UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ST VI 'A ASH IV DEPARTMENT OF EDUCATION Bulletin No. 29 Digest £f Opinions and Rulings Relating to School Matters PUBLISHED BY AUTHORITY OF MRS. JOSEPHINE CORLISS PRESTON Superintendent of Public Instruction OLYMPIA 1916 OLYMPIA. WASH. FRANK M. LAMBOEK <&&*> PPBtlG PBI1 1916 STATE OF WASHINGTON DEPARTMENT OF EDUCATION Bulletin No. 29 Digest £f Opinions and Rulings Relating to School Matters PUBLISHED BY AUTHORITY OF MRS. JOSEPHINE CORLISS PRESTON Superintendent of Public Instruction OLYMPIA 1916 OLYMPIA, WASH. FRANK M. LAM BORN o*Ka|*> P0BLIC PRINTER 1016 FORK WORD Pursuant to subdivision 14, section 5, Code of Public In- struction, 1913, I have had the following opinions and rulings arranged in digest form in the hope that they may be of assist- ance to the school officers of the state in the administration of school matters within their various jurisdictions. I have asked Mr. Bert C. Ross, an attorney of Seattle, Washington, to make an examination of the files of this office with a view to working out such general rules as the various decisions of this office would seem to warrant, and, as a result of such examination, Mr. Ross has arranged the following digest. Scarcely a day passes but one or more of the questions dealt with herein are raised by communications to this office from school officers throughout the state, and it is believed that the following opinions and rulings will help school officers in decid- ing what may or may not be done under the law. In the compilation of this digest it was thought wise to in- clude the opinions of the Attorney General's office, rulings of the Bureau of Inspection and Supervision of Public Offices, and certain rulings of the State Board of Education. I wish to take this opportunity to express my appreciation of the conscientious and painstaking manner with which Mr. Ross has applied himself to the compilation of this work. Josephine Corliss Preston, Superintendent of Public Instruction. Olympia, Washington, June 1, 1916. Seattle, June 1st, 19 Hi. Mrs. Josephine Corliss Preston, Superintendent of Public In- struction, Olympia, Washington. Deab Madam: I submit herewith the result of my exami- nation of the rulings of your office, opinions of the Attorney General's office, rulings of the Bureau of [nspection and Super- vision of Public Offices relative to school matters, and rulings of the State Hoard of Education. It has been mv effort to express in as concise a form as possible the rules to be adduced from the mass of correspondence out of which the rules originated. It has not always been easy to formulate a rule of general application from the files of correspondence covering a particu- lar case, as quite often there have been peculiar considerations which would take the case out of the operation of general rules and which would make the rule announced for the particular case such that it could not be laid down as a general rule to be applied to all cases. This has been particularly true of the rulings of the Bureau of Inspection and Supervision of Public Office^, where they have had to straighten out the affairs of a district when it found itself in difficulties as a result of not having followed the pro- cedure outlined in the statutes. In the arrangement of the index to this digest I have made an effort l<> keep from extending it to such a length as to make it cumbersome and yet at the same time to use enough cross- references to make it possible to locate a section where it might logically have been classified under more than one head. In consulting a work of this nature the use of the index i> almost indispensable, and it is hoped that those who have occa- sion to refer to this digest will make use of the index and that it may he found helpful. Very respectfully, Bert C. Ros*. ABBREVIATIONS AND EXPLANATIONS Atty. Gen. — Attorney General. Atty. Gen. Ops. — Attorney General's Opinions. Bureau of Insp. — Bureau of Inspection and Supervision of Public Offices. Code of Pub. Ihstr., 1913.— Code of Public Instruction, 1913. Sec. — Section. Sees. — Sections. St. Bd. — State Board of Education. Supt. Pub. Instr. — Superintendent of Public Instruction. Following each section is a reference to the authority who made the ruling, together with the date when such ruling was made. Opinions of the Attorney General are followed by citations to the printed opinions of that officer, or, in case an opinion is not reported in the printed opinions, the date on which the opinion was rendered is given. In using this digest the index should be consulted. Digest of Opinions and Rulings Relating to School Matters ADULTS Section 1. May attend public schools Adults who wish to attend public school may do so by mak- ing arrangements with the board of directors of their district. (Supt. Pub. Instr., May 27, 1915.) ADULT BLIND Section 2. May not furnish school for A school district has only such powers as are expressly granted to it by the legislature, or as may be necessarily im- plied, in order to carry out the powers so granted. Following this rule, a school district of the first class would have no au- thority for establishing a school or furnishing a teacher for adult blind. (Atty. Gen. Ops., 1913-14, p. 358.) ADVICE Section 3. Not given to litigants It is not considered within the province of the Superintendent of Public Instruction to give advice to persons who are actual or prospective litigants against school districts. (Supt. Pub. Instr., June 27, 1914.) ALIENS Section 4. May attend public schools It is the duty of a school district, as imposed by sec. 1, art. IX of the Constitution of the State of Washington, to educate the children of aliens so long as they reside in the district, re- gardless of their nationality. (Supt. Pub. Instr., Jan. 13, 1915.) APPEALS Section 5. May be taken from order of county superintendent We are of the opinion that an appeal may be taken to the board of county commissioners from an order of the county 6 Digest of Opinions and Rulings superintendent refusing to form a new district. (Atty. Gen. Ops., 1911-12, p. 130.) Section 6. Cases heard de novo In an appeal from the county superintendent of schools to the board of county commissioners, the county commissioners may hear the case de novo and are not confined to merely af- firming or reversing the county superintendent. (Atty. Gen., Aug. 10, 1915.) APPOINTMENTS Section 7. County Board of Education The board of county commissioners have no power to pre- vent the appointment of the county board of education, which is a board established by statute, nor to alter the compensation provided by law for the members of such board. (Atty. Gen., Aug. 10, 1915.) APPORTIONMENT Section 8. Parental schools For the purpose of apportionment, the attendance at pa- rental schools shall be counted on the basis of five days a week. (Supt. Pub. Instr., Aug. 18, 1914.) Section 9. Private schools Credit should be given for the purpose of apportionment for attendance at private schools, regardless of the grades. With reference to commercial schools, whose work corresponds to the work of the business departments of city high schools, credit should be given for the purposes of apportionment. (Atty. Gen. Ops., 1913-14, p. 413.) Section 10. Normal training schools Attendance to be entitled to credit in the apportionment of school funds must be attendance in the common schools of this state. Therefore the pupils of the training schools of the various State Normal Schools, where all the instructors are not under the complete control of the school district in which the Relating to School Matters children reside, cannot be counted in making the apportionment for the school dist rift. The above rule is not modified by the fact that the >eliool district has partial control of said training school. (Atty. Gen. Ops., 1913-14, p. 255.) Section 11. Other districts For the purpose of apportionment, attendance may be claimed for pupils attending' school in another district for the first eight grades only. The attendance of high school pupils in other than their resident district may not he claimed by the pupil's resident district. (Supt. Pub. Instr., Oct. 9, 1914.) Section 12. Summer vocational schools Attendance may not be allowed for the purpose of appor- tionment in summer vocational schools. (Supt. Pub. Instr., May 3, 1916.) Section 13. Emancipated minor A school district in which the parents of an emancipated minor child reside cannot claim credit for the attendance of such child in a school district other than the one in which it has estab- lished a separate residence. (Atty. Gen. Ops., 1913-14, p. 320.) Section 14. Indians For the purpose of apportionment, the attendance of Indian children at a public school should be counted. (Supt. Pub. Instr., June 3, 1914.) Section 15. Actual days' attendance Under sec. 285 (apportionment of county funds), the ap- portionment should be made in proportion to the number of days of actual attendance. (Atty. Gen. Ops., 1909-10, p. 69.) Section 16. Report of county superintendent The annual reports of county school superintendents are the only proper basis of apportionment of public moneys by tin- State Superintendent of Public Instruction. (Atty. Gen. Ops., 1901-02, p. 78.) 8 Digest of Opinions and Hidings Section 17. Basis of estimation The proper method of estimating the county and state ap- portionment is to base same on the actual amount received by each district the past year. (Supt. Tub. Instr., Sept. 16, 1915.) Section 18. Bonus can not be transferred In transferring the territory that was originally one of the component districts of a consolidated district to another con- solidated district, the 2,000 days' credit in attendance for ap- portionment purposes can not be transferred. (Atty. Gen. Ops., 1913-11, p. 179.) Section 19. Bonus carried over to other district When a new district is organized out of the territory of one of the original component districts of a consolidated district, and is then consolidated with a consolidated district, the new consolidated district is entitled to the additional 2,000 days' credit in attendance for apportionment purposes. (Atty. Gen. Ops., 1913-14, p. 479.) Section 20. One and one-half attendance The bonus to high schools, provided by sec. 249, Code of Pub. Instr., 1913, relative to counting the attendance as one and one-half times the actual attendance, has only one condi- tion imposed upon it, which is that tuition shall not be charged to non-resident students if there is no high school in such a non- resident student's district. (Supt. Pub. Instr., April 6, 1916.) Section 21. Bonus affected by tuition In order to receive the benefit of the bonus provided for in sec. 249, Code of Pub. Instr., 1913, a school district cannot charge tuition to a non-resident pupil when the district of such non-resident pupil does not maintain a high school, but a dis- trict may charge tuition without forfeiting the bonus provided for in said section when the district of such non-resident pupil maintains a high school. (Atty. Gen., Oct. 19, 1914.) Section 22. Extra apportionment lost Where a high school charges tuition contrary to the provi- sions of sec. 249, Code of Pub. Instr., 1913, the district loses Relating to School Mutters its right to the extra apportionment provided for in such sec- tion, but does not forfeit its right to apportionment pursuant to section 245. (Atty Gen. Ops., 1913-14-, p. 431.) Section 23. Whole attendance affected The provisions of section 22 supra apply to the whole at- tendance of a high school, and not merely to the attendance of students from outside the district. (Supt. Pub. Instr., April 20, 1914.) Section 24. County apportionment High schools do not receive the one and one-half attendance credit in the apportionment of the county funds. This bonus is given in connection with the apportionment of state funds only. (Supt. Pub. Instr., March 22, 1916.) Section 25. $100.00 bonus, conditions The only condition imposed by statute (sec. 252, Code of Pub. Instr., 1913) upon a high school's drawing the $100.00 bonus for each high school grade is that there must be an aver- age daily attendance in each grade of at least four students. (Supt. Pub. Instr., April 6, 1916.) Section 26. Average of grades, not taken It is not possible for a high school to use the average of two grades in order to secure the $100.00 bonus provided for in sec. 252, Code of Pub. Instr., 1913, as the law states very plainly that each grade must have an average daily attendance of four students. (Supt. Pub. Instr., Dec. 17, 1915.) Section 27. $100.00 bonus not lost, tuition A high school does not lose the $100.00 bonus, provided for in sec. 252, Code of Pub. Instr., 1913, by reason of the fact that it charges tuition to non-resident students. (Supt. Pub. Instr.. March 22, 1916.) Section 28. Children under six years of age No attendance money can be claimed for a pupil until he is six years of age, and he cannot be considered as being six 10 Digest of Opinions and Rulings years of age until he reaches his sixth birthday. (Supt. Pub. Instr., Dec. 13, 1915.) Section 29. Donations, effect of Where money is raised by donation to help defray the ex- penses of the public schools of a district, the donors can stipu- late how the money shall be paid, and it will not affect the count- ing of the attendance for the purpose of apportionment. (Supt. Pub. Instr., March 13, 1915.) Section 30. Debating trips For the purpose of apportionment, the time consumed by a debating team on a debating trip may be considered the same as attendance in the school room. (Supt. Pub. Instr., March 19, 1915.) Section 31. School must be maintained School funds cannot be apportioned to any school district that has not maintained school the minimum time required by law during the preceding school year. (Atty. Gen. Ops., 1907- 08, p. 222.) Section 32. General provisions In accordance with an opinion of the Attorney General's office, dated October 7, 1913, all sections of the law relating to apportionment are to be considered as applying both to state and county apportionments, unless specifically limited in the language of the statute. The attendance to be included in de- termining the basis for the apportionment of the county fund shall consist of : (1) The actual days' attendance as shown by the last re- port from the several school districts. (Col. 1 of the Basis of Apportionment Sheet, page H of County Superintendent's An- nual Report.) (2) The days of attendance of resident pupils in a public school outside of his district, as allowed in sec. 246 of the Code of Pub. Instr. (Col. 2 of the Basis of Apportionment Sheet, page H of the County Superintendent's Report.) Relating to School Matters 11 (3) The credit for attendance at private schools, as allowed in chap. 158, Laws of 1918, sec. 1)567, Rem. & Hal. Code. (Col. 2 of the Basis of Apportionment Sheet, page II of County Su- perintendent's Annual Report.) (4) The credit for the teachers' attendance at county in- stitute, as allowed in sec. 261 of the Code of Pub. Instr. ( Col. 4 of Basis of Apportionment Sheet, page H of County Super- intendent's Annual Report.) (5) The credit for consolidation, as allowed in sec. 126 of the Code of Pub. Instr. (Col. 5 of Basis of Apportionment Sheet, page H of County Superintendent's Annual report.) (6) The credit for attendance in night school held in dis- tricts of the first class, as allowed in sec. 251, Code of Pub. Instr. (7) The credit for time lost when the school is closed be- cause of contagious diseases, as allowed in sec. 254, Code of Pub. Instr. (Col. 12 of Basis of Apportionment Sheet, page H of County Superintendent's Annual Report.) The apportion- ment under this section will be made in June of the current >cliool year. Sees. 245, 249. and 250 of the Code of Pub. Instr. shall not be considered as applying to the apportionment of county funds inasmuch as the text of the law in each section specifically limits its application to the apportionment made by the Superintend- ent of Public Instruction of the current state school fund. County superintendents are hereby directed to apportion two-thirds of the county funds in accordance with this decision, and this order shall be final unless set aside by a court of com- petent jurisdiction. (Supt. of Pub. Inst... Nov. 17. 191:3.) Section 33. To old district The apportionment of moneys to school districts i> based upon the annual reports of the county superintendents (sec. 241. Code of Pub. Instr.. 