LIBRARY OF THK UNIVERSITY OF CALIFORNIA. OF" BX. or Accession 8 5 4 2 7 Class THE SCHOOL LAW OF THE STATE OF COLORADO AS AMENDED TO DATE. " IQOO, DENVER, COLORADO : THE SMITH-BROOKS PRINTING CO., STATE PRINTERS. 1900. THE SCHOOL LAW OF THE STATE OF COLORADO AS AMENDED TO DATE. S 1900 DENVER, COLORADO : THE SMITH-BROOKS PRINTING CO., STATE PRINTERS. 1900. \1 THIS PAMPHLET IS STATE PROPERTY. School officers on retiring from office should de- liyer this book, with all other papers and documents of an official character, to their successors in office. PREFACE. The contents of this pamphlet include : Sections 7 and 14 of the Enabling Act ; Sections 1 and 6 of Article VII; Article IX; Section 5 of Article X ; Sections 1, 2 and 7 of Article XI ; Sections 8, 9 and 10 of Article XIV of the State Constitution ; The School Law of the State, as amended to date; The law of public contracts; The law providing for a study of the nature of alcoholic drinks and narcotics ; The law establishing Arbor Day; The law relating to compulsory education ; The law organizing a State Normal School ; Colo- rado School for the Deaf and Blind; providing for Kindergartens ; The law fixing compensation of county superin- tendents and deputies ; The law providing for the purchase and display of flags ; The law defining rate of taxation for school pur- poses ; The law fixing rate of interest on school orders and warrants; The laAv establishing high schools in fourth and fifth-class counties; The law providing for the organization of schools of Central City under general law ; Blank forms for the use of school officers and teachers ; This edition of the School Law is issued under Section 3973, Mills Annotated Statutes. The references to Mills Annotated Statutes are to volume 2, unless otherwise designated. HELEN L. GEENPELL, Superintendent of Public Instruction. 85427 SECTIONS VII AND XIV OF THE ENABLING ACT. Section 7. That sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of congress, other lands equivalent thereto in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said State for the support of common schools. Section 14. That the two sections of land in each township herein granted for the support of com- mon schools shall be disposed of only at public sale, and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a perma- nent school fund, the interest of which is to be ex- pended in the support of common schools. SELECTIONS FROM THE Constitution of the State of Colorado Touching Public Schools and School Officers. ARTICLE VII. SUFFRAGE AND ELECTIONS. Section 1. Every male person over the age of twenty-one years, possessing the following qualifica- tions, shall be entitled to vote at all elections : First He shall be a citizen of the United States, or, not being a citizen of the United States, he shall have declared his intention, according to law, to be- come such citizen, not less than four months before he offers to vote. Second He shall have resided in the State six months immediately preceding the election at which he offers to vote, and in the county, city, town, ward or precinct, such time as may be prescribed by law; Provided, That no person shall be denied the right to vote at any school district election, nor to hold any school district office, on account of sex. 1. Women were enfranchised by. L. '93, p. 256, Sec. 1; 3 Mills Ann. St., Sec. 1571a. ****** Sec. 6. No person except a qualified elector shall be elected or appointed to any civil or military office in the state. 6 SCHOOL LAWS OF THE STATE OF COLORADO. AKTICLE IX. EDUCATION. Section 1. The general supervision of the pub- lic schools of the State shall be vested in a board of education, whose powers and duties shall be pre- scribed by law; the Superintendent of Public In- struction, the Secretary of State and Attorney Gen- eral shall constitute the board, of which the Super- intendent of Public Instruction shall be president. 1. Superintendent of Public Instruction an officer of execu- tive department. Art. IV., Sec. 1. 2. Qualifications of Superintendent. Art. IV., Sec. 4. 3. Ex officio state librarian. Art. IV., Sec. 20. Sec. 2. The general assembly shall, as soon as practicable, provide for the establishment and main- tenance of a thorough and uniform system of free public schools throughout the State, wherein all res- idents of the State between the ages of six and twenty-one years may be educated gratuitously. One or more public schools shall be maintained in each school district within the State, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. Sec. 3. The public school fund of the State shall forever remain inviolate and intact; the interest thereon only shall be expended in the maintenance of the schools of the State, and shall be distributed amongst the several counties and school districts of the State, in such manner as may be prescribed by law. No part of this fund, principal or interest, shall ever be transferred to any other fund, or used or ap- propriated, except as herein provided. The State Treasurer shall be the custodian of this fund, and the same shall be securely and profitably invested, as may be by law directed. The State shall supply all losses thereof that may in any manner occur. SCHOOL LAWS OF THE STATE OF COLORADO. 7 Sec. 4. Each county treasurer shall collect all school funds belonging to his county, and the several school districts therein, and disburse the same to the proper districts, upon warrants drawn by the county superintendent, or by the proper district authorities, as may be provided by law. Sec. 5. The public school fund of the State shall consist of the proceeds of such lands as have hereto- fore been, or may hereafter be, granted to the State by the general government for educational purposes ; all estates that may escheat to the State; also, all other grants, gifts or devises that may be made to this State for educational purposes. Sec. 6. There shall be a county superintendent of schools in each county, whose term of office shall be two years, and whose duties, qualifications and compensation shall be prescribed by law. He shall be ex officio commissioner of lands within his county, and shall discharge the duties of said office under the direction of the State Board of Land Commissioners, as directed by law. Sec. 7. Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropria- tion, or pay from any public fund or moneys what- ever, anything in aid of any church or sectarian so- ciety, or for any sectarian purpose, or to help sup- port or sustain any school, academy, seminary, col- lege, university or other literary or scientific insti- tution, controlled by any church or sectarian denom- ination whatsoever; nor shall any grant or donation of land, money, or other personal property, ever be made by the State, or any such public corporation, to any church, or for any sectarian purpose. Sec. 8. No religious test or qualification shall ever be required of any person as a condition of ad- mission into any public educational institution of the State, either as teacher or student ; and no teacher or student of any such institution shall ever be required 8 SCHOOL LAWS OF THE STATE OF COLORADO. to attend, or participate in, any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on ac- count of race or color. Sec. 9. The Governor, Superintendent of Public Instruction, Secretary of State and Attorney General shall constitute the State Board of Land Commission- ers, who shall have the direction, control and disposi- tion of the public lands of the State, under such reg- ulations as may be prescribed by law. 1. As to who constitutes board of land commissioners, see L. '87, p. 331, Sec. 1; Mills Ann. St., Sec. 3627. Sec. 10. It shall be the duty of the State Board of Land Commissioners to provide for the location, protection, sale, or other disposition of all the lands heretofore, or which may hereafter, be granted to the State by the general government, under such regula- tions as may be prescribed by law ; and in such man- ner as will secure the maximum possible amount therefor. No law shall ever be passed by the general assembly granting any privileges to persons who may have settled upon any such public lands subsequent to the survey thereof by the general government, by which the amount to be derived by the sale, or other disposition, of such lands, shall be diminished, direct- ly or indirectly. The general assembly shall, at the earliest practicable period, provide by law that the several grants of land made by congress to the State shall be judiciously located and carefully preserved and held in trust, subject to disposal, for the use and benefit of the respective objects for which said grants of land were made, and the general assembly shall pro- vide for the sale of said lands from time to time ; and for the faithful application of the proceeds thereof, in accordance with the terms of said grant. Sec. 11. The general assembly may require, by law, that every child of sufficient mental and physical ability, shall attend the public school, during the per- *2 SCHOOL LAWS OF THE STATE OF COLOSAT5DT iod between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means. 1. Kindergartens, p. 100. Sec. 12. There shall be elected by the qualified electors of the State, at the first general election un- der this constitution, six regents of the university, who shall immediately after their election, be so classi- fied by lot, that two shall hold their office for the term of tw r o years, two for four years, and two for six years ; and every two years after the first election, there shall be elected two regents of the university, whose term of office shall be six years. The regents thus elected, and their successors, shall constitute a body corporate, to be known by the name and style of "The Regents of the University of Colorado." 1. The regents are a body corporate. Mills Ann. St., Sec. 4587. Sec. 13. The regents of the university shall, at their first meeting, or as soon thereafter as prac- ticable, elect a president of the university, who shall hold his office until removed by the Board of Regents for cause; he shall be ex officio a member of the board, with the privilege of speaking, but not of vot- ing, except in cases of a tie; he shall preside at the meetings of the board, and be the principal executive officer of the university, and a member of the faculty thereof. Sec. 14. The Board of Regents shall have the general supervision of the university, and the exclu- sive control and direction of all funds of, and appro- priations to the university. Sec. 15. The general assembly shall, by law, pro- vide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors, to be elected by the qualified electors of the district. Said directors shall have control of instruction in the pub- lic schools of their respective districts. 10 SCHOOL LAWS OF THE STATE OF COLORADO. Sec. 16. Neither the general assembly nor the State Board of Education shall have power to pre- scribe text books to be used in the public schools. AETICLE X. Section. 5. Lots, with the buildings thereon, if said buildings are used solely and exclusively for re- ligious worship, for schools, or for strictly charitable purposes, also cemeteries not used or held for private or corporate profit, shall be exempt from taxation, unless otherwise provided by general law. AETICLE XI. PUBLIC INDEBTEDNESS. Section 1. Neither the State, nor any county, city, town, township or school district, shall lend o? pledge the credit or faith thereof, directly or indi- rectly, in any manner to, or in aid of, any person, company or corporation, public or private, for any amount or for any purpose whatever, or become re- sponsible for any debt, contract or liability of any person, company or corporation, public or private, in or out of the State. Sec. 2. Neither the State nor any county, city, town, township or school district shall make any do- nation or grant to, or in aid of, or become a sub- scriber to, or shareholder in, any corporation or com- pany, or a joint owner with any person, company or corporation, public or private, in or out of the State, except as to such ownership as may accrue to the State by escheat, or by forfeiture, by operation or provision of law ; and except as to such ownership as may accrue to the State, or to any county, city, town, township or school district, or to either or any of them, jointly with any person, company or corpora- tion, by forfeiture or sale of real estate for non-pay- ment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either SCHOOL LAWS OF THE STATE OF COLORADO. 11 of them, jointly with any or either of them, under execution in cases of fines, penalties or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested. ****** Sec. 7. No debt by loan in any form shall be contracted by any school district for the purpose of erecting and furnishing school buildings, or purchas- ing grounds, unless the proposition to create such debt shall first be submitted to such qualified electors of the district as shall have paid a school tax therein, in the year next preceding such election, and a ma- jority of those voting thereon shall vote in favor of incurring such debt. ARTICLE XIV. Sec. 8. There shall be elected in each county, on the first Tuesday in October, in the year one thou- sand eight hundred and seventy-seven, and every al- ternate year forever thereafter, one county clerk, who shall be ex officia recorder of deeds and clerk of the board of county commissioners; one sheriff, one cor- oner, one treasurer, who shall be collector of taxes, one county superintendent of schools, one county sur- veyor, and one county assessor. Sec. 9. In case of a vacancy occurring in the office of county commissioner, the governor shall fill the same by appointment; and in the case of a va- cancy in any other county office, or in any precinct office, the board of county commissioners shall fill the same by appointment ; and the person appointed shall hold the office until the next general election, or until the vacancy be filled by election according to law. Sec. 10. No person shall be eligible to any county office unless he be a qualified elector; nor unless he shall have resided in the county one year preceding his election. 12 SCHOOL LAWS OF THE STATE OF COLORADO. SCHOOL LAWS. An Act to establish and maintain a system of free schools, approved March 20, 1877, as amended by subsequent general as- semblies. STATE BOARD OF EDUCATION. Who Constitute State Board. Section 1. The Superintendent of Public In- struction, the Secretary of State and Attorney Gen- eral, shall constitute a State Board of Education, of which the Superintendent of Public Instruction shall be president. [G. S. '83, p. 879, Sec. 2996; Mills Ann. St., Sec. 3965. 1. See Constitution, Art. IX., Sec. 1. When Board Meets By-Laws. Sec. 2. The State Board of Education shall meet at the State capitol on the last Saturday in Decem- ber in each year, and at such other times and places as may by them be deemed necessary, and shall have power to adopt any rules and regulations not incon- sistent with law, for its own government, and for the government of the public schools. [G. S. '83, p. 879, Sec. 2997; Mills Ann. St., Sec. 3966. Grant Diplomas Effect. Sec. 3. The State Board of Education is hereby authorized to grant state diplomas to such teachers as may be found to possess the requisite scholarship and culture, and who may also exhibit satisfactory evi- dence of an exceptional moral character and whose eminent professional ability has been established by not less than two years' successful teaching in the public schools of this State. Such diplomas shall su- SCHOOL LAWS OF THE STATE OF COLORADO. 13 persede the necessity of any and all other examina- tions of persons holding the same, by county, city, town or local examiners, and shall be valid in any county, city, town or district in the State, for the grade of work indicated, unless revoked by the State Board of Education. [L. '99, p. 223, Sec. 1, amending G. L. '77, p. 808, Sec. 2449; amended L. '81, pp. 211, 212, Sec. 1; G. S. '83, p. 879, Sec. 2998; Mills Ann. St., Sec. 3967. State Diplomas. Sec. 4. State diplomas, which may be of differ- ent classes, not to exceed three in number, shall be granted upon public examination, of which due notice shall be given, in such branches and upon such terms and by such State Board of Examiners as the Super- intendent of Public Instruction, the President of the State University, the President of the State Agri- cultural College, the President of the State School of Mines and the President of the State Normal School may appoint ; provided, that the State Superintendent of Public Instruction shall be a member of said Board and the presiding officer thereof. The State Board of Education may also, upon the recommendation of the State Board of Examiners, grant state diplomas with- out examination, to persons who, in addition to good moral character and scholarly attainments, have ren- dered eminent services in the educational work of the State for a period of not less than six years. Such diplomas may be of different classes, not to exceed three in number, as may be prescribed by the State Board of Examiners. [L. '99, p. 224, Sec. 2, amend- ing G. L. '77, p. 808, Sec. 2450 ; G. S. '83, pp. 879, 880, Sec. 2999, as amended by L. '87, p. 379, Sec. 1 ; Mills Ann. St., Sec. 3968. Revoking Diplomas. Sec. 5. The State Board of Education may at any time revoke a State diploma, upon satisfactory 14 SCHOOL LAWS OF THE STATE OF COLORADO. evidence that the holder thereof has become un- worthy of the same ; Provided, That, before revoking any such diploma, the holder thereof shall have at least thirty days' notice to appear before the State board, and refute any charges brought against him. [G. L. '77, p. 808, Sec. 2451 ; G. S. '83, p. 880, Sec. 3000 ; Mills Ann. St., Sec. 3969. SUPERINTENDENT OF PUBLIC INSTRUCTION. Election of State Superintendent. Sec. 6. At the general election, to be held in the year of our Lord one thousand eight hundred and seventy-eight, and every two years thereafter, a State Superintendent of Public Instruction shall be elected by the qualified electors of the state, who shall hold office for the term of two years from the second Tues- day of January next after his election, and until his successor is duly elected and qualified. [G. L. '77, p. 808, Sec. 2452; G. S. '83, p. 880, Sec. 3001; Mills Ann. St., Sec. 3970. Oath and Bond of Superintendent. Sec. 7. Before entering upon his duties he shall take and subscribe the oath of office prescribed by the constitution, and shall also execute a bond in the penalty of five thousand dollars, payable to the State of Colorado, with sureties to be approved by the State Auditor, conditioned upon the faithful discharge of his official duties, and the delivery to his successor of all books, papers, documents and other prop- erty belonging to the office. Said bond and oath shall be deposited with the Secretary of State. [G. L. '77, p. 808, Sec. 2453; G. S. '83, p. 880, Sec. 3002; Mills Ann. St., Sec. 3971. Duties of Superintendent. Sec. 8. He shall have an office at the seat of government, where shall be kept an official seal, and all books and papers appertaining to the business SCHOOL LAWS OF THE STATE OF COLORADO. 15 of his office. He shall file all papers, reports and pub- lic documents transmitted to him by the school offi- cers of the several counties, each year separately, and hold the same in readiness to be exhibited to the Governor, or to any committee of either house of the general assembly. Copies of all papers filed in his office, and his official acts, may be certified by him, and when so certified, shall be evidence equally and in like manner as the original papers. He shall de- cide all points touching the construction of the school laws, which may be submitted to him in writing by any school officer, teacher or other person in the State, and his decision shall be held to be correct and final until set aside by a court of competent jurisdic- tion, or by subsequent legislation ; and said decisions, correspondence and instructions may be communi- cated through the columns of any regularly published periodical that is devoted to the interests of educa- tion. He shall prepare lists of questions for the use of county superintendents at the quarterly examina- tion of teachers, and make such suggestions concern- ing their use as shall tend to secure uniform exam- inations in the different counties; and he may call to his aid, in the preparation of said questions, such assistance as he may deem proper. [G. L. '77, p. 808, Sec. 2454 ; G. S. '83, p. 880, Sec. 3003, as amended by L. '87, p. 380, Sec. 2 ; Mills Ann. St., Sec. 3972. 1. Make compilation of school laws, Sec. 9. 2. Public flag law, p. 99, Sec. 6. 3. In regard to books received for use of supreme court. 1 Mills Ann. St., Sec. 988. Furnish Blanks Cost Prepare Laws. Sec. 9. He shall have a general supervision of all the county superintendents, and of the public schools of the state. He shall prepare, have printed and furnish to teachers and all officers charged with the administration of the laws relating to public schools, such blank forms, registers and books as may be necessary to the discharge of their duties ; but 16 SCHOOL LAWS OF THE STATE OF COLORADO. he shall not copyright such forms, nor be directly nor indirectly compensated by reason of the sale thereof. All registers and blank books so furnished for the use of teachers and school officers shall be charged to the respective counties at cost, and the county superin- tendent of schools shall receipt for and distribute the same among the districts of his county as they may require ; and the amount so charged against each county shall be deducted from the amount appor- tioned to such county at the semi-annual apportion- ment of the state school fund; and the Superintend- ent of Public Instruction shall certify to the State Treasurer the aggregate amount of such deductions, and the Treasurer shall thereupon transfer said amount from the school fund subject to apportion- ment to the general fund. The Superintendent of Public Instruction shall have the laws relating to public schools printed in pamphlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and state libraries with a copy each. Said printing to be paid for out of the printing fund, on warrant of the Auditor, on bills approved by the Superintendent of Public Instruction, and attested by the Secretary of State. [G. L. '77, p. 809, Sec. 2455, as amended by L. '79, p. 161, Sec. 1 ; G. S. '83, p. 880, Sec. 3004 ; Mills Ann. St., Sec. 3973. 1. See Enabling Act, Sec. XIV. Annual Report Visits Expenses. Sec. 10. He shall, on or before the tenth day of December, in every year preceding that in which shall be held a regular session of the general assembly, re- port to the Governor the condition of the public schools, the amount of State school fund apportioned, and sources from which derived, with such sugges- tions and recommendations relating to the affairs of his office as he may think proper to communicate. It shall be his duty to visit annually such counties in the ^ OF THE UNIVERSITY SCHOOL LAWS OF THE STATE OF COLORA State as most need his personal attendance, and all counties, if practicable, for the purpose of inspecting the schools, awakening and guiding public sentiment in relation to the practical interests of education, and diffusing as widely as possible, by public addresses and personal communication with school teachers and parents, a knowledge of existing defects and of desir- able improvements in the government and instruction of the schools ; and he shall open such correspondence as may enable him to obtain all necessary information relating to the system of public schools in other states; and he shall receive out of the state treasury, for actual necessary traveling expenses and other ex- penses while traveling on the business of the depart- ment, not exceeding five hundred dollars per annum, for which he shall render an itemized bill to the Audi- tor of State, who is hereby authorized to draw his warrant therefor; and an office, fuel, furniture, post- age, books, stationery, and other contingent expenses pertaining to his office shall be furnished in the same manner as those of the other departments of the State government. [G. L. '77, p. 809, Sec. 2456; G, S. '83, p. 881, Sec. 3005 ; Mills Ann. St., Sec. 3974. Apportionment of School Fund. Sec. 11. It shall be the duty of the State Auditor to notify the Superintendent of Public Instruction of the amount of money in the State treasury to the credit of the public school income fund, on the thirti- eth days of June and December in each year. Within fifteen days after receiving such notification, the Su- perintendent of Public Instruction shall apportion said fund among the several counties of the State, from which reports have beeen received by said super- intendent, as provided in this act, in proportion to the school population as shown by the report of each county for the year next preceding such apportion- ment, making such deductions as are provided in sec- tion nine of said chapter. And the Superintendent of 18 SCHOOL LAWS OF THE STATE OF COLORADO. Public Instruction shall certify said apportionment to the State Auditor, and upon such certificate the Auditor shall draw his warrant on the State Treas- urer in favor of the county treasurer of each county, for the amount due said county. The Superintendent shall also certify to the superintendent of each county the amount apportioned to such county. [G. L. '77, p. 810, Sec. 2457; G. S. '83, p. 880, Sec. 3006, as amended by L. '87, p. 380, Sec. 3 ; Mills Ann. St., Sec. 3975. 