36 16 Office 38 17 Office days 37d 17 Office hours 37e 17 Qualifications 36 16 Residence 35 15 Right to employ assistants at County expense.... 37e 17n Salary 35 15n Supervision of buildings 39 18 Supervision of School District boundaries 43b 19 Supervision of school sanitation 39 18 Supplies 38 17 Term of office 35 15 To appoint Trustees in new districts 44 19 To apportion funds to districts ....,,,,,.....,,, 67 42 To approve change of boundaries of school dis- tricts 47cc 23 To countersign orders for warrants ,.,,,. 72 46 To countersign warrants for districts 69 43 To give notice of annual school meetings 54f 32 To give notice of petition to change district boundaries 48 23 To give notice of petition to create districts 48 23 To hold teachers' examinations 41 18 To hold teachers' institutes 108 64 To issue permits to teach 41 18 To keep accounts with districts 69 43 To keep register of teachers 40 18 To organize teachers' meetings 37c 17 To publish compulsory school law 147 84 To report absent pupils to probation officer. 150 85 To revoke teachers' certificates 106 63 To set apart "Arbor Day" 188 103 County Treasurer Accounts with school districts 68 43 Duties respecting redemption of school district bonds 81 49 Presentment and non-payment of warrants duty 74 46 D. Deaf and Blind (See School for Deaf and Blind) Deficiency warrants Emergencies 71a 45 In Rural High School Districts 137g 81 State Board of Education judge of necessity 71b 45 Unlawful penalty 7 Id 45 When allowed 71 44 Delinquent Children- Arrested child to be taken before Probate Court. .156 89 Commitment of child . .157 89 116 INDEX Section Page Compulsory Education Act 160 91 Delinquent child denned 152 86 Encouraging delinquency a misdemeanor 159 91 Imprisonment to be avoided 155 88 Information or complaint in Probate Court 154 87 Issuance of warrant 155 88 Juvenile disorderly person complaint against.... 162 92 Juvenile disorderly person denned 161 92 Probate Court has jurisdiction of 153 87 Probation officer may file complaint 154 87 Records and reports of Court 153 87 School Trustees to report delinquents 164 93 Supervision of institutions receiving children 158 90 Directors of Libraries Appointment 179 99 Organization 180 100 Powers 180 100 Reports 182 101 Disease (See Health) District Principal Defined 21 13 Meetings with State Superintendent 21 13 Eighth Grade Examinations Regulations and requirements 187 103 Elections Commc-n and Independent Consolidated School Districts 49b 24 Common School Districts Annual 54b 29 Common School Districts vBond 77 48 Common School Districts Removal of School Site 58g 35 Common School Districts Trustees 54b 29 Independent School Districts Bonds 131 76 Independent School Districts Organization 122 66 Independent School Districts Trustees 125a 69 Rural High School Districts Bonds 139 82 Rural High School Districts Organization 135 78 School District Bonds 76 47 77 48 School District Libraries 178 99 Emergency Deficiency Warrants Expiration of Act 71c 45 State Board of Education, exclusive judge 71b 45 When allowed 71a 45 Enrollment To be checked with census list 149a 85 Examinations (See Certification of Teachers) Eighth Grade 187 103 Expenses of Teachers 42 18 Teachers' Held by County Superintendent 41 18 Expenditures (See Warrants) Supervision of Schools by State Board of Education 8e 10 INDEX 117 Expulsion of Pupils Section Page In Common School Districts 58jj 36 86a 51 In Independent School Districts 129g 72 In Rural High School Districts 137d 80 F. Felonies Failure to pay over bond money 84 50 Fines and Penalties Apportioned to School Fund 65 40 Flag School District Trustees to provide 59 37 Funding Bonds Common School Districts 76 47 Independent School Districts 130 75 Governor May remove members of State Board of Educa- tion 4 7 To appoint members of State Board of Education. 2 6 To supervise institutions receiving children 158 90 Gymnasiums In Independent School Districts 129m 73 H. Health- Clerk of School Board to be notified of contagious disease 142 83 Disinfection of text books 144 84 Exclusion of pupils from infected households 143 83 In Schools enforcement of laws 8m 11 Supervision in Independent School Districts 1291 73 Supervision by State Board of Education 8n 11 Violation of health regulations a misdemeanor. ... 