191:3). Therefor.', when a new dis- trict is created, after the report of a county superintendent has been rendered, the apportionment should be made to the old dis- 12 Digest of Opinions and Rulings trict for that year. However, the county superintendents are required, under the provisions of sec. Ill, Code of Pub. Instr., 1913, to divide between the old and new districts moneys there- after received for the current year which were apportioned to the old district, according to the number of children resident in the new district. In order to determine such fact, he is author- ized and directed to have a census taken for that purpose. (Atty. Gen., Dec. 10, 1915.) Section 34. New districts, certificate of county superintendent New districts can not participate in funds until after filing of certificate of county superintendent with county auditor. (Atty. Gen., Oct. 6, 1911.) Section 35. No limit to number of days There is nothing in the Code of Public Instruction which limits the number of days which may be counted for the pur- pose of apportionment. There is, however, a limit on the num- ber of months that school may be maintained in districts of the first class (subdivision 5, sec. 191, Code of Pub. Instr., 1913). (Supt. Pub. Instr., July 23, 1914.) Section 36. Minor's residence A pupil who moves to town to attend school while his par- ents remain on the farm in the country district, would not be considered a resident of the town district, as the minor's resi- dence under ordinary circumstances is the same as that of his parents. (Supt. Pub. Instr., Oct. 6, 1915.) Section 37. Resident district entitled to It is not within the province of parents or guardians to say whether or not their district shall draw an apportionment for the children under their care, as this is a matter which is fixed by law, which law provides that the district in which the parents or guardians reside is the district which is entitled to the ap- portionment. (Supt. Pub. Instr., March 17, 1916.) Section 38. Extra teachers For the purpose of apportionment, a teacher who gives part of his time to one district and part to another should be counted Relating to School Matters 13 as an additional teacher in each district. And each district will be entitled to one-half of the extra credit specified in the proviso of sec. 285, Code of Pub. Instr., 1913, relative to additional teachers. (Supt. Pub. Instr., July 23, 1915.) Section 39. Fractional method For the purpose of apportionment, the fractional method specified in the proviso in sec. 285, Code of Pub. Instr., 1913, is applicable only to school systems employing several teachers. (Supt. Pub. Instr., July 13, 1915.) Section 40. Non-resident of state, tuition A school district may charge tuition to a student attending high school, if such student is not a resident of this state, with- out losing the right to claim attendance for such student. (Supt. Pub. Instr., Aug. 10, 1914.) ATTORNEY Section 41. Prosecuting attorney The prosecuting attorney in each county is by law consti- tuted the attorney for the school districts within his county in all matters wherein the legal rights of a district are concerned. (Supt. Pub. Instr., March 22, 1915.) AUDITING Section 42. School claims, auditing It is the duty of the Bureau of Inspection to audit all school claims, and, as the county auditors of the state are ex-officio members of the Bureau of Inspection, it is insisted that they audit the school claims in order that the school district accounts, so far as possible, may be audited at the county seat, thus sav- ing a great deal of expense to the school district. In order that the county auditors may properly audit the vouchers, it is necessary for them to have properly itemized vouchers, ac- companied by receipts if articles have been purchased and paid for. Vouchers must be properly sworn to. (Bureau of Insp., Feb. 9, 1914.) 14 Digest of Opinions and Killings BONDS Section 43. Detached territory not liable for If territory is detached from a school district having a bonded indebtedness, the detached territory is not liable for the payment of any part of the bonded indebtedness of the district from which it was detached. (Atty. Gen. Ops., 1903-04, p. 272.) Section 44. May refund A district may refund previous valid bond indebtedness by issuing new bonds and after selling the same for par, pay off the old indebtedness with the proceeds. (Atty. Gen. Ops., 1911- 12, p. 307.) Section 45. May take up former issue A valid bond indebtedness may be refunded by issuing new bonds, and it is not necessary to hold an election for the pur- pose of taking up bonds of a former issue. (Atty. Gen. Ops., 1911-12, p. 307.) Section 46. Rate of interest Bonds shall not bear a higher rate of interest than six per cent., and a district can not directly or indirectly pay more. (Atty. Gen. Ops., 1903-04, p. 96.) Section 47. Permanent school fund may be invested in The State Constitution makes it permissible to invest the permanent school fund in school district bonds. It is suggested that any school board interested in the sale of bonds communi- cate with the State Board of Finance, in care of the State Auditor, concerning the details. (Supt. Pub. Instr., March 17, 1916.) Section. 48. Selling to state, advantages A school district, in selling bonds to the state, is not sub- jected to any charge for the inspection of the transcript by the Attorney General, nor for the bonds which are furnished by the state. Also, the state gives rather attractive terms to districts, in that they are privileged to pay any or all of the principal any time after the first year. (Supt. Pub. Instr., April 7, 1915. ) Relating to School Matters 15 Section 49. Valid, renumbering district A bond election is valid even though the superintendent did not renumber the district until after the election. (Atty. Gen., July 18, 1911.) Section 50. Validity not affected by subsequent action The validity of bonds issued and sold for the purpose of pur- chasing a school site specifically referred to in the proposition to bond that was submitted to the voters, can in no way be af- fected by the subsequent action of the officers or electors of the district. (Atty. Gen. Ops., 1913-14, p. 11.) CERTIFICATION Section 51. Accrediting institutions It is necessary that the institutions of other states make formal application to the State Board of Education to be placed upon the accredited list before their graduates can receive cer- tificates upon their diplomas. (Supt. Pub. Instr.. April 14, 1916.) Section 52. Accrediting of state certificates The accrediting of a state certificate from any state other than Washington shall date from the time of accrediting, the burden of proof resting upon the candidate to show that prior to that date the paper was of equal value. (State Board. Feb.. 1914.) Section 53. Adding experience credits In adding experience credits necessary for the issuance of a certificate, a recommendation from a city or county superin- tendent who has inspected the work of the applicant must be submitted. (Supt. Pub. Instr., Feb. 10, 1914.) Section 54. Attendance must be subsequent, when In order to secure a second grade certificate, based upon a third grade certificate, phis attendance at an institution of higher education, as provided by subdivision 1, sec. 825, Code of Pub. Instr., such attendance must be subsequent to the earn- ing of such third grade certificate, and attendance prior to the 16 Digest of Opinions and Rulings time the certificate was earned can not be counted. (Supt. Pub. Instr., March 3, 1913.) Section 55. Elementary and secondary normal school certificates Elementary normal school certificates and secondary normal school certificates are to be issued when all the conditions gov- erning their issuance, as specified in sec. 57, Code of Pub. Instr., 1913, are complied with. They should be dated at the time they are issued, i. e., at the time when all conditions are complied with, and are valid for the full time specified in the law from the date of issuance. (Supt. Pub. Instr., Jan. 13, 1915.) Section 56. Examinations, where held The law provides that teachers' examinations shall be held at the county seat of each county, and the Superintendent of Public Instruction has no authority to change the place for holding the same. (Supt. Pub. Instr., Feb. 15, 1916.) Section 57. Examination papers kept on file Teachers' examination papers which are sent to this office must be kept on file for sixty (60) days, at the expiration of which time they are destroyed. Any one wishing to do so may examine such papers at this office any time during the said sixty- day period. (Supt. Pub. Instr., Nov. 3, 1913.) Section 58. Experience, gained in night schools For the purpose of certification, teaching in a public night school would count for experience, one night's teaching being counted as one-half day. In other words, eighteen months' teaching in night school would count the same as nine months' experience. (Supt. Pub. Instr., March 12, 1914.) Section 59. Superintending to count as teaching It has been the custom to consider the work of superintend- ing schools equivalent to teaching in reckoning months of ex- perience for the purpose of certification. (Supt. Pub. Instr., May 5, 1913.) Relating to School Matters 17 Section 60. Expired certificates It is not permissible for this office to renew a certificate that has expired. (Supt. Pub. Instr., May 28, 1913.) Section 61. Grades of 90 not held over on elementary The holder of an elementary normal school certificate is not entitled to the privilege granted by sec. 316, Code of Pub. Instr., 1913, although otherwise qualified, and can not receive credit for subjects in which grades of ninety (90) per cent, or over were received at the last preceding examination. (Attv. Gen. Ops., 1913-14, p. 162.) Section 62. Grades of 90 useless unless certificate is secured Unless an applicant receives at least a third grade certificate he is not entitled to hold grades of ninety (90) or over and re- ceive credit for them towards the securing of a certificate at a later examination. (Supt. Pub. Instr., Aug. 12, 1913.) Section 63. Grades of 90 on expired certificate A teacher who is not legally qualified to teach in the public schools of this state because of the expiration of her teacher's certificate, and who engages in the practice of teaching in a public school of this state, and asks that credits of ninety (90) per cent, held on the expired certificate be credited for the issu- ance of a new certificate, can not be considered as having been "actively engaged in educational work" within the meaning of sec. 316, Code of Pub. Instr., 1913, so as to be entitled to the privileges of said section. (Atty. Gen. Ops., 1913-14, p. 497.) Section 64. Special, authorizes to teach only special subject A special certificate authorizing the holder to teach manual training in the common schools of this state does not entitle him to teach any subject other than that which is specified in the certificate. (Supt. Pub. Instr., Jan. 19, 1915.) Section 65. Life certificate, experience, where gained The holder of a first grade certificate in applying for a life certificate need not have all the required 27 months' experience in this state upon the first grade certificate, but may use ex- 18 Digest of Opinions and Rulings perience gained in this state while holding any grade or kind of certificate. (Supt. Pub. Instr., Jan. 5, 1914.) Section 66. May not teach until notified of result of examination That part of sec. 322, Code of Pub. Instr., 1913, which pro- vides "That any person taking any examination shall be au- thorized to teach until notified of the result of such examina- tion," was repealed by chapter 162, Laws of 1915. (Supt. Pub. Instr., April 12, 1916.) Section 67. Manual training teachers, special certificates Persons who are qualified to teach manual training can se- cure a special certificate from the county superintendent of schools without taking an examination. (Supt. Pub. Instr., April 6, 1915.) Section 68. Music required subject, when A holder of a second grade certificate who is an applicant for a first grade certificate, expecting to use his grades of ninety (90) or over, held on such second grade certificate, is re- quired to take an examination in music if his second grade cer- tificate was issued at a time when music was not a required sub- ject. (Supt. Pub. Instr., June 6, 1913.) Section 69. Normal school certificates There is no provision made for the renewal of normal school certificates. (Supt. Pub. Instr., Feb. 18, 1913.) Section 70. Normal school credits Grades earned at a normal school cannot be applied to a state certificate. The same is true of high school grades. (Supt. Pub. Instr., Jan. 8, 1913.) Section 71. Normal diploma, requirements Graduation from the University of Washington, or from the Washington State College, is required of all those who receive a normal diploma under the provisions of subdivision 3, sec. 1.8, or sec. 43, Code of Pub. Instr., 1913. (Supt. Pub. Instr., June 3, 1914.) Relating to School Matters 1!) Section 72. Penmanship NO particular style of penmanship is used a- a basis in grading teacher's examination manuscripts in thai subject. (Supt. Pub. Instr., July 7, 1913.) Section 73. Post graduate work No post graduate work is required for the certification of teachers in high schools of this state. (Supt. Pub. Instr., March 20, 1915.) Section 74. Grade of principal's certificate There are no conditions imposed by law as to the grade of certificate which should be held by the principal of a graded school. (Supt. Pub. Instr.. Feb. 2, 1914.) Section 75. Professional credits required The law regarding the certification of graduates of accred- ited colleges holding the degree of A. B. or B. S., was amended by chapter 161, Taws of 1915, so that such graduates are now required to present evidence of having completed twelve semes ter hours in professional study in accredited institutions, or else p.i^s examinations in professional subjects before they are granted a certificate. (Supt. Pub. Instr., March 20, 1915.) Section 76. Renewals, statement of principal An application for the renewal of a second grade certificate, basjed upon attendance at an accredited summer school, should be accompanied by ;i statement of the principal of the school to the effect that satisfactory work has been done in three subjects. (Supt. Pub. Instr., Feb. 21, 1918.) Section 77. Renewals, statement of superintendent An application for the renewal of a second grade certificate, based upon 16 months' successful teaching since the issuance of the certificate, should be accompanied by a statement of a city or county superintendent to the effect that applicant's work has been successful. (Supt. Pub. Instr.. April 18, 1916.) 20 Digest of Opinions and Rulings Section 78. Renewals, applications for, how made In order to have a certificate renewed, it is necessary to make application on the proper blank (Form No. 74) through some county superintendent of this state, preferably through the superintendent in whose county the original was secured. (Supt. of Pub. Instr., July 19, 1913.) Section 79. Renewals, experience, where gained A teacher may have her second grade certificate renewed upon the presentation of satisfactory evidence of sixteen months' successful teaching during the life of said certificate, regardless of the state in which she has taught. (Supt. Pub. Instr., Nov. 11, 1913.) Section 80. Renewals, unlimited A second grade certificate is renewable any number of times, provided the regulations are complied with. (Supt. Pub. Instr., April 2, 1913.) Section 81. First grade, required subjects, options In addition to the subjects required for a second grade cer- tificate, applicants for a first grade certificate may take an ex- amination in any four of the following subjects: Physics, Lit- erature, Algebra, Physical Geography, Botany, and Psychology, but they are not permitted to substitute any other subjects for those enumerated above. (Supt. Pub. Instr., April 9, 1913.) Section 82. Revoked, when A teacher's certificate may be revoked in case she resigns, unless such resignation is satisfactory to the board of directors of the district. (Supt. Pub. Instr., Jan. 16, 1915.) Section 83. Secondary schools not accredited No secondary schools are accredited for the purpose of cer- tification in this state. Normal schools and normal departments offering work in advance of high schools are accredited, and the graduates from such institutions are permitted to teach without examination. Among these institutions are both the state nor- mal schools and normal departments in various private schools, Relating to School Matters 21 both Protestant and Catholic. However, they must all be of normal school rank. (Supt. Pub. Instr., March 4, 1915.) Section 84. Approval of special unnecessary The approval of the state department is not necessary in the issuance of special certificates. (Supt. Pub. Instr., April 28, 1913.) Section 85. Special for commercial work A teacher holding a special certificate for commercial work has a rig-lit to teach all branches included in our commercial high school course of study. (Supt. Pub. Instr., June 14, 1915.) Section 86. Special not needed, when When a teacher holds a certificate valid in this state cover- ing the academic subjects, a special certificate is not needed to entitle the holder to teach any special subject. (Supt. Pub. Instr., Feb. 18, 1916.) Section 87. Special schools not accredited For the purpose of certification, the State Board of Educa- tion does not accredit schools designed to give special courses only. (Supt. Pub. Instr., Dec. 14, 1914.) Section 88. Summer school subjects optional It is optional with the holder of a second grade certificate as to what subjects he shall take at an accredited summer school which he attends for the purpose of renewing such certificate. (Supt. Pub. Instr., Feb. 21, 1913.) Section 89. University life diploma, experience, how gained Construing subdivision 3, sec. 18, Code of Pub. Instr., 1913, in the absence of any by-law to the contrary, University life diplomas may be granted to candidates meeting the requirements for the issuance of normal diplomas, provided they meet the additional requirement of experience. The statute is silent as to whether or not this experience must be secured upon the nor- mal diploma, and therefore constitutes a general provision. It would seem to be within the power of the board of regents or of 22 Digest of Opinions and Ridings the faculty, to define the term "candidates" in the clause "and to grant University life diplomas to candidates who shall give satisfactory evidence of having taught successfully for twenty- four months," so that persons may be regarded as candidates for the life diploma only upon having taught twenty-four months on the normal diploma. (Supt. Pub. Instr., June 3, 1914.) Section 90. University life diploma, experience, where gained The Code of Pub. Instr. is silent with regard to the par- ticular kind of teaching experience that is required of a candi- date for a University life diploma, as provided for in subdivi- sion 3, sec. 18, Code of Pub. Instr., 1913, and, so long as the general provision in the statute is not limited by any by-law, satisfactory evidence of successful teaching in any institution must be accepted. (Supt. Pub. Instr., June 3, 1914.) Section 91. Valid, where There is no line of demarcation between the fields in which the certificates issued by the Department of Education are valid, so that in the certification of a teacher there is no difference between the legal requirements for those teachers in county schools, graded schools, or high schools. (Supt. Pub. Instr., March 20, 1915.) CLERK Section 92. Must take census Sec. 223, Code of Pub. Instr., 1913, makes it the duty of the clerks of the school district to take a census of all the chil- dren of school age in his district. This same law provides that the parents certify to the correctness of the report so far as it affects their children. (Supt. Pub. Instr., March 17, 1916.) Section 93. Paid out of public funds A clerk of a district can be paid out of the public funds, and it is entirely legal to pay a clerk a stated salary per month. He is the only officer on the board who can be paid out of school funds. (Supt. Pub. Instr., Dec. 9, 1914.) Relating to School Matters ■'.'