1. Form of report, Sec. 10. Assistant Librarian Salary. Sec. 12. He may employ an assistant librarian, who shall have charge of the State Library, under such regulations as may be prescribed by the State Librarian, or by law. Said assistant shall receive the annual salary of one thousand dollars ($1,000) for his services. [G. L. '77, p. 810, Sec. 2458, as amended by L. '83, p. 263, Sec. 1 ; G. S. '83, p. 882, Sec. 3007 ; Mills Ann. St., Sec. 3976. COUNTY SUPERINTENDENT. Election Oath Bond Term of Office. Sec. 13. There shall be elected in each county, at the general election in the year one thousand eight hundred and seventy-seven, and biennially thereafter, a county superintendent of public schools, who shall take office on the second Tuesday of January next suc- ceeding that on which such election shall be held. He shall hold his office for two years, and until his suc- cessor shall be elected and qualified. Before entering upon the duties of his office, he shall take the oath prescribed by the constitution, and execute a bond payable to the people of the State of Colorado, with two or more sureties, to be approved by the board of county commissioners, in penalty of not less than two thousand dollars, to be increased at the discretion of SCHOOL LAWS OF THE STATE OF COLORADO. 19 said board, conditioned upon the faithful perform- ance of the duties of his office and the delivery of all moneys and property as such superintendent to his successors, which bond shall be filed in the office of the county clerk. [G. L. '77, p. 810, Sec. 2459; G. S. '83, p. 882, Sec. 3008; Mills Ann. St., Sec. 3977. 1. Perform duties until successor qualifies. 1 Mills Ann. St., Sec. 920. Failure to Qualify Vacancy Appointment. Sec. 14. Should the superintendent-elect fail to qualify as aforesaid, or should there occur a vacancy in said office, the board of county commissioners shall at their next meeting after such vacancy or failure to qualify occurs, appoint an eligible and suitable person, who shall qualify within ten days after his appointment, and w r ho shall continue in office until the next general election thereafter. Should such ap- pointee fail to qualify, as aforesaid, another appoint- ment shall be made in the same manner, until the vacancy shall be filled by appointment or election. [G. L. '77, p. 811, Sec. 2460; G. S. '83, p. 882, Sec. 3009 ; Mills Ann. St., Sec. 3978. 1. What constitutes a vacancy. 1 Mills Ann. St., Sec. 924. Examination of Teachers Deputy Compensation. Sec. 15. On the third Friday in August, Decem- ber and March in each year he shall meet all persons of not less than eighteen years of age desirous of passing an examination as teachers, in some suitable room at the county-seat, notice of which shall be given in some newspaper in the county, or, in case there is no paper published in the county, he shall give such notice as may by him be deemed necessary ; at which time he shall examine all such applicants in orthography, reading, writing, arithmetic, Eng- lish grammar, geography, history and constitution of the United States, civil government, physiology, nat- ural sciences, theory and practice of teaching, and the school law of the state. If the applicant is to 20 SCHOOL LAWS OF THE STATE OF COLORADO. teach in a school of high grade, the examination shall extend to such additional branches of study as are to be pursued in such school. If satisfied of the competency to teach, and of the good moral char- acter of the applicant, he shall give such applicant a certificate, as provided in the following section, but he shall not issue a certificate except one of like grade, unless the applicant be examined at the reg- ular stated examinations; he may, however, in case of emergency, recognize county teacher's certificates issued in this or other states by indorsing thereon the words "good until the next regular county ex- amination;" Provided, That the certificate so in- dorsed shall be in full force at the date of such in- dorsement, and shall not be renewed, extended, nor show a previous indorsement thereon. If the attend- ance upon the examination at the county-seat shall work a great hardship to one or more teachers in the county, the county superintendent may provide for such teacher or teachers to take the examination at some convenient place, and the county superin- tendent may appoint some suitable person to con- duct such examination, who shall, without delay, re- port to the county superintendent the written an- swers of each applicant ; such person shall be entitled to $5 per day for conducting such examination, and such services shall be certified by the county superin- tendent to the county commissioners. [G. L. '77, p. 811, Sec. 2461 ; G. S. '83, p. 883, Sec. 3010, as amended by L. '87, p. 381, Sec. 4, as amended by L. '95, p. 234, Sec. 1 ; 3 Mills Ann. St., Sec. 3979. Grades of Certificates Renewals Record. Sec. 16. The certificates issued by the county superintendent shall be of three grades, distinguished as first, second and third. The first grade certificate shall be valid for three years, and may be renewed by the county superintendent of the county in which it was issued; the second grade certificate shall be valid for eighteen months ; the third grade certificate SCHOOL LAWS OF THE STATE OF COLORADO. 21 shall be valid for nine months; Provided, however, That not more than two certificates of the same grade (third grade) shall be issued to the same person. A county superintendent may, upon the application of a teacher holding a first grade certificate, received at a regular examination in another county in the state, and in full force at the time, issue to said teacher a certificate of like grade; Provided, That such certifi- cate shall not show the standing in each branch, nor be subject to renewal, but shall show the conditions upon which it is issued. And he may revoke cer- tificates of any grade at any time, for immorality, incompetency or other just cause. It shall be deemed a violation of law to grant certificates of any of the above grades, except one of like grade, without requiring the applicant to pass a thorough and satisfactory examination in such branches and at such times as are specified in section 15 of this act; and in all such examinations the questions pre- pared by the superintendent of public instruction shall be used. In case a certificate is revoked or refused by the county superintendent, the right of appeal to the state board of education shall not be denied the teacher or applicant, if said appeal be taken within thirty days from date of notice of such revocation or refusal. The county superintendent shall keep an official record in a suitable book of the persons so examined, containing the names, age, na- tivity, date of examination and grade of certificate issued ; he shall also retain for three months the writ- ten ansAvers of all applicants at the regular examina- tions and hold the same subject to the order of the sfate board of education ; Provided, further, That in a school district of the first class the examination may be conducted by the school board of such dis- trict in such manner and at such times as the board may determine, who shall have power to issue dis- trict certificates of the same grades and under the same conditions as are specified in sections 15 and 16 of this chapter; said certificates, however, shall 22 SCHOOL LAWS OF THE STATE OF COLORADO. be reported to the county superintendent, who shall keep a record of the same, and shall be valid only in the district where issued ; such boards may, however, if they see fit, issue certificates without examinations to high school teachers who hold satisfactiry evidence of adequate training for the work they are to do. [G. L. '77, p. 1812, Sec. 2462, as amended by L. '81, p. 212, Sec. 4, as amended by L. '88, p. 264, Sec. 2 ; G. S. '83, p. 883, Sec. 3011, as amended by L. '95, p. 236, Sec. 2 ; 3 Mills Ann. St., Sec. 3980. 1. Section 16 is this section. 2. Questions prepared by Superintendent of Public Instruc- tion, Sec. 8. Deputy How Paid. Sec. 17. If for any cause the superintendent is unable to attend to the duties of his office, he may ap- point a deputy, who shall take the usual oath or af firmation of office, and who may exercise all the func- tions of county superintendent, but such deputy shall draw no salary from the public fund ; Provided, That the superintendent may receive a per diem for the service of such deputy. [G. L. '77, p. 812, Sec. 2463 ; G. S. '83, p. 884, Sec. 3012; Mills Ann. St., Sec. 3981. 1. This section is undoubtedly repealed by L. '91, p. 812, Sec. 1, which was supplanted and thus necessarily repealed by L. '99, p. 395, Sec. 11. See p. 110, Sec. 17, hereof. County Superintendent's Report. Sec. 18. On the first Tuesday of September, in each year, the county superintendent shall make a report to the Superintendent of Public Instruction for the school year ending June 30 next preceding, which report shall contain an abstract of the reports made to him by district secretaries, and such other mat- ters as the Superintendent of Public Instruction may direct, and shall be in such form and upon such blanks as the Superintendent of Public Instruction shall furnish. The county superintendent shall re- tain a copy of all such reports and file the same in his SCHOOL LAWS OF THE STATE OF COLORADO. 23 office. [G. L. '77, p. 812, Sec. 2464 ; G. S. '83, p. 884, Sec. 3013, as amended by L. '87, p. 382, Sec. 5 ; Mills Ann. St., Sec. 3982. Apportionment of County School Fund. Sec. 19. The county superintendent shall ap- portion the general school fund of the county among the several school districts in accordance with the provisions of sections seventy-two and seventy-three of this chapter, quarterly, to-wit: On the first Mon- day in January, April, July and October, in each year, and he may apportion the same at other times if there be sufficient money in the treasury to require it. He shall certify each apportionment promptly to the county treasurer, and shall also notify the secre- tary of each district of the amount placed to the credit of his district. [G. L. '77, pp. 812-813, Sec. 2465; G. S. '83, p. 884, Sec. 3014, as amended by L. '87, p. 382, Sec. 6; Mills Ann. St., Sec. 3983. Duties of County Superintendent. Sec. 20. It shall be the duty of the county su- perintendent to exercise a careful supervision over the schools of his county, to visit each school at least once during each quarter it is in session, to see that all the provisions of this act are observed and fol- lowed by teachers and school officers; to examine the accounts of the district officers to see if such accounts are properly kept, and all district funds properly ac- counted for ; to keep, in a good and substantial bound book, a record of his official acts, and of all other matters required by law to be recorded; to obey the legal instructions and decisions of the Superintendent of Public Instruction. He shall also keep a record of the registers, record books and order books fur- nished by the several districts of his county; and it shall be his duty to hold county teachers' associations whenever, in his judgment, the interests of the school work demand it; the records of the county superin- tendent's office shall be open to the inspection of any 24 SCHOOL LAWS OF THE STATE OF COLORADO. citizen of the county, and within one weeek from the close of each school year he shall publish in some newspaper published in the county, if there be such a paper, a statement of the apportionment of school funds for the year preceding. [G. L. '77, p. 813, Sec. 2466; G. S. "83, p. 884, Sec. 3015, as amended by L. '87, p. 382, Sec. 7; Mills Ann. St., Sec. 3984. Penalty for Failure to Report. Sec. 21. If the county superintendent fails to make a full and correct report to the Superintendent of Public Instruction, as provided by law, and shall, after written request or notice from the Superintend- ent of Public Instruction, or from the board of county commissioners, delay more than ten (10) days after the service of such notice to make such report, he shall forfeit the sum of one hundred dolllars, which sum the board of county commissioners may deduct from any money due him; said forfeit may, however, be recovered by suit, upon his official bond. [G. L. ? 77, p. 813, Sec. 2467; G. S. '83, p. 885, Sec. 3016; as amended by L. '87, p. 383, Sec. 8 ; Mills Ann. St., Sec. 3985. Administer Oaths. Sec. 22. The county superintendent shall have power, and is hereby authorized, to administer oaths and affirmations to school directors, teachers and all other persons in official matters relating to schools; but shall receive no fee for so doing. [G. L. '77, p. 813, Sec. 2468; G. S. '83, p. 885, Sec. 3017; Mills Ann. St., Sec. 3986. Appoint Directors. Sec. 23. The county superintendent shall ap- point directors for any district which fails to elect, as provided in section 44, and shall fill vacancies that may occur in any board of directors by reason of death, removal from office or from the district, resig- nation or otherwise, except in boards of directors of SCHOOL LAWS OF THE STATE OF COLORADO. districts of the first class, and the officers so appointed shall hold office only until the ensuing regular elec- tion. [G. L. '77, p. 813, Sec. 2469 ; G. S. '83, p. 885, Sec. 3018; Mills Ann. St., Sec. 3987. Boundaries of School Districts. Sec. 24. It shall be the duty of the county su- perintendent to ascertain the boundaries of each school district in his county, and to make and keep a record of the same in a suitable bound book, which record shall show definitely the boundaries of each district. In case the boundaries are found to be con- flicting or incorrectly described, he shall harmonize the same and make a report of such action to the board of school directors whose districts are affected thereby. District officers shall have access to such records for the purpose of examination, making cop- ies, or for other legitimate purposes. The county su- perintendent shall prepare, or have prepared, a map of the county, showing the correct boundaries of the districts. [G. L. '77, p. 814, Sec. 2470; G. S. '83, p. 885, Sec. 3019 ; as amended by L. '87, p. 383, Sec. 9 ; Mills Ann. St., Sec. 3988. Compensation of County Superintendents Office Hours. Sec. 25. The commissioners shall provide him with a suitable office at the county seat, and all neces- sary blank books, stationery, postage, expressage and other expenses of his office, not otherwise provided for, which last mentioned expenses shall be paid for from the county fund. He shall keep his office open for the transaction of official business such days each week as the duties of the office may require. [G. L. '77, p. 814, Sec. 2471 ; G. S. '83, p. 885, Sec. 3020, as amended by L. '87, p. 383, Sec. 10; Mills Ann. St., Sec. 3989. ' 1. The following was the first part of this section prior to the passage of L. '91, page 312, 14, 3 Mills' Ann. St., 1936u, which was amended by L. '99, page 394, 10; same, page 109, 14 hereof: "For the time necessarily spent in the discharge of his duty he shall receive five (5) dollars per day, and fifteen (15) cents for 26 SCHOOL LAWS OF THE STATE OF COLORADO. each mile necessarily traveled one way. He shall, as far as prac- ticable, render an itemized bill of his services and mileage, each month or quarter, to the board of county commissioners, and shall make oath that the bill is just and correct; whereupon the county commissioners shall order a warrant on the county treasurer, pay- able from the general county fund; Provided, That the annual salary so received shall in no case exceed one hundred dollars for each regularly organized public school in the county." Duties of County Treasurer. Sec. 26. It is hereby made the duty of the county treasurer in each county, to keep a separate account with each school district in his county, to place to the credit of each the amount of money as certified to by the county superintendent, as provided in section nineteen, and to pay over the money so collected, upon the presentation of the legally-drawn warrants or or- der of the district officers entitled to draw the same ; Provided, That if the county superintendent shall notify the county treasurer, in writing, that there has been a failure on the part of any board of directors to comply with the law, and that said money should be withheld from said board of directors, he shall re- tain the same until further notice from the county superintendent; on or before the 5th day of July in each year, he shall render, to the county superintend- ent of schools, a statement of the receipts and dis- bursements on account of the several districts, of all the school funds which have passed through his hands during the school year next preceding, and at the same time he shall render to each district secre- tary a statement of receipts and disbursements of such district. All money which shall become for- feited by any district shall be put into the general school fund, and be re-apportioned as other moneys. [G. L. '77, p. 814, Sec. 2472; G. S. '83, p. 886, Sec. 3021, as amended by L. .'87, p. 384, Sec. 11; Mills Ann. St., Sec. 3990. 1. Report fines collected, p. 101, Sec. 2. SCHOOL LAWS OF THE STATE OF COLORADO. 27 ORGANIZATION OF DISTRICTS, ETC. New Districts Petition Unorganized Territory. Sec. 27. For the purpose of organizing a new district out of a portion of one or more old districts, the parents of at least ten children of school age re- siding within the limits of the proposed new district, shall petition the county superintendent, in writing, which petition shall describe the boundaries of the proposed district, and the names of all children of school age residing in such proposed district at the date of said petition ; and said list of names shall be held to be the census list of said district until the next regular census shall be take*n, and if any names are found on said list, and also on other census lists for the current year, if the county superintendent is sat- isfied that the children so named are bona fide resi- dents of the proposed district, he shall strike such names from the lists of the old districts, when the or- ganization of the new district is complete. If, in the judgment of the county superintendent, the school in- terest of the districts affected by the proposed change, will be best promoted by said change, he shall direct some one of the petitioners who is a legal voter, to notify each elector residing within the district so to be formed, by personal service as far as convenient, and to post a notice in three public places in said new district, that such petition has been made, and that a meeting will be held, naming the time and place for such meeting^ to determine the question of the proposed organization. People living upon unorgan- ized territory may organize themselves into a school district at any time, without a petition, if a majority of the legal voters residing within the proposed dis- trict shall so decide at a meeting, of which reasonable notice has been given to all resident voters, and which meeting shall be conducted as is now provided by law for the organization of new districts; Provided, That, in addition to the copy of the proceedings now 28 SCHOOL LAWS OF THE STATE OF COLORADO. required by law, the secretary shall also transmit to the county superintendent a certified list of all chil- dren of school age who are residents in good faith in said district at the date of the organization, which list shall be held to be the census list of said district until the next regular school census. [G. L. '77, p. 815, Sec. 2473, as amended by L. '81, p. 213, Sec. 5 ; G. S. '83, p. 886, Sec. 3022; Mills Ann. St., Sec. 3991. New Districts How Organized Election of Directors. Sec. 28. The qualified electors of such proposed new district, when assembled in accordance with the notice above required, shall organize by electing a chairman and secretary. Every legally qualified elec- tor, and none other, shall be entitled to vote at such meeting. After the organization of such meeting, as above mentioned, a vote shall be taken by ballot on the question whether or not the proposed district shall be organized. Those in favor of organization shall vote "Yes," and those opposed "No." If two-thirds of the legal voters so voting are found to be in favor of such organization, and not otherwise, the meeting shall proceed to elect by ballot a board of directors of said district, who shall hold office until the ensuing general election, as provided for in section forty-four of this act. The secretary of said meeting shall imme- diately transmit to the county superintendent a copy of the proceedings of the meeting, upon the receipt of which, if the proceedings are found to have been in accordance with law, he shall establish and number such district and enter a record of the same, and of the proceedings of the meetings, as provided in sec- tion twenty-four of this act; Provided, If such or- ganization of a new district works great hardships to any head of a family, a statement of the facts may be submitted to the superintendent and two disinter- ested persons, one to be named by the superintendent and one by the person affected, and if in their judg- ment good cause be shown for the transfer, he may be transferred to another district; Provided, further, SCHOOL LAWS OF THE STATE OF COLORADO. 29 That no district shall hereafter be divided for the pur- pose of forming a new district, unless it contains an area of more than nine square miles ; nor shall a dis- trict be divided if by so doing the remainder of the district shall be found to contain less than fifteen per- sons of school age, and Avhen practicable the district shall conform to government lines; Provided, also, That no city or town shall hereafter be divided into two or more districts, and districts of the first class shall not be divided except upon a vote of the elec- tors of the district, submitted at an annual election, and a majority of all the votes cast being in favor of such division. [G. L. '77, p. 815, Sec. 2474; G. S. '83, p. 887, Sec. 3023, as amended by L. '89, p. 333, Sec. 1 ; Mills Ann. St., Sec. 3992. Uniting- Two or More Districts Territory Annexed or De- tached. Sec. 29. Two or more contiguous districts may be united into one district. For the purpose of effect- ing such union, each district shall, at a special meet- ing legally called for the purpose, determine by bal- lot whether or not a majority of the legal voters as- sembled are in favor of such union. Those in favor will vote "Yes," and those opposed "No." If a ma- jority of the voters present, in each district, vote in favor of a union, a union meeting shall be called by giving at least ten days' public notice, at which meet- ing the organization shall be perfected by the election of officers and other necessary proceedings, in the same manner as provided for the organization of dis- tricts in section twenty-eight of this chapter. Upon receiving notice from the county superintendent, of such union of districts, it shall be the duty of the county treasurer to transfer all funds belonging to said districts to the credit of the new district thus formed. A portion of unorganized territory may be annexed to a school district ; or a portion of one dis- trict may be detached from said district and annexed to a contiguous district, by the county superintendent, 30 SCHOOL LAWS OF THE STATE OF COLORADO. upon petition, in either case, of a majority of the legal voters resident within the territory to be so annexed, subject always to the limitation provided in section twenty-eight, [G. L. '77, p. 816, Sec. 2475 ; G. S. '83, p. 887, Sec. 3024, as amended by L. '87, p. 375, Sec. 13; Mills Ann. St., Sec. 3993. When a New District Shall Be Entitled to Public School Money Proviso. Sec. 30. No new district, formed as provided in sections twenty-seven and twenty-eight of this chap- ter, shall be entitled to any portion of the public school money until a school has actually commenced therein, and unless within six (6) months from the establishment of such district a school be opened and maintained, as required by law, the action making such district shall be void, and all actions had by such district, acting as a body corporate, shall cease and determine, and all taxes which may have been levied in the old district or districts out of which the new one was formed, shall be valid and binding upon the real and personal property of the new district, the same as if the new district had never been organized ; Provided, That the county superintendent may, for good cause, extend the said six (6) months to eight (8) months; said time of limitation shall begin to run from the time of the meeting at which it was voted to organize the district; whenever any district shall, for the period of one year, fail to maintain, a school and keep up its organization of officers, and to make annual report as required by law, the county superin- tendent may declare such district annulled, and annex its territory to adjoining district or districts. [G. L. '77, p. 817, Sec. 2476 ; G. S. '83, p. 888, Sec. 3025, as amended by L. '87, p. 386, Sec. 14; Mills Ann St., Sec. 3994. Organization of Joint Districts. Sec. 31. A joint school district may be formed from territory belonging to two or more contiguous SCHQOL LAWS OP THE STATE OF COLORADO. 