145 84 Hearing Delinquent children 157 89 Juvenile disorderly person 162 92 High Schools (See Rural High School Districts) (See Tuition) Certificates for teachers 95b 56 Duties respecting tuition 199 107 Five-year certificates for teachers 95e 57 Life certificates for teachers 95f 57 One-year certificates for teachers 95d 57 State Board of Education to classify 95a 56 Holidays Arbor day 188 103 Hygiene (See Physiology and Hygiene) I. Income of School Districts What it is 71 45n Independent School Districts Application of school law to 133 76 118 INDEX Section Page Apportionment of funds to 67 42 Board of Trustees Terms of office 124 69 Bonds for erection of buildings 131 76 Certification of levies to County Commissioners. 65b 40 Change of boundaries 122 67 Class A When 129aa 74 Consolidated, become Independent 49d 25 Consolidated Directors 49e 25 Consolidation with Common School Districts 49a 24 Corporate powers 123 68 Election of Trustees 124 69 Electors' qualifications 12 5a 69 Formation Validation of 122a 68 Free Tuition in High Schools. 196 106 Funding bonds .....:......'... 130 75 May establish kindergartens 189 104 Organization conclusive after six months 122b 68 Organization, petition, election 122 66 Tax levy for bonds 132 76 To make leVy for special tax 129c 72 Independent School Districts Class A (See Independent School Districts) Apportionment of funds to 67 42 Certification of levies to County Commissioners... 65b 40 Funding bonds 130 75 Independent course of study . ............ 129bb 74 Not subject to supervision by. County Superintend- ents 37a 16 Superintend ent Employment for term of years.. 129dd 75 Textbooks 129cc 74 What necessary to constitute . 129aa 74 Independent School District Trustees Contracts with members prohibited 126 70 Death change of residence malfeasance 125b 70 Election 125a 69 Election tie vote 125a 69 May establish kindergartens 189 104 Meetings of Board 128 71 Members to attend meetings called by County Su- perintendent 62 39 Qualification and organization . 127 70 Terms of office 124 69 To build school houses . 129f To determine qualifications of teachers. 129h 73 To employ teachers 129b 71 To enforce compliance with law .. ....... 129k 73 To exclude sectarian matters 12 9 j 73 To expel pupils 1 2 9g To fix length of school term 129h 73 To fix rate of tuition 12 9b 71 To furnish text books on physiology and hygiene. . 19 Ob 105 To levy special tax. ........ ... . . . 129c To make by-laws . 129a 71 INDEX 119 Section Page To preserve school property 129e To protect morals and health 1291 73 To provide equipment 129d 72 To provide gymnasiums and playgrounds 129m 73 To require pupils to furnish their own books 1291 73 Vacancies 125b 70 Industrial Training School Budget ' 8d 9 Supervision by State Board of Education 1 5 Information (See Complaint) Institutes (Teachers) Attendance compulsory 109 64 Conduct and expenses of Ill 65 Teachers 108 64 Interest Bonds levy for 80 48 Bonds secured 82 49 Bonds sold to State 82 50 J Joint Independent School Districts Apportionment of funds to 67 42 Corporate name 50a 26 Formation 50a 25 Qualifications of teachers 50a 26 Joint Rural High School Districts Apportionment of funds to 67 42 Corporate name 50a 26 Formation 50a 25 Qualifications of teachers 50a 26 Joint School Districts Accounts with County Superintendent 69 43 Accounts with County Treasurer 68 43 Apportionment 51 27 Apportionment of funds to 67 42 Certificates of teachers 50 25 Certification of levies to County Commissioners.. 65b 40 Corporate name 50 25 Formation 50 25 Levy for special tax 54c 3 On Petition for formation. . 50 25 Power of County Commissioners to segregate 47a 21n Segregation 50 25n \Varrants Countersigned by County Superinten- dent 69 43 Juvenile Disorderly Person Commitment 162 92 Complaint against 162 92 Defined 161 92 Hearing on complaint 162 92 K. Kindergartens School Districts may establish 189 104 120 INDEX L. Levies Section Page Common School Districts 54c 29 Common School Districts Bonds 80 48 Common School Districts Power of Trustees to levy 54e 31 County School Tax 65a 40 Independent School Districts Bonds 132 76 Independent School Districts Rural Routes 129c 72 Independent School Districts Special 129c 72 Libraries in general 184 101 Rural High School Districts Special 137g 81 School District Libraries 178 99 Lewiston State Normal School Budget 8d 9 Supervision and control by State