■'> COMMUNITY HALLS Section 94. Control of A building erected with school district funds, which is to be used for the purpose of a community assembly hall, is under the supervision of the board of school director^, who have full authority to determine what use may be made of such hall. (Supt. Pub. Instr., Jan. IT, 1916.) Section 95. Control of, when built by popular subscription Wlicic a community hall is built so as to form a part of a school house, or is built on the school grounds, it is under tin- supervision and control of the board of school directors, and they shall decide to what uses such hall may be put, even though such hall be built wholly or in part by popular subscription or donation. (Supt. Pub. Instr., March 2, 1916.) COMPULSORY ATTENDANCE Section 96. Private instruction The county superintendent of schools has the right to de- termine what kind of private instruction meets the requirement > so as to excuse a child from attendance at public school under the compulsory attendance law (sec. 392, Code of Pub. Instr.. 1913.) (Supt. Pub. Instr., Feb. 25, 1915.) Section 97. County superintendent to investigate cases of truancy A child who is kept out of school by a parent should be re- ported for non-attendance. The mere fact that a parent sav> that the child is being instructed at home will not meet the re- quirements of the law. The county superintendent of schools should be notified so that he may investigate the case. (Supt. Pub. Instr., April 7, 1915.) Section 98. Complaining officer In an action to enforce the compulsory attendance law in third class districts, the county superintendent of schools is tin proper person to make the complaint. (Supt. Pub. Instr., Feb. 26, 1916.) 24 Digest of Opinions and Rulings Section 99. Lack of drinking water no excuse There is no provision in the Code of Public Instruction ex- cusing children from attending school because the school is not supplied with drinking water. (Supt. Pub. Instr., March 12, 1914.) Section 100. Lack of transportation no excuse Parents have no authority in law for electing to keep their children at home because transportation does not happen to be furnished (sec. 392, Code of Pub. Instr., 1913). Supt. Pub. Instr., March 22, 1916.) Section 101. Attendance and transportation The matter of compulsory attendance is not affected by the fact that a child happens to reside two miles or more from a school house. The statutory provision relative to transportation (subdivision 11, 163, Code of Pub. Instr., 1913) has no rela- tion to the provision dealing with compulsory attendance (sec. 392. Code of Pub. Instr., 1913). (Supt. Pub. Instr., March 28, 1916.) Section 102. In other districts A child can not be compelled, under sec. 392, Code of Pub. Instr., 1913, to attend school in a district other than the one in which he resides. (Supt. Pub. Instr., March 17, 1916.) Section 103. Truant officer, who may be It would seem that the language, "any attendance officer may be a sheriff, constable, a city marshal, or a regularly ap- pointed policeman," does not mean that the attendance officer must necessarily be a sheriff, constable or other officer named therein. We do not consider the word "may" as mandatory or even directory, but simply as permissive, and it is the opinion of this office that the attendance officer need not be a sheriff, constable, a city marshal or policeman, but that any of such officers may be appointed as an attendance officer in the dis- cretion of the board of directors in incorporated city districts. (Atty. Gen. Ops., 1909-10, p. 187.) Relating to School Matters 25 CONSOLIDATION Section 104. Bonus, entitled to, when A school district may be consolidated with a consolidated district and the new district will be credited with two thousand days' attendance. (Atty. Gen. Ops., 1913-14, p. 82.) Section 105. Bonus, lost when joint district is formed Where a consolidated district in one county is joined with a district in another county, forming a joint district, it lo its bonus as a consolidated district. (Atty. Gen., Nov. L2, 1915.) Section 106. Cities may not form Two cities which are adjacent, each embraced in a school district, can not unite and form a consolidated district without the consolidation of the cities. (Atty. Gen. Ops., 1905-06, p. 202.) Section 107. Where formed A consolidated district can not be formed of districts lying in two or more counties. (Atty. Gen. Ops., 1905-06, p. 135.) Section 108. Appeal In the formation of a consolidated district the component districts maintain their existence for the purpose of appeal un- til the time for taking the appeal has expired. (Atty. Gen. Ops., 1905-06, p. 345.) Section 109. Liabilities, payment of When two or more districts have been consolidated, each original district retains its corporate existence until its liabili- ties arc paid so that the new district will not need to pay any of the old indebtedness. (Supt. Pub. Instr., March 24, 1915.) Section 110. Directors' districts In the division of a consolidated district into directors' dis- tricts, as provided for in sec. 2, chapter 182, Laws of 1915, the county superintendent of schools has full authority to make such division and must use his judgment as to what division to make. (Supt. Pub. Instr., Feb. 7, 1916.) 26 Digest of Opinions and Ridings Section 111. Directors' districts not required, when Section 2, chapter 182, Laws of 1915, requiring the division of a consolidated district into directors' districts, does not apply to districts formed by consolidation and in existence at the time the act was passed. (Atty. Gen., Jan. 31, 1916.) Section 112. Head of family, who is Any person who is actually the head of a family ; that is, who is under legal obligations to provide for the support and education of persons dependent upon him, and who is in fact providing for their education and support, is the head of a fam- ily for the purpose of signing petitions relating to school mat- ters, whether he is a legal voter or not. Any person who is not the head of a family within the definition given above is not qualified to sign such petition, though he be a legal voter. (Atty. Gen. Ops., 1891-92, p. 162.) Section 113. Vote necessary to select site If two school districts, each having a school house, are con- solidated and it is proposed to establish a school house site for the consolidated district, only a majority vote is required. (Atty. Gen. Ops., 1905-06, p. 28.) Section 114. Petition, requirements of The petition for the formation of a consolidated school dis- trict need not be signed by the heads of families in each and every district which it is proposed to include in the consolidated district, but only by five heads of families residing in the sev- eral districts which it is proposed to include in the consolidated district. (Atty. Gen. Ops., 1903-04, p. 196.) CONTRACTS Section 115. Binding, when A contract signed by two members of a school board is bind- ing in the event that there is no third member. (Supt. Pub. Instr., Nov. 22, 1915.) Section 116. With wife, illegal A contract made by a county officer with his wife is a con- tract for the benefit of the community, and is therefore in vio- Relating to School Matters lation of sec. 2834, Rem. & Bal. Code. (Atty. Gen. Ops., 1918- 14, p. 130.) Section 117. Compromise with teacher, unauthorized Where a teacher has entered upon bhe performance of her contract to teach for a certain term, and, after such term Is begun, all the pupils comprising the school move from the dis- trict, the hoard of directors would have no authority to enter into a compromise to pay the teacher or is>ue a warrant for the full time- of her contract without her attempting to perform. (Atty. Gen., Nov. 20, 1913.) Section 118. Holidays included in Contracts can not he legally drawn so that the district shall not he liable for the teacher's salary for holidays. (Atty- Gen., May 20, 1913.) Section 119. Transportation The husband of one of the school directors may not be legally employed to furnish transportation for the pupils of the dis- trict. (Supt. Pub. Instr., March 8, 1916.) Section 120. Mother of director The mother of a school director is not considered dependent upon him, and therefore it can not be said that he has any pecuniary interest in a contract between her and the school board so as to make the contract illegal. (Supt. Pub. Instr., Nov. 22, 1915.) Section 121. Need not specify assignment It is not compulsory to include in a teacher's contract the specific assignment of work for the teacher. All that Is neces- sary is to indicate whether or not the person is to teach in the grades or in a high school, or whether the person is to be a principal. (Supt. Pub. Instr., Aug. 12, 191-1.) Section 122. School law part of After entering into a contract with a teacher for a definite time, a school district would be justified in discharging >aid teacher when it appears that there are no children in the dis- trict, as the school laws of the state necessarily enter into and 28 Digest of Opinions and Ridings become a part of the contract of every teacher. And the pro- visions of sec. 163, Code of Pub. Instr., 1913, are broad enough to make it the duty of the directors to discharge a teacher when there are no children in the district. (Atty. Gen., Nov. 20, 1913.) Section 123. Term of teachers While the law permits the election of a superintendent or principal in certain cases for a longer period than one year, a teacher may be elected for one year only. (Supt. Pub. Instr., March 26, 1914.) Section 124. Teacher may legally contract, when A teacher who holds a renewable certificate may legally con- tract to teach a term of school, even though his certificate would expire before the end of the term, since the certificate may be renewed at its expiration and thereby kept in force. (Supt. Pub. Instr., Jan. 16, 1913.) Section 125. Violation of, penalty A teacher who has signed a contract to teach a given num- ber of months has no right to resign to accept another position. He must fulfill his contract ; otherwise the school board have a right to prefer charges against him for the violation of his written contract, for which offense his certificate may be re- voked. (Supt. Pub. Instr., Jan. 18, 1916.) Section 126. Water carrying A teacher who contracts to do the janitor work can not be held to have contracted to furnish or carry water when there is no water supply on the school grounds. If it is desired to have the teacher perform such services, a stipulation to that effect should be included in the contract. (Supt. Pub. Instr., March 29, 1916.) COUNTY SUPERINTENDENT Section 127. Answers not to be made public County superintendents and boards of examiners shall not make public any answer given in an eighth grade or teachers' examination. (State Board, Feb. 9, 1914.) Relating to School Matters 29 Section 128. Apportions indebtedness, when In a case where one school district is discontinued -11111 its territory added to another district, and the enlarged district votes a bond issue for the purpose of building a school house, and later the district that was discontinued desires to become re-established as a district, the county superintendent shall ap- portion the indebtedness between the districts, and such appor- tionment shall be binding upon the districts, unless appealed from. (Atty. Gen., April 20, 1914.) Section 129. Must approve teachers' contracts, when A county superintendent of schools has no authority to re- fuse to approve a contract entered into between a school dis trict and a teacher on the ground that the teacher is guilty of conduct which could be made the basis of the revocation of the latter's certificate, although no proceedings have been instituted to revoke the certificate. (Atty. Gen. Ops., 1913-14, p. 149.) Section 130. Approval relates to form only The duty of the county superintendent of schools in ap- proving a contract, within the meaning of sees. 163 and 157, Code of Pub. Instr., 1913, is merely to approve the form of con- tract, which would include passing upon such questions as to whether the contract is for a greater length of time than that prescribed by law, whether the teacher has a certificate to teach, etc. (Atty. Gen. Ops., 1913-14, p. 149.) Section 131. Approval, meaning of The fact that the county superintendent has approved a contract does not necessarily mean that the county superintend- ent has approved the action of the school board in appointing any particular teacher. (Atty. Gen. Ops., 1913-14. p. 149.) Section 132. Plans and specifications A county school superintendent has no authority to refuse approval of plans and specifications for the reason that the site upon which a school building or buildings are to be constructed does not meet with his approval. (Atty. Gen. Ops., 1907-08, p. 521.) 80 Digest of Opinions and Hidings Section 133. Defective youth, duties in connection with Section 82, Code of Pub. Instr., 1913, provides that all ap- plications for admission of defective youth under twenty-one years of age, except those committed by the juvenile court, shall be made through the county superintendent of schools, who are required to keep a record of such and certify to the county commissioners all applications that are accepted by the super- intendent of the State School and Colony. (Supt. Pub. Instr., April 13, 1916.) Section 134. Circulars of information The county superintendent is the proper person to deter- mine the necessity for issuing any circular of information per- taining to the schools of his county. (Atty. Gen. Ops., 1901- 02, p. 304.) Section 135. Forming new district, may alter boundaries When a petition is presented to a county superintendent praying for the organization of a new school district, he may, after he has heard all the evidence presented by the parties interested, exercise his judgment, within reasonable limits, in the organization of such new district and the fixing of its bound- aries, and in so doing he may correct any mistakes that may have been made in the description given in the petition, and in a proper case modify the boundaries described therein. (Atty. Gen. Ops., 1891-92, p. 196.) Section 136. Forming new district, wide discretion in The county superintendent of schools has a wide discretion as to whether or not a new district shall be formed, what its boundaries shall be, etc. (sees. 108 and 109, Code of Pub. Instr., 1913, and notes thereto). However, should the parties inter- ested feel that there has been an abuse of discretion on the part of the county superintendent of schools, an appeal may be taken to the board of county commissioners (sees. 384 to 391, inclusive, Code of Pub. Instr., 1913). (Supt. Pub. Instr.. March 28, 1916.) Relating to School Matters 31 Section 137. May declare vacancies When a school director is absent from the district for a period of ninety (90) days, or fails to attend four consecutive meetings of the board without a reasonable excuse, the county superintendent of schools has power to declare the office vacant and appoint a new director in his place. (Supt. Pub. [nstr., Feb. 28, 1914.) Section 138. May stop payment of warrants, when County superintendents hive power to institute proceedings to stop the payment of warrants issued without authority of law. (Atty. Gen. Ops., 1903-04, p. 171.) Section 139. Must furnish record books to directors Under subdivision 19, sec. 157, Code of Pub. Instr., 1913, a county superintendent of schools is required to furnish regis- ters and clerks' record books to all districts upon requisition of the school district clerk, and such books must be furnished with- out demanding cash in advance, as the section of the statute referred to provides a way of collecting from the district for the same. (Supt. Tub. Instr., Sept. 28, 1915.) Section 140. Not disqualified by expiration of certificate If a county superintendent who, at the time of his election. is the holder of such a certificate as is required bv law as a con- dition of eligibility to that office, fails to have it renewed or fails to obtain a new one at the time of the expiration of the old one; or, if his certificate should be revoked, it does not dis- qualify him from holding his office during the period for which he was elected. (Atty. Gen. Ops., 1905-06, p. 337.) Section 141. Reports, may call for The county superintendent of schools has the right to call for a quarterly report, or any other report, from districts of the second class. (Supt. Pub. Instr., dan. 15, 1915.) Section 142. Reports, required to make County superintendents shall furnish to the Superintendent of Public Instruction all information specifically required by 32 Digest of Opinions and Rulings law, and such other information as the Superintendent of Public Instruction may desire in the