31 counties. For the purpose of organizing a joint dis- trict, the same preliminary steps shall be taken, and the same course pursued as is provided for the organ- ization of other districts, in sections twenty-seven and twenty-eight. Such district shall be designated as "Joint District No , of the counties of and , and shall be so numbered that it shall have the same number in all the coun- ties from which it is formed." The petition required by section twenty-seven shall be made to each county superintendent interested, who shall unite in form- ing such districts; Provided, That the school census, the record of attendance at school, the assessing of property, the collection of taxes, and all other acts which from their nature should be separately kept or done, shall be kept and done, and the reports thereof made, as if each portion of said joint district be- longing to each county were an entire district in the respective counties. The teachers of such joint dis- trict shall have a certificate from the superintendent of the county in which the school house is located. No joint district shall be annulled except by the con- sent of the county superintendents of the counties in which such district is located; Provided, That when any joint district desires to be annulled for the purpose of forming separate districts, it shall require a majority vote of the voters constituting said joint district, at a meeting called for such pur- pose. [G. L. '77, p. 817, Sec. 2477 ; G. S. '83, p. 888, Sec. 3026, as amended by L. '87, p. 387, Sec. 15; Mills Ann. St., Sec. 3995. When New District Entitled to Share of Funds Apportion- ment. Sec. 32. When a new district is formed from one or more old ones, the school funds remaining to the credit of the district, after providing for all outstand- ing debts, excepting debts incurred for building and furnishing school houses, shall be divided as follows : The basis of division for the school fund shall be the 32 SCHOOL LAWS OF THE STATE OF COLORADO. school population, as shown by the last school census before the division of the district or districts oc- curred, and shall apply such funds as remain to the credit of said old district or districts at the time of the organization of the new district, and each district shall receive funds in proportion to its per cent, of the said census. In case of division, each district shall own and hold all permanent property, such as sites, school houses and furniture situated within its boundaries. All division of funds under this provision shall be made by the county superin- tendent, and when there are unpaid special taxes on the county tax book, belonging to a district at the date of its division, the county treasurer, upon being noti- fied of such division by the county superintendent, shall retain all money received in payment of said special tax until the same shall be apportioned by the county superintendent, whose duty it shall be to apportion said money monthly, between the fractions of the divided district, according to the location of the property on which said tax was levied. At the first apportionment after the organization of a new district, the county superintendent shall apportion to such district its per capita proportion of the gen- eral fund, but no money, either from the general or special fund, shall be paid out of the county treasury on account of such district until a school [house] shall have been begun therein in good faith. [G. L. '77, p. 818, Sec. 2478, as amended by L. '83, p. 267, Sec. 6 ; G. S. '83, p. 888, Sec. 3027, as amended by L. '87, p. 387, Sec. 16, as amended by L. '89, p. 299, Sec. 1; Mills Ann. St., Sec. 3996. Union High School How Established. Sec. 33. Whenever the school boards of two (2) or more contiguous school districts shall each deem it advisable to establish a union high school, the county superintendent shall, at the request of two (2) of the secretaries of the boards, call a meeting of the boards interested by giving personal notice to each SCHOOL LAWS OF THE STATE OF COLORADO. 33 member, which meeting shall elect by ballot from among the members of said boards, if a majority of the members of each board are present, a committee of three ( 3 ) , to be known as the High School Commit- tee of such union school. The county superintendent shall be, ex officio, an additional member of said com- mittee, and shall preside at the meetings thereof. There shall be elected a secretary of such committee, and if need be a treasurer. In any case in which the county seat of any county shall be all included in one school district, the board of such school district shall have the same powers of establishing and or- ganizing a high school as are hereby given to the boards of two or more contiguous school districts, and in such case the high school committee shall be the board of such school district, or such three members as they may select. High schools formed under the provisions of this section shall be open to children from all districts of the county in which they are so formed; Provided, Such children are qualified, as hereinafter provided. [G. L. '77, p. 818, Sec. 2479; ( r. S. '83, p. 389, Sec. 3028, as amended by L. '89, p. 337, Sec. 1; Mills Ann. St., Sec. 3997. 1. High schools of counties of fourth and fifth classes, p. 103, Sec. 1, etc. High School Committee Term Vacancies. Sec. 34. The members of said high school com- mittee shall hold the office for and during the term they are members of their respective boards. All vacancies in said committee, other than such as are caused by the expiration of the term of office, shall be filled by the school board of which the person so vacating was a member. The secretary shall be elected annually, and may receive such compensation as the committee shall deem proper to allow. [G. L. '77, p. 818, Sec. 2480; G. S. '83, p. 889, Sec. 3029; Mills Ann. St., Sec. 3998. 1. Committee on high schools in counties of fourth and fifth classes, p. 104, Sec. 2. 34 SCHOOL LAWS OF THE STATE OF COLORADO. High School Committee Meetings. Sec. 35. The regular meetings of the high school committee shall be held on the first Saturday of March, June, September and December of each year, and special meetings may be held at any time upon the call of the county superintendent, or of two (2) members of the committee. [G. L. '77, p. 819, Sec. 2481 ; G. S. '83, p. 889, S.ec. 3030 ; Mills Ann. St., Sec. 3999. Powers of Committee. Sec. 36. Said committee shall exercise all the powers and perform all the duties, with reference to said high school, that are accorded to and required of school boards throughout the State, as provided in section fifty [50] of this act, and shall have power to establish and prescribe the qualifications and manner of examination for admittance to the high school. [G. L. '77, p. 819, Sec. 2482; G. S. '83, p. 889, Sec. 3031 ; Mills Ann. St., Sec. 4000. 1. Section 50 referred to is Sec. 51. How Maintained Proportion of School Fund Deficit. Sec. 37. After the first establishment of such a high school, it shall be maintained until the then next regular apportionment of the county school fund, as follows: Each district, which shall have any chil- dren attending such high school, shall draw from its school fund, and cause to be placed to the credit of [the] high school fund, such part of the whole ex- penses as shall be proportioned to the number of pu- pils attendant at such high school from such district ; Provided, It is with the approval of the directors of said district. After the first year, or part of a year, so as above provided for, the said high school shall, so far as practicable, be rated as a separate district. It shall be entitled to draw from the general, State and county funds its quota for attendance, as provided by section seventy-two of this act, and the deficit shall be made up from the several district funds in proportion SCHOOL LAWS OF THE STATE OF COLORADO. 35 to [the] number of pupils from each district who at- tended said high school during the then past year. [G. L. '77, p. 819, Sec. 2483; G. S. '83, p. 890, Sec. 3032, as amended by L. '89, p. 338, Sec. 2 ; Mills Ann. St., Sec. 4001. Forty Weeks Annually Who May Be Admitted. Sec. 38. The high school may be maintained dur- ing forty (40) weeks in each year, and shall be free to all children in the county who are qualified for ad- mission, according to the requirements prescribed by the committee, and all children in the county who are so qualified, and who can pass the examination pre- scribed by the committee shall be entitled as of right to attend said high school. [G. L. '77, p. 819, Sec. 2484 ; G. S. '83, p. 890, Sec. 3033, as amended by L. '89, p. 338, Sec. 3 ; Mills Ann. St., Sec. 4002. Every District Contributing Has Voice in Election. Sec. 39. Every district in the county which con- tributes to the support and patronage of said high school shall, by its board of directors, be entitled to a voice in the election of members of the committee. [G. L. '77, p. 819, Sec. 2485; G. S. '83, p. 890, Sec. 3034 ; Mills Ann. St., Sec. 4003. SCHOOL DISTRICTS, OFFICERS AND ELECTIONS. School Districts to Be Bodies Corporate. Sec. 40. Each regularly organized school dis- trict heretofore formed, or that may be formed, as provided in this chapter, is hereby declared to be a body corporate, by the name and style of "School dis- trict No , in the county of , and State of Colorado," and in that name may hold property and be a party to suits and contracts, the same as munici- pal corporations in this State. [G. L. '77, p. 820, Sec. 2486 ; G. S. '83, p. 890, Sec. 3035, as amended by L. '87, p. 388, Sec. 17; Mills Ann. St., Sec. 4004. 36 SCHOOL LAWS OF THE STATE OP COLORADO. Directors Classification of Districts. Sec. 41. There shall be elected in each school dis- trict of the State, annually, and in the manner pre- scribed in section forty-four of said chapter, a board of directors. The number of persons that shall con- stitute each board of directors shall be determined as follows: The school districts shall be classified into first (1st), second (2d) and third (3d) classes; dis- tricts containing a school population of more than one thousand (1,000) shall be denominated districts of the first (1st) class; districts containing a school population of three hundred and fifty ( 350 ) , and not exceeding one thousand ( 1,000 ) , shall be denominated districts of the second (2d) class, and districts con- taining a school population of less than three hun- dred and fifty (350) shall be denominated districts of the third (3d) class. At the regular election in 1887, as provided in section forty- four of said chapter, all districts in the first (1st) class shall elect, by bal- lot, one (1) director for three (3) years; and at the regular election in 1888, one (1) director for three (3) years and one (1) director for four (4) years; and at the regular election in 1889, one (1) director for four (4) years and one (1) director for five (5) years; and annually thereafter there shall be elected one (1) director for five (5) years. All districts of the second and third classes shall elect one ( 1 ) presi- dent for three (3) years, one (1) secretary for two (2) years, and one (1) treasurer for one (1) year, and annually thereafter there shall be elected for three (3) years a person to fill the vacancy occurring; Provided, That this shall not apply to districts of the second and third classes already organized. School boards of the first class shall, at their first meeting after their election, elect a president, who shall be a member of the board ; a secretary, who may or may not be a member of the board; and a treasurer, who shall not be a member of the board, and who shall hold office for one year and until their successors are SCHOOL LAWS OF THE STATE OF COLORADO. 37 elected and qualified. In districts of the first and second classes the boards, after organization, shall exercise all the power given the electors of districts of the third class, as specified in section sixty-three of this chapter. [G. L. '77, p. 820, sec. 2487, as amended by L. '83, p. 267, Sec. 7; G. S. '83, p. 890, Sec. 3036, as amended by L. '87, p. 388, Sec. 18 ; Mills Ann. St., Sec. 4005. Legal School District When Second Class Districts Become First Class. Sec. 42. Every school district in the state which now exercises the prerogatives of a school district, and the legality of whose organization has not been legally denied, and which has a board of directors, duly qualified according to law, and has exercised the rights and enjoyed the privileges of a legally and reg- ularly established district for one year, shall be, and is hereby declared to be, a legal school district, and all district officers shall hold office until their successors are qualified. When school districts of the second (2d) class shall attain a school population of one thousand (1,000) or more, as shown by the annual census, at the next regular election thereafter, as pro- vided in section forty-four of this act, there shall be elected one (1) director for three (3) years, and one (1) director for four (4) years, and one (1) director for five (5) years, and annually thereafter one (1) director for five (5) years, as provided for in districts of the first (1st) class; and the persons so elected, to- gether with the directors whose official terms have not expired, shall constitute the new board, which board shall enter upon the duties prescribed by law for boards of directors of districts of the first (1st) class. [G. L. '77, p. 821, Sec. 2488, as amended by L. '79, p. 165, Sec. 7; G. S. '83, p. 891, Sec. 3037, as amended by L. '87, p. 389, Sec. 19 ; Mills Ann. St., Sec. 4006. 38 SCHOOL LAWS OF THE STATE OF COLORADO. Legal Districts What Constitutes. Sec. 43. All school districts now formed, or which may hereafter be formed, which shall continue to exercise, undisputed, the prerogatives and enjoy the privileges of a legally formed district, for the period of one year next succeeding the election of its officers, shall be deemed to be a legally formed dis- trict, and its legality shall not thereafter be ques- tioned. [G. L. '77, p. 821, Sec. 2489 ; G. S. '83, p. 891, Sec. 3038; Mills Ann. St., Sec. 4007. Annual Elections Notices Posted Publication Ballot. Sec. 44. The regular election for electing mem- bers of school boards shall be held annually in each district on the first Monday in May, at which time it shall be lawful to transact any business pertaining to schools and school interests. The secretary of each school board shall cause written or printed no- tices to be posted, specifying the day and the place or places of such election, and the time during which the ballot box or boxes shall be kept open, not less, however, than three hours, and further specifying at what hour and place any other business shall be transacted. Said notices shall be posted in at least three public places in the district, one of which shall be the school house, if there be one, at least six days previous to the time of election; and in districts of the first class, said notice shall be published weekly for the four weeks next preceding such election, in some newspaper published in the district, and if there be no paper published in such district, then in a paper published in an adjoining district. If the secretary fail to give such notice, then any two (2) legal voters residing in the district may give such notice over their own names, and such election may be held after the day fixed by this act for such election. All elec- tions shall be by ballot, and in the absence of a notice specifying the hour, the ballot box shall be opened at nine (9) o'clock, a. m., and closed at four (4) p. m. SCHOOL LAWS OF THE STATE OP COLORADO. 39 In districts of the first class, the school boards may order more than one voting place in the district, fix the voting places and the limits of the voting pre- cincts, and appoint three (3) judges and necessary clerks for each voting place, in addition to those pro- vided for in section forty- five. [G. L. '77, p. 821, Sec. 2400 ; G. S. '83, p. 892, Sec. 3039, as amended by L. '87, p. 376, Sec. 1; Mills Ann. St., Sec. 4008, as amended by L. '91, p. 317, Sec. 1; 3 Mills Ann. St., Sec. 4008. * Qualifications* of Electors Sex Oath Penalty for Illegal Voting Proposition to Create Debt. Sec. 45. Every elector legally qualified to vote at a general election, having been a resident of the school district for thirty ( 30 ) days next preceding the day of election, shall be entitled to vote; Provided, That no person shall be denied the right to vote at any school district election, or to hold any school dis- trict office on account of sex ; Provided, further, That in districts of the first (1st) and second (2nd) class, any person who may desire to be a candidate for the office of school director, shall file a written notice of such intention with the secretary of the school dis- trict in which he resides at least eight (8) days prior to the day of the holding of the annual election for school directors, and the secretary of said school dis- trict shall for five (5) consecutive days preceding the day of said election, publish in some daily paper, or when no daily paper is published in such district, then by posting printed or written notices in not less than five (5) public places in such district, the names of all candidates who shall have so filed no- tice of such intention; and the said secretary shall also have printed or written ballots prepared, bear- ing the names of all candidates who have certified such intention of being candidates, as aforesaid, printed or written thereon, and no person other than those whose names appear upon the ballot so pre- pared, shall be voted for. Any person offering to 40 SCHOOL LAWS OF THE STATE OF COLORADO. vote may be challenged by any legally qualified elector of the district, and any one of the judges of election shall thereupon administer the person chal- lenged an oath, as follows : "You do swear (or affirm) that you are a citizen of the United States, or that you have declared your intention to become such; that you have resided in the state of Colorado six (6) months immediately preceding this election ; that you are twenty-one (21) years of age; that you have resided in this district thirty (30) days next preced- ing this election; and that you have nqt voted at this election. So help you God (or under the pains and penalties of perjury. ) " If he shall refuse to take such oath or affirmation, his vote shall be rejected. Any person guilty of voting illegally, shall be pun- inshed as provided in the general election laws of this state. The president, secretary and treasurer of the district school board shall act as judges of the elec- tion, except as otherwise provided in section forty- four and should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter to fill the vacancy; Provided, how- ever, That at all elections held for voting upon a proposition to create or contract a debt by loan for the purpose of erecting or furnishing a school build- ings, or purchasing school grounds, only such quali- fied electors of the district shall vote thereat as shall have paid a school tax in such district for the year next preceding such election. [G. L. '77, p. 822, Sec. 2491 ; G. S. '83, p. 892, Sec. 3040, as amended by L. '87, p. 390, Sec. 20; Mills Ann. St., Sec. 4009, as amended by L. '93, p. 437, Sec. 1; 3 Mills Ann. St., Sec. 4009. 1. Women enfranchised. L. '93, p. 256, Sec. 1; 3 Mills Ann. St., Sec. 1571a. Counting Votes Tie Special Election. Sec. 46. Immediately after the closing of the polls, the judges shall meet at -one of the voting places as shall have been previously designated by SCHOOL LAWS OF THE STATE OF COLORADO. 41 the school board, and shall proceed to count the votes, and the person or persons qualified to be elected who shall receive the largest number of votes, shall be declared elected, and a report of the said election, signed by the judges, shall be transmitted to the school board. If, for any cause, no election be held at the regular time, or if, upon counting the votes, there be a tie vote for any one or more of the officers, a special election shall be called by the board within ten (10) days, and notice thereof given, as required in Section forty-four of this act. A failure to give the prescribed notice of such special election shall render the election void. [G. L. '77, p. 822, Sec. 2492 : G. S. '83, p. 892, Sec. 3041; Mills Ann. St., Sec. 4010, as amended by L. '91, p. 319, Sec. 3; 3 Mills Ann. St., Sec. 4010. Applies to All School Elections. Sec. 46. a. The general provisions of Sections 44, 45, 46 shall be applicable to all school elections, whether general or special, or for whatever purpose held. [L. 91, p. 319, Sec. 4; 3 Mills Ann. St., Sec. 4010 a. Directors Qualify Within Twenty Days Vacancies Treas- urer's Bond and Report Oath of Office. Sec. 47. The directors shall each, within twenty (20) days after his or her election, appear before some officer authorized to administer oaths, and take oath that he or she will faithfully perform the duties of his or her office required by law, which oath shall be filed with the county superintendent; and, in case of failure so to qualify, his or her office shall be deemed vacant, and the county superintendent shall appoint a suitable person, who shall qualify immediately. If the amount of money liable to come into the hands of the treasurer, in the discharge of his official duties, exceed twenty dollars at any one time, he shall be required to give bond in double the amount of money 42 SCHOOL LAWS OF THE STATE OF COLORADO. liable to come into his hands, said bond to be ap- proved by, and filed with, the county superintendent. The directors-elect shall take office immediately after qualifying, as aforesaid; Provided, That any district treasurer, who shall refuse to give bond as above, when required to do so by the other members of the board, shall be disqualified from receiving any money on district account until a satisfactory bond is exe- cuted. The oath of office required in this section may be administered by a president of a school board; and it is hereby made the duty of the district treas- urer of all first-class districts to publish, semi-an- nually, in some newspaper published within the county wherein such district may be located, a com- plete and full report of all receipts and expenditures of the said district's funds. [G. L. '77, p. 822, Sec. 2493; G. S. '83, p. 893, Sec. 3042, as amended by L. '87, p. 391, Sec. 21 ; Mills Ann St., Sec. 4011. Powers of Directors. Sec. 48. Any school board shall have power to make such by-laws for their own government and for the government of the public schools under their charge, as they may deem expedient, not inconsistent with the provisions of this act, or the instructions of the Superintendent of Public Instruction. District boards of the first class shall also have power to fill any vacancy which may occur in the board, until the regular election, at which time the vacancy shall be filled for the unexpired term. [G. L. '77, p. 823, Sec. 2494; G. S. '83, p. 893, Sec. 3043; Mills Ann. St., Sec. 4012. 1. County Superintendents fill vacancy, except in first class. Sec. 23. Districts May Hold Real Estate Proviso. Sec. 49. It shall be lawful for any school dis- trict in this State to take and hold, under the pro- visions of chapter thirty-one of the General Laws, so much real estate as may be necessary for the loca- SCHOOL LAWS OF THE STATE OF COLORADO. 43 tion and construction of a school house and con- venient use of the school; Provided, That the real estate so taken, otherwise than by the consent of the owner thereof, shall not exceed one acre. [L '83, p. 263, Sec. 1; G. S. '83, p. 893, Sec. 3044; Mills Ann. St., Sec. 4013. 1. Chapter thirty-one referred to is the chapter on "Emi- nent Domain." See 1 Mills Ann. St., p. 1097. Regular Meetings of Board. Sec. 50. The regular meeting of each board shall be held on the last Saturday of March, June, September and December. The board may, however, hold such other regular, special or adjourned meet- ings as they may from time to time determine, or as may be specified in their by-laws. [G. L. '77, p. 823, Sec. 2495; G. S. '83, p. 893, Sec. 3045; Mills Ann. St., Sec. 4014. Powers of School Boards. Sec. 51. Every school board, unless otherwise especially provided by law, shall have power, and it shall be their duty : First To employ or discharge teachers, mechan- ics and laborers, and to fix and order paid their wages ; to determine the rate of tuition for non-resident pupils, and to fix the compensation to be allowed the secretary for the time necessarily spent in the service of the district, as required by law, or as directed by the board ; Provided, It shall be unlaAvful to pay any other member of the board, from the district funds, for his services as a member of such board. Second To enforce the rules and general regu- lations of the State Superintendent, to fix the course of study, the exercises and the kind of text books to be used; Provided, That but one kind of text book of the same grade or branch of study shall be used in the same department of a school, and that after the adoption of any book, it shall not be changed in less 44 SCHOOL LAWS OF THE STATE OF COLORADO. than four years, unless the price thereof shall be un- warrantably advanced, or the mechanical quality low- ered, or the supply stopped. Third To provide for school furniture, and for everything needed in the school house, or for the use of the school board. Fourth To rent, repair and insure school houses. Fifth To build or remove school houses, and to purchase or sell school lots, when directed by a vote of the district so to do. Sixth To hold in trust for their district all real or personal property for the benefit of the school thereof. Seventh To suspend or expel pupils from school, who refuse to obey the rules thereof, and to exclude from school, children under six years of age. Eighth To determine, the number of teachers that shall be employed, and length of time over and above three (3) months that the school shall be kept; to fix the time for the opening or closing of schools, and for the dismissal of primary pupils before the regular time for closing the schools. Ninth To provide books for indigent children, on the written statement of the teachers that the par- ents of such children are not able to purchase them, and to furnish free text books for the use of all pupils, when authorized to do so by a majority vote of the district, as expressed at any regular or special meet- ing. Tenth To require all pupils to be furnished with the proper and suitable books as a condition of mem- bership in school. Eleventh To exclude from school and school li- braries all books, tracts, papers and other publica- tions of an immoral or pernicious tendency. Twelfth To require teachers to conform to the law. SCHOOL LAWS OF THE STATE OF COLORADO. 