Board of Educa- tion 1 5 Libraries (See Directors of Libraries) (See State Library Commission) Cities may establish 177 98 Defined 184 102 Directors 179 99 Donations to 183 101 Free 181 100 In Common School Districts 58i 35 School Districts 178 99 Tax levies for 184 101 M. Misdemeanors Employment of minors in saloons 172 96 Encouraging delinquency 159 91 Injury to school flags 59 38 Violation of health regulations 145 84 Month School month defined 18 5b 102 N. Nepotism Act of 1915 not applicable to school districts 46 20n O. Official Bonds County Superintendent of Public Instruction 36 16 State Superintendent of Public Instruction 19 13 P. Penalties (See Felonies) (See Misdemeanors) County Superintendent's failure to report 45 19 Creation of deficiency 71d 45 Failure to teach physiology and hygiene 193 106 Violation of child labor act 170 95 Petitions Change of boundaries of Independent School Dis- tricts . . 122 67 INDEX 121 Section Page Change of boundaries of school districts 47a 21 Change of boundaries of school districts Signers 47b 21 Consolidation of Independent and Common School Districts 49a 24 County Commissioners to act upon 49 24 County Superintendent to give notice of filing. ... 48 23 Creation of School Districts 47a 21 47b 21 Creation of School Districts Signers 47b 21 Formation of Consolidated School Districts 47c 22 Joint School Districts Formation 50 25 Organization of Independent School Districts 122 66 Organization of Rural High School Districts 134 77 School District Libraries 178 99 Permits to Teach County Superintendent to issue 41 18 In general 105 63 Physiology and Hygiene Failure to teach Penalty 193 106 In State Reformatories 192 105 Instruction to teachers in 191 105 To be taught in schools 190a 105 Trustees to furnish text books on 190b 105 Playgrounds In Independent School Districts 129m 73 President University of Idaho Member of State Library Commission : . . . . 174 97 Probate Court Children arrested to be taken before 156 89 Information or complaint under Delinquency Act. 154 87 Jurisdiction over delinquent children 153 87 Jurisdiction over Juvenile Disorderly Persons.... 162 92 Records and reports on delinquent children 153 87 Review of orders of 165 94 Probation Officer Appointment 163 93 Duties 163 93 Duties in case of absent school children 151 85 To file complaint against child delinquent 154 87 To file complaint against juvenile disorderly per- son 162 92 To make complaint under Child Labor Act 173 97 Professional School for Teachers Defined lOlb 61 Public School Fund Of what it consists 63 39 Pupils (See School Children) Q. Quarantine In Common School Districts.. 54d 31 122 INDEX R. Refunding Bonds Section Page Common School Districts 76 47 Independent School Districts 130 75 Relatives Anti-nepotism Act inapplicable to school districts.. 46 20n Election of teachers in Common School Districts. .581 37 Repealing clause 194 106 Reports Common School Districts Annual financial reports. 61 38 County Superintendents Annual to State Super- intendent 43a 19 Directors of Libraries 182 101 Libraries To County Superintendent 58i 35 Schools 80 11 State Board of Education 8p 12 State Board of Education Annual 9 12 State Superintendent Financial on Schools 22c 14 Teachers' To County Superintendent 85 51 Rural High School Districts (See Joint Rural High School Districts) Apportionment of funds to 67 43 Bonds Election 139 82 Consolidation 134a Consolidation Liability for bonds 134b Organization conclusive after six months 122b 68 Organization Election 135 Organization Petition 134 Organization Validation 122a 68 Segregation 141 Supervision by State Board of Education 140 82 Trustees 136a 79 Rural High School District Trustees Appointment 136a Clerk 136c Districts created prior to 1911 136d Meetings 137 80 Oath of Office 136b 79 Officers Duties 138 Organization 136c Powers in general 137a President 136c To appoint teachers 137c To call meetings to decide on building 137h To fix amount of special tax 137g To fix length of school term 137d To fix rate of tuition. 