administration of his office, such information to be of such a character as the county superin- tendent possesses or as he can reasonably obtain. For a per- sistent refusal to furnish such information, he may be removed from his office. In turn, school district clerks shall furnish to the county superintendent all information required by law, and for a persistent refusal to do so they may be removed from office. (Atty. Gen. Ops., 1899-1900, p. 82.) Section 143. Transferring territory, may use discretion A county superintendent, when presented with a petition re- questing the transfer of territory from one school district to another, has the authority to transfer less territory than pre- scribed in the petition. He may correct mistakes, modify the boundaries, and eliminate a part of the territory which the peti- tion proposes to transfer. If in doing so he acts unwisely, or is guilty of an abuse of discretion, the statute (sees. 384 to 391 inclusive, Code of Pub. Instr., 1913) provides a method of correcting such errors. (Atty. Gen. Ops., 1913-14, p. 223.) DANCING Section 144. May be permitted in school buildings Dancing is a form of recreation ; and since the law does not limit the use of the school property to any paprticular kind of recreation, we conclude that the school property may be used for dancing. (Atty. Gen. Ops., 1913-14, p. 296.) Section 145. Not obliged to permit The holding of the attorney general's office that directors could permit dancing in school houses is not to be understood that directors are obliged to permit dancing, but they are au- thorized to exercise their own discretion in such matters. (Atty. Gen., Jan. 28, 1914.) Section 146. Not converted into dance house The use of a school house for dancing purposes would not convert the school house into a dance house so as to bring it Relating to School Matters :5:5 within the provisions of the criminal code. (Atty. Gen., Jan. 28, 191 I.) Section 147. Should not be permitted, when The school directors have full authority regarding the use of the school buildings, and, under a ruling of the Atton General, dancing was included as a form of recreation which might be allowed in a school house However, I think it un- wise for a hoard of directors to allow dancing if the patrons of the district object. (Supt. Pub. Instr., Feb. 25, 1915.) DEPORTMENT Section 148. Percentages unnecessary The rules of the State Hoard of Education do not require that the deportment of pupils be kept by percentages. (Supt. Pub. Instr., Aug. 28, 1913.) DEPUTY COUNTY SUPERINTENDENT Section 149. Qualifies, how A deputy county superintendent should qualify in the same manner as a county superintendent. (Supt. Pub. Instr., Dec. 27, 1915.) DETENTION Section 150. Not longer than forty minutes Pupils may not he detained longer than forty minute- after the regular time of dismissal (see Rules and Regulations by State Hoard of Education, page 260, Code of Huh. Instr., 1913). The foregoing rule applies to high school students as well as to pupils in the graded schools. (Supt. Huh. Instr., Aug. 28, 1913.) DIRECTORS Section 151. Compensation, may not receive Directors can not receive any compensation for services rendered in the construction or repairing of school property. (Atty. Gen. Ops., 1911-12, p. 27.) 34 Digest of Opinions and Ridings Section 152. Determine duties of teachers School directors have the right to decide what duties shall be required of a teacher during the noon hour. It is considered advisable to have one teacher on the school grounds, or close at hand, during the noon hour. (Supt. Pub. Instr., March 15, 1915.) Section 153. Determine grades to be taught in union high schools The directors of a union high school district, and not the State Board of Education or the State Superintendent of Pub- lic Instruction, shall determine what grade or grades above the grammar grades shall be maintained and pursued in such schools. (Atty. Gen., Oct. 13, 1914.) Section 154. Determine grades in third class districts In districts of the third class, the matter of establishment of grades is vested in the board of directors, and they are the board who determine what grades shall be maintained. (Atty. Gen. Ops., 1913-14, p. 551.) Section 155. High school subjects, not required, when A board of directors in a school district employing not more than one teacher can not be required to institute a high school or have high school studies taught in their district. (Atty. Gen. Ops., 1901-02, p. 220.) Section 156. Fix hour of beginning school day No definite provision is made by law setting the exact hour for the beginning or ending of the school' day. Evidently, it is the intent of the law to leave this matter to be fixed by the local school board. (Supt. Pub. Instr., July 19, 1915.) Section 157. Hold office, until when Where an election for school directors is declared illegal, the old directors, whose place was to have been filled, should hold office until a vacancy has been declared and his successor has Ix en chosen or appointed, and such successor has qualified. (Supt. Pub. Instr., March 31, 1916.) Relating to School Mutters 35 Section 158. Mandamused, when A school board who fails to provide adequate school facili- ties for twelve or fifteen school children, should be mandamused and required to show cause why they should not make provision for educating such a number of school children. (Supt. Pub. Instr., May 28, 1915.) Section 159. May exclude children under six years of age A hoard of school directors has authority to make a by-law refusing to admit children of six years of age to the public schools at any other time than the commencement of a term. Such a by-law is not inconsistent with the section of the Code of Public Instruction which admits to attendance all children hetween ages of six and twenty-one years residing in the school district. (Atty. (Jen. Ops., 1901-02, p. 14.) Section 160. May not admit children under six years of age While a school hoard has the right to make a by-law refus- ing to admit children of six years of age to the public schools at any other time than the commencement of a term, a board does not have the right to make a by-law permitting children who are under six years of age at the beginning of a term to be admitted to school, even though such children may become six years of age during the school term, as subdivision (j. sec. 163, Code of Pub. Instr., 191.'}. clearly states that the board of directors "shall exclude from school all children under six years of age." (Supt. Pub. Instr.. Oct. 5, 1915.) Section 161. Meetings of, must be held, when The directors of a second class district must hold their regu- lar meetings on the first Friday of each month, and they can not comply with the law by holding their regular meetings on any other day in the month. (Supt. Tub. [nstr., April 14. 1916.) Section 162. Number of schools, optional The maintenance of more than one school in a third class district is entirely optional with the board of school director- of such district. (Supt. Pub. Instr., March 12, 1914.) :3(i Digest of Opinions and Hillings Section 163. May be county commissioner There is nothing in the statutes that would prevent a school director from serving on the hoard of county commissioners. (Supt. Pub. Instr., March 17, 1915.) Section 164. Must be citizen of United States A school director, in addition to the qualifications specified iu sec. 162. Code of Pub. Iustr., 1913, must he a citizen of the United States. (Atty. Gen., May 5, 1916.) Section 165. Two members of same family may be There is nothing in the law which would prohibit two mem- bers of the same family from serving as school directors in the same district. (Supt. Pub. Iustr., Feb. 2, 1914.) Section 166. Records, must be kept School boards keep a record of their proceedings, and this is inspected from time to time by the State Bureau of Inspec- tion, and is also open to the public, but it is not mandatory that these be published. (Supt. Pub. Instr., Dec. 1, 1914.) Section 167. Resignation of It is not necessary, in order to validate the resignation of a school director, to have such resignation acted upon at a meet- ing of the board of directors. (Supt. Pub. Instr., May 1, 1915.) Section 168. Superintendent, must select, when The directors in school districts which maintain school in two or more buildings are required to elect a superintendent in accordance with the provisions of sec. 216, Code of Pub. Instr. (Supt. Pub. Instr., April 21, 1916.) Section 169. Supplies, may not furnish It is unlawful for a director to furnish supplies of any na- ture to the district. (Atty. Gen. Ops., 1911-12, p. 27.) Section 170. Supplies, purchase of from instructor While the purchase of supplies from an instructor is not directly prohibited by statute, the practice should be discour- aged, for the reason that more or less of a fiduciary relationship exists between the board and an instructor, and therefore the Relating to School Mutters .',' whole transaction would be subject to the criticism thai the hoard had been induced to purchase the supplies on the recom- mendation of the instructor. In case the hoard doc-, purchase supplies from an instructor, the reason l'<>r such purchase should be clearly stated in the minutes of the board, so that all parties to the transaction may be protected. (Atty. Gen. Ops.. 1911- 12, p. 27.) Section 171. Teachers, power to select The power to select a teacher rots with the school director-. If, therefore, two members of the hoard refuse to sign a contract with a teacher, such person is not selected as a teacher, nor can the directors be forced to sign a contract with any par- ticular person. (Supt. Pub. [nstr., Feb. 17. 11)14.) Section 172. Tie vote In matters within the power of the hoard of directors' of a union high school district, there is no authority given the county superintendent of schools, or the Superintendent of Public In- struction, to cast a deciding vote in cast' of a tie. (Supt. Pub. [nstr., dune 16, 1914.) DISTRICTS Section 173. Applicability of general law to Tlie general school law applies to all districts in the state. hut there are special provisions relating to the districts of the first class, which include all cities of ten thousand inhabitants or more. (Supt. Pub. Instr., .May 25, 1915.) Section 174. Attorney, may not employ School districts of the second and third class have no au- thority to employ an attorney other than the prosecuting at- torney. (Atty. Gen. Ops., 1909-10, p. 129.) Section 175. Defectives, schools for Only districts of the first clas> are empowered to establish schools for defective. (Supt. Tuh. Instr., Feb. 24. 191').) 38 Digest of Opinions and Hidings Section 176. Funds, division of In case of the formation of a new school district hy the divi- sion of an old district or districts, the basis of the division of the funds of the old district or districts should be the ratio of the number of school children in each district at the time of the formation of a new district. (Atty. Gen. Ops., 1901-02, p. 37.) Section 177. Joint districts Contiguous territory may be formed into a joint district although the territory is comprised of districts of different classes. (Atty. Gen. Ops., 1911-12, p. 208.) Section 178. Manner of forming Districts can not be formed out of an existing district in such a manner as to leave portions of the old district non-con- tiguous. (Atty. Gen. Ops., 1911-12, p. 130.) Section 179. Sinking fund of, not divided, when A county superintendent, in the event of the formation of a nvw school district, has no power or right to divide any sink- ing fund or special fund accumulated in the treasury of the old (divided) district for the payment of bonds that are not yet due. (Atty. Gen. Ops., 1901-02, p. 176.) Section 180. Tuition, may not pay A school district can not pay for instruction of its pupils in an adjoining district. (Atty. Gen. Ops., 1911-12, p. 100.) Section 181. Union high schools, counties A union high school district can not be formed by the union of school districts lying in different counties. (Atty. Gen. Ops., 1901-02, p. 10.) Section 182. Union high schools, may not be formed, when Where petitions for the formation of a union high school dis- trict, consisting of a certain number of adjacent or contiguous districts, the county superintendent of schools, on the presen- tation of such petition properly signed up by residents of a lesser number of the districts, would not be authorized to call an election in these latter districts on the forming of a union Relating to School Mutters :J9 high school district of the lesser aumber. ( Atty. Gren., Nov. 22, 1915.) Section 183. Union high schools, cities A union high school district can not be formed >o as to in- clude more than one incorporated city or town. (Atty. Gren., Feb. 8, 1915.) Section 184. Union high schools, number maintained After two districts have organized a union high school, only one .school can be maintained in which the high school grades are taught. (Atty. Gen., Feb. 27, 1911.) Section 185. Union high schools, withdrawal from, procedure Withdrawal from a union high school district, organized under laws which have since been superseded, must be according to the procedure outlined in existing statutes with reference to such withdrawal. (Atty. Gen., Aug. 10, 1915.) Section 186. Union high schools, withdrawal from, what law governs The law which went into effect June 10, 1913 (sec. 150, Code of Pub. Instr., 1918), governing the formation and with- drawal of union high school districts, is the statute in effect and if a union high school district is to be dissolved or some district wishes to withdraw under conditions named in the law. they must withdraw under the conditions named in said section of the Code of Public Instruction. (Supt. Pub. Instr., Mav 14. 1915.) Section 187. Vacations, length of All first class districts have twelve weeks' vacation. The only limitation on the maximum length of the school term is in first class districts. (Supt. Pub. Instr., June 3, 1915.) ELECTIONS Section 188. Ballots, not thrown out on account of form, when Section J34:>, Code of Pub. Instr., 1918, states, among other things, that "no ticket shall be rejected on account of form or mistake in the initials, or spelling of names, if the judges can determine to their satisfaction the person voted for and the 40 Digest of Opinions and Hidings office intended." In view of the provisions of the section cited above, the judges of a school election would not be warranted in throwing out a ballot because an "X" was not made in con- nection with a name when the name was written on the ballot. (Supt. Pub. Instr., March 17, 1916.) Section 189. Contest of A reference to sec. 4946, Rem. & Bal. Code, will show that flu' contest of an election must be begun within ten days after the person has been declared elected. (Supt. Pub. Instr., March 28, 1916.) Section 190. Eligibility of voters An alien who has taken out his first papers only is not en- titled to vote at a school election. To be eligible to vote at a school election one must be a citizen of the United States. (Supt. Pub. Instr., Feb. 24, 1915.) Section 191. More than one question may be submitted at Separate and distinct propositions may be submitted at one election, and on the same ballot, so long as the voter has the opportunity to express himself separately on each one. (Atty. Gen., May 29, 1911.) Section 192. Nominations, petitions unnecessary There is nothing in the statutes which requires that peti- tions shall be presented in nomination of candidates for positions on the school board in districts of the first class. (Supt. Pub. Instr., Oct. 26, 1914.) Section 193. Nominations, unnecessary, where It is not necessary to nominate candidates for school direc- tors in third class districts. (Supt. Pub. Instr., March 18, 1915.) Section 194. Notice of, duty of clerk The clerk of the school board is required to post notices of elections. It is not necessary for the board to order these no- tices, since that is a duty imposed upon the clerk by sec. 339, Code of Pub. Instr., 1913. (Supt. Pub. Instr., Feb. 18, 1914.) Relating to School Mutters 41 Section 195. Notice of, in first class districts In districts of the first class it Is necessary to have the notice of (lection for consolidation posted twenty ('.'<)) days before the election. (Alt v. Gen., Feb. 7, 1916.) Section 196. Petition, meaning of The word ••petition,'* as used in sec. 349, Code of Pub. [nstr., 1913, is not defined by law, and should therefore be un- derstood in its ordinary sense, carrying with it no peculiar characteristics, either as to form or subscribers. (Attv. Gen., Nov. 13, 1914.) Section 197. Petition, what force attaches to A petition presented to a hoard of directors regarding any matter which is wholly within the power of the board, lias only such force as the hoard chooses to attach to it. There are cer- tain powers granted to the school board on which the vote of the people is not required. These powers are specified in sec. 163. Code of Pub. Instr., 1913. Within the limit of the statute. the board has full power. However, the school board is a repre- sentative body, and. as a matter of public policy, should seek to carry out the will of the school district electors. (Supt. Pub. Instr., June 16, 1914.) Section 198. Polls, open, during what time The board of directors should designate the hours during which the polls are to be kept open at school elections, but if they fail to SO designate, the polls shall be opened at one o'clock p. in. and closed at eight o'clock p. m. (Supt. Pub. Instr.. Feb. IS, 1914.) Section 199. Registration unnecessary, where Registration is not a prerequisite to the right to vote at school elections in school districts of the second and third class. ( Attv. (Jen.. Feb. 1. 191(k) Section 200. Re-registration unnecessary, when Under chapter lb'. Laws 191.