45 Thirteenth To make an annual report, as re- quired by law, to the county superintendent, on or before the first day of August of each year, in the manner and form and on the blanks prescribed and furnished by the Superintendent of Public Instruc- tion. Fourteenth To make a report directly to the State Superintendent, whenever instructed by him so to do. Fifteenth Whenever a pupil resident in one dis- trict desires to attend school in another district, such pupil shall be permitted to do so; Provided, That the board may refuse to admit pupils from other dis- tricts upon the ground of insufficient room. [G. L. '77, p. 823, Sec. 2496 ; G. S. '83, p. 893, Sec. 3046, as amended by L. '87, p. 391, Sec. 22; Mills Ann. St., Sec. 4015. District High School Building Leasing Directing. Sec. 52. The school boards of districts of the first and second classes shall have the power to es- tablish a separate high school whenever they shall deem it expedient or necessary, and shall have power to determine the qualifications for admission to such school, and shall exercise all the powers with refer- ence to such high school which are accorded to them in relation to the schools of lower grade; Provided, That no school board shall build or lease any build- ing especially for such high school, unless authorized to do so by a vote of the district, as provided in sec- tion sixty- two (62) of this act. [G. L. '77, p. 825, Sec. 2497; G. S. '83, p. 895, Sec. 3047; Mills Ann. St., Sec. 4016. 1. Section 62 referred to is section 63 hereof. 2. Union high schools. Sec. 33. 3. High schools in counties of fourth and fifth classes p 103, Sec. 1. etc. 40 SCHOOL LAWS OF THE STATE OF COLORADO. President Signs Orders Appear in Suits Absence Vacan- cies. Sec. 53. The president, when present, shall pre- side at all meetings of the board and of the district; shall sign all orders on the county treasurer for the payment of money; Provided, That no orders shall be drawn upon the county treasurer except in favor of parties to whom the district has become lawfully indebted. He shall appear in behalf of his district in all suits brought by or against the same, but when he is individually interested, this duty shall be per- formed by the secretary, and in the absence of the president, the secretary shall preside at board and district meetings. Absence from the district of any school officer, when prolonged beyond thirty consecu- tive days, may be held to work a vacancy in said office, which may be filled according to law. [G. L. '77, p. 825, Sec. 2498, as amended by L. '81, p. 214, Sec. 5 ; G. S. '83, p. 895, Sec. 3048; Mills Ann. St., Sec. 4017. County Superintendent Compare Census List Ascertain Num- ber of Blind and Deaf Mutes. Sec. 54. The census list of the several districts shall be carefully examined and compared by the county superintendent, and if the name of the same person be found upon more than one list he shall strike said name from all lists except that of the dis- trict in which such person was residing in good faith on the 10th day of April aforesaid. The residence of an unmarried person of school age shall, in all cases, be held to be identical with the bona fide resi- dence of the parent or guardian of such person; Provided, That such parent or guardian be a resi- dent of the State. If the county superintendent find upon any census list the names of any persons who he believes were not residents in good faith of such district, as aforesaid, he shall notify the secretary certifying the list, and if said secretary shall not es- tablish the correctness of the list within fifteen (15) SCHOOL LAWS OF THE STATE OF COLORADO. 47 days after such notification, such names shall be stricken from the list. At the time of taking the an- nual census, the secretary shall use reasonable dili- gence to ascertain the number of blind and deaf mute persons resident in the district, between the ages of four (4) and twenty- two (22) years, with the name and postoffice address of each. Said items shall be embodied in his annual report to the county superin- tendent. [G. L. '77, p. 826, repealed. L. '79, p. 167, Sec. 9; L. '83, p. 270, Sec. 9; G. S. '83, p. 896, Sec. 3050, as amended by L. '87, p. 394, Sec. 24; Mills Ann. St., Sec. 4018. i For deaf and blind school, see p. 96, Sees. 1 and 3. 2. Census defined. Sec. 80. Duties of Secretary Bond. Sec. 55. Before entering upon the duties of his office, the secretary shall execute a bond, with two sureties, in the penal sum of five hundred (500) dol- lars in districts of the first and second classes, and the penal sum of one hundred (100) dollars in dis- tricts of the third class, conditioned upon the faith- ful discharge of his official duties and the delivery of all district property pertaining to his office over to his successor, within ten days after a demand is made for the same by a qualified successor, said bond to be approved by and filed with the county superin- tendent. The secretary shall record all proceedings of the board and of district meetings in a book or books, kept for that purpose; shall preserve copies of all reports made to the state or county superintend- ents ; shall file all papers transmitted to him by other school officers pertaining to the business of the dis- trict; shall draw and countersign all warrants or orders issued by the board; shall keep a register or stub of all orders drawn, showing the number of the order, date, amount, in whose favor and for what pur- pose drawn. Immediately after the election of one or more directors, according to law, he shall transmit to the county superintendent a statement giving the 48 SCHOOL LAWS OF THE STATE OF COLORADO. name and postoffice address of the president, secre- tary and treasurer, respectively, of the boards of di- rectors. Between the 10th day of April and the 1st day of May, in each year, the secretary, or some per- son authorized by him, shall take a census of all per- sons over six years and under twenty-one years of age, who were bona fide residents of the district on the 10th day of April aforesaid. The names so listed shall be arranged alphabetically, and be so classified as to distinguish between male and female. The cen- sus list shall be sworn to as correct by the person tak- ing the same, and, if such person be other than the secretary, shall be certified by the secretary, and shall be forwarded to the county superintendent on or be- fore the first day of June of the current school year. In districts of first and second classes a copy shall be delivered to the principal teacher or superintend- ent of the districts, and in all cases a copy shall be retained in the office of the secretary. [G. L. '77, p. 825, Sec. 2499, as amended by L. '79, p. 165, Sec. 8; G. S. '83, p. 895, Sec. 3049, as amended by L. '89, p. 300, Sec. 2; Mills Ann. St., Sec. 4019. Further Duties of Secretary Report. Sec. 56. The secretary shall keeep an accurate account of the expenses incurred by the district, and shall present the same to the board whenever called upon. He shall give the required notice of all reg- ular and special meetings, as herein authorized. On or before the first day of August of each year he shall make out and file in the office of the county superin- tendent, a report of the affairs in his district. Said report shall be made upon blanks prepared by the Superintendent of Public Instruction containing such items of information as the said Superintendent shall require, including the following, viz : First The number of persons, male and female, each, in his district, between the ages of six (6) and twenty-one (21) years. SCHOOL LAWS OF THE STATE OF COLORADO. 49 Second The number of schools and the branches taught in each. Third The number of pupils in each school. Fourth The number of teachers employed in each school, and the compensation of each per month. Fifth The number of days the school was taught during the year then past and by whom. Sixth The number of pupils enrolled during the year ; the average daily attendance. Seventh The average cost of school per month for each pupil, based upon the total enrollment, and also the average cost, based upon the average daily attendance. In estimating these averages the secre- tary shall take account of .the teachers' wages; all current expenses, and six per cent, interest upon a fair valuation of all property belonging to the dis- trict. Eighth Text books used in each school. Ninth The number of volumes in the library of each school. Tenth The aggregate amount paid teachers dur- ing the year, and the average monthly pay of teachers. Eleventh The number of public school houses, and the estimated value of each. Twelfth The amount raised by tax in the dis- trict during the year for school library. Thirteenth The amount raised by subscription or by other means than by tax. Fourteenth The amount of special tax levied for the support of schools and for buildings, sites and furniture. Fifteenth The amount of money on hand at the beginning of the year then past. Sixteenth The amount of money received from all other sources than those herein specified. Should the secretary fail to file his report, as above directed, he shall forfeit the sum of one hun- 50 SCHOOL LAWS OF THE STATE OF COLORADO. dred (100) dollars, and shall make good all loss re- sulting to the district from such failure. [G. L. '77, p. 826, Sec. 2501, as amended by L. '81, p. 215, Sec. 7; G. S. '83, p. 896, Sec. 3050, as amended by L. '87, p. 395, Sec. 25 ; Mills Ann. St., Sec. 4020. 1. Failure to report. Sec. 74. Secretary Render Statement Books Open for Inspection. Sec. 57. The secretary shall render a statement of the condition of the finances, as shown by the books, at any time when required by the school board, and his books shall always be open for inspection. [G. L. '77, p. 827, Sec. 2502; G. S. '83, p. 898, Sec. 3052 ; Mills Ann. St., Sec. 4021. Treasurer Countersign Warrants Bender Accounts Failure Penalty. Sec. 58. It shall be the duty of the treasurer to countersign all warrants drawn by the president and secretary on the county treasurer, in favor of parties to whom the district has become laAvfully indebted, and to keep an account of the same. He shall take charge of all moneys received by him on account of the district from the county treasurer, as provided in sections 91 and 92 of this act, and pay out the same as therein provided. He shall render a state- ment of the finances of the district, as shown by the records of his office at the close of each school year, and at any other time when required by the board. For a failure to perform any of the duties of his office when directed by the board, or for refusing or neglecting to deliver to his legally qualified succes- sor all money, books, or other district property in his possession or care, within ten days after the same shall have been demanded by such successor, he shall be liable on his bond, and shall make good a loss resulting to the district from such failure or neglect. [G. L. '77, p. 827, Sec. 2503, as amended by L. '81, p. 216, Sec. 8; G. S. '83, p. 898, Sec. 3053; Mills Ann. St., Sec. 4022. 1. Sections 91 and 92 referred to are Sees. 92 and 93. SCHOOL LAWS OF THE STATE OF COLORADO. 51 Delinquent Officers Penalties. Sec. 59. No superintendent or district officer shall receive any compensation, who has neglected or refused to perform any duty required by law, and any district officer so neglecting or refusing, when specially directed by a majority of the district board, shall be deemed guilty of a misdemeanor, and it shall be deemed a violation of law for any person to draw or sign a warrant for the payment of such delinquent officer, and any person so signing a warrant shall be liable in double the amount of such warrant. [G. L. '77, p. 827, Sec. 2504; G. S. '83, p. 898, Sec. 3054; Mills Ann. St., Sec. 4023. TEACHERS. Must Have License Expiration Proviso. Sec. 60. No district board shall employ any person to teach in any of the public schools of the state, unless such person shall have a license to teach, issued by the proper district, county or state authority, and in full force at the date of em- ployment; and any teacher who shall commence teaching in any such school without such license, shall forfeit all claim to compensation out of the school fund for the term so teaching without such license. And if a teacher's license shall expire by its own limitation within a term of employment, such expiration shall not have the effect to stop the school, or stop the teacher's pay; Provided, That a teacher whose certificate so expires, if the term of school for which such teacher is employed extends more than one month after such expiration, shall secure a new certificate, or a renewal of the one held while the same is in force; and, Provided, further, That a cer- tificate shall not be required of persons employed to teach either music, drawing or modern languages only. No teacher shall be dismissed without good cause shown, and such teacher shall be entitled to re- ceive pay for services rendered. [G. L. '77, p. 828, 52 SCHOOL LAWS OF THE STATE OP COLORADO. Sec. 2505; G. S. '83, p. 398, Sec. 3055, as amended by L. ? 87, p. 396, Sec. 26 ; Mills Ann. St., Sec. 4024. 1. Kindergarten teachers, p. 100, Sec. 1. Teachers to Keep Register Statistics Blanks. Sec. 61. It shall be the duty of the teacher of every public school in this State to keep, in a neat and businesslike manner, a daily register in such form and upon such blanks as shall be prepared by the Superintendent of Public Instruction. At the close of each term of school, not to exceed four months, the teacher shall fill the summary in such register, and, in ungraded schools, file the register with the secretary of the district, who shall preserve the same; in graded schools the register aforesaid shall be filed with the principal or superintendent of the district, in which case said principal or superin- tendent shall make an abstract of the summaries of all such registers upon blanks prepared by the Super- intendent of Public Instruction, and file the same with the secretary, which shall also be preserved. The teacher, principal or superintendent, as the case may be, who is in charge of the last term of school in any school year, shall file with the secretary a summary of the statistics for the year, as shown by the summarized reports of all the terms during the year. The principal teacher of every public school, within one week after the beginning of each term, shall notify the county superintendent of the date of such beginning and the proposed length of the term. Nothing in this section shall be construed to prohibit any district board from requiring teachers, principals and superintendents to keep any additional registers and records of statistics which such board may deem desirable. Until the registers, summaries and abstracts herein above described have been filed as aforesaid, it shall be unlawful for the officers of any district to draw a warrant for the last month's salary of any teacher principl or superintendent whose duty it is to make and file such register, sum- SCHOOL LAWS OF THE STATE OF COLORADO. 53 mary or abstract. All blanks required in the execu- tion of this section shall be supplied by the superin- tendent of public instruction to county superintend- ents, and bv them to district secretaries. [G. L. '77, p. 828, Sec" 2506, as amended by L. '83, p. 271, Sec. 11; G. S. '83, p. 899, Sec. 3056, as amended by L. '87, p. 397, Sec. 27; Mills Ann. St., Sec. 4025. SPECIAL DISTRICT MEETINGS. In Districts of Third Class. Sec. 62. In any district of the third class, the board of directors may at any time call a special meet- ing of the electors of such district, for any of the pur- poses specified in section sixty- two [sixty- three] of this act, and it shall be their duty to call such meet- ing if petitioned so to do by ten (10) legal voters of the district. Notices, specifying the time, place and object of such meeting shall be posted in three (3) public places, one of which shall be at the place of meeting, at least twenty (20) days prior to the time of holding such meeting. [G. L. '77, p. 829, Sec. 2507; G. S. '83, p. 899, Sec. 3057 ; Mills Ann. St., Sec. 4026. 1. Classes of districts election of directors. Sec. 41. Powers of Electors at Meetings. Sec. 63. The qualified electors of districts of the third class, when assembled at any regular or special meeting shall have power : First To appoint a chairman and secretary in the absence of the regular officers. Second To adjourn from time to time, as oc- casion may require. Third To fix the site for each school house, tak- ing into consideration in doing so the wants and ne- cessities of the people of each portion of the district. Fourth To order such tax on taxable property of the district as the meeting shall deem sufficient for any of the following purposes : To pay teachers ; to 54 SCHOOL LAWS OF THE STATE OF COLORADO. purchase or lease a suitable site for a school house or school houses; to build, rent or purchase a school house or school houses and to keep in repair and fur- nish the same with the necessary fuel and append- ages; for procuring libraries for the schools, books and stationery for the use of the board and district meetings, and to defray all other contingent expenses of the district. Fifth To direct the sale or other disposition to be made of any school house, or the site thereof, and of such other property, real or personal, as may be- long to the district, and to direct the manner in which the proceeds arising therefrom shall be applied. Sixth To transact generally such business as may tend to promote the cause of education, in ac- cordance with the provisions of this act. Seventh To adopt any rules of order for the gov- ernment of district meetings not incompatible with the provisions of this act, and to alter and change the same from time to time, as occasion may require. [G. L. '77, p. 830, Sec. 2508; G. S. '83, p. 899, Sec. 3058; Mills Ann. St., Sec. 4027. COUNTY SCHOOL TAXES. County Commissioners Shall Cause School Tax to Be Levied. Sec. 64. The county commissioners shall, at the time of levying the tax for county purposes, cause to be levied a tax for the support of the schools within the county, of not less than two (2) mills on the dollar, of the assessed value of all taxable property, real and personal, within the county, which tax shall be collected by the county treasurer at the same time, and in the same manner, as state and county taxes are collected, except that it shall be receivable only in cash. It is hereby made the duty of the county superintendent of schools to certify to the board of county commissioners at this time the amount of money needed per capita, to enable each school dis- SCHOOL LAWS OF THE STATE OF COLORADO. 55 trict in the county to maintain a public school four ( 4 ) months in each year, as required by law. In mak- ing his estimate, the county superintendent shall not take into consideration districts whose school popu- lation shall be less than fifteen (15), as shown by the school census preceding the time of making the levy. He shall use as a basis for making his estimate the sum of forty (40) dollars per month for the teacher's salary. All other expenses of the school must be provided for by the board of directors by special tax. It is hereby made the duty of the county commission- ers to increase the minimum rate of two (2) mills, to what shall be required for the purpose, as stated as above; Provided, That such tax levy shall in no case exceed five (5) mills; Provided, further, If any school district shall fail to certify a special tax for other ex- penses of the district necessary to maintaining a pub- lic school each year, as provided for in Section sev- enty-seven, the county commissioners shall cause the same to be levied. [G. L. '77, p. 830, Sec. 2509; G. S. '83, p. 900, Sec. 3059, as amended by L. '87, p. 398, Sec. 28; Mills Ann. St., Sec. 4028, as amended by L. '91, p. 316, Sec. 1; 3 Mills Ann. St., Sec. 4028. 1. Limit of levy, p. 108, Sec. 3. County Clerk Must Levy Officer Failing, Forfeiture. Sec. 65. No county clerk or other person, who shall make out the tax list or assessment roll of any county, shall omit or neglect to levy said tax of two (2) mills, as aforesaid, by reason of the omission of the board of county commissioners to pass a resolu- tion for that purpose. Failure to levy a tax of at least two (2) mills, as above specified, shall be deemed a violation of the law, and the person or persons through whose neglect or refusal the failure so to levy shall occur, shall forfeit the sum of one hunrded (100) dollars each, and be liable for all damages re- sulting from such neglect or failure. [G. L. '77, p. 831, Sec. 2510; G. S. '83, p. 900, Sec. 3060; Mills Ann. St., Sec. 4029. 56 SCHOOL LAWS OF THE STATE OF COLORADO. County Treasurer Certify School Moneys Collected Pay Over Failure P enalty . Sec. 66. The county treasurer shall, on or be- fore the first day of January, April, July and Octo- ber of each year, certify the amount of said tax which shall have been collected, and the amount of any other county school money then in the county treas- ury, to the county superintendent, and shall render him a statement of the amount uncollected. The amount unpaid shall be collected at any subsequent time as delinquent taxes are collected, and shall be certified to the county superintendent, as aforesaid. Should the treasurer fail at any time to pay over the tax, as herein provided, he shall forfeit the sum of one hundred ( 100 ) dollars, and double damages, to be collected on his official bond; suit to be brought by the county superintendent, for the benefit of his county [school fund.] [G. L. '77, p. 821, Sec. 2511; G. S. '83, p. 901, Sec. 3061 ; Mills Ann. St., Sec. 4030. 1. County treasurer pay school orders. Sees. 68, 68a, 68b. School Boards Shall Certify to Commissioners the Tax to Be Levied Limit Duties of Assessor and Treasurer Pro- viso. Sec. 67. On or before the day designated by law for the commissioners of each county to levy the req- uisite taxes for the then ensuing year, the school board in each district shall certify to the county com- missioners the number of mills per dollar which it is necessary to levy on the taxable property of the dis- trict, to raise a special fund for any of the purposes specified in Section fifty-one of this chapter, and the county commissioners shall cause the same to be levied at the same time that other taxes are levied, and the amount of such special tax which shall be assessed to each taxpayer of such district shall be placed in a separate column of the tax book, which shall be headed "Special School Tax;" Provided, That a school board of a district of the third class shall not certify, as above, to a higher rate than fifteen SCHOOL LAWS OF THE STATE OF COLORADO. 57 mills per dollar. There shall also be a column in said tax book in which shall be designated the num- ber of the school district in which the property is listed. This tax shall be collected in cash only, and placed to the credit of the proper district as fast as collected, and the amount placed to the credit of each district shall be reported to the secretary of such district at the end of every month, and shall be subject to the order of the district board. It is hereby made the duty of the county assessor and county treasurer to so arrange their tax schedules and books as to conform to the above provisions; Pro- vided, That the county assessor shall list all property, both real and personal, in the school district in which the same may be on the first day of May; and, Pro- vided, further, That the board of any district may order the levy of not to exceed one-tenth of one mill, the proceeds of which shall be used exclusively in the purchase of books for a library, to be open to the pub- lic, under such rules as the district board may deem needful for the proper care of the said library. [G. L. '77, p. 831, Sec. 2512, as amended by L. '81, p. 218, Sec. 10; G. S. '83, p. 901, Sec. 3062, as amended by L. '87, p. 398, Sec. 9 ; Mills Ann. St., Sec. 4032. 1. Limit of levy, p. 108, Sec. 3. Treasurer Keep Separate Accounts Warrants. Sec. 68. It shall be the duty of the county treas- urer to open and keep separate accounts with each school district in his county, and hold the funds of each district, subject to the legal warrants of the president, as provided by Section 53 of this chapter. If the legal warrant of any school district in his county be presented to the county treasurer when there are no funds in his hands to the credit of the district fund against which the warrant is drawn, he shall endorse such warrant "No funds," and said warrant shall draw interest from the date of such endorsement at the same rate as county warrants in 58 SCHOOL LAWS OF THE STATE OF COLORADO. like condition. The treasurer shall keep a list of all warrants so endorsed, and shall pay them when- ever there is sufficient money to the credit of the proper fund in the order of such endorsement. The interest on such warrants shall stop when the treas- urer shall give notice that he has funds to pay the same; Provided, It shall not be lawful for the officers of any district to issue warrants at any time in an amount in excess of the tax levy for the current year. [G. L. '77, p. 832, Sec. 2513; G. S. '83, p. 901, Sec. 3063, as amended by L. '87, p. 399, Sec. 30; Mills Ann. St., Sec. 4033. 1. Duties of county treasurer in matters of school funds. Sec. 26. An Act to provide for the payment of school orders by the county treasurer, as soon as there is money on hand for the pay- ment of the same. Approved March 29, 1887. In force June 29, 1887. [L. '87, p. 405. Pay School Orders. Sec. 68a. It shall be the duty of the county treasurer of each county in this state, when there are sufficient funds to the credit of any school district, or to the credit of any school fund of any such district, to pay in full the principal and interest of any orders which may be on such fund, in the order of their registration, and if at any time there shall be $200 in the hands of such treasurer, to the credit of any such fund, it shall be his duty to cause to be pub- lished in some newspaper published at the county- seat of such county, for twenty days, a notice that certain school orders (describing same by numbers and amounts) will be paid upon presentation, and at the expiration of said twenty days' advertisement such orders shall cease to bear interest. [L. '87, p. 405, Sec. 1 ; Mills Ann. St., Sec. 4031. SCHOOL LAWS OF THE STATE OF COLORADO. 