137b To hold and manage real property 137e To issue deficiency warrants 137g To make rules and regulations 137d To provide course of study 137f To suspend and expel pupils 13 7d Rural School Routes Levy in Independent Districts for 12 9c 72 INDEX 123 S. Saloons Section Page Employment of minors is forbidden 172 96 School Children (See Child Labor Act) (See Delinquent Children) (See Juvenile Disorderly Person) Absentees to be reported 149b 85 Attendance outside home district 47d 23 60 38 Dismissal of. insubordinate, pupils 58jj 36 Exclusion from infected households 143 83 Expulsion in Independent Districts 12 9g 72 Register of Kept by teachers 85 51 Suspension and expulsion in Rural High Schools.. 137d 80 Suspension by teachers 86a 51 School Code Act is complete 195 106 School Districts (See Common School Districts) (See Consolidated School Districts) (See Independent School Districts) (See Independent School Districts Class A) (See Joint School Districts) (See Rural High School Districts) Accounts with County Superintendent 69 43 Accounts with County Treasurer 68 43 Boundaries to be supervised by County Superin- tendent 43b 19 School for the Deaf and Blind Budget 8d 9 Supervision and control by State Board of Edu- cation 1 5 School Fund (See Public School Fund) School Houses Removal in Independent School Districts 129f 72 Removal of site in Common School Districts, 58g 35 Rural High School Districts 137h 81 Use as community center 185c 102 School Lands Additional school lands 64 40 School Month Defined 185b 102 School Term Length in Common School Districts 54d 30 Length in Independent School Districts 129h 73 Length in Rural High School Districts 137d 80 School Year Defined 185a 102 Secrclpry of State Member State Library Commission 174 97 Sectarian and Partisan Instruction Excluded in Independent School Districts 129j 73 Forbidden .186 102 124 INDEX Specialists* State Certificates Section Page (See Certification of Teachers) In general 91b 54 State Board of Education Annual report 9 12 Appointment of members by governor 2 6 Certification of teachers 8k 11 Conservation of health Co-operation with other departments 8m 11 Created 1 5 Executive officers' powers 8 9 Executive officers' powers Budget for legislature 8d 9 Executive officers' powers In general 8a 9 Executive officers' powers Minimum course of study in schools 8h 10 Executive officers' powers Recommendations to Legislature 8c 9 Executive officers' powers Supervision of build- ings and construction 8f 10 Executive officers' powers Supervision of courses of study in state institutions 8g 10 Executive officers' powers Supervision of school expenditures 8e 10 Executive officers' powers Supervision of schools 8b 9 Executive officers' powers (Supervision of Sum- mer Normal Schools 8j 10 Executive officers' powers Supervision of text books 8i 10 Judge of necessity for deficiency warrants lib 45 98b 59 Meetings 5 7 Members Compensation Expenses 6 7 Members Removal 'Cause 4 Members Terms Qualifications 2 6 Membership 2 6 Powers and duties In general 7 Powers and duties Appointment of Commissioner of Education 7a Powers and duties Court of appeal 7d Powers and duties Delegation of discretion to ex- perts 7f Powers and duties Legislative duties 7d Powers and duties Removal of Commissioner of Education 7a Powers and duties Rules and regulations 7b Powers and duties Supervisory expenditure of funds 7c Powers and duties To prepare budget 7e Publication of reports and statistical tables 8p 12 Recommendations 9 Reports of Schools 80 State Superintendent is executive officer 22a Supervision of health regulations 8n Supervision of State Library Commission 81 11 INDEX 125 Section Page Supervisory powers over certification of teachers 90c 54 To classify high schools 95b 56 To indorse plans for proposed consolidated school districts 47c 22 To revoke teachers' certificates 97 58 To supervise Rural High School Districts 140 82 Transfer of control of institutions to 3 6 State Certificates (See Certification of Teachers) State Library Commission Accounts of 176 98 Membership 174 97 To manage Travelling Library 175 97 State Superintendent of Public Instruction Bond 19 13 Correspondence with other states 22d 14 Duties 20 13 Election 19 12 Executive office State Board of Education 22a 14 Ex-officio member State Board of Education 2 6 Expenses 22e 15 Financial Report of Schools 22c 14 Inspection of Schools 22d 14 Member State Library Commission 174 97 Oath of Office 19 13 Office 20 13 Qualifications 19 13 Seal 20 13 To apportion funds to counties 67 42 To call meetings of County Superintendents 21 13 To print and distribute supplies and laws 22b 14 Statistical