*). relative to registration of votes, a voter dulv registered and authorized to vote within a 42 Digest of Opinions and Rulings city which comprises a school district of the first class, may vote at school elections during the period of his valid registra- tion without re-registration. (Atty. Gen., Feb. 1, 1916.) Section 201. Register with secretary of board, when Voters residing in that part of a school district of the first class lying outside of the limits of an incorporated city must register with the secretary of the board of directors of such district in the same manner as was required prior to the passage of the 1915 act. (Atty. Gen., Feb. 1, 1916.) Section 202. Special, calling of optional, when There is no provision of the statute which requires the di- rectors of a school district to call a special election upon peti- tion of any number of the qualified electors of the district con- cerning the question of changing a school site, and it is dis- cretionary with the directors as to whether or not they shall call such an election. (Atty. Gen. Ops., 1913-14, p. 11.) Section 203. Special, on consolidation, when held In the matter of holding special elections for the purpose of consolidating tw T o or more districts, the statute intends that the election in each district be held on the same date, although the several districts vote separately upon the question of con- solidation. (Atty. Gen., Feb. 7, 1916.) Section 204. Special, procedure followed The directors present at any special meeting of their dis- trict are authorized to adopt any form of procedure relating to the casting and counting of votes cast on any question cov- ered by sec. 345, Code of Pub. Instr., 1913, but the voting must be by ballot, and the ballots must be of white paper and of uniform size and quality. (Atty. Gen. Ops., 1911-12, p. 102.) Section 205. Validity of, county superintendent I do not know of any law that authorizes the county super- intendent to set aside an election and appoint school officers in place of those certified to be elected by the election board. The Relating to School Matter* fc3 general law provides how elections may be contested, and thes< provisions in my opinion apply to school as well as to other officers. (Atty. Gen. Ops., 1911-12, p. 10.) Section 206. Validity of, who may inquire In case then- is a doubt as to the legality of a school elec- tion, the onlv authority that lias power to investigate and de- termine the validity of the election is the superior court for tin county in which the irregularities occurred. (Supt. Pub. Instr., March 13, 1914.) EIGHTH GRADE EXAMINATIONS AND DIPLOMAS Section 207. Cities submit examination questions Cities of 5,000 inhabitants and over, census 1910, .-ire re- quired to submit their final eighth grade examination questions to the office of the Superintendent of Public Instruction for ap- proval. (St. Bd., Feb. 10, 1914.) Section 208. Diploma issued, when Where examination questions have been approved by the State Department of Public Instruction, and the grades earned on such examinations have been certified to the state office, the Superintendent of Public Instruction shall issue to such pupils the regular eighth grade diploma. (St. Bd., Oct. 27, 1914.) Section 209. Examinations, who required to take All schools in cities having less than 5,000 inhabitants are required to take the state eighth grade examinations, and in such cases the papers are marked by the county board of edu- cation. (Supt. Pub. Instr.. March 18, 1914.) Section 210. Grades of 80 accepted, when Grades of eighty (^.. 1903- 04, p. 143.) Section 219. Directors may not employ dependent minors Directors can not employ their children as janitors, for the reason that in the employment of their children as janitors the directors would he. at leasl indirectly, interested in the con- tract. It is our intention in the above opinion to use the word "children" in the sense of a dependent minor as distinguished from a person who has readied the age of majority and i^ emancipated from the support of his parents. However, a con- tract of this kind is so close to the line that it can not he gov- erned by any hard and fast rule. The test to he applied i->: Does the particular transaction place the school director in a position whereby his individual interest is in opposition to his official duty? If it does, the transaction is void. (Atty. Gen. Ops., 1911-12, p. 108.) Section 220. Relatives, should not be employed While the employment of relatives by school directors is not expressly prohibited by statute when the directors have no interest in such employment, nevertheless the practice i-- con- trary to the spirit of the law and should be limited to cases of necessity. (Atty. Gen. Ops., 1D1 1 -12, p. 27.) Section 221. Teachers, relationship does not disqualify If a teacher is a mar relative of a member of the school district hoard, he is not by reason of such relationship alone rendered ineligible to election as a teacher in a school under tin.' management of such hoard of directors. (Atty. Gen. Ops., 1893-94, p. 3.) 46 Digest of Opinions and Hillings EXCUSES Section 222. Excusing to take music lessons The matter of excusing children from school for the pur- pose of taking music lessons falls within the jurisdiction of the city or county superintendent. (Supt. Pub. Instr., April 3, 1914.) Section 223. High school students must furnish The rule of the State Board of Education, requiring ex- cuses in person or by written note in case of absence, tardiness, or dismissal before the close of school, applies to high school students, as well as to pupils in the grades. (Supt. Pub. Instr., Aug. 28, 1913.) EXPENDITURES Section 224. Basket ball game, may not rent hall for There is no provision in the code which will directly or in- directly authorize the directors of a school district to expend the funds of the district for the rent of a hall for a basket ball game. (Atty. Gen. Ops., 1911-12, p. 272.) Section 225. Commencement exercises, expenses of, may not pay We are unable to find any provision in the school code which authorizes the funds of any school district to be expended for speakers, orchestra, decorations, and the rent of a hall or build- ing as part of the commencement exercises of the school; and since school directors only have such powers as are expressly given to them by the Legislature, we are of the opinion that school directors have no power to expend the funds of their re- spective districts for the purpose above mentioned. (Atty. Gen. Ops., 1911-12, p. 97.) Section 226. Commencement exercises, may rent hall for The rule of section 22J5 supra, has been modified to the extent of permitting directors to expend school funds for the rent of a hall in which to hold commencement exercises when the district has no suitable room or hall for such purposes. (Atty. Gen. Ops., 1913-14, p. 448.) Relating to School Matters Section 227. Debating team, expenses of A school board have no authority to expend the district's funds for the purpose of defraying the expenses of a debating team. (Supt. Pub. [nstr., .March 22, 1916.) Section 228. Digging well, may pay for, when A board of directors may expend the funds of a district for the purpose of digging a well when they have made provision for such expenditure in their annual budget. (Supt. Pub. [nstr., March 8, 1916.) Section 229. Dormitory, may not maintain A school district would have no authority to use its funds for the purpose of maintaining a dormitory for students in a high school. (Bureau of Insp., Aug. 18, 1915.) Section 230. General school fund, for what expended The general school fund of a school district may not be used for the purpose of building an addition to the school house, enlarging the school room, or building a permanent fence around the school grounds, as these expenditures do not come under the heads of "support" and "current expense." which are the only purposes for which such fund may be expended. (Bureau of Insp., July 1, 1914.) Section 231. Improvements and repairs, may make, when School directors may make repairs and improvements and pay for them out of the funds raised during the current year, but may not anticipate the taxes to be raised on the lew which is to be made in the following fall. (Atty. Gen., April 15, 1915.) Section 232. In excess of income, not allowed Sec. 170, Code of Pub. Instr., 1918, prohibits the incurring of indebtedness by school officials in excess ,,f the current rev- enues, and flu' county auditor is entirely within his riffhts when he refuses to countersign a warrant which is in excess of the current revenues. (Bureau of Insp., May 21, 1914.) 48 Digest of Opinions and Hillings Section 233. Itemized bills In all cases where the clerks purchase supplies they should procure itemized hills from the persons or corporations from whom the supplies were purchased, together with the usual cer- tificate attached that said supplies have been actually fur- nished. (Atty. Gen. Ops., 1911-12, p. 27.) Section 234. Lunches, may not provide School funds may not be expended for the purpose of fur- nishing lunches to school children. When lunches are desired they must be paid for by private funds, which funds must be handled and kept entirely separate from school moneys. (Bu- reau of Insp., April 27, 1916.) Section 235. Moving picture outfit, may buy A board of directors may use money from the general school fund for the purchase of a moving picture outfit for educational purposes only when such expenditure is. approved by the county superintendent of schools, as such an outfit would be classed under the head of "apparatus" as specified in sec. 214, Code of Pub. Instr., 1913. (Supt. Pub. Instr., July 10, 1915.) Section 236. Piano, may purchase, when — «• It is not necessary to have a vote of the people authorizing the purchase of a piano for a school house, unless the purchase of the piano would cause the district to exceed the probable in- come of the district for the current year, as specified in sec. 170, Code of Pub. Instr., 1913. (Supt. Pub. Instr., Jan. 19, 1915.) Section 237. Supplies, purchase of, approved procedure The practice which is in vogue in the best organized dis- tricts of the second class (and which is approved by this office), is to allow the superintendent authority for the purchase of current supplies up to a certain amount, either with or without the -O. K." of the district clerk. The bills should then be audited and passed upon by the board at its regular sessions. (Supt. Pub. Instr., Oct. 10, 1914.) Relating to School Matters ID Section 238. Teachers' cottages, how provided for Expenditures for the purpose of building teachers' cottaj shall be made from the same fund and in the same manner as if they were made for the purchase of sites or the construction of school buildings. In other words, the money musl be provided cither by estimate and tax levy, or by a bond issue. (Bureau of fnsp., May 9, 1914.) Section 239. Unauthorized, when Where the directors of ;i district have contracted for certain work to be done on a mw school house that they are building, without having funds with which to pay for the same, and no provision having been made to raise such funds, hut intend to sell the old school site to raise funds with which to pay these claims, such contract is unauthorized in law. The question of authorizing the sale of the old school site and the use of the funds derived therefrom to pay for the work on the new build- ing, should have been submitted to a vote of the people of the district before the bills were contracted. (Bureau of Insp.. Auo-. 30, 1913.) EXPENSES OF SCHOOL OFFICERS Section 240. County board of education entitled to hotel expenses The members of the county board of education are entitled to be repaid for their hotel expenses when compelled to remain away from home on the business of said board. (Attv. Gen. Ops., 1909-10, p. 216.) Section 241. County commissioners pass upon claims, when Sec. 8918, Rem. & Hal. Code, confers upon the county com- missioners the exclusive authority to pass upon thi' claims for expenses of a county superintendent in the first instance. Sec. '3909, Rem. .V Hal. Code, provides for an appeal from their de- cision to the superior court. (Atty. Gen., Sept. 24, 191:5.) Section 242. Not entitled to pay for use of horse A county official is not entitled to pay for the use of his own horse or conveyance as part of his necessary traveling ex- penses. (Atty. Gen. Ops.. 1911-1.°., p. 24.) 50 Digest of Opinions and Hidings Section 243. County superintendent, traveling expenses Whore a county superintendent of schools maintains his residence at a place other than the county seat, he is not en- titled to expenses in traveling from his home to the county seat and return. He is supposed to maintain an office at the county scat, and if he chooses to live at a place other than the county seat, the expense incident to his non-residence at the county seat must be borne by himself. (Bureau of Insp., Feb. 9, 1914.) Section 244. Directors, traveling expenses Directors can not incur traveling expenses and charge the same up to the district. This might be considered an oversight on the part of the Legislature if it had not specifically pro- vided in section 161 of the school code for the mileage and trav- eling expenses of the county superintendent of schools. (Atty. Gen. Ops., 1911-12, p. 129.) Section 245. Superintendent of Public Instruction, traveling expenses The traveling expenses of the state superintendent should be paid from the appropriation made for that office. If there are no funds available at any time, the county superintendent is authorized to pay the traveling expenses of the state super- intendent attending a county teachers' institute and to pay said expenses from the county institute fund. (Atty. Gen. Ops., 1911-12, p. 209.) FEES Section 246. Disposition of If the superintendent, or other officer, authorized to collect certificate and diploma fees, under sec. 313, Code of Pub. Instr., 1913, is advised in sufficient time of the place where the recipient of the certificate or diploma is to teach to enable him to remit the fee within thirty days, as provided by this section, then the fee should be remitted in accordance with the place where the recipient is to teach ; otherwise, the fee should be transmitted in accordance with the place of the residence of the recipient. (Atty. Gen., Nov. 4, 1915.) Relating to School Matters .'>] FINANCIAL EMERGENCY Section 247. How met Sec. 170, Code of Pub. Instr., 1918, provides that school districts can not issue warrants in excess of their revenues for the year, unless authorized to do so by the electors. In case of financial emergency it would therefore be necessary to de- termine how much money will be needed, in addition to the rev- enues already provided for, in order to complete the school year. Under sec. 170, above cited, the Attorney General holds that a vote of the electors may be had upon this question, cither by calling a mass meeting (giving proper notice of same), or by an election, as the directors may choose. The question to be submitted should be the specific amount of money needed. If the additional indebtedness to be incurred is within the one and one-half (l 1 ^) per cent, limit, a majority vote is all that is necessary, but should the indebtedness go above the one and one-half ( 1 ' L > ) per cent, limit, it would be necessary to have a three-fifths majority. (Bureau of Insp., Feb. 21, 1916.) FLAG Section 248. Flying of, proper manner While there is no statute prohibiting the flying of any other flag or emblem above or over the United States flag, it is a custom of long standing that no other flag or emblem be dis- played above or over our national emblem and should be fol- lowed by schools (see rules in State Manual). (Supt. Pub. Instr., July 19, 191.",.) Section 249. Must be displayed, where Sec. 164 of the Code of Pub. Instr., 1913, is not complied with by the displaying of a flag upon the walls of the school room. (Atty. Gen., dan. 31, 1916.) HEALTH Section 250. School buildings may be condemned, when The county health officer can condemn school buildings that are poorly lighted, although this is largely a matter of dis- cretion. (Supt. Pub. Instr.. .March .) Section 257. Who may take Students attending regular unaccredited high schools in this state arc not eligible to take the state high school extension examinations, as such examinations are intended only for per- sons not attending regular high schools. (Supt. Pub. Instr.. May 17, 1916.) HOLIDAYS Section 258. Directors have no power to grant A school board lias no authority to grant holidays other than those mentioned in the school law. (Supt. Pub. Instr., April 9, 191:3.) Section 259. Saturdays While there is no statutory provision prohibiting school on Saturdays, in view of sec. 90, Code of Pub. Instr., 1913, which defines the school week as a five-day week, and custom making Saturday a non-school day, it is believed that no school should be held on that day. (Supt. Pub. Instr., March 13, 1916.) Section 260. Teachers not exempt from teaching, when Teachers are not exempt from teaching on the day following Christmas, New Year's Day, Washington's Birthday. .Memorial Day and Fourth of July, respectively. The only day following a holiday specified by law as a day on which school shall not be held is the day immediately following Thanksgiving Day. (Supt. Pub. [nstr., .March IS, 191 ~>.) Section 261. Teachers not entitled to credit, when Teachers are not entitled to credit for Christmas and New Year's when these days fall within the holiday vacation period, 54 Digest of Opinions and Rulings and the school authorities are justified in requiring teachers to make up the entire time lost during said period. (Atty. Gen., Feb. 11, 1914.) Section 262. When observed, if holiday falls on Sunday Sec. 230, Code of