59 An Act to provide a penalty for failure of the state or county, city, town or school district treasurers to call warrants as pro- vided by law. Approved and in force April 4, 1899. L. '99, p. 424. Failure to Publish Call Penalty. Sec. 68b. Whenever the treasurer of the State or any county, city, town or school district shall have in his hands any moneys applicable to the payment of any city or county, state or school district warrant and shall fail or neglect for thirty days to publish a call as provided by law for the presentation and pay- ment of warrants, he shall be deemed guilty of a mis- demeanor and, upon conviction, shall be liable to a fine (of) not less than ten nor more than three hun- dred dollars. [L. '99, p. 424, Sec. 1. PENAL FUND. What Fines Paid to School Fund Accounts Collector Failing to Pay Penalty Duty of Superintendent. Sec. 69. All fines, penalties and forfeitures pro- vided by this act may be recovered by action of debt, in the name of The People of the State of Colorado, for the use of the proper school district or county, and shall, when they accrue, belong to the respective districts or counties in which the same may have been incurred; and the county treasurers, for their coun- ties, are hereby authorized to receive and cause to be placed to the proper credit such forfeitures. Except as otherwise provided by law, all sums of money de- rived from fines imposed for violation of orders of injunction, mandamus and other like writs, or for contempt of court, shall be paid into the school fund of the county wherein the contempt or such violation was committed; and the clear proceeds of all fines collected within the several counties of the state for breach of the penal laws, and all funds arising from the sale of lost goods and estrays shall be paid over in cash by the person collecting the same, within twenty (20) days after the collection, to the county 60 SCHOOL LAWS OF THE STATE OF COLORADO. treasurer of the county in which the same have ac- crued, and shall be by him credited to the general county school fund. He shall indicate in such entry the source from which such money was derived. Any officer, or person, collecting or receiving any such fines, forfeitures or other moneys, and refusing and [or] failing to pay over the same, as required by law, shall forfeit double the amount so withheld, and in- terest thereon at the rate of five (5) per cent, per month during the time of so withholding the same; and it shall be a special duty of the county superin- tendent of schools to supervise and see that the provis- ions of this section are fully complied with, and re- port thereupon to the county commissioners semi-an- nually, or oftener, if required by them. [G. L. '77, p. 832, Sec. 2514; G. S. '83, p. 902, Sec. 3064; Mills Ann. St., Sec. 4034. 1. County treasurer make report of, p. 101, Sec. 2. 2. Justice report fines, p. 101, Sec. 1. SPECIAL BUILDING FUND. Levy Not to Be Beconsidered. Sec. 70. It shall not be lawful for a district or a district board to reconsider the question of the levy of a special tax after the same has been certified to the county commissioners, nor shall said commission- ers be charged with any discretion in the matter of such levy further than to ascertain if the law has been obeyed. [G. L. '77, p. 833, Sec. 2515; G. S. '83, p. 902, Sec. 3065, as amended by L. '87, p. 399, Sec. 31 ; Mills Ann. St., Sec. 4035. Illegal to Use General School Fund for Building Purposes- Proviso. Sec. 71. It shall be illegal for any school board to appropriate or cause to be used any money belong- ing to the general school fund, for the purpose of building, furnishing or erecting additions to any school house, or for the purchase or improvement of SCHOOL LAWS OF THE STATE OP COLORADO. 61 any school house, site or lot; Provided, That if any portion of the aforesaid school fund remains to the credit of any district after the payment of all ex- penses necessary to the support of a public school for a period of ten months in any one year, in said dis- trict, it shall be lawful for the district board to use such balance for any of the purposes provided for in Section fifty-one of this chapter. [G. L. '77, p. 833, Sec. 2516 ; G. S. '83, p. 902, Sec. 3066 ; as amended by L. '87, p. 399, Sec. 32; Mills Ann. St., Sec. 4036. 1. Public contracts, p. 77, Sec. 1. APPORTIONMENT OF SCHOOL FUND. Basis of Apportionment. Sec. 72. In apportioning the general fund, as directed in Section 19 of this chapter, the county superintendent shall base the July apportionment, in each year, on the census lists and reports of the sec- retaries of the several districts for the school year next preceding, and he shall base all apportionments on said lists anad reports for a period of one year, ex- cept in the case of the apportionment to new dis- tricts, as provided in Section 32 of this chapter. [G. L. '77, p. 834, Sec. 2517; G. S. '83, p. 903, Sec. 3067, as amended by L. '87, p. 400, Sec. 33; Mills Ann. St., Sec. 4037. Apportionment. Sec. 73. The county superintendent shall ap- portion the funds aforesaid among the districts en- titled to the same, according to^ the number of per- sons of school age, as shown by the census lists and report of the several districts for the school year im- mediately preceding, as provided in Section 72. [G. L. '77, p. 854, Sec. 2518; G. S. '83, p. 903, Sec. 3068, as amended by L, '87, p. 400, Sec. 34 ; Mills Ann. St., Sec. 4038. 62 SCHOOL LAWS OF THE STATE OF COLORADO. Failure of Secretary to Report Duty of Superintendent of Public Instruction. Sec. 74. Whenever a district secretary fails to file his annual report and census list with the county superintendent, according to law, thereby rendering it impossible for the said superintendent to appor- tion to such district any part of the general fund for the ensuing year, if it can be shown to the satisfac- tion of the Superintendent of Public Instruction that such report and census list were prepared and reasonable diligence used to place the same in the hands of the county superintendent, and that such report and census list failed to reach said superin- tendent by reason of some accident or extraordinary occurrence; and if it be further shown that a public school was maintained in such district for not less than the minimum time required by the State consti- tution; and if it be also shown that duplicates of the missing papers have been placed in the hands of the county superintendent, or in his office, then the Superintendent of Public Instruction shall direct the county superintendent to apportion to such district its per capita share of the general fund distributed during the remainder of the year, as provided in sec- tion 72. [G. L. '77, p. 834, Sec. 2519; G. S. '83, p. 903, Sec. 3069, as amended by L. '87, p. 400, Sec. 35 ; Mills Ann. St., Sec. 4039. 1. Report of Secretary. Sec. 56. Failure to Maintain School. Sec. 75. Any school district failing to maintain a public school at least three months of any school year, shall not be entitled to receive any portion of the school fund for that year. [G. L. '77, p. 834, Sec. 2520; G. S. '83, p. 903, Sec. 3070, as amended by L. '87, p. 401, Sec. 36 ; Mills Ann. St., Sec. 4040. SCHOOL LAWS OF THE STATE OF COLORADO. 63 SCHOOLS. Public School Defined. Sec. 76. A public school is hereby defined to be a school that derives its support entirely, or in part, from moneys raised by a general State, county or district tax. [G. L. '77, p. 835, Sec. 2521; G. S. '83, p. 904, Sec. 3071 ; Mills Ann. St., Sec. 4041. Schools Open, to Whom. Sec. 77. Every public school, except high schools, shall be open for the admission of all chil- dren between the ages of six (6) and twenty-one (21) years residing in that school district during at least four school months in each year, and the school board shall have power to admit adults, and children not residing in the district, if they see fit so to do, and to fix the terms of such admisssion. [G. L. '77, p. 835, Sec. 2522; G. S. '83, p. 904, Sec. 3072, as amended by L. '89, p. 301, Sec. 3; Mills Ann. St., Sec. 4042. Schools Taught in English Language Hygiene Spanish German. Sec. 78. The public schools of this state shall be taught in the English language, and the school boards shall provide to have taught in such schools the branches specified in section 15 of said chapter, and such other branches of learning in [and] other languages as they may deem expedient, including hygiene with special reference to the effects of alco- holic stimulants and narcotics upon the human body ; and whenever the parents or guardians of twenty or more children of school age shall so demand, the board of such school district may procure efficient instructors and introduce the German and Spanish languages, or either of them, and gymnastics, as a branch of study into such school; and said district board may, upon like demand of the parents and guardians of children of school age, procure efficient 64 SCHOOL LAWS OF THE STATE OF COLORADO. instructors to teach the branches specified in said section 15, in the German and Spanish languages, or in either of such languages as said board may di- rect. [G. L. '77, p. 835, Sec. 2523; G. S. '83, p. 904, Sec. 3073, as amended by L. '87, p. 401, Sec. 37; Mills Ann. St., Sec. 4043. School Year Month Week Day National Holidays. Sec. 79. The school year shall begin on the first day of July and end on the thirtieth day of June. A school month shall be four weeks, a school week five days, and a school day shall not exceed six hours, ex- cluding the time of intermission at noon. The term "National Holidays," in this chapter, shall be con- strued to mean Thanksgiving Day, Christmas Day, New Year's Day, Washington's Birthday, Decoration Day, Labor Day and the Fourth day of July. Elec- tion day in November. [G. L. '77, p. 835, Sec. 2524; G. S. 83, p. 904, Sec. 3094, as amended by L. '87, p. 401, Sec. 38; Mills Ann. St., Sec. 4044. SCHOOL CENSUS. Census School Age. Sec. 80. A school census is hereby defined to be a census embracing all persons between the ages of six and twenty-one years. School age is hereby de- fined to be any age over six and under twenty-one years. [G. L. '77, p. 835, Sec. 2525; G. S. '83, p. 904, Sec. 3075; Mills Ann. St., Sec. 4045. 1. County Superintendent take census. Sec. 54. TEACHERS' NORMAL INSTITUTES. Normal Institutes Time and Place How Determined. Sec. 81. For the purpose of organizing and maintaining teachers' normal institutes, the state shall be divided into the following institute districts, viz: The counties of Sedgwick, Phillips, Logan, SCHOOL LAWS OF THE STATE OF COLORADO. 65 Yuma, Washington and Morgan to constitute normal district No. one ( 1 ) . The counties of Weld, Larimer and Boulder to constitute normal district No. two (2) . the county of Arapahoe to constitute normal dis- trict No. three (3). The counties of Gilpin, Clear Creek and Jefferson to constitute normal district No. four (4). The counties of Douglas, Elbert and El Paso to constitute normal district No. five (5). The counties of Kit Carson, Lincoln and Cheyenne to con- stitute normal district No. six (6). The counties of Fremont, Custer and Pueblo to constitute normal district No. seven (7). The counties of Kiowa, Otero, Bent, Prowers and Baca to constitute normal district No. eight (8). The counties of Huerfano and Las Animas to constitute normal district No. nine (9). The counties of Saguache, Costilla, Conejos and Kio Grande to constitute normal district No. ten (10). The counties of La Plata, Montezuma, Archuleta, Dolores and San Juan to constitute normal district No. eleven ( 11 ) . The counties of San Miguel, Ouray, Hinsdale, Mesa, Delta, Montrose and Gunnison to constitute normal district No. twelve (12) . The coun- ties of Chaffee, Lake, Park, Pitkin, Eagle, Summit, Garfield, Koutt, Rio Blanco and Grand to constitute normal district No. thirteen (13). Provided, That new counties formed within the limits of any insti- tute district shall be a part of said district. A nor- mal institute for the instruction of teachers and those desiring to teach may be held annually for a term of not less than two weeks in each normal dis- trict of the state. The county superintendents of each institute district shall annually select not more than three of their number as an executive commit- tee, who, with the advice and consent of the super- intendent of public instruction and the president of the state normal school, shall determine the time and place of holding such normal institute, an77, p. 703, Sec. 2081 ; G. S. '83, p. 769, Sec. 2607 ; Mills Ann. St., Sec. 3534. ALCOHOLIC DRINKS AND NARCOTICS. An Act to provide for the study of the nature of alcoholic drinks and narcotics and their effects upon the human system, in connection with the several divisions of the subject of physiol- ogy and hygiene by the pupils in the public schools of the state. Approved April 4, 1887. In force July 4, 1887. [L. '87, p. 378. Nature and Effects of Alcoholic Drinks and Narcotics Be Taught. Section 1. That the nature of alcoholic drinks and narcotics and special instructions as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the public schools of the State, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text books, designated by the board of directors of the respective school districts, in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the State. [L. '87, p. 378, Sec. 1 ; Mills Ann. St., Sec. 4046. Failure to Enforce Provisions of Act Penalty. Sec. 2. That it shall be the duty of the proper officers in control of any school, described in the fore- going section to enforce the provisions of this act; , and any such officer, school director, committee, su- perintendent or teacher, who shall refuse, fail or neg- lect to comply with the requirements of this act, or shall neglect, refuse or fail or [to] make proper pro- visions for the instruction required, and in the man- ner specified by the first section of this act, for all pupils in each and every school under his or her juris- diction shall be removed from office, and the vacancy filled as in other cases. [L. '87, p. 379, Sec. 2; Mills Ann. St., Sec. 4047. 1. Vacancies. Sec. 47. SCHOOL LAWS OF THE STATE OF COLORADO. 79 ARBOR DAY. An Act to establish Arbor Day. Approved March 22, 1889. In force June 22, 1889. [L. '89, p. 21. Arbor Day Third Friday in April How to Be Observed. Section 1. The third Friday in April of each year shall be set apart and known as "Arbor Day," to be observed by the people of this State in the plant- ing of forest trees for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of the day so established; Provided, That the actual planting of trees may be done on the day designated or at such other most convenient time as may best conform to logical climatic conditions, such other time to be des- ignated and due notice thereof given by the several county superintendents of schools for their respective counties. [L. '89, p. 21, Sec. 1; Mills Ann. St., Sec. 2129. Holiday in Schools How Observed. Sec. 2. The day, as above designated, shall be a holiday in all public schools of the State, and school officers and teachers are required to have the schools under their respective charge observe the day by planting of trees or other appropriate exercises. [L. '89, p. 21, Sec. 2; MiUs Ann. St., Sec. 2130. Governor Issue Proclamation Superintendent of Public In- struction County Superintendents Report. Sec. 3. Annually, at the proper season, the Gov- ernor shall issue a proclamation, calling the attention of the people to the provisions of this act and recom- mending and enjoining its due observance. The Su- perintendent of Public Instruction and the respective county superintendents of schools, shall also promote, by all proper means, the observance of the day, and 80 SCHOOL LAWS OF THE STATE OF COLORADO. the said county superintendents of schools shall make annual reports to the State Forest Commissioner of the action taken in this behalf in their respective counties. [L. '89, p. 21, Sec. 3; Mills Ann. St., Sec. 2131. COMPULSORY EDUCATION. An Act to secure to children the benefit of elementary educa- tion. Approved April 18, 1889. In force July 17, 1889. [L. '89, p.. 59. Unlawful to Employ Children Under Fourteen During School Fines. Section 1. That it shall be unlawful for any per- son, persons or corporation to employ any child under the age of fourteen years to labor in any business whatever during the school hours of any school day, of the school term of the public school, in the school district where such child is, unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in those branches required to be taught in the public school of the state of Colorado, or shall have been regularly instructed at home in such branches by some person qualified to instruct in the same, at least twelve weeks in each year, eight weeks at least of which shall be consecutive, and shall, at the time of such employment, deliver to the employer a certificate in writing, signed by the teacher, cer- tifying to such attendance or instruction ; and any person, persons or corporation who shall employ any child contrary to the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor and fined in a sum not less than twenty-five (25) dollars nor more than fifty ( 50 ) dollars ; and all fines so collected shall be paid into the county treasury, and placed to the credit of the school district in which the offense occurs. [L. '89, p. 59, Sec. 1; Mills Ann. St., Sec. 417. SCHOOL LAWS OF THE STATE OF COLORADO. 81 Children Must Be Sent to School Exception Clothing. Sec. 2. Every parent or guardian, or other per- son in the State of Colorado, having control of any child or children between the ages of eight (8) and fourteen (14) .shall be required to send such child or children to a public school, or private school taught by a competent instructor, for a period of at least twelve (12) weeks in each year, at least eight (8) weeks of which time shall be consecutive, unless such child or children are excused from such attendance by the board of the school district in which such parent, guardian or person having control resides, upon its being shown to their satisfaction that such child's bodily or mental condition has been such as to prevent attendance at school, or application to study for the period required ; Provided, That if such parent or guardian is not able, by reason of poverty, to properly clothe any such child, it shall be the duty of the school board of the proper district, upon the fact being shown to their satisfaction, to furnish the necessary clothing and pay for the same out of the school fund of such district, by warrant drawn as in other cases, or that such child or children are taught at home in such branches as are usually taught in the public schools, subject to the same examination as other pupils of the district in which the child re- sides; or that there is no school taught within two miles by the nearest traveled road. [L. '89, p. 60, Sec. 2; Mills Ann. St., Sec. 418. Failure to Comply with Act Misdemeanor Penalty. Sec. 3. Any parent, guardian or other person failing to comply with the provisions of section 2 of this act shall, upon conviction, be deemed guilty of a misdemeanor and fined in a sum not less than five nor more than twenty-five dollars for each offense; and all fines so collected shall be paid into the county treasury and placed to the credit of the school dis- 82 SCHOOL LAWS OF THE STATE OF COLORADO. trict in which the offense occurs. [L. 89, p. 60, Sec. 3; Mills Ann. St., Sec. 419. School Director Prosecute Failure Penalty. Sec. 4. It shall be the duty of any school director of the district to inquire into all cases of neglect of the duty prescribed in this act, and ascertain from the person neglecting the reason, if any, therefor; and he shall forthwith proceed to secure the prose- cution of any offense occurring under this act; and any director neglecting to secure such prosecution for such offense, within ten days after a written no- tice has been served on him by any taxpayer in said district, unless the person so complained of shall be excused by the district board of education for the reasons hereinbefore stated, shall, upon conviction, be deemed guilty of a misdemeanor and fined in a sum not less than ten nor more than fifty dollars; and such fines when collected, shall be paid into the county treasury and placed to the credit of the school district in which the offense occurs. All actions for offenses committed under this act shall be prosecuted for in the name of The State of Colorado. [L. '89, p. 61, Sec. 4; Mills Ann. St., Sec. 420. Malicious Prosecution. Sec. 5. That upon the trial of any offense as charged herein, before any court of competent juris- diction, if it shall be determined that such prosecu- tion was malicious, then the costs in such case shall be adjudged against the complainant and collected as fines in other cases. [L. '89, p. 61, Sec. 5; Mills Ann. St., Sec. 421. Attendance at Night School Equivalent. Sec. 6. Two weeks' attendance at half time or night school, shall be considered within the meaning of the article equivalent to an attendance of one week at a day school. [L. '89, p. 61, Sec. 6; Mills Ann. St., Sec. 422. SCHOOL LAWS OF THE STATE OF COLORADO. 83 An Act to compel the elementary education of children in school districts of the first and second class. Approved April 12, 1899. In force July 12, 1899. [L. '99, p. 396. Children Sent to School Exception Appeal. Section 1. That in districts of the first and sec- ond class in this state, all parents, guardians and other persons having care of children shall instruct them or cause them to be instructed in reading, spell- ing, writing, English grammar, geography and arith- metic. In such districts every parent, guardian or other person having charge of any child between the ages of 8 and 14 years, shall send such child to a pub- lic, private or parochial school for the following period : In each school year beginning in September, not less than 20 weeks, at least 10 weeks of which, commencing with the first four weeks of the school year, shall be consecutive; Provided, however, That if two reputable physicians within the district shall certify in writing that the child's bodily or mental condition does not permit of its attendance at school, such child shall be exempted during such period of disability from the requirements of this act; and, Provided, further, That if in the opinion of the county superintendent of schools, the child is being in- structed at home by a person qualified, such child shall not be required to attend as herein provided. An appeal may be taken from the decision of such super- intendent to the county court of the county in which such district lies, upon giving bond within 10 days after such refusal, to the approval of the judge of said court, conditioned to pay all costs of appeal, and the decision of the county court shall be final. All children between the ages of 8 years and 14 years shall attend school for the full term in the schools in the district in which they reside, unless excused for the reasons above named. [L. '99, p. 396, Sec. 1. 84 SCHOOL LAWS OF THE STATE OF COLORADO. Children Under 14 Years Not Employed Penalty for Employ- ing. Sec. 2. No child under the age of 14 years shall be employed by any person, persons, company or cor- porations during the school term and while the pub- lic schools are in session, unless the parent, guardian or person in charge of such child shall have fully com- plied with section one of this act. Every such em- ployer shall require proof of such compliance, and shall make and keep a written record of the proof given, which shall be subject to the inspection of the truant officer, superintendent of schools, or any school director of the district. Any employer employ- ing any child contrary to the provisions of this sec- tion, shall be fined not less than twenty-five nor more than one hundred dollars. [L. ? 99, p. 397, Sec. 2. Minors Between 14 and 16 Must Bead and Write Duty of Employer Penalty. Sec. 3. All minors over the age of 14 years and under the age of 16 years who can read and write the English language, shall attend school at least one- half day of each day, or attend a public night school, or take regular private instruction from some person qualified, in the opinion of the county superintendent of schools, in which such district or the greater por- tion of the same lies, until such minor obtains a cer- tificate from such superintendent that he or she can read at sight and write legibly, simple sentences in English. Every employer employing or having in employment any such minor shall exact as a condi- tion of employment the school attendance or instruc- tion required by this section, and shall on request of the truant officer, furnish the evidence that such minor is complying with the requirements of this sec- tion. Every employer failing to comply with the re- quirements of this section as to any minor employed by him or in his employ, shall be fined not less than twenty-five dollars, and not more than one hundred SCHOOL LAWS OF THE STATE OF COLORADO. 