Tables To be prepared by State Board of Education 8p 12 Summer Normal Schools Abolished 65 Supervision by State Board of Education 8j 10 Superintendent Employment in Independent School Districts Class A for term of years 129dd 75 Superintendent of Public Instruction (See County Superintendent of Public Instruction) (See State Superintendent of Public Instruction) Suspension of Pupils By teachers Review by Board of Trustees 86a 51 In Rural High School Districts 137d 80 T. Taxation (See Levies) Apportionment of County Funds to Districts 67 42 Apportionment of State Funds to Counties 66 41 Collection by County 65c 41 Collection for Common School Districts.. 56 32 126 INDEX Section Page County School Taxes 65 40 Levy for County Schools 65a 40 Special Tax in Common School Districts 54c 29 Special Tax in Independent School Districts 129c 72 Special Tax in Rural High Schools 137g 81 Teachers (See Certification of Teachers) Adjourned Schools Teachers draw pay 110 64 Appointment in Rural High School Districts 137c 80 Duties in general 86b 51 Employment in Independent School Districts 129b 71 Examinations by County Superintendent 41 18 In Common School Districts Compensation 58b 33 In Common School Districts Discharge 58c 34 In Common School Districts Employment 58a 33 In Joint Districts Certificates 50 . 25 In Joint Independent Districts Certificate 50a 26 In Joint Rural High School Districts Certificate. 50a 26 Institutes 108 64 Institutes Attendance compulsory 109 64 Instruction in physiology and hygiene 191 105 Meetings called by County Superintendent 37c 17 Must have certificate 87 52 Penalty for failure to teach physiology and hygiene 193 106 Permits to teach 41 18 Professional School defined lOlb 61 Qualifications in Independent School Districts... 129h 73 Register of School Children to be furnished to... 85 51 Register of To be kept by County Superintendent 40 18 Report blanks to be furnished to 85 51 Suspension of Pupils 85a 51 To keep register of pupils 85 51 To make report to County Superintendent 85 51 Teachers' Institutes (See Institutes) Text Books Disinfection of 144 84 In Independent School Districts Class A 129cc 73 Physiology and hygiene To be furnished 190b 105 Pupils to furnish in Independent School Districts. 12 9i 73 Supervision by State Board of Education 8i 10 Theatrical Employment of Children Prohibited 171 96 Travelling Library Management by State Library Commission 175 97 Trustees (Seo Common School District Trustees) (See Consolidated School District Trustees) (See Independent School District Trustees) (See Independent School District Class A Trustees) (See Joint School District Trustees) County Superintendent to appoint in new districts 44 19 INDEX 127 Tuition Section Page Duties of High Schools 199 107 Duty of County Superintendent 198 107 Free 196 106 In Common School Districts 58d 33 In High Schools 58d 33 In Independent School Districts 129b 71 In Rural High School Districts 137b 80 Payment by Districts 196 106 Rate when paid by Districts 197 107 U. University of Idaho Budget 8d 9 Graduates entitled to teachers' certificates 92 55 Supervision and control by the State Board of Education 1 5 W. Warrants (See Delinquent Children) Deficiency 71 44 Deficiency in emergency cases 7 la 45 Deficiency in Rural High School Districts 137g 81 Duty of County Auditor 73 46 How drawn 70 44 Orders for 70 44 Orders for County Superintendent to countersign 72 46 Presentment and non-payment 74 46 School District County Superintendent to coun- tersign 69 43 Working Hours Children under sixteen 169 95 Y. Year School year defined 185a 102 128 INDEX TABLE OF CASES. Bank vs. Board of Regents, 26 Ida. 15; 140 Pac. 771. . 5 Barton vs. Alexander, 27 Ida 37 20 Barton vs. Rogers, 21 Ida. 609; 123 Pac. 478. 71 Bobbit vs. Blake, 25 Ida. 53; 136 Pac. 211 21 25 Coon vs. Sommercamp (Ida.) 146 Pac. 728 40 Dart vs. Board, 20 Ida. 445; 119 Pac. 52 40 Fenton vs. Board, 20 Ida. 392; 119 Pac. 41 20 31 40 Fremont County vs. Brandon, 6 Ida. 482; 56 Pac. 264. . 17 Gaiser vs. Steele, 25 Ida. 412; 137 Pac. 889 83 Hermann vs. Independent District, 24 Ida. 554; 135 Pac. 1159 71 School District vs. Blaine County, 26 Ida. 285; 142 Pac. 41 27 State vs. Drury, 25 Ida. 787; 139 Pac. 1129 91 94 97 Wood vs. Independent School District, 21 Ida. 734; 124 Pac. 780 . 20 21 65 . 50m-7,'16 UNIVERSITY OF CALIFORNIA LIBRARY