Pub. Instr., 1913, which specifically enu- merates school holidays (being the special law with respect to school holidays) was not affected by chapter 9 of the Laws of 1911, which provides: "Whenever any legal holiday, other than Sunday, shall fall upon a Sunday, the day next following such date shall become and be held as a legal holiday." There is nothing to prevent the school authorities from ob- serving the day following Memorial or Decoration day when Memorial or Decoration day falls on Sunday, or any other gen- eral legal holiday, but no school apportionment can be allowed for a holiday thus observed, unless it is one of the school holi- days enumerated in sec. 230, supra. (Atty. Gen., May 26, 1915.) INDIANS Section 263. Admitted to public schools The fact that the federal government has made provision for the education of the children of Indians residing upon In- dian reservations does not preclude the board of directors from admitting such children to the public schools of their district under the provisions of sec. 166, Code of Pub. Instr., 1913. (Atty. Gen. Ops., 1913-14, p. 295.) Section 264. Districts educating, may accept federal aid There is no reason why a school district of this state should not accept assistance from the federal government in the main- tenance of a school which is open to the children of Indians whose lands are not taxed. (Atty. Gen., Oct. 9, 1914.) Section 265. Districts may be formed in communities inhabited by There is no legal reason why a school district should not be formed in a community inhabited principally by Indians, even though the lands in such community held by the Indians are not Relating tO School Mutters ')'> taxable, but, in taking the census for apportionment purpot Indian children not living under the guardianship of white per- sons, or who have not severed their tribal relations, are not to be included. (Alt v. Gen., Oct. 9, 1918.) Section 266. Marrying, does not disqualify as director A woman, who is a citizen of the United States and of this state, and otherwise qualified to be a school director, does not be- come disqualified by marrying an Indian who has not severed his tribal relations. (Attv. (Jin., April 20, 1915.) INDEBTEDNESS Section 267. Districts do not assume, when When one or more districts are added to a union high school district, such additional districts do not have to assume- any of the indebtedness of the union high school district that was con- tracted prior to their joining, but will, of course, share in the further expense of the union high school district of which they are a part. (Supt. Pub. Instr., Oct. 23, 1915.) Section 268. Limit of A school board can not contract indebtedness in excess of the income of the district for the current year. (Attv. Gen. Ops., 1907-08, p. 510.) Section 269. Limit of, how computed No school district can have an indebtedness in excess of five (5) per cent, of its valuation. However, in computing the net indebtedness, credit must be given for the cash on hand and delinquent taxes due the district. (Bureau of [nsp., Dec. 30, 1915.) Section 270. Limit of warrant indebtedness A warrant indebtedness ma y be created by a district up to one and one-half (1L) per cent, of its valuation. In deter- mining whether or not the limit has been reached, credit must be given for cash on hand and delinquent taxes due the district. (Bureau of Insp., Dec. 30, 1915.) 56 Digest of Opinions and Ridings Section 271. Validation of A school district may validate outstanding warrants in ex- cess of one and one-half (l 1 /^) P cr cent, up to the limit of five (5) per cent, of its valuation, but any indebtedness beyond this limit is contrary to the state constitution. (Bureau of Insp., Dec. 30, 1915.) INSPECTION Section 272. Districts' accounts, how examined Districts of the third class are examined in connection with the county examination, as all vouchers are on file in the county auditor's office, thus saving the expense of visiting each third class school district. The examiner can pass only on matters which appear on the vouchers, and, if the vouchers appear all right, he has no reason to go back of same, unless personal complaint has been made. (Bureau of Insp., Feb. 16, 1916.) INSTITUTES Section 273. Attendance, in other county, when The only time when the county superintendent of schools can compel the teachers of his county to attend institute in another county is in the case of a joint institute. (Supt. Pub. Instr., Feb. 19, 1914.) Section 274. Attendance, not required unless employed In case a teacher is not employed it is not necessary to attend the county institute. A school district is only entitled to credit for the attendance of teachers at the county institute cm ployed at the time of such institute, and should the district at a later date employ a teacher who had attended the institute while not in the employ of the district, the directors of such district would not have any power to reimburse the teacher for attendance at the county institute. (Atty. Gen. Ops., 1911-12, p. 153.) Section 275. Attendance, pay for, depends on contract A teacher's right to pay for attending institute depends upon whet her or not the institute falls within the period of time Relating to School Matters 5^ covered by the teacher's contract. However, if the directors do not pa\ their teachers while in attendant a1 institutes, their districts will receive no credil for institute attendance for the purpose of apportionment. (Supt. Pub. Instr., April (J. L915.) Section 276. Auditor of institute bills, who is The county superintendent is the lawful auditor of all claims or bills incurred in holding teachers' institutes. However, the expenditure for this purpose is limited to $200 in excess of tin- receipts for examination fees. The county commissioners have the right to refuse to order paid any manifestly improper or unlawful charge. (Atty. Gen. Ops., 1901-02, p. 115.) Section 277. Excusing from, who can Teachers must attend institute in their own county unless excused for special reason. In cases of this kind the county superintendent has full power to decide. (Supt. Pub. Instr., Oct. 19, 1914.) Section 278. Instructors may be paid, when Professors and instructors in the University of Washington, Washington State College, and the various normal schools, are entitled to reasonable compensation for services rendered at county institutes, and the same is a proper charge against the institute fund. A different rule, however, pertains to the prin- cipals of tin various normal schools when rendering such serv- ices. (Atty. Gen. Ops., 111-12, p. 21T.) Section 279. Visitation Cities employing the required number of teachers to entitle them to hold independent institutes, as provided for in sec. 259, Code of Pub. Instr., 1913, may use two days for the pur- pose of visitation. (Supt. Pub. Instr., Aug. IS, 1911.) Section 280. Week of, how used The county superintendent of schools has the final determi- nation as to whether or not teachers of the county may use a part of the institute week to attend the State Teachers' Asso- ciation meetings. Neither this office nor the State Hoard of 58 Digest of Opinions and Rulings Education have any right to interfere in this matter. (Supt. Pub. Instr., Oct. 23, 1915.) INTEREST Section 281. Rate of, how determined Under sec. 450 of the Code of Pub. Instr., 1913, it is the duty of the directors to determine the amount of interest that warrants registered should bear. However, in order for them to determine this it would be necessary for them to take the matter up with the county treasurer, as, in many cases, the rate of interest which a warrant should bear will depend upon what the county treasurer is able to float same for. And, if the treasurer can handle or dispose of the warrants for less interest than the school district has determined the warrants should draw, the directors should at once cut down the rate of interest to such a per cent, as the treasurer claims he can dis- pose of same for, and still keep the warrants at par. (Bureau of Insp., March 16, 1914.) KINDERGARTENS Section 282. Expense of maintaining borne by districts School districts which have established kindergartens do not receive credit for the children attending the kindergartens in the allotment of the state and county apportionment to those districts. The entire cost of maintaining kindergartens must be borne by the district itself. (Atty. Gen. Ops., 1913-14, p. 226.) LEVY Section 283. County commissioners required to make, when It is the duty of the board of county commissioners, at the expiration of one-half the time the bonds of any district are to run, to levy, in addition to the taxes required to pay the interest on the bonds, an amount for a sinking fund to meet the payment of the bonds at maturity. Nothing is said about requiring the question to be submitted to the electors of the district. The provisions of sec. 294, Code of Pub. Instr., 1913, are separate and distinct from the requirements of sec. 203, Relating to School Matter* 59 Cod.- of Pub. In>t i-., 1918. We are therefore of the opinion that the county commissioners mus1 levy an amount sufficient to create a sinking fund. (Atty. Gen., Aug. 18, L911.) Section 284. Limit of The hoard of county commissioners has no authority to make a levy for school district purposes in excess of one (1) per cent, of the assessed valuation of all the taxahle property of the district without the same having been authorized by a vote of the electors of the school district. (Atty. Gen., Aug. 18, 1911.) Section 285. Limit of, how extended I nder the state laws, the county commissioners can make only a ten (10) mill levy on the property within the school dis- trict, unless the question of a greater levy has been submitted to the voters of the district and carried by a three-fifths (3-5) majority. If such election has been held and carried they may levy not to exceed twenty (20) mills. This levy is to cover all tin money needed for school purposes, with the exception of interest on and the redemption of bonds, for which the com- missioners make an additional levy. (Bureau of Insp., Dei-. 30, 1915.) Section 286. Limit of in consolidated districts A levy on a consolidated district, plus the levy on an orig- in.! I district which has become a part of the consolidated dis- trict, may not exceed the ten (10) mill limit, but the directors of a consolidated district can call for a levy up to ten (10) mills, and the county commissioners must levy that amount and then add the amount necessary to pay off the indebtedness of the original district. (Supt. Pub. Instr., Oct. 21, 1911.) Section 287. Supplemental, may not be made A supplemental tax levy can not be made by the county commissioners to raise additional revenues for a school district after the regular tax levy has been mad.' and an amount equal to the certified and published estimate has been provided for. (Atty. Gen., Nov. 22, 1915.) 60 Digest of Opinions- and Hidings MANUAL TRAINING Section 288. Equipment, pupils may not make, when Boys should not be allowed to hike time from their regular school work to make manual training benches or equipment. (Supt. Pub. Instr., March IS, 1916.) MARRIED WOMEN Section 289. May attend public schools, when There is no law in this state prohibiting any married woman under twenty-one years of age from attending public schools. (Supt. Pub. Instr.. Sept. 8, 1915.) NIGHT SCHOOLS Section 290. Age limit, none For the purpose of apportionment, the attendance of a pupil in a night school can be counted without regard to the age of the pupil (sec. 251, Code of Pub. Instr., 1913). (Supt. of Pub. Instr., Nov. 19, 1915.) Section 291. Attendance, how counted An evening's session of three hours may be counted as a half day in regular school. (Supt. Pub. Instr., Nov. 19, 1915.) Section 292. General plan of conducting The general plan of conducting night schools is to hold them three nights a week for about six months a year. As -uch schools are entitled to state aid, the sessions should. each consist of three hours in order that a half day's attendance for each pupil may be allowed. (Supt. Pub. Instr., Sept. 16, 1915.) Section 293. Number of nights a week There is no limit to the number of nights a week school may be held. (Supt. Pub. Instr., Jan. 18, 1916.) Section 294. Subjects taught All common school subjects may be taught in night schools. (Supt. Pub. Instr.. Sept. 16, 1915.) Relating to School Matter* 61 OATHS Section 295. Who may administer That part of sec. 172, Code of Pub. Enstr., 1913, which reads as follows: "School officers hereby authorized to admin- ister all oaths or affirmations pertaining to their respective of fices without charge or fee," is considered broad enough to per- mit a school director to administer an oath in connection with the school bills. (Supt. Pub. Enstr., .March 18, 1915.) OFFICERS Section 296. Ineligible to hold Certain offices, when A school superintendent can not hold office of school clerk without vacating the office of superintendent. A school clerk can not fill the office of school teacher, and a teacher is ineligible to the office of clerk of the district in which he is employed. (Attv. Gen., Nov. 25, 1901.) OPINIONS Section 297. Of Attorney General, effect of The law makes the Attorney Genera] the Legal adviser of the various state officers and of prosecuting attorneys. No provision is made that the opinions of that officer shall have any binding or conclusive effect. Although an office is entitled to the advice of the Attorney General in proper cases, he i- (vn- to disregard that advice if he chooses. The court-, have held, however, that in cases of doubt the opinion- of the Attor- ney General, especially where acted upon by other officers of the state, are entitled to greal weight when the same question comes before the courts in a legal proceeding. It has been held also that in certain instances, where officers have acted pur- suant to the advice of the Attorney Genera] of a state, the of fieer will not be held personally liable, even though the court should find that the opinion of the Attorney Genera] was un- sound. (Attv. Gen., .March 81, 1916.) 62 Digest of Opinions and Rulings RELIGIOUS EXERCISES Section 298. Credit for Bible study, not allowed Credit for Bible study may not be applied toward gradua- tion from high schools in this state, even though such study be optional, is pursued outside the public school buildings, and no part of public school money, time or property is used in con- ducting such courses. (Atty. Gen., March 24, 1916.) Section 299. Prayer. A teacher can not legally open school each morning with a prayer. (Atty. Gen., Dec. 20, 1909.) Section 300. Reading Bible in school, not permitted The stated reading of the Bible in the public schools of this state is a religious exercise within the meaning of the Con- stitution, and as such is prohibited by sec. 11, art. I of that document. (Atty. Gen. Ops., 1891-92, p. 142.) REMEDY Section 301. Claimants must resort to courts, when In case a school district refuses to recognize a claim, the claimant's only recourse is to the courts. The opinion of the Superintendent of Public Instruction would be of no effect, inasmuch as he has no power to order the payment of public funds. (Supt. Pub. Instr., June 27, 1914.) REVENUE Section 302. From community hall, disposition of Any revenue that may be derived from a building or hall owned by a school district, when used by clubs or organizations, must be turned into the county treasury. (Bureau of Insp., March 1, 1916.) SCHOOL BUILDINGS Section 303. Air space There is no statute covering the number of cubic inches of air space allotted to each pupil in the public schools. (Supt. Pub. Instr., March 1, 1915.) Relating to School Matters 68 Section 304. Erection of, authorized, when A meeting which authorize-, the building of a school house and does not authorize the district to borrow monej lor that purpose, authorizes the district to build such a school house as can be built without incurring an indebtedness. (Atty. Gen. Ops., 1911-12, p. 302.) Section 305. Erection of, voters determine. The voters of a school district determine whether or not school buildings shall he erected. (Slipt. Pill). Instr., April 24, 1916.) Section 306. General school fund School buildings can not he huilt and paid for with war- rants on the general fund. (Atty. Gen., Feb. 8, 1912.) Section 307. Use of, who determines The school directors have the custody of school buildings, and have the right to decide as to what use may be made of the buildings. As a matter of public policy, however, no board should refuse to permit the buildings to he used for community center meetings of a puhlic character, unless in some special case when the buildings do not happen to he in condition for use. (Supt. Pub. Instr., Nov. 2, 1914.) SCHOOL CENSUS Section 308. Taking of, mandatory The law requiring the taking of the school census annually is mandatory. The Code of Public Instruction is presumed to he the law until proven to be in conflict with the statutes. (Atty. Gen. Ops., 1905-06, p. 340.) SCHOOL PROPERTY Section 309. Condemned for other public use A county may take school property for puhlic use, hut a showing would have to he made to the effect that the new use was more important to the puhlic than the old use. (Atty. Gen. Ops., 1911-12, p. 72.) 