85 dollars; Provided, That any employer with the ap- proval or consent of the county superintendent of schools may make provision for the private instruc- tion of minors in his employ. [L. '99, p. 397, Sec. 3. Truant Who Is Juvenile, Disorderly Person. Sec. 4. Every child between the ages of 8 and 14 years, and every child between the ages of 14 and 16 years, who can not read and write the English lan- guage or not engaged in some regular employment, who is an habitual truant from school, who absents itself habitually from school, or who is in attendance at any public, private or parochial school and is in- corrigible, vicious or immoral conduct, or who hab- itually wanders about the streets and public places during school hours, having no business or lawful oc- cupation, shall be deemed a juvenile disorderly per- son, and be subject to the provisions of this act. [L. '99, p. 398, Sec. 4. Truant Officer Powers Duties Kecord. Sec. 5. To aid in the enforcement of this act, the board of school directors in districts of the first and second class shall have power, ant [and] it shall be their duty, to appoint one or more truant officers whose compensation shall be fixed by the board ap- pointing him. The truant officer shall be vested with police powers, and shall have authority to enter work- shops, factories, stores and all other places where children may be employed, in the way of investiga- tion or otherwise, to enforce this act. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation who shall violate any of the provisions of this act, and shall otherwise discharge the provisions of this act and perform such other services as the county superin- tendent of schools or the board of directors of the school district may deem necessary to preserve the morals and secure the good conduct of school chil- 86 SCHOOL LAWS OF THE STATE OF COLORADO. dren, and to enforce this act. The truant officer shall keep a record of his transactions for the inspection of the county superintendent of schools and of the di- rectors of the school district, and suitable blanks shall be provided for his use by the secretary of the school district. [L. '99, p. 398, Sec. 5. Truant Officer Duties Conviction of Parent Penalty Bond Defense. Sec. 6. The truant officer shall examine into any case of truancy within his district, and shall warn the parent, guardian, or others in charge of the child of the final consequences of truancy if persisted in. When any child between the ages of eight and four- teen years, or any child between the ages of fourteen or sixteen years, who can not read and write the Eng- lish language, or is not engaged in some regular em- ployment, or any child between the age of fourteen years and sixteen years who has been discharged from employment to obtain instruction or schooling, is not attending school without lawful excuse and in viola- tion of the provisions of this act, the truant officer shall notify the parent, guardian, or other person in charge, of the fact, and require such person to cause the child to attend some recognized school within five days from the date of the notice, and it shall be the duty of such person so to cause its attendance at some recognized school. Upon failure to do so, the truant officer shall make complaint in the county court of the county in which such child lives, against the parent, guardian or other person having such child in charge, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor more than twenty dollars, or the court may, in its discretion, require the per- son so convicted to give a bond in the penal sum of flOO, with sureties to the approval of the judge of such court, conditioned that he or she will cause the child under his or her care to attend some recognized school within five days thereafter, and to remain at SCHOOL LAWS OF THE STATE OF COLORADO. 87 school during the term prescribed at law. And upon the failure or refusal of the parent, guardian or other person to pay such fine or furnish such bond accord- ing to the order of the court, the said parent, guar- dian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. For violation of the bond, suit may be brought in any court of competent jurisdiction, in the name of the school district, and the amount recovered shall go to the school fund of the district. If the parent, guar- dian or other person shall prove his inability to cause the child to attend a recognized school, it shall be a defense, but the child shall be deemed a juvenile dis- orderly person within the meaning of section 4 of this act. [L. '99, p. 399, Sec. 6. Juvenile, Disorderly Person Commitment Term Expense. Sec. 7. Whenever a child shall be a juvenile dis- orderly person within the meaning of this act, it shall be the duty of the truant officer to make complaint in the county court of the county in which such child resides. The county court shall hear and determine such complaint, and if it is determined that such child is a juvenile disorderly within the meaning of this act, he or she shall be committed to a children's home if eligible, or to the boys' industrial school or the girls' industrial school, or to some other juvenile reformatory, taking into account the years of the child with reference to the institution selected. Any child committed to a children's home on its being shown to the judge of said court that it is incorrigible and vicious, may be transferred to the industrial school or other reformatory. No child committed to any reformatory shall be detained beyond the age of 16 years, and may be discharged sooner by the trus- tees, under rules and restrictions applicable to other inmates. Any order of commitment may be sus- pended by the judge of the county court during such time as the child may regularly attend school and 88 SCHOOL LAWS OF THE STATE OF COLORADO. properly conduct itself. The expense of the trans- portation of the child to the juvenile reformatory, and of the costs of the case in which the order of com- mitment is made, shall be paid by the county from which the child is committed. [L. '99, p. 400, Sec. 7. Child Unable to Attend School Belief. Sec. 8. When any truant officer is satisfied that any child within the requirements of this act is un- able to attend school because required to work at home or elsewhere in order to support itself or help or support others legally entitled to its services, the truant officer shall report the case to the authorities charged with the relief of the poor, who shall there- upon afford such relief as will enable the child to at- . tend school; Provided, That such child shall not be required to attend more than three hours a day dur- ing school days. In case the child or its parents or guardians neglect or refuse to take advantage of such provision made for its instruction, such child may be committed to a children's home or juvenile reforma- tory, as hereinbefore provided. [L. '99, p. 400, Sec. 8. Violation Penalty. Sec. 9. Any person who violates any provision of this act for which a penalty is not herein provided, shall be fined not more than fifty dollars. [L. '99, p. 401, Sec. 9. Second Conviction Penalty Trial by Jury. Sec. 10. Every person who, after having been convicted once of violating any of the provisions of this act shall be convicted a second time of a similar offense, may, in addition to the punishment by way of fine elsewhere provided for, be imprisoned not less than 10 days nor more than 30 days ; Provided, That in all cases arising under this act in which a fine or imprisonment may be a part of the judgment, trial shall be by a jury if not waived. [L. '99, p. 401, Sec. 10. SCHOOL LAWS OF THE STATE OF COLORADO. 89 Not Apply to Districts Without Accommodations. Sec. 11. This shall not apply to school districts in which there are not sufficient accommodations in the public schools to seat children compelled to attend under the provisions of this act. [L. '99, p. 401, Sec. 11. STATE NORMAL SCHOOL. An Act to establish, govern and maintain a state normal school. Approved April 1, 1889. In force July 1, 1889. [L. '89, p. 409. Establishment of State Normal School. Section 1. A State Normal School is hereby es- tablished at or near the city of Greeley, in the county of Weld and State of Colorado, the purpose of which shall be instruction in the science and art of teach- ing, with the aid of a suitable practice department, and in such branches of knowledge as shall qualify teachers for their profession; Provided, That a do- nation shall be made for a site for said State Normal School, consisting of forty acres of land with a build- ing erected thereon, according to plans and speci- fications furnished by the State Board of Education, and to cost not less than twenty-five thousand dol- lars, ten thousand dollars of which shall be paid by the State, as hereinafter provided. [L. '89, p. 409, Sec. 1; Mills Ann. St., Sec. 4118. Trustees Corporate Powers Seal Make By-Laws. Sec. 2. Said school shall be under the control of a board of six trustees ; the said board shall be and is hereby declared a body corporate by the name and style of "The Trustees of the State Normal School," and as such and by its said name may hold property for the use of said school, be party to all suits and contracts, and do all things thereto lawfully apper- taining in like manner as municipal corporations of this state. The said trustees and their successors in 90 SCHOOL LAWS OF THE STATE OF COLORADO. office shall have perpetual succession, shall have a common seal, and may make by-laws and regulations for the well ordering and government of the said cor- poration and its business not repugnant to the consti- tution and laws of the State. [L. '89, p. 410, Sec. 2 ; Mills Ann. St., Sec. 4119. Governor Appoint Trustees Term of Office Oath Superin- tendent of Public Instruction Member. Sec. 3. The Governor shall, upon the approval of this act, appoint by the advice and with the con- sent of the senate, the six trustees mentioned and pro- vided in this act, two of whom shall be appointed for the term of two years, two for the term of four years and two for the term of six years. Their terms of office shall begin from their appointment and qualifi- cation, and shall continue for the period for which they shall be so appointed and until their successors are appointed and qualified. Every two years after the first appointment aforesaid, two trustees shall be appointed in like manner to succeed those whose terms are first thereafter to expire. Every trustee so appointed shall take and subscribe the oath of office prescribed by the constitution of this State before en- tering upon the duties of his office, which oath shall be placed and kept on file in the office of the Secretary of State. The Superintendent of Public Instruction shall be, ex officio, a member of the board of trustees of the said State Normal School. [L. '89, p. 410, Sec. 3; Mills Ann. St., Sec. 4120. Part of Public School System Apportionment of Funds Su- pervisory Powers Over. Sec. 4. Said normal school is hereby constituted an integral part of the public school system of this State, and shall stand upon the same basis as to ap- portionment of State school funds as union high schools, and shall be subject as such to the general supervisory powers vested by the constitution in the SCHOOL LAWS OF THE STATE OF COLORADO. 91 State Board of Education. [L. '89, p. 410, Sec. 4; Mills Ann. St., Sec. 4121. Powers of Trustees. Sec. 5. Subject to the constitutional powers of the State Board of Education, the Trustees of the State Normal School shall have the general super- vision of the State Normal School, and the control and direction of its funds and the appropriations therefor. They shall have power to appoint a faculty, consisting of a principal and assistant principal, and such other professors as may be required therein ; they may also appoint such assistant teachers as are found necessary. They shall also have power to remove said principal or assistant principal, or any professor, teacher or employe in or about said school, and to ap- point or employ another or others instead; to fix the salaries of each, and to prescribe their several duties. They shall, with the advice and consent of the faculty, prescribe the various books to be used in said school, the courses of study and instruction, which in no case shall cover a period of less than three years, and shall make all the needful rules, regulations and by-laws for the good government and management of the same. [L. '89, p. 411, Sec. 5; Mills Ann. St., Sec. 4122. Provide Grounds, Buildings, Apparatus. Sec. 6. Said board of trustees shall also have power, and it shall be their duty from time to time, as means shall be provided and placed at their dis- posal, to provide suitable grounds and buildings, either by donation, purchase or lease, for the use of said school, and, in their discretion, shall also pro- vide all proper and needful apparatus, books, articles and things for teaching and illustrating the branches of study authorized in said school. [L. ? 89, p. 411, Sec. 6; Mills Ann. St., Sec. 4123. Qualifications for Admission Examination Declaration. Sec. 7. The said board of trustees shall prescribe the qualifications for admission of students to said 92 SCHOOL LAWS OF THE STATE OF COLORADO. normal school. Every applicant for admission shall undergo an examination by the faculty of said school, and if it shall appear that such applicant is not a per- son of good moral character, or fails to pass such ex- amination, such applicant shall be rejected. Each applicant, except as hereafter provided, shall, prior to his or her admission, also sign and file with the board of trustees a declaration to engage in the business of teaching in the public schools of this State. [L. '89, p. 411, Sec. 7; Mills Ann. St., Sec. 4124. Open to Residents of State Other Persons Fees. Sec. 8. The State Normal School shall be open, subject to its regulations, to all persons resident in this state, sixteen years of age and upward, without charge for tuition; and to other persons under such regulations as the board of trustees may prescribe, upon payment of a rate of tuition to be fixed by said board, and without the aforesaid declaration of in- tention to teach in the public schools of this State; said board of trustees shall also fix the fees for ad- mission of pupils to the practice department of said normal school. [L. '89, p. 412, Sec. 8; Mills Ann. St., Sec. 4125. Officers of Boards Duties Bond. Sec. 9. The board of trustees shall elect from among their number, at the first and every succeed- ing annual meeting of said board, a president, who shall preside at all meetings and perform such duties as are incumbent upon such office. The board shall also elect a secretary, who shall not be a member of the board, and who shall hold office for the term of one year, and until his successor shall be elected and qualified. The said secretary shall give bond in a sum to be fixed by the Superintendent of Public Instruction, for the faithful handling and true ac- counting and delivery of all moneys and property of said school coming to his hands or control, which bond SCHOOL LAWS OF THE STATE OP COLORADO. 93 shall be filed with the Secretary of State, after ap- proval of the sureties thereon by the said board of trustees. No secretary elected as aforesaid shall re- ceive into his possession or control any money or property of said normal school until after he shall have executed his bond and the same shall have beeen approved and filed as aforesaid. The State Treasurer shall be, ex officio, treasurer of the State Normal School. [L. '89, p. 412, Sec. 9; Mills Ann. St., Sec. 4126. Diplomas Examination Graduation. Sec. 10. The State Normal School is authorized to grant diplomas to such students as shall have com- pleted the full course of instruction in said normal school, shall have been recommended by the faculty, and shall have passed a final examination upon the branches embraced in the prescribed course of study ; such examination to be conducted by the examining board, consisting of the State Superintendent of Pub- lic Instruction, a county superintendent of schools within the State, appointed for the purpose by the Governor, and the principal of said school. Such di- ploma, when signed by the members of said examin- ing board and the president and secretary of the board of trustees, shall be evidence that the receiver thereof is a graduate of the state normal school, and entitled to all the honors and privileges of such graduates. [L. '89, p. 412, Sec. 10; Mills Ann. St., Sec. 4127. Diploma License to Teach License Annulled. Sec. 11. The said diploma shall license the re- ceiver thereof to teach in any of the public schools of this state, when a certified copy thereof shall have been filed in the office of the county superintendent of schools in the county wherein such graduate is teach- ing or proposes to teach. Such license may be an- nulled by the State Superintendent of Public Instruc- tion, who shall give immediate notice thereof to the several county superintendents of the state, and such 94 SCHOOL LAWS OF THE STATE OF COLORADO. license may be suspended in any county by the super- intendent of schools for such county, pending the action of the Superintendent of Public Instruction. [L. '89, p. 413, Sec. 11; Mills Ann. St., Sec. 4128. No Fee for Diploma. Sec. 12. No fee shall be charged or received for any diploma or certificate authorized by this act. [L. '89, p. 413, Sec. 12; Mills Ann. St., Sec. 4129. Compensation of Trustees. Sec. 13. The trustees of said normal school shall be entitled to receive five dollars per day and their necessary traveling expenses, when actually employed in the performance of their duties as such trustees. [L. '89, p. 413, Sec. 13; Mills Ann. St., Sec. 4130. Board Receive and Hold Money and Property. Sec. 14. The board of trustees of the said nor- mal school shall have power to receive, demand and hold for the uses and purposes of said school such money, lands or other property as may be donated or devised for or thereto, and to apply the same, within the powers conferred by law, in such manner as shall best subserve the interests and objects of said normal school. [L. '89, p. 413, Sec. 14; Mills Ann. St., Sec. 4131. Funds and Revenues Apportioned. Sec. 15. The funds and revenues for the estab- lishment and maintenance of said normal school, for the payment of its officers, teachers and employes, and for all purposes incident thereto or necessary for the proper founding, continuance and successful conduct thereof, shall be appropriated and apportioned in such manner as the general assembly shall by law provide. [L. '89, p. 413, Sec. 15; Mills Ann. St., Sec. 4132. Report of Trustees Contents Verification. Sec. 16. The trustees of the State Normal School shall make and file with the State Board of Educa- SCHOOL LAWS OF THE STATE OF COLORADO. 95 tion, on or before the first day of August in each year, a report of the affairs and conduct of said nor- mal school during the year last preceding such re- port. Said annual report shall be made upon blanks prepared by the Superintendent of Public Instruc- tion, approved by the State Board of Education, and shall include the following, viz. : First The number of students enrolled during the preceding year, their sex, age, residence and place of birth. Second The attendance each day; the average attendance for each week and term, and during the year; the number of days the school was taught in the year. Third The full curriculum of instruction in said school; the classification and departments thereof; the branches taught ; time devoted to each ; text books and apparatus in use ; number of books in the library ; requirements for admission and graduation, with dates and requirements for examinations. Fourth The number of. students in each depart- ment and class; number of diplomas granted, and to whom; number, names and residence of graduates; number of suspensions and expulsions, and cause of same. Fifth The names and number of teachers in each class and department length of time each has been employed, and salary paid to each. Sixth Names, individual employment and num- ber of all other employes in and about the school, with rate and amount of wages paid to each. Seventh A full financial statement, classified and itemized, of the business department of the school and corporation, covering receipts and expen- ditures from and by all sources, and in such form as to show the average cost of the school per month for each pupil, and in gross for the year; cash on hand or deficit at the beginning and end of year. 96 SCHOOL LAWS OF THE STATE OF COLORADO. Eighth An estimate of necessary expenditures, ordinary and special, for the next ensuing year. Ninth Such other particulars as the said board of education may require, necessary to a fair and complete showing and fair understanding of all the affairs of said normal school. Said report shall be signed by the president and secretary of the said board of trustees, and verified by the oath of one or more of their number. [L. '89, p. 414, Sec. 16 ; Mills Ann. St., Sec. 4133. COLORADO SCHOOL FOR DEAF AND BLIND. Institute Located at Colorado Springs. 1. There shall be permanently maintained at the city of Colorado Springs, in the County of El Paso, an institution for the support and education of the mute and blind residing within the State of Colorado. [G. L. '77, p. 653, Sec. 1891; G. S. '83, p. 730, Sec. 2430; Mills Ann. St., Sec. 2430. Body Corporate Name Powers. Sec. 2. Such institute shall be a body corporate under the name of "Colorado School for the Deaf and the Blind," and may sue and be sued, may take and hold real estate by gift, devise or otherwise, for the use and benefit of such school. [G. L. '77, p. 653, Sec. 1892; G. S. '83, p. 731, Sec. 2431; Mills Ann. St., Sec. 3250, as amended by L. '95, p. 223, Sec. 1 ; 3 Mills Ann. St., Sec. 3250. Admission of Pupils Support County Superintendents Re- port. Sec. 3. Every blind, deaf or mute citizen of the State of Colorado, of sound mind, over six (6) and under twenty-one (21) years of age, shall be entitled to receive an education in said institute at the ex- pense of the state. All applicants above the age of twenty-one (21) years may be admitted at the options SCHOOL LAWS OF THE STATE OF COLORADO. 97 of the board. Each county superintendent of com- mon schools shall report on the first day of June in each year to the superintendent of the School for the Education of the Deaf and Blind, the name, age, and postoffice address of every blind or deaf person of suitable age for admission to said school, residing in his county, including all such persons as may be too deaf or blind to acquire an education in the com- mon schools. Applicants for admission to said school from other states, if within the ages prescribed by this sec- tion, may be admitted upon payment of such a sum quarterly as the board of trustees of said school may determine. [G. L. '77, p. 656, Sec. 1902; G. S. '83, p. 733, Sec. 2441 ; Mills Ann. St., Sec. 3253, as amended by L. '95, p. 223, Sec. 1 ; Mills Ann. St., Sec. 3253. 1. County Superintendent ascertain number of deaf mutes. Sec. 54. FLAGS. DISPLAY BY SCHOOLS. An Act to authorize school directors to purchase and display United States flags upon school buildings. Approved March 26, 1891. In force June 24, 1891. [L. '91, p. 322. Directors Purchase Flag Flagstaff Display. Section 1. The school directors of the several school districts in this state may purchase or cause to be purchased a suitable American flag of standard bunting, not less than eight by twelve (8x12) feet in size, and they may erect and maintain or cause to be erected and maintained upon each public school build- ing or the grounds belonging thereto, a suitable flag- staff with the necessary appliances for displaying said flags, and may cause said flag to be displayed upon said staff upon all National and State holidays, the first and last days of each school term, and such other occasions as such school directors shall prescribe. [L. '91, p. 322, Sec. 1 ; 3 Mills Ann. St., Sec. 4015 a. 98 SCHOOL LAWS OF THE STATE OF COLORADO. Each Department Keep Flag. Sec. 2. Every school within this State may have placed and kept in a conspicuous position in each de- partment thereof at least one American flag of stand- ard bunting, not less than three by five (3x5) feet in size. [L. '91, p. 322, Sec. 2; 3 Mills Ann. St., Sec. 4015 b. Expense of Purchasing and Care of Flag. Sec. 3. It shall be lawful for the school direct- ors of each school district in this state to pay for said flags and staffs and to provide for the proper care and maintenance of the same, from any special school funds which they may have in their hands or which may be subject to their order, or to include the School Laws of the State of Colorado 27 expense thereof in the next annual estimate for school expenses, or in any tax levy for school pur- poses; and the expense thereof for any public school shall be met by said directors or other officers charged with the duty of raising or appropriating any money for school purposes as any other neces- sary expenses or expenditures for school purposes are raised. [L. '91, p. 323, Sec. 3; Mills Ann. St., Sec. 4015 c. Applies to All Institutions. Sec. 4. This act shall be held to apply to all institutions directly or indirectly under the control of the State of Colorado or any of its officers, and it shall be the duty of such officer or officers to see that this act is complied with. [L. 91, p. 323, Sec. 4; 3 Mills Ann. St., Sec. 4015 d. Injury to Flag. Sec. 5. Any person who shall wilfully injure, deface, or destroy any flag, flag-staff, or other mate- rials placed in any room or building or upon any building or school grounds for the carrying out of this act, shall be deemed guilty of a misdemeanor SCHOOL LAWS OF THE STATE OF COLORADO. 99 and punished accordingly. [L. '91, p. 323, Sec. 5; 3 Mills Ann. St., Sec. 4015 e. Superintendent of Public Instruction Publish Act. Sec. 6. It shall be the duty of the Superintend- ent of Public Instruction to publish this act in con- nection with the school law of this state. [L. '91, p. 323, Sec. 6 ; 3 Mills Ann. St., Sec. 4015 f . DISPLAY ON PUBLIC BUILDINGS. An Act relating to the display of flags on public and private buildings, and in processions and parades, and providing a pen- alty for the violations of this act. Approved March 5, 1895. In force June 3, 1895. [L. '95, p. 177. Display of Flag Other Than United States. Section 1. It shall be unlawful to display any flag upon any State, County or Municipal buildings in this State, except the flags of the United States; Provided, however, That whenever any foreigner shall become the guest of the United States, or of the State of Colorado, or of any city of this state, or upon the occasion of the visit of any foreign minister, envoy or embassador in his official or representative capac- ity, the flag of the country of which such person shall be a citizen may be displayed upon such pub- lic buildings ; and it shall be unlawful to display the flag of any anarchistic society upon any public or private building or in any street procession or parade within the state of Colorado. [L. '95, p. 177, Sec. 1; 3 Mills Ann. St., Sec. 1968 a. Violation. Sec. 2. Any violation of this act is hereby de- clared a misdemeanor and shall be punished by a fine of not less than fifty (50) nor more than five hun- dred dollars (|500). [L. '95, p. 177, Sec. 2; 3 Mills Ann. St., Sec. 1968 b. 100 SCHOOL LAWS OF THE STATE OF COLORADO. KINDERGARTENS. An Act to empower the school board of any district to estab- lish and maintain free kindergartens for the instruction of chil- dren between three and six years of age. Approved and in force March 14, 1893. [L. '93, p. 436. Free Kindergartens May Be Established Cost. Section 1. The school board of any school dis- trict in the state shall have power to establish and maintain free kindergartens in connection with the public schools of said district, for the instruction of children between three and six years of age, residing in said district, and shall establish such courses of training, study and discipline and such rules and regulations governing such preparatory or kinder- garten schools as said board may deem best; Pro- vided, That nothing in this act shall be construed to change the law relating to the taking of the cen- sus of the school population or the apportionment of state and county school funds among the several counties and districts in this state ; Provided, further, That the cost of establishing and maintaining such kindergartens shall be paid from the special school fund of said districts, and the said kindergartens shall be a part of the public school system and gov- erned as far as practicable in the same manner and by the same officers as is now, or hereafter may be, provided by law for the government of the other pub- lic schools of the state; Provided, further, That teachers of kindergarten schools shall have a di- ploma from some reputable kindergarten teachers' institute, or pass such examination on kindergarten work as the kindergarten department of the State Normal School may direct. [L. '93, p. 436, Sec. 1; 3 Mills Ann. St., Sec. 4015 g. 1. See Constitution, Art. IX., Sec. 11. SCHOOL LAWS OF THE STATE OF COLORADO, 101 REPORT OF FINES IMPOSED. An Act to provide for reporting fines collected for the benefit of the general school fund. Approved March 2, 1893. In force May 31, 1893. [L. '93, p. 304. Justice Report Fines. Section 1. Every justice of the peace or other magistrate by whom any fine or penalty has been imposed which under the statute should be paid into the general school fund, shall at the next -regular quarterly meeting of the board of county commis- sioners submit an itemized report showing date of trial, title of case, nature of offense and amount of fine, giving amounts collected, amounts uncollected, and accompany said report with receipts from the county treasurer for amounts so collected and paid over to him. [L. '93, p. 304, Sec. 1; 3 Mills Ann. St., . 2775 a. County Treasurer Bender Statement. Sec. 2. The county treasurer, at the time of ren- dering to the county superintendent of schools his quarterly certificate of taxes collected (as provided in section sixty-six ( 66 ) of chapter XCVII being gen- eral section three three thousand and sixty-one ( 3061 ) of the General Statutes of the State of Colorado) shall show separately in said certified statement the amounts received from fines and by whom paid in. [L. '93, p. 304, Sec. 2; 3 Mills Ann. St., Sec. 2775 b. Apply to Those Now in Office. Sec. 3. This act shall be construed to apply to and effect those now in office during the remainder of their terms. [L. '93, p. 304, Sec. 3; 3 Mills Ann. St., Sec. 2775 c. Repeal. Sec. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. [L. '93, p. 304, Sec.. 4; 3 Mills Ann. St., Sec. 2775 d. 102 SCHOOL LAWS OF THE STATE OF COLORADO. CITY OF CENTRAL. An Act to amend the charter of the city of Central ; to repeal sections 3, 4, 5, 6 and 7 of an act entitled "An act to amend an act entitled 'An act to incorporate the city of Central, approved March 11, 1864,' approved February 10, 1865;" to repeal all other acts and parts of acts in conflict herewith. Approved and in force April 4, 1899. L. '99, p. 195. School District Organized in City of Central. Section 1. Immediately upon the taking of effect of this act, a school district or school districts shall be organized in the City of Central, under the general school law of this state, and from and after the or- ganization thereof, the public schools in said city shall be organized, managed and controlled in all respects in the manner provided by the general school law of this state. [L. '99, p. 195, Sec. 1. City Treasurer Pay Over Moneys to County Treasurer. Sec. 2. The city treasurer of the city of Central is hereby authorized and directed to pay over to the county treasurer of Gilpin county, Colorado, for the use and benefit of such school district or districts, as may be organized in pursuance of this act, all moneys in his hands standing to the credit of the school fund or which may hereafter come into his hands belong- ing to the said school fund; Provided, That the county treasurer shall not be entitled to any fees of commission upon funds so received from said city treasurer. [L. '99, p. 195, Sec. 2. City Council Transfer Property. Sec. 3. The city council of the City of Central shall provide by ordinance for the transfer, to the school district or school districts organized in pursu- ance of this act, of the title to all property, real and personal, belonging to, or in any wise appertaining to the public schools in said city. [L. ? 99, p. 195, Sec. 3. SCHOOL LAWS OF THE STATE OF COLORADO. 103 Not Affect Contracts, Etc. Sec. 4. This act shall not affect in any way, form or manner any agreement, contract, liability or pro- ceeding entered into, executed, incurred or done prior to the passage of this act. [L. '99, p. 195, Sec. 4. Repeal. Sec. 5. That sections 3, 4, 5, 6 and 7 of "An Act to Amend an Act entitled 'An Act to incorporate the City of Central, 7 approved March 11, 1864," approved February 10, 1865, and all acts and parts of acts in conflict herewith, be and the same are hereby re- pealed. [L. '99, p. 195, Sec. 5. HIGH SCHOOLS. An Act to provide for the establishment and support of high schools in counties of the fourth and fifth classes. Approved April 8, 1899. In force July 7, 1899. L. '99, p. 267. Establishment of High School Election. Section 1. At any general election subsequent to the passage of this act, the question of organizing any county of the fourth or fifth class as classified by law with reference to the salaries of district attor- neys and county officers into one school district for high school purposes shall be submitted to the qual- ified electors of such county, provided a petition signed by fifty taxpayers resident therein asking that the question be thus submitted, shall have previously been presented to the county commissioners not later than their regular October meeting. At which time the first petition presented shall be alone considered. Said petition shall state the maximum amount of tax to be levied for the support of the high school which shall in no case exceed the limit fixed by this act. [L. '99, p. 267, Sec. 1. 1. Union High School. Sec. 33. High School Committee How Selected Officers. Sec. 2. Whenever a majority of the votes cast on the question of organizing any county of the fourth 104 SCHOOL LAWS OF THE STATE OF COLORADO. or fifth class into one school district for high school purposes shall be in favor of such organization, the superintendent of schools of such county shall, by notification through the mail and by publication where practicable, call a meeting of the boards 'of di- rectors of all the districts of said county, which meet- ing shall elect by ballot from among the members of said boards of directors a committee of four, which shall be known as the high school committee; Pro- vided, That no two members of any board of directors shall, at the same time, be members of the high school committee, except in counties where there are fewer than four districts. The county superintendent of schools shall be, ex-officio, a member of the high school committee, and secretary thereof. The com- mittee shall select from its members a president, and, if need be, a treasurer. [L. ? 99, p. 267, Sec. 2. 1. Committee on Union High School. Sec. 34. Term of Office Vacancy, How Filled. Sec. 3. The term of office of a member of the high school committee shall expire simultaneously with the expiration of his term of office as a director of the school district wherein he resides, and the va- cancy thus created shall be filled by the boards of directors of the various districts of the county at a meeting held not later than thirty days subsequent to the occurrence of the vacancy. The secretary of the committee shall give each board of directors at least ten days' notice of the holding of such meet- ing. All vacancies caused in any other manner than by expiration of term of office shall be filled by ap- pointment by the county superintendent of schools. [L. '99, p. 268, Sec. 3. Meetings of Committee. Sec. 4. The regular meetings of the high school committee shall be held on the first Saturday of March, June, September, and December of each year, and special meetings may be held upon call of the SCHOOL LAWS OF THE STATE OF COLORADO. 105 president or secretary of said committee, or upon call of any two members thereof. [L. '99, p. 268, Sec. 4. Powers Duties Limit of Tax. Sec. 5. With reference to any high school organ- ized under the provisions of this act, or heretofore organized, as a Union High School at any county seat, under section 3997, Mills' Annotated Statutes. The high school committee shall exercise all powers, and perform all duties, that are., at the time of adop- tion of this act, accorded to, and required off (of) di- rectors of first and second-class districts throughout the state; provided, that the amount of tax certified to the county commissioners for the maintainance (maintenance) of the high school shall in no case ex- ceed two mills on the dollar of the assessed valuation of the county. [L. '99, p. 268, Sec. 5. 1. Section 3997 referred to is Sec. 33 hereof. Admission Tuition Fee. Sec. 6. Admission to any high school organized and maintained under the provisions of this act, or heretofore organized as a union high school at any county seat, under section 3997 Mills' Annotated Statutes, shall be upon terms prescribed by the high school committee; but no tuition fee shall be exacted from any resident of the county wherein such high school exists. [L. '99, p. 269, Sec. 6. 1. Section 3997 referred to is Sec. 33 hereof. High School Tax Commissioners Levy Collected. Sec. 7. It is hereby made the duty of the county commissioners of any county wherein a high school is organized under the provisions of this act, or here- tofore organized as a union high school at any county seat, under section 3997 Mills' Annotated Statutes, to levy annually at the time of levying taxes for other purposes, a high school tax on all the taxable prop- erty of the county, said tax not to exceed two mills 106 SCHOOL LAWS OF THE STATE OF COLORADO. on the dollar of the assessed valuation. The high school tax shall be collected in the same manner as other taxes are collected, and shall be paid out by the county treasurer on warrant drawn by the secretary of the high school committee, signed by the president and countersigned by one other member. [L. '99, p. 269, Sec. 7. 1. Section 3997 referred to is Sec. 33 hereof. Increase of Tax Levy. Sec. 8. Whenever, subsequent to the organiza- tion of a high school under the provisions of this act, it shall deem desirable to increase the tax levy for high school purposes, beyond the maximum fixed by the original petition, the question of such increase may be submitted to the qualified electors of the county in the manner provided by section one of this act for the submission of the original question. [L. ? 99, p. 269, Sec. 8. INTEREST. Bate of Interest. Sec. 4. County orders and warrants, town and city and school orders and warrants and other like evidences or certificates of municipal indebtedness shall bear interest at the rate of six per centum per annum from the date of presentation thereof for pay- ment, at the. treasury where the same may be paya- ble, until there is money in the treasury for the pay- ment thereof, except when otherwise specially pro- vided by law, and every county treasurer, town treas- urer and city treasurer to whom any such county, town, city or school order or warrant is presented for payment, and who shall not have on hand the funds to pay the same, shall endorse thereon the rate of interest such order or warrant will draw and the date of such presentation, and subscribe such en- dorsement with his official signature; Provided, That all such orders and warrants may be made to bear a SCHOOL LAWS OF THE STATE OF COLORADO. 107 lower rate of interest than above specified, by special agreement between such counties, towns and cities issuing the same, and the person to whom such orders or warrants are issued. [L. '99, p. 324, Sec. 1. LIMIT OF TAXATION. An Act in relation to taxation; limiting the amount of the tax levies for county purposes, classifying the counties for the purpose of this act and repealing all acts and parts of acts in con- flict herewith. Approved and in force April 8, 1899. L. '99, p. 408. Classes of Counties. Section 1. For the purpose of limiting the amount of the tax levies for county purposes, as here- inafter provided, the several counties in this State are hereby classified into ten classes, to be known as the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth and ten classes. [L. '99, p. 408, Sec. 1. Classification of Counties. Sec. 2. The county of Arapahoe shall belong to and constitute the first class; the counties of Weld, El Paso and Pueblo shall belong to and constitute the second class; the counties of Boulder, Fremont and Las Animas shall belong to and constitute the third class; the counties of Elbert, Hinsdale, and Larimer shall belong to and constitute the fourth class; the counties of Chaffee, Clear Creek, Douglas, Jefferson, Lincoln, Rio Grande and Saguache shall belong to and constitute the fifth class; the counties of Chey- enne, Delta, Kiowa, Kit Carson, La Plata, Morgan, Otero, and Prowers shall belong to and constitute the sixth class ; the counties of Costilla, Conejos, Custer, Dolores, Garfield, Gilpin, Gunnison, Eagle, Huerfano, Logan, Mesa, Montezuma, Montrose, Routt, Rio Blanco, Summit, Teller, Washington and Yuma shall belong to and constitute the seventh class; the coun- ties of Baca, Bent, Lake, Ouray, Park, Pitkin, San Juan, San Miguel and Sedgwick shall belong to and constitute the eighth class ; the counties of Archuleta, Grand and Phillips shall belong to and constitute 108 SCHOOL LAWS OF THE STATE OF COLORADO. the ninth class; and the county of Mineral shall be- long to and constitute the tenth class. [L. '99, p. 408, Sec. 2. Limit of Levy. Sec. 3. There shall be levied and assessed upon all taxable property, both real and personal, within the several counties of this state the following taxes : For ordinary county revenue, including the support of the poor and for the purpose of raising a fund to meet any unforseen contingencies, such rate as may be necessary, not to exceed three mills on each dollar of valuation in counties of the first class; not to ex- ceed six mills on each dollar of valuation in counties of the second class; not to exceed seven and one half mills on each dollar of valuation in counties of the third class; not to exceed eight and one half mills on each dollar of valuation in counties of the fourth class; not to exceed ten and one half mills on each dollar of valuation in counties of the fifth class ; not to exceed twelve mills on each dollar of valuation in counties of the sixth class; not to exceed fifteen mills on each dollar of valuation in counties of the seventh class ; not to exceed sixteen mills on each dollar of val- uation in counties of the eighth class; not to exceed twenty mills on each dollar of valuation in counties of the ninth class ; not to exceed twenty five mills on each dollar of valuation in counties of the tenth class ; Pro- vided, That any county may levy such rate as it may see fit for the erection, maintaining, repairing, leas- ing or renting of county buildings, for roads and bridges, bonds and interest thereon, or judgment bonds and interest thereon and for school purposes. [L. '99, p. 409, Sec. 3. 1. School boards certify amount of levy. Sec. 67. Repeal. Sec. 4. All acts or parts of acts in conflict with this act are hereby repealed, so far as the same con- flict with this act. [L. '99, p. 409, Sec. 4. SCHOOL LAWS OF THE STATE OF COLORADO. 109 SALARIES OF COUNTY SUPERINTENDENTS AND DEPUTIES. An Act to provide for the payment of salaries to certain offi- cers, to provide for the disposition of certain fees, and to repeal all acts inconsistent therewith. Approved April 6, 1891. In force July 5, 1891. [L. '91, p. 307, as amended by L. '99, p. 389. Classification of Counties Salaries Mileage. Sec. 14. For the purpose of regulating the amount of compensation of county superintendents of schools, the counties of the state are divided into seven classes, as follows : Arapahoe, El Paso and Las Animas shall be first class; Pueblo, Weld, Boulder and Fremont shall be second class; Conejos, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose and Otero counties shall be third class; Chaffee, Clear Creek, Douglas, Delta, Eagle, Elbert, Garfield, Jefferson, Gunnison, La Plata, Ouray, Rio Grande, Pitkin, Park and Saguache shall be fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, Montezuma, Prowers, Routt and San Miguel shall be fifth class ; Archuleta, Baca, Costilla, Grand, Kiowa, Lincoln, Morgan, Min- eral, Phillips, Rio Blanco, Sedgwick, Summit, Wash- ington and Yuma shall be sixth class; Dolores, Hins- dale and San Juan shall be seventh class. County superintendents of schools shall receive the following compensation, to be paid quarterly out of the county treasury, to- wit: In counties of the first class, an annual salary of twenty-eight hundred dollars ($2,800) ; in counties of the second class, an annual salary of two thousand dollars ($2,000) ; in counties of the third class, an annual salary of twelve hundred dollars ($1,200) ; in counties of the fourth class, an annual salary of eleven hundred dol- lars ($1,100) ; in counties of the fifth class, an annual salary of eight hundred dollars ($800) ; in counties of the sixth class, an annual salary of five hundred dollars ($500) ; in counties of the seventh class, an annual salary of one hundred dollars ($100). In all but first and second class counties, boards of county 110 SCHOOL LAWS OF THE STATE OF COLORADO. commissioners may allow mileage, not to exceed ten cents per mile, for distance necessarily and actually traveled in the performance of duty not to exceed an aggregate of three hundred dollars per annum in any county. [L. '91, p. 312, Sec. 14; 3 Mills Ann. St., Sec. 1936 u, as amended by L. '99, p.- 394, Sec. 10. 1. County provide furniture, stationery, etc., for county offi- cers. 1 Mills Ann. St., Sec. 804. Deputies of County Officers Compensation. Sec. 17. Deputies and assistants may be em- ployed by the sheriffs, county clerks, county treas- urers, county assessors and county superintendents of schools, under the direction of the board of county commissioners for said counties respectively, and clerks of the district court under direction of the judge of said court, and shall be paid salaries out of the fees, commissions and emoluments of the office wherein employed (except employes of county as- sessor and of county superintendent, who shall be paid out of the county treasury), the compensation and time of service to be fixed by the board, the selec- tion of said deputies and employes to be made by the officer authorized to employ them; Provided, That the provisions of this section relating to the county superintendents of schools shall apply only in coun- ties of the first class. [L. '91, p. 313, Sec. 17; 3 Mills Ann. St., Sec. 1936 x, as amended by L. '97, p. 143, Sec. 1, as amended by L. '99, p. 395, Sec. 11. Not Apply to Those Now in Office. Sec. 25. This act shall not be construed to af- fect those now in office during their present term of office, but shall apply to all officers hereafter elected or appointed. [L. '91, p. 315, Sec. 25 ; 3 Mills Ann. St., Sec. 1936 fl. Repeal. Sec. 26. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. [L. '91, p. 315, Sec. 26 ; 3 Mills Ann. St., Sec. 1936 gl. SCHOOL LAWS OF THE STATE OF COLORADO. Ill TELLER COUNTY. An Act to establish the county of Teller and the temporary county seat thereof; providing for the appointment of its precinct and county officers, fixing the terms of court therein, and attach- ing the same to certain congressional, senatorial, representative, judicial and normal districts. Approved March 23, 1899. In force March 23, 1899. L. '99, p. 410. County Treasurer Pay Over Money. Sec. 8. The county treasurers of the counties of El Paso and Fremont shall, as soon as the said county of Teller shall be organized, pay over to the county treasurer of said county of Teller all moneys and funds in their hands credited to the different school districts included within the boundaries of the said county of Teller for the use and benefit of said school districts. [L. '99, p. 413, Sec. 8. 112 BLANK FORMS FOR USE OF BLANK FORMS FOR THE USE OF School Officers and Teachers, NO. 1. FORM OF OATH OF SCHOOL OFFICERS. (See Sections 13, 22 and 47.) State of Colorado, ) County of \ I, , do solemnly swear (or affirm) that I will faithfully perform the duties of of school district No , in the County of , to the best of my skill and ability; and that I will carefully keep and preserve all records, books and other property of the said district that may come into my hands, and deliver the same to my lawful succes- sor in office ; and, further, that I will support the con- stitution of the United States and the Constitution of this State, and the laws of this State, made in pursu- ance hereof ; so help me God. C D.... [Seal] Subscribed and sworn to before me this day of , 189. . . E F Remarks. The foregoing oath should be taken before a county superintendent, notary public, justice of the peace, or some officer duly authorized by law to administer oaths. The county superintendent's oath should be filed with the county clerk within thirty days after his election, and the oath of district officers should be filed with the county superintendents within thirty days after their election. SCHOOL OFFICERS AND TEACHERS. 113 NO. 2. FORM OF COUNTY SUPERINTENDENT'S BOND. (See Section 13.) Know All Men by These Presents, That we A B , C D ,andE F , of the County of , and State of Colorado, are held and firmly bound unto the people of the state of Colorado, in the full and just sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. In Witness Whereof, We have hereunto set our hands and seals this day of , A. D. 189... The condition of the foregoing obligation is such, That, whereas, the above bounden A B was, on the .... day of , A. D. 189 . . . , duly elected (or appointed, if that be the case) county su- perintendent of schools of the county aforesaid, for the term of ; Now, Therefore, If the said A B shall faithfully perform all the duties of said office, according to the laws which now are, or may here- after be in force, and shall render a just and true ac- count of all money or other property which may come into his hands or under his control as superintendent of the schools of said county, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as such county superintendent, then this obligation shall be void; otherwise it shall remain in full force. A B [Seal] C D [Seal] E F [Seal] Signed, sealed and delivered in the presence of L M O.. P.. 114 BLANK FORMS FOR USE OF Remarks The penal sum named in the bond is to be fixed by the board of county commissioners, but in no case shall the sum be less than $2,000. NO. 3. FORM OF A PETITION OF PARENTS AND GUARDIANS WHO DESIRE TO FORM A NEW DISTRICT FROM PARTS OF ONE OR MORE OLD ONES. (See Section 27.) To , County Superintendent of Schools, County : We, the undersigned, residents of district (or districts) No , respectfully represent that we de- sire to form a new district, with boundaries as fol- lows, viz. : [Here describe the proposed bounds, fol- lowing government lines as far as practicable.] We further declare that, collectively, we are the parents or guardians of at least ten children of school age, and we hereby certify that the list of names of per- sons of school age which is attached to and made a part of this petition, is a correct list of all such per- sons residing in the proposed district. SCHOOL OFFICERS AND TEACHERS. 