64 Digest of Opinions and Rulings SCHOOL REGISTER Section 310. Pupil may be dropped from, when In any case where it is known that a pupil is to be absent from school the teacher may drop the pupil from the register ■i^ soon as the cause of the pupil's absence can be reliably estab- lished. (Supt. Tub. Instr., Feb. 29, 1916.) SCHOOL SITE Section 311. Change of, vote necessary A two-thirds vote of the qualified electors of the district voting at the election will be necessary in order to change the location of a site theretofore selected. (Atty. Gen. Ops., 1913- 14, p. 11.) Section 312. Donated, must be voted on A donated site must be voted upon by the qualified electors of the district. (Supt. Pub. Instr., May 10, 1915.) Section 313. Purchase of, not authorized, when A district can not, after having once located its school house site, sell such site by majority vote, and then purchase another site by majority vote. (Atty. Gen. Ops., 1911-12, p. 10.) SESSIONS Section 314. May be continuous In the absence of a ruling by the State Board of Educa- tion to the contran', it is within the power of the directors of a school district to make the school day one continuous session. (Atty. Gen. Ops., 1913-14, p. 40.) SPECIAL MEETINGS Section 315. Directors required to call, when In case a petition, signed by a majority of the legal voters of a school district, requesting the calling of a special meeting of the school district electors for the purpose of considering any of the questions specified in sec. 345, Code of Pub. Instr., 1913. is presented to the school board, the board musi gran* the request and call the special meeting. (Supt. Pub. Instr., June 16, 1914.) Relating to School Mutt, <;;, STANDARD COLLEGE Section 316. What is A college in order to be recognized as a "standard colli must require not less than fourteen Carnegie units for admis- sion, and not less than four-year graduation with a degi (St. Bel., June 16, 1914.) SUBSTITUTES Section 317. By whom paid A teacher is not expected to pay his substitute, as that is the duty of the school board, and the board can Legally pay only qualified teachers. (Supt. Pub. Instr., Jan. 15, 1916.) Section 318. Who may be No person who does not possess the legal and required qualifications may become a regular substitute teacher in the public schools of this state. (Supt. Pub. Instr., Jan. 15, 1916.) SUPERINTENDENTS Section 319. Length of term employed for In districts of the first class a superintendent may be em- ployed for a period not longer than three years. In a district of the second class a superintendent or principal may be em- ployed for a period of not longer than two years. In districts of the third class a superintendent or principal may be em- ployed for a period of not longer than one year. (Supt. Pub. Instr., March 10, 1916.) TEACHERS Section 320. Authority of A teacher has control over her pupils from the time they leave home in the morning until they return in the evening. (Supt. Pub. Instr., March 8, 1915.) Section 321. Certificate of, entitled to full faith and credit A teacher's certificate is entitled to full faith and credit until it has been revoked, or until the teacher has bees suspended pending proceedings brought to revoke the certificate. (Atty. Gen. Ops., 1913-14, p. 149.) — 3 QQ Digest of Opinions and Rulings Section 322. Classify pupils The school teacher, and not the board of directors, is the proper authority to determine to what grade or course a pupil properly belongs. (Atty. Gen. Ops., 1901-02, p. 211.) Section 323. Discharge of, power of directors, appeal Where the patrons of a district are dissatisfied with the work of a teacher and desire to have such teacher discharged, they should appeal to the board of school directors of the dis- trict, as the matter is one which lies entirely within the author- ity of the directors. In case the parents are dissatisfied with the action of the board of directors in such a matter, an appeal may be taken to the county superintendent, and if not satisfied then, to the Superintendent of Public Instruction, but such pro- ceedings must come through public hearings and with written evidence submitted in each case. (Supt. Pub. Instr., Nov. 21, 1914.) Section 324. Employment of A majority of the members of a school board is necessary in order to legally employ a teacher. (Atty. Gen., June 17, 1908.) Section 325. Have no jurisdiction over pupils, when When high school students are guilty of disorderly conduct while attending an evening entertainment given in a high school building, it is a matter which falls within the jurisdiction of civil authorities, and is not a matter calling for disciplinary measures on the part of the school authorities. (Supt. Pub. Instr., Nov. 11, 1914.) Section 326. Jurisdiction ends, when A teacher has no right to punish a child for any act com- mitted after the child has reached home after dismissal. (Atty. Gen. Ops., 1907-08, p. 36.) Section 327. Manual training teachers, Workmen's Compensation Law Teachers in manual training departments where any kind of power-driven machinery is used are within the express pro- Relatmg to School Matters I i", visions of extra hazardous employments ae defined by the Work- men's Compensation Law of 1 1 1 i -> state. (Atty. Gen., March 11. 1916.) Section 328. May act as janitors A teacher can act as janitor, but the question as to whether or not a teacher would be entitled to extra compensation for so doing would depend entirely on the contract which the teacher had with the school board, and is a matter which rests with the board at the time the contract is made out. (Atty. Gen. Ops., 1911-12, p. 27.) Section 329. Pay, entitled to, when A teacher who is ready, able and willing to perform his con- tract is entitled to and may recover his wages for the time that the school is closed by order of the board of directors on ac- count of an epidemic. (Atty. Gen., April 21, 1909.) Section 330. Pay, not entitled to, when Teachers are not entitled to pay for time lost while they are sick or quarantined. (Atty. Gen. Ops., 1909-10, p. 17.) Section 331. Aliens Aliens may teach in the schools of this state provided they are otherwise qualified. (Supt. Pub. Instr., Feb. 11, 1914.) Section 332. High school teachers The rule of the State Board of Education reg-ardino- the requirements for high school teachers applies only to the four- year accredited high schools. (Supt. Pub. Instr., March 5, 1914.) Section 333. Married women There is nothing in the law which would prevent a married woman from teaching school in this state. (Supt. Pub. Instr., Feb. 7, 1916.) Section 334. Resignation of, no provision for There is no provision made for a teacher to resign. Some- times through a mutual agreement a teacher does resign, but 68 Digest of Opinions and Rulings it would depend upon the circumstances of the case whether or not the teacher should have her certificate revoked. (Supt. Pub. Instr., April 9, 1914.) TEXT BOOKS Section 335. Continued in use for five years If a county board of education has adopted text books for a school district of the second division, and before the five years from the time of their introduction has elapsed the district be- comes a district of the first division, such district must continue to use the text books so adopted for the remainder of the five- year period. However, under sec. 266, Code of Pub. Instr., 1913, such a district, in order to meet the requirements of the additional grades, may select and adopt additional and sup- plementary books in order to maintain the standard of excel- lence required of a district of the first division. (Atty. Gen. Ops., 1913-14, p. 48.) Section 336. May discontinue furnishing A school district has the power to discontinue furnishing free text books. It is believed, however, that it would be very inadvisable for a board to discontinue to furnish free text books. (Supt. Pub. Instr., April 6, 1915.) Section 337. May not sell to pupils A school board can not lawfully purchase text books and sell them to the pupils of the district. It can perform only such acts as the law authorizes. (Atty. Gen. Ops., 1905-06, p. 253.) Section 338. Non-resident students may be required to furnish It is within the power of the board of directors to decide whether or not pupils attending high school from outside the school district shall be required to provide, their own text books. (Supt. Pub. Instr., Sept. 4, 1914.) Section 339. Union high school district, first division A union high school district maintaining a four-year ac- credited high school falls within the first division of school dis- Jul ti ting to School Matters 69 tricts as provided in sec. 265, Code of Pub. [nstr., 1913, and the text books of such district should be selected by the text book commission, and not by the county board of education. (Atty. Gen., Sept. 25, 1918.) TRANSFER OF TERRITORY Section 340. Adjustment, mandatory Sec. 4<433, Rem. & Bal. Code, as amended by chapter 50, Laws of 1915, provides in part as follows: "Upon making such transfer of territory the county super- intendent of schools shall fix a time and place for adjusting the assets and liabilities of the school districts affected * * *." In my opinion this provision of the statute is mandatory and must be complied with. (Supt. Pub. Instr., March 22, 1916.) Section 341. Entire territory of district It is the opinion of this office that the language of sec. 44J33, Rem. & Bal. Code, as amended by chapter 50, Laws of 1915, is broad enough to permit the transfer of all the terri- tory of a district. (Supt. Pub. Instr., March 20, 1916.) Section 342. Liable for share of indebtedness, when Where territory is transferred from one district to another, such territory is liable for the payment of a part of the bonded indebtedness of the district from which it was transferred. However, such disposition of the obligations of the territory is a question to be settled by the county superintendent in accord- ance with the provisions of chapter 50, Laws of 1915. (Supt. Pub. Instr., March 17, 1916.) TRANSPORTATION Section 343. Bridge, may not build Directors are not authorized to build a bridge, as the build- ing of a bridge is not transportation, although it may be an aid thereof. District funds can not be used for such purposi s. (Atty. Gen. Ops., 1911-12, p. 114.) 70 Digest of Opinions and Rulings Section 344. Discrimination, not allowed The directors may make arrangements to transport chil- dren to school who live more than two miles away, but can not discriminate. (Atty. Gen., Sept. 22, 1910.) Section 345. Discrimination, county superintendent can not prevent When the directors of a school district have established transportation routes for the transportation of children, the county superintendent of schools has no power to prevent the board of directors from discriminating against certain chil- dren of the district. The matter of transportation, like that of other provisions for the education of children, is one within the discretion of the board of directors of the district. (Atty. Gen., April 2, 1915.) Section 346. Furnishing of, discretionary The directors of a school district can not be compelled to furnish transportation to children in their district, as this is a matter entirely within the discretion of the school directors, and neither the county superintendent nor the courts are vested with the power to control the action of the board of directors in this matter. (Atty. Gen., Nov. 25, 1915.) Section 347. Horse feed, may furnish A board of school directors may furnish feed for horses used by pupils in riding or driving to and from school. (Supt. Pub. Instr., March 3, 1916.) Section 348. May not transport to adjoining district Subdivision 11, sec. 163, Code of Pub. Instr., only applies to the transportation of children within the district to the school house owned by the district, and therefore the directors have no power to pay for the transportation of high school pupils from their district to an adjoining district. (Atty. Gen. Ops., 1911-12, p. 101.) Section 349. May not furnish substitutes for The directors of a school district have only such authority as is expressly given or necessarily implied. The power to Relating to School Matter* ' l furnish transportation to pupils does aot include the power to furnish wrhai the directors may deem a Buitable substitute thi for. ( Attv. Gen., Dec. Hi. L915.) TUITION Section 350. May not be charged, when When an emancipated minor child has taken up and estafa lished its place of residence in a school district other than that in which sucli child's parents reside, it is entitled to attend the public schools of the district in which it has established its place of residence without the payment of a tuition fee to such district. (Attv. Gen. Ops., 1918-14, p. 320.) WARRANTS Section 351. Lost, procedure The following is the proper procedure in regard to a lost warrant : "The party to whom the warrant is issued must fur- nish a bond with sufficient security to satisfy the parties issu- ing the warrant. The amount of the bond is usually placed at double the amount of the warrant. As the auditor must countersign and approve the warrant before it is good, he as- sumes a certain responsibility and should therefore be proper! v protected before the warrant is countersigned. (Bureau of Insp., March 16, 1914.) Section 352. Payment may be refused, when If the county treasurer has reason to believe, either from matters appearing upon the face of a warrant, from the record of his office, or from other matters coming to his attention, that the warrant is illegal, it is his duty to make such investigation as will satisfy him of the legality of the warrant, or if he find- the same to be illegal, to refuse payment thereof. On the other hand, if the warrant is regular upon its face, and the county treasurer has no reason to believe that it is illegal, then he is justified in paying the same without further investigation. (Atty. Gen.. Aug. 18, 1911.) 72 Digest of Opinions and Rulings Section 353. Registration of All warrants drawn on the funds of districts of the first and second class must be delivered to the county auditor for registration, and by him presented to the county treasurer for registration before the same are delivered to the claimants. (Atty. Gen. Ops., 1911-12, p. 90.) Section 354. Statute of limitations runs against The statute of limitations runs against school warrants after the same have been called by the county treasurer. Sec. 157, Rem. & Bal. Code, which provides that actions based upon a contract in writing, or liability expressed or implied arising out of a written agreement, must be commenced within six years after the cause of action has accrued, is applicable to school warrants. (Atty. Gen. Ops., 1911-12, p. 50.) Section 355. Interest on, treasurer liable for, when A treasurer is liable for interest where by his own oversight he fails to advertise and pay a warrant when there are funds. (Atty. Gen. Ops., 1913-14, p. 72.) INDKX ADULTS : /.,,,,, .M;i.\ attend public schools, when 1 AI'I II BLIND : Districts niny not furnish school for 2 ■ ■ ADVICE : Not i;iven to litigants 3 ALIENS : May attend public schools I 5 .May be teachers 33] May not be directors 1 • ; 1 APPEALS : s beard de novo, when (j q Districts maintain existence for purpose of, when 108 .'■ Bow taken 393 qq May be taken from order of county superintendent . when APPOINTMENTS : County Board of Education, commissioners no power to prevent.. 7 6 APPORTIONMENT: Attendance at parental schools, how counted g 6 Attendance at private schools, when counted ;i 6 Attendance in normal training schools, not counted 10 6 Attendance in other districts, claimed up to ninth grade only.... 11 Attendance in summer vocational schools, not counted U Attendance of emancipated minor, where counted 13 Attendance of Indians counted 14 Based on actual days attendance 1 :, Based on annual report of county superintendent 16 Basis of estimation, what is 17 s Bonus to consolidated districts, can not be transferred 18 8 Bonus to consolidated districts, how carried over to other district 19 8 Bonus of one and one-half attendance, subject to but one con- 'I it ion go Bonus to high schools, forfeited when, tuition 21 S Bonus to high schools, not forfeited when, tuition 21 S Bonus, not given in county apportionment 24 Bonn- of S100.00, subject to but one condition 25 :• Bonus of $100.00, average of grades may not be taken -2<\ '.> Bonus of si no. 00, not lost by charging tuition 27 Can not be drawn for child under six years of age 28 9 Counting of attendance, not affected by donations 29 10 Debating trip, counted as attendance 30 10 Districts not entitled to unless school is maintained ::i 10 Fractional method, when applicable 39 1.: General provisions concerning 32 in ilU'h schools lose extra apportionment only by charging tuition.. 22 v Kindergartens, no apportionment (or 282 58 Made to old district, when :;:: n New district ran not participate, until when ::i 11' No limit to number of days that may be counted for ::.", 12 1: isldence of minor, same as parents !•_• Resident district entitled to 37 12 Index APPoKTIONMENT — Continded : Sec. rage - -ion of night school counted as half day. when 293 60 Teacher to be counted as extra teacher, when 38 12 Tuition, charged to non-resident, effect of 40 13 Whole attendance affected when tuition is charged 23 ATTENDANCE (See APPORTIONMENT). ATTORNEY : Centain districts may not employ 174 37 Opinion of Attorney General, effect of 297 Gl Prosecuting attorney, is, for school districts 41 13 AUDITING : Institute bills, duty of county superintendent 276 57 School claims, duty of county auditor 42 13 BIBLE STUDY (See RELIGIOUS EXERCISES). BONDS : Detached territory not liable for 43 14 May refund, when 44 14 May take up former issue, when 45 14 Not to draw more than 6% interest 46 14 Permanent school fund may be invested in 4 7 14 Selling to state, advantages of 48 14 Valid, when 49 15 Validity not affected by subsequent action 50 15 BONUS (See APPORTIONMENT) : Consolidated district entitled to 104 25 Consolidated district loses, when 105 25 BOUNDARIES : County superintendent, power to alter 135, 136 30 County superintendent, power to alter 143 32 CENSUS : Indians, not to be counted, when 265 54 Taking of, mandatory 308 63 CERTIFICATION : Accrediting institutions, formal application necessary 51 15 Accrediting of state certificate, dates from when 52 15 Adding experience credits, recommendation of superintendent necessary 53 15 Attendance must be subsequent to earning third grade, when 54 15 Certificate entitled to full faith and credit 321 65 Elementary and secondary normal school certificates, when issued. 55 16 Examinations, where held 56 16 Examination papers, kept on file 57 16 Experience, gained in night schools 58 16 Experience, superintending to count as teaching 59 16 Expired certificate, not renewable 60 17 Grades of 90 on elementary normal school certificate, can not be held over 61 17 Grades of Of) can not be held over unless certificate is secured. . . . 62 17 Grades of 90 can not be used when certificate has expired 63 17 Holder of special may teach certain subjects only 64 17 Life certificate, experience, where gained 65 17 May not teach until notified of result of examination 66 18 Manual training teachers, special certificates 67 18 Music, required, when 68 18 Index ' 5 I BRTIFICATION Contini ed : i-aae Normal school certificates, not renewable 89 1 - Normal school credits, not applied on certificate! 7o 18 Normal diploma, requlremi at for 71 18 Penmanship, no particular style required 72 19 Post graduate work, not required 7:: 19 Principal of graded school, may hold any grade of certificate.... 7 1 19 Professional credits, required 7.". 19 Renewals, applications for, accompanied by statement of prin- cipal, when 76 19 Renewals, applications for, accompanied by statement of super- intendent, when 77 i!i Renewals, applications for, how made 7- uo Renewals, second grade certificates, experience, where gained.... 7'a 20 Renewals, second grade certificates, unlimited 80 ->< Required subjects for first grade certificates, options 81 20 Revocation, depends upon what 334 67 Revoked, when 20 Secondary schools, not accredited 83 20 Special certificates, approval not necessary 84 21 Special, for commercial work, may teach what branches 85 21 Special, not needed, when 86 21 Special schools, not accredited 87 -1 Subjects taken at summer school, optional 88 21 University life diploma, experience, how gained 89 21 University life diploma, experience, where gained 00 22 Valid, where 91 22 CLERK May not be teacher 296 61 Must take census 92 22 Paid out of public funds 93 22 Posts notices of elections 194 40 COMMUNITY HALL: Control of 94 23 Control of, when built by popular subscription !».". 23 Revenues derived from, disposition of 302 62 COMPULSORY ATTENDANCE : County superintendent passes upon private instruction 96 23 County superintendent to investigate cases of truancy 97 23 County superintendent complaining officer in cases of truancy.. 98 23 Lack of drinking water no excuse 99 24 Lack of transportation no excuse 100 _t Law of compulsory attendance and transportation not related... 101 2 I Other districts, child can not be compelled to attend In 102 2 1 Truant officer, who may be 103 24 CONSOLIDATION : Bonus, entitled to, when 18, 19 8 Bonus, entitled to. when 104 "_'."• Bonus, losl when joint district is formed 105 25 Cities may not form consolidated dlstrlcl 106 25 Component districts, must lie iti same county in; 25 Corporate existence maintained (or purposes of appeal l" s 25 Corporate existence maintained until debts are paid ii>'.> 25 Dividing into directors' districts, power of county superintendent ilif beginning school day, may determine 156 34 Hold office until successors have qualified 157 34 Majority required to elect teacher 324 66 Mandamus. d, when 158 35 May admit Indian children to school 263 •". 1 May discharge teacher, when 122 i'7 May discontinue to furnish free text books 338 68 May exclude children under six years of age 159 35 May make school day one continuous session .".It 64 May not admit children under six years of age 160 35 May not be janitors 2 is 4.-, May not compromise with teachers, when 117 27 May not discriminate when furnishing transportation .".11 70 May in » t employ dependent minors 219 4."> May not furnish substitute in lieu of transportation 349 70 May not grant holidays •_ 53 May not sell text hooks to pupils :: 68 May n..t transport pupils to adjoining district- "|s ~i> Meetings of. must be held, when 161 Wot ent itled to traveling expenses - 1 1 50 Number "f schools, determined by 162 78 Index DIRECTORS — Continued : sec. Page Office may be declared vacant, when 137 31 Qualifications of, may be county commissioner 163 36 (.nullifications of, must be citizen of United States 164 36 Qualifications of, two members of same family may be 165 36 Records, must be kept 166 36 Required to call special meetings, when 315 64 Resignation of, valid without action of board 167 36 Should not employ relatives 220 45 Superintendent, must elect, when 168 36 Supplies, may not furnish 169 36 Supplies, purchasing from instructor, inadvisable 170 36 Teachers, discharge of 323 66 Teachers, have power to select 171 37 Text books, may require non-resident pupils to furnish 338 68 Tie vote, superintendent can not decide 172 37 Transportation, furnishing of, discretionary 346 70 Woman not disqualified as, by marrying Indian 266 55 DISTRICTS : Accounts of, how examined 272 56 Applicability of general law to 173 37 Attorney, second and third class districts may not employ 174 37 Defectives, schools for, who may maintain 175 37 Detached territory not liable for bonds of 43 14 Do not assume indebtedness, when 267 55 Do not lose $100.00 bonus by charging tuition 27 9 Educating Indians, may accept Federal aid 264 54 Entitled to extra credit for teacher, when 38 12 Funds, division of 176 38 Joint districts, may be formed, when 177 38 Lose extra apportionment, when 22 8 May be formed in community inhabited by Indians 265 54 May not be formed, in what manner 178 38 May not furnish school for adult blind 2 5 May validate indebtedness, when 271 56 Must educate children of aliens 4 5 Must maintain school for minimum term or lose apportionment. 31 10 New districts, appeals may be taken, when 5 5 New districts, do not participate in funds until when 34 12 New districts, powers of county superintendent 135, 136 30 Not entitled to teachers' attendance at institute, when 274 56 Sinking fund of, not to be divided, when 179 38 Tuition, may not pay 180 38 Union high school, districts composing must lie in same county. 181 38 Union high school, may not be formed, when 182 38 Union high school, may not include more than one city 183 39 Union high school, only one school may be maintained, when.... 184 39 Union high school, withdrawal from, procedure 185 39 Union high school, withdrawal from, what law governs 186 39 Vacations, length of , 187 39 ELECTIONS . Ballots, not to be thrown out on account of form, when 188 39 Contest of, must be begun within ten days 189 40 Eligibility of voters, citizenship required 190 40 More than one question may be submitted at 191 40 Nominations, petitions unnecessary 192, 193 40 Notice of, duty of clerk 194 40 Notice of, in first class districts 195 41 Index ELEC I'll »N8 Contini bo I'atje Petition, meaning of L96 11 Petition, what force attaches to r.>7 n Polls, open during what time 198 11 Registration, unnecessary in second and third • 199 41 Re registration, unnecessary, when 200 4 1 i: -:i ter with ecretarj of board, when 201 i_ Bpecial, calling of, optional with directors, when 202 12 Special "ii consolidation, when held -n:\ * u Special, procedure followed at 204 lu Validity of, count] superintendent no authority to df-cide 205 12 Validity of, who maj Inquire 206 13 EIGHTH GRADE EXAMINATIONS AND DIPLOMAS: Cities of 5,000 required to submit examination questions 207 13 Diploma, issued, when 208 13 Examinations, who required to take 209 13 Grades of 80 accepted in issuance of diploma, when Jin 43 Grades of 80 from other states not accepted 211 44 Special examinations, not given 212 1 1 Subjects, required 213 44 Subjects, what and when may take 214 44 Teacher decides whether pupil shall continue subject, when 215 44 ELIGIBILITY : Directors 163, 1G4, 165 38 I'rincipal of graded school, no particular certificate required 74 19 School officers, generally 296 61 Teachers 66 18 Teachers 221 15 Teachers 331, 3:;u. 333 67 Voters, must be citizens II 40 EMANCIPATED MINOR CHILD : Attendance, where counted 13 7 May not be charged tuition, when 350 71 EMPLOYMENT : Authorized by county commissioners, when 216 44 County superintendent may not appoint minor child 217 45 Directors may not be janitors 218 45 Directors may not employ dependent minors 219 15 Majority of board necessary to employ teacher 324 66 Relatives, should not be employed 220 45 ichers, relationship does not disqualify 2u'l i" EXCUSES : Excusing pupils to take music lessons, power of superintendent. . . 222 46 High school students must furnish 223 46 EXPENDITURES : Basket ball same, may not rent hall for 224 16 Commencement exercises, expenses of. may not pay 225 16 Commencement exercises, may rent hall- for •_"_''; 16 bating team, expenses of, may not pay i'l'T IT 1 tigging well, may pay for, when 228 47 1 dormitory, may not maintain 229 47 Erection of school buildings, general fund may not be used for. . . 806 63 General school fund, for what expended t7 Improvements and repairs, may make, when 231 47 In excess of income, not allowed. 232 IT Itemized bills, should be secured 233 18 80 Index EXPENDITURES— Continued : Sec. Page Lunches, may not provide 234 48 Moving picture outfit, may buy 235 48 Piano, may purchase, when 236 48 Should be covered by vouchers 42 13 Supplies, purchase of, approved procedure 237 48 Feachers' cottages, how provided for 238 49 Unauthorized, when 239 49 EXPENSES OF SCHOOL OFFICERS: County board of education, entitled to hotel expenses, when 240 49 County commissioners pass upon claims, when 241 49 County officer not entitled to pay for use,of horse 242 49 County superintendent not entitled to traveling expenses, when. . 243 50 Directors not entitled to traveling expenses 244 50 Superintendent of Public Instruction, traveling expenses, how paid. 245 50 FEES : Disposition of 246 50 FINANCIAL EMERGENCY : How met 247 51 FLAG : Flying of, proper manner 248 51 Must be displayed, where 249 51 FUNDS : Division of, basis 176 38 Sinking fund not to be divided, when 179 38 HEAD OF FAMILY : Who is 112 26 HEALTH : County health officer may condemn school buildings, when 250 51 Medical examination, where authorized 251 52 HIGH SCHOOLS : Accrediting of, not affected, when 252 52 Qualifications of teachers in 332 67 Time of admission to, determined by directors 253 52 Work done in other states not accredited, except when 254 52 HIGH SCHOOL EXTENSION EXAMINATIONS : Credits earned in other states, accepted, when 255 52 When given 256 53 Who may take 257 53 HOLIDAYS : Directors have no power to grant 258 53 Saturdays, should be regarded as 259 53 Teachers must be paid for 118 27 Teachers not exempt from teaching, when 260 53 Teachers not entitled to credit, when 261 53 When observed, if holiday falls on Sunday 262 54 [NDIANS: Attendance counted 14 7 Children of, may be admitted to public schools 263 54 Districts educating, may accept federal aid 264 54 Districts may be formed in communities inhabited by 265 54 Marrying Indian, does not disqualify as director 266 55 Index 8 1 [NDEBTBDNBSa : Pogt Bonded, may be refunded, when 1 1 14 Districts do not assume, when 267 Limit of _ Limit of, how computed Limit of warrant indebtedness J7u 55 •Lit ion of UT 1 56 [NSPECTION : Districts accounts, how examined 272 ■".<; INSTITUTE : Attendance, in other county, when 273 56 Attendance, not required unless employed 27 1 56 Attendance, pay for, depends on contract 275 56 Auditor of Institute hills, who is 276 57 Excusing from, who can l'77 ,'iT ."iT .".7 ."7 Instructors may be paid, when 278 Visitation, time may be used for. when i'7'.i Week of, how used 280 INTEREST : Bonds not to draw more than 6 r 'r 42 13 Bonds not to draw more than iV, 40 14 Rate of, how determined 281 58 Treasurer liable for, when 355 72 JOINT DISTRICTS (See DISTRICTS). KINDERGARTENS : Expense of maintaining, must be borne by districts 282 58 LAW : Applicability of Workmen's Compensation Law to teachers 327 66 Code of Public Instruction, presumed to be 308 63 General applicability of 173 -'17 LEVY : County commissioners required to make, when 283 58 Limit of 284 59 Limit of, how extended 285 59 Limit of, in consolidated districts 286 59 Supplemental, may not be made 2S7 59 MANUAL TRAINING: Equipment for, pupils may not make, when 288 60 Teachers may not teach other subjects 64 17 HARRIED WOMEN : May attend public schools, when 289 60 May he teachers :::;.", r,7 NIGHT SCHOOLS : Age limit, none 290 60 At ten. lance, how counted L".il 60 General plan of conducting 292 60 No limit to number of niirht< a week 293 60 Subjects tatiRht -_".i4 60 OATHS Who may administer 295 61 OFFICERS ; Ineligible to hold different offices, when 296 61 —4 s\! Index OPINIONS: . Sec. Page Of Attorney General, effect of 297 61 Of Superintendent of Public Instruction, effect of 301 62 PARENTAL SCHOOLS (See APPORTIONMENT). PRIVATE SCHOOLS (See APPORTIONMENT). PUPILS: By whom classified 322 66 Jurisdiction over, ends when 326 66 May be dropped from register, when 310 64 May not be detained more than forty minutes 150 33 No jurisdiction over, when 325 66 Should not use time to make manual training equipment, when . . . 288 60 Subject to control of teachers, when 320 65 RELIGIOUS EXERCISES: Credit for bible study, not allowed 298 62 Opening school with prayer, not permitted 299 62 Reading of Bible in school, not permitted 300 62 REMEDY : Claimants must resort to courts, when 301 62 REVENUE : From community hall, disposition of 302 62 SCHOOL BUILDINGS : Air space, no statutory requirements concerning 303 62 Erection of. authorized, when 304 63 Erection of, voters determine 305 63 General school fund may not be expended for 306 63 Use of, who determines :;o7 63 SCHOOL CENSUS : Indians not to be counted, when 265 54 Taking of, mandatory 308 63 SCHOOL DAY: Hour of beginning, directors determine 15<; 34 SCHOOL PROPERTY : May be condemned for other public use, when 309 63 SCHOOL REGISTER : Pupil may be dropped from, when 310 64 SCHOOL SITE : Change of, vote necessary 311 64 Donated, must be voted on 312 64 Election concerning, optional with directors, when 202 42 Only majority vote necessary, when 113 26 Purchase of, not authorized, when :: 1 :: 64 SCHOOL TERM : Length of 187 39 -JONS : School day may be one continuous session 314 64 SPECIAL MEETINGS: Directors' required to call, when 315 64 Procedure at, directors may prescribe 20 1 42 STANDARD COLLEGK: What is 316 65 Index 88 si r.Sl ill i ■ I'age By whom paid "17 65 Who may be 318 65 SUMMEB VOCATIONAL SCHOOLS: Not entitled to apportionment 12 7 SUPERINTENDENT: Directors must select, when 168 •':''. Length of term may be employed for 319 65 SUPERINTENDENT OP PUBLIC INSTRUCTION: Does not give advice to litigants 3 5 May not cast deciding vote, when 172 37 Traveling expenses, how paid 245 50 TEACHERS : Authority of 320 65 Certificate of, entitled to full faith and credit 321 65 Classify pupils 322 66 Cottages for, how provided 238 49 Counted as additional teachers, when 38 12 Decide whether pupils shall continue subjects, when 215 44 Discharge of, power of directors, appeal 323 66 Employment of, majority of board necessary 324 66 Have no jurisdiction over pupils, when 325 66 Jurisdiction ends, when 326 66 Manual training teacher may not teach other subjects, when.... 64 17 Manual training teachers, Workmen's Compensation Law ap- plies to 327 66 May act as janitors, compensation for depends on contract 328 67 May be discharged, when 122 27 May not be clerk 296 61 May not be paid, when 117 27 May not detain pupils longer than forty minutes 150 33 May not open school with prayer 299 62 May not teach until notified of result of examination 66 18 Noon hour duties, determined by directors ir.i' 34 Not entitled to credit, when 261 53 Not exempt from teaching, when 260 53 Not expected to pay substitute 317 65 Not required to attend institute unless employed 27 4 56 Not required to carry water, when 126 28 Pay, entitled to. when 329 67 Pay, not entitled to, when 330 67 Qualifications of, aliens 331 67 Qualifications of, high school teachers 332 ''.7 Qualifications of. married women 333 t'>7 B 'ationshlp does not disqualify 221 Resignation of, no provision for :;:: i 67 Right to pay for Institute, depends upon contract 275 Selected by directors 171 ;:t TEXT BOOKS : Continued in us.' for five years Directors may discontinue furnishing 68 May Qot Bell to pupils of district :. 68 ' high b< Qdents may be required to furnish.. Union high school district, falls within first division, when 68 84 Index TRANSFER OF TERRITORY : Sec. Page Adjustment of assets and liabilities, mandatory 340 69 Entire territory of district may be transferred 341 69 Liable for share of indebtedness, when 342 69 TRANSPORTATION : Bridge, may not build 343 69 Discrimination, not allowed 344 70 Discrimination, county superintendent can not prevent 345 70 Furnishing of, discretionary with directors 346 70 Horse feed, may furnish 347 70 Husband of director may not furnish 119 27 May not transport to adjoining district 348 70 Substitutes in lieu of, may not furnish 349 70 TUITION : Bonus lost by charging, when 21 8 Bonus not lost by charging, when 21 8 Bonus of $100 to high schools not lost by charging 27 9 Charging effects only extra apportionment 22 8 Districts may not pay 180 38 May charge to student who is resident of another state 40 13 May not be charged, when 350 71 Not to be charged to non-resident high school students, when .... 20 8 UNION HIGH SCHOOLS (See DISTRICTS). VACATIONS : Length of 187 39 VOUCHERS : Necessary in connection with school expenditures 42 13 WARRANTS : Lost, procedure when 351 71 Payment of, may be refused, when 352 71 Registration of 353 72 Statute of Limitations runs against 354 72 Interest on, treasurer liable for, when 355 72 J^HUT BINDfT Syocute, N. Y _£^f k »°n. Col.7.