115 NAME. NAME. NAMES OF PERSONS OF SCHOOL AGE. 116 BLANK FORMS FOR USE OF Remarks Give postoffice address of some or all signers. The list of children should be carefully filled up by some person interested in the change be- fore the paper is circulated for signatures. NO. 4. FORM OF ORDER DIRECTING A PETITIONER TO GIVE NOTICE OF THE FORMATION OF A NEW DISTRICT. (See Section 27.) Office of County Superintendent of Schools, County, Colorado. ToC D : You are hereby notified that I have received a petition signed by yourself and others, informing me that you desire to form a new school district of the territory described as follows, to-wit : [Description as above.] In order that the wishes of the residents of said proposed district may be ascertained, you will please notify, by personal service as far as convenient, each elector residing therein, and also post notices in three public places (one of which shall be the place of meeting) that such a petition has been made, and that a meeting will be held, naming the time and place of such meeting, to determine whether such district shall be formed. You will, also, please no- tify me by mail of the time and place of such meeting. Kespectfully yours, County Superintendent. Eemarks In the formation of a new district, every step should be strictly in accordance with the law. The notices posted should contain a clear de- scription of the proposed district. SCHOOL OFFICERS AND TEACHERS. 117 NO. 5. FORM OF NOTICE FOR A MEETING TO ORGANIZE A NEW DISTRICT. SCHOOL DISTRICT MEETING. To all whom it may concern : Whereas, It is proposed to organize a new school district of that part of County described as follows, to-Avit: [Description.] Notice is hereby given, as per direction of the County Superintendent of public instruction of said county, that a meeting of the electors residing within the boundaries afore- said will be held at , on the day of , A. D. 189. ., at o'clock . . m., when a vote will be taken by ballot, on the question whether or not the proposed district shall be organ- ized. If the vote shall be in the affirmative, a Board of Directors will then be elected. By order of , County Su- perintendent of Schools. C D Dated ,189... Remarks After the organization, a copy of the notice and of the proceedings of the meeting should be sent to the county superintendent. The ballot box should be kept open long enough to give every elector an opportunity to vote never less than three hours. If the proceedings were in accordance with the law, the county superintendent should number and record the district, and notify the secretary of his action. 118 BLANK FORMS FOR USE OF NO. 6. FORM OF BOND TO BE GIVEN BY THE SECRETARY OR TREASURER OF EACH SCHOOL DISTRICT. (See Section 47.) County of / State of Colorado, Know All Men by these Presents, That we, A B , principal, and C D , and E F , sureties, are held and firmly bound unto School District No. , in the County of , State of Colorado, in the full sum of dollars, lawful money of the United States, to which payment, well and truly to be made, we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. In witness whereof, We have hereunto set our hands and seals this day of , A. D. 189... The condition of the foregoing obligation is such, That, whereas, the above bounden A B was, on the .... day of A. D. 189. . ., duly elected (or appointed) Secretary (or Treasurer) of School District No , in the County of , and State of Colorado, for the term of Now, therefore, If the said A B shall faithfully discharge all the duties of said office, according to the laws which now are, or which may hereafter be in force, and shall faithfully apply all moneys which may come into his hands by virtue of said office, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as said officer, within ten days after the same shall have been demanded by such successor, then this obligation shall be void ; otherwise it shall remain in full force. A B [Seal] C D [Seal] E F [Seal] SCHOOL OFFICERS AND TEACHERS. 119 Signed, sealed and delivered in presence of L M X Y Remarks The penal sum named in the above bond should be at least twice the amount likely to be in the hands of the officer at any one time during his term of office. The bond must be filed with the county superin- tendent. NO. 7. FORM OF REQUEST TO BE MADE BY TEN LEGAL VOTERS OF A DISTRICT TO THE BOARD OF DIRECTORS, FOR THE CALLING OF A SPECIAL MEETING. (See Section 62.) To the Board of Directors of School District No , in County, Colorado : The undersigned, legal voters of school district No. . . . , in County, Colorado, request you to call a special meeting of said district for the pur- pose of Dated this day of , A. D. 189. . A B C D E F G H L M O P Q K S T U V W . X. 120 BLANK FORMS FOR USE OF \^ NO. 8. FORM OF NOTICE OF SPECIAL MEETING. (See Sections 62 and 63.) Notice A special meeting of the legal voters of School District No. . . . , in the County of , called on the written request of ten legal voters (or called by the district board, as the case may be), will be held at (the district school house or other place) on the day of , 189 . . . , at .... o'clock ( p. m. ) , for the purpose of ( here specify every item of business that is to be brought before the meeting. ) A B Posted , 189. . Secretary. Remarks This notice should be posted at least twenty days previous to the meeting, in three separate public places within the district, and a copy fur- nished to the teachers of each school in the district, to be read once in the presence of the pupils. Business not specified in this notice can never be lawfully transacted at such special meeting. NO. 9. FORM OF NOTICE OF ANNUAL MEETING. (See Section 44.) Notice is hereby given, That the annual meet- ing of the legal voters of school district No , in the county of , will be held (at the school house or other place) on Monday, the day of May, 189 . . , for the purpose of electing ( one or more ) directors, as provided by law. The ballot box will be opened at the hour of .... m., and closed at the hour of .... m., and at .... m. the meeting will be organized for the transaction of any other business pertaining to school interests that may be brought before it. Secretary of School District No , County of Posted April ,189.. SCHOOL OFFICERS AND TEACHERS. 121 Remarks The secretary of the district should give at least six days' previous notice of the regular meetings of the district (see Section 44), and should post the notices and furnish a copy to the teachers in the same manner as for special meetings. NO. 10. FORM FOR RECORDING PROCEEDINGS OF A MEETING HELD FOR THE PURPOSE OF ORGANIZING A NEW SCHOOL DISTRICT. (See Sections 27 and 28.) , 189.. On the .... day of , 189 . . , a petition, of which the following is a true copy, was made to X Y , county superintendent of public schools of county, to- wit : ( Here copy the petition.) Whereupon the said County Superintend- ent issued an order, of which the following is a copy, to-wit: (Here insert copy of the order.) In obe- dience to which order the following notice was posted, as required by section 27 of the school law, to-wit: ( Here insert a copy of the notice. ) In pursuance of the above notice, the electors of the proposed new school district assembled at at o'clock . . . m. The meeting was called to order by A B , and, on motion, C D was elected chairman, and E F secretary. On motion, G H was elected to act with the chairman and secretary as judges of election. On motion of K L , the electors began to vote by ballot upon the question of forming a new school district. The ballot box remained open for the reception of votes from .... o'clock . . . m., until .... o'clock .... in. Upon counting the ballots it was found that ballots were cast, of which were in favor of the organization and against. On motion of J K , the meeting proceeded to elect, by ballot, a board of directors. 122 BLANK FORMS FOR USE OF The following are the names of the persons voting: (Here record the names of the persons voting.) The ballot resulted in the election of C D , president ; E F , secretary, and G . . . H , treasurer, etc., etc. On motion of C D the meeting adjourned sine die. C D , Chairman. Attest : E F , Secretary. Eemarks A copy of the proceedings should be sent to the county superintendent, together with the certificate of some elector, that the notice of the meeting was posted in three public places, as re- quired by law. The person who posted the notice should sign the certificate of posting. If the district is formed from unorganized terri- tory, the secretary must send with this report a cer- tified list of the names of persons of school age re- siding in the district. A permanent record of the proceedings should be made in the secretary's books. NO. 11. FORM FOR RECORDING PROCEEDINGS OF A REGULAR OR SPECIAL MEETING OF THE DISTRICT. The regular ( or special, as the case may be ) meet- ing of school district No , in county, Colorado, convened at , at .... o'clock (p. m. ) , pursuant to previous notice given by the district secretary. The meeting was called to order by the Presi- dent. The Secretary being absent, on motion of Mr. A ,C D was elected secretary pro tern. SCHOOL OFFICERS AND TEACHERS. 123 Mr. S moved that a tax of two mills on the dollar be voted for the purpose of building a school house for the district. Mr. F moved to amend by striking out u two" and inserting "five," which was agreed to, and the motion as amended was decided in the affirma- tive. Mr. D moved that a tax of one mill on the dollar be levied for the purpose of defraying the contingent expenses of the district. Motion carried. On motion of Mr. F the meeting ad- journed sine die. L M , President. Attest : C D , Secretary. Kemarks Forms 10 and 11 are given with a view of assisting the inexperienced. Persons fa- miliar with such duties may vary the form, provided that the proceedings are accurately recorded. Much depends on the record of the proceedings of the district meeting; hence it should be correctly made and carefully preserved. Under the law, the voting of a tax for any pur- pose must be, in each year, "On or before the day designated by law for the county commissioners to levy the requisite taxes for the then ensuing year," and school boards certify the same to the county com- missioners. 124 BLANK FORMS FOR USE OF NO. 12. FORM OF COUNTY SUPERINTENDENT'S NOTICE OF APPORTIONMENT TO THE DISTRICT SECRETARY. Office of County Superintendent of Schools, County, Colorado. To A B , Secretary of School District* No , In County : You are hereby notified that I have this day ap- portioned to your district the sum of dol- lars, of the general school fund, which amount has been placed to the credit of your district on the books of the county treasurer. County Superintendent. Remarks This notice should be sent immedi- ately after each apportionment. TEACHER'S CONTRACT. STATE OF COLORADO. Date. . M At a meeting of the Board of Directors, held this day of . 189 . . , you were appointed to teach in the Public Schools of District No for the terms beginning and ending with the school month of , at a salary of Dollars (|. . . . ) per school month, payable monthly in warrants on the County Treasurer as provided for in Sections 53 and 68 School Law. The conditions of this appointment are, that you will faithfully observe the rules and regulations adopted by the Board for the government of the pub- lic schools of this district ; that you will exercise due SCHOOL OFFICERS AND TEACHERS. 125 diligence in the preservation of school buildings, grounds, furniture, apparatus, books and other school property ; that you will make promptly and correctly all reports of the school as required by the County Su- perintendent ; that you will keep a correct register and file the same with the President or Secretary of the Board or the Principal of the school, at the close of the school year as required in Section 61 School Law ; that you will hold a legal certificate of the grade, issued or approved by the County Superintendent of County. The Board reserves the right to increase or diminish the number of months of school that shall be held during the terms for which you are employed, by giving at least fifteen days' no- tice. By the President, Attest : Secretary. I hereby accept the appointment to teach in the Public Schools of District No , County, on the conditions above stated. Respectfully, . .Teacher. INDEX TO CONSTITUTION. BOARD OF EDUCATION Art. Sec. who constitute; powers; duties IX. 1 BOARD OF LAND COMMISSIONERS who constitute; powers IX. 9 duties; general provisions IX. . 10 CHURCH appropriation to, from school fund prohibited IX. 7 COMPULSORY EDUCATION provisions concerning IX. 11 COUNTY COMMISSIONERS fill vacancy in office of County Superintendent XIV. 9 COUNTY OFFICERS election of XIV. 8 qualifications XIV. 10 vacancy in office, how filled XIV. 9 COUNTY SCHOOL FUND See "Fifnds." COUNTY SUPERINTENDENT election of XIV. 8 ex officio land commissioner IX. 6 term of office; duties; qualifications; compensation.. IX. 6 vacancy in office, how filled XIV. 9 128 INDEX TO CONSTITUTION. COUNTY TREASURER Art. Sec. duties in relation to school funds of county IX. 4 election of... XIV. 8 DEBT contracted only by vote of electors .................... XI. 7 of school district by loan ................................. XI. 7 DIRECTORS of school districts; number; powers .................... IX. 15 DISTRICT restriction upon indebtedness by ........................ XI. 7 DOCTRINES not taught in public schools ............................ IX. 8 EDUCATION provisions for schools ..................................... IX. 2,3 ELECTION of county officers ........................................... XIV. 8 ELECTIONS who entitled to vote at ................................... VII. 1 ELECTORS qualifications of ............................................. VII. 1 qualified elector only, eligible to civil or military office ....................................................... VII. 6 sex no disqualification in school elections ............. VII. 1 EXEMPTION from taxation, of what property ........................ X. 5 FUNDS can not be transferred to other fund .................. IX. 3 contribution to sectarian institutions prohibited IX. 7 custodian; State Treasurer ............................... IX. how distributed among counties ........................ IX. INDEX TO CONSTITUTION. 129 FUNDS Continued. Art. Sec. how invested; loss, how supplied IX. 3 of county and school district, how collected and dis- bursed IX. 4 of public school, from what derived IX. 5 of public school, interest only expended. IX. 3 of university, regents control IX. 14 INTEREST of public school fund only, expended IX. 3 INDEBTEDNESS of school district, restrictions XI. 1 LOSS of any part of public school fund IX. 3 PUBLIC INDEBTEDNESS restrictions concerning XI. 1, 2 PUBLIC SCHOOL FUND OF STATE- See "Funds." PUBLIC SCHOOLS age of pupils who may attend IX. 2 at least three months' school in each district IX. 2 no sectarian doctrines taught in; no distinction of race or color in IX. 8 providing for establishment and maintenance of free IX. 2 PUPILS no distinction of, in public schools IX. 8 QUALIFICATIONS of county officers XIV. 10 of electors VII. 1 of elector for any civil or military office VII. 6 religious test or qualifications prohibited IX. 8 5 130 INDEX TO CONSTITUTION. REGENTS OF UNIVERSITY Art. Sec. election ; terms of office ; body corporate IX. 12 shall elect president; term of office; duties IX. 13 shall have control of funds of University IX. 14 RELIGIOUS SERVICE teachers and students not required to attend IX. S SCHOOL DISTRICT failing to maintain school; no funds IX. 2 SCHOOL DISTRICT FUND See "Funds." SCHOOL DISTRICTS organization of ; general provisions IX. 15 SECTARIAN INSTITUTIONS appropriations to, from school fund prohibited IX. 7 STATE BOARD OF EDUCATION not prescribe text books IX. 16 STATE BOARD OF LAND COMMISSIONERS See "Board of Land Commissioners." STATE UNIVERSITY See "Regents of University." SUPERINTENDENT OF PUBLIC INSTRUCTION member of State Board of Land Commissioners IX. 9 president of State Board of Education IX. 1 TAXATION what property exempt X. 5 TEXT BOOKS prohibition in regard to IX. 16 INDEX. ABSENCE- Sec, Page, of school officer, work vacancy 53 46 ACCOUNT of district expenses kept by secretary 56 49 of each district kept separate by county treasurer.. 68 57 of fines, penalties and forfeiture 69 59 of funds of school district, county treasurer state... 26 26 of warrants issued by district, kept by district treasurer 58 50 ACCOUNTS county treasurer keep separate with each district.. 68 57 ADJOURNMENT of district meetings 63 53 school boards, meetings of 50 43 ADMISSION to county high school 6 105 to public schools 77 63 to union high school 38 35 ADULTS admitted to public schools, when 77 63 AFFIDAVIT in case of appeals 83, 84, 85 67, 68 of secretary to census list 54 46 upon appeal to county superintendent, when filed; contents . 83, 84 67, 68 132 INDEX. AFFIRMATIONS Sec. Page. See "Oaths." AGE of children entitled to attend public school 77 63 of deaf mutes included in school census 54 47 of persons in school census 55,80 48,64 of pupils in deaf and blind school 3 96 of voter at school election 45 40 school age denned 80 64 ALCOHOLIC DRINKS See "Narcotics." nature and effects of, taught in public schools 1 78 providing for the study of the nature and effects 78 63 ALCOHOLIC STIMULANTS effect of, taught in public schools 78 63 ANNEXATION of territory to district 29 29 ANNUAL CENSUS- ' See "Census." ANNUAL ELECTION See "Election." ANNUAL MEETING for election of members of school board 44 38 of state board of education 2 12 ANNUAL REPORT of county superintendent to state superintendent 18 22 of county treasurer 26 26 of district secretary to county superintendent 56 49 of district treasurer 58 50 of school board to county superintendent 51 45 of teacher... 61 52 INDEX. 133 APPEAL Sec. Page, by applicant for certificate of examination from decision of county superintendent to state board... 88 69 from county superintendent determining child is not instructed at home 1 83 to state board of education by teacher... 16 21 when taken; manner 88 68, 69 taken within thirty days; transcript 88 69 president of board may administer oath 88 60, 69 decision of board final 88 60, 69 from directions to county superintendent; time; no- tice; transcript; hearing; oaths 82-88 67-69 how taken; affidavit; time; notice to secre- tary 82-85 67 testimony, transcript, notice to parties 85-87 68 APPEALS hearing, oaths 87 68 APPLICANT for certificate, appeal to state board of education... 88 69 over 21 years for admission to deaf and blind school 3 96 APPOINTMENTS of county superintendent in case of vacancy 14 19 of district director by county superintendent 17, 23 22, 24 by board in first-class districts 48 42 of judges and clerks of election in first-class dis- tricts 44 38 of members of high school committee 34 33 APPORTIONMENT of general fund, when annual report and census list are not filed 74 52 APPORTIONMENT OF SCHOOL FUNDS basis of all apportionments 72 61 by county superintendent ;... 19 of money received from unpaid special taxes due a district after division. 32 32 134 INDEX. APPORTIONMENT OF SCHOOL FUNDS Continued. Sec. Page. By county superintendents Continued. according to census 73 61 when district fails to report census 74 62 by superintendent of public instruction 11 17 first, after the organization of new district 32 32 in July; basis 72 61 published ! 20 24 to district not having three months' school.. 75 62 to state normal school 4 90 ARBOR DAY- third Friday in April, how observed; holiday, gov- ernor issue proclamation for 1, 2, 3 79 ASSESSOR OF COUNTY arrange schedules and books for special school tax.. 67 56 assess property in district on May first 67 56 ASSISTANT LIBRARIAN appointment; duties; salary '. 12 18 ATTENDANCE at night school ; equivalent 6 82 of pupils, stated in report of board 56 19 ATTORNEY GENERAL member of state board of education 1 12 AVERAGE cost of school, method of obtaining 56 49 BASIS of apportionment of school fund 72, 73 61 BALLOT- at meeting to issue bonds; form 90 71 election of school directors by 44 38 for refunding bonds; form of 102 77 INDEX. 135 BIENNIAL REPORT Sec. Page. of board of examiners 4 13 of state superintendent, when made; contents 10 16 BLIND mutes; secretary ascertain number of 54 46 persons may attend institute, when 3 96 county superintendent report 3 97 BLANK BOOKS See "Books." BLANK FORMS See "Forms." BLANKS for reports supplied by superintendent of public instruction 61 52 BOARD OF COUNTY COMMISSIONERS See "County Commissioners." BOARD OF DIRECTORS See "Directors." BOARD OF EDUCATION See "State Board of Education." who shall constitute 1 12 meeting and powers of 2 12 state diploma issued by 3 12 revoked by 5 13 appeal to, from county superintendent 88 69 not render judgment for money 89 69 BOND of county superintendent; amount; approval; filing 13 18 of secretary of school board; conditions; approval; filing 55 47 of state superintendent of public instruction; amount; approval; where deposited 7 14 136 INDEX. BONDS Sec. Page. meeting for ordering; for school buildings; for pur- chasing ground; for funding debt; taxpayers only vote for; by whom issued; interest, when redeem- able; where payable 90 70 school district, registered by recorder of county; contents of 91 71 principal, how paid; treasurer pay; where paid; cancellation of 92 71 issued under territorial laws; redemption of; pre- mium on 92, 93 72, 73 United States and state, purchased by district treas- urer; record of; interest coupons; sale of 93, 94 73 change in boundary lines of district, not release property from bond tax 95 74 property annexed to district liable for bond tax 95 74 how executed; countersigned 97 74 when new, issued 99 75 question of refunding, voted upon 102 77 BOOKS FOR COUNTY SUPERINTENDENT; FOR TEACHERS See "Books." . BOOKS- of secretary open for inspection 57 50 superintendent of public instruction print and fur- nish for teachers and others 9 15 used in school, stated in report of board 56 49 BOUNDARIES of school district, county superintendent ascertain and make record 24 85 of new district organized from old 27 27 lines of district, changed; not affect bonds 95 74 BRANCHES taught, stated in report of board f 56 49 common, may be taught in German and Spanish, when . 78 63 INDEX. 137 BUILDINGS Sec. Page. creating debt to erect or furnish 45 40 for district high school; directors build or lease, when 52 45 general fund not used for 71 60 bonds for erecting and furnishing school 90 70 for state normal school, trustees provide 6 91 BY-LAWS directors make > 48 42 CANCELLATION of district bonds 92 72 CANDIDATE for school director in first and second-class districts 45 39 CENSUS of new district 27 27 basis of divisions of school funds upon formation of district 32 32 secretary take annually; forward to county super- intendent; copy for districts of first and second class 55 48 school, defined 80 64 CENSUS LIST county superintendent examine, correct 54 46 basis of apportionment for school fund 72, 73 61 CERTIFICATE of secretary to record upon appeal 85 68 of attendance of child at school 1 80 CERTIFICATES granted by county superintendent; grades 15, 16 19, 20 temporary 15 19 granted by boards in first-class districts 16 21 county superintendent revoke 16 21 renewal of first grade 16 21 138 INDEX. CERTIFICATES Continued. Sec. Page. expiration of, during term 60 51 necessary to teach; expiration of 60 51 not required, when 60 51 renewal of; new 60 51 state board grant to applicant upon appeal, when.. 88 69 CHALLENGE of vote; oath 45 40 at meeting to issue bonds 90 70 CHILD truant and incorrigible in juvenile disorderly person 4 85 of indigent parent ; commitment of 7 87 CHILDREN of county attend union high school 33 32 school board provide books for indigent 51 43 must attend school; exception 1 83 between eight and fourteen sent to school; excep- tion 2 81 under fourteen not employed during school hours; exception 1, 2 80, 84 employer keep record; failure; penalty 2, 3 84 age of, to attend kindergarten 1 100 CITY COUNCIL of City of Central transfer school property 3 102 CITY OF CENTRAL school district organized in, under general laws 1 102 CITY TREASURER of City of Central pay over moneys to county treas- urer 2 102 CLASSES of counties for limiting rate of taxation 1, 2 107 of school districts 41 36 CLASSIFICATION of counties fixing compensation of county superin- tendents . 14 109 INDEX. 139 CLERKS Sec p age of election in first-class districts 44 33 CLOTHING furnished indigent children 2 81 COMMITTEE of union high school; term; meetings, powers; du- ties 33, 34, 35, 36, 39 33, 34, 35 COMPENSATION of county superintendents 14 109 of county treasurer for collecting special taxes 96 74 of deputy county superintendent for holding ex- aminations 15 20 of deputy county superintendents 17 110 of secretary of high school committee 34 33 of secretary, school board fix 51 43 none to members of board, except secretary 51 43 of teacher, stated in report of board 56 49 before dismissal 60 51 withheld until register is filed.... 61 52 of truant officer 5 85 of trustees of state normal school 13 94 COMPULSORY EDUCATION of children; school director prosecute; malicious prosecution; attendance at night school 1-6 80-82 in first and second-class districts 1 83 CONTRACTS officer not interested in public 1 77 CONVICTION for second violation of compulsory education law.. 10 88 COST- of school stated in report of board 56 49 COUNTIES classification of, for limiting rate of taxation 2 107 for compensation of county superintendents... 14 109 140 INDEX. COUNTY ASSESSORS Sec. Page, arrange tax schedules; list property on May first 67 57 COUNTY CLERK levy minimum rate of tax for school purposes 65 55 COUNTY COMMISSIONERS fill vacancy in office of county superintendent 14 19 provide office, supplies, etc., for county superin- tendent 25 25 levy county school tax; increase minimum rate; levy special tax, when 64 55 special school tax 67 57 special tax to pay interest on bonds 92 71 to pay bonds 101 76 high school tax; limit 7 106 make appropriation for normal institutes; issue warrants 81 66 allow mileage to county superintendents, when 14 110 COUNTY COURT commit juvenile disorderly person 7 87 try parent or guardian of truant child 6 86, 87 COUNTY SCHOOL FUND See "School Fund." COUNTY SCHOOL TAX See "Taxes." COUNTY SUPERINTENDENT receipt for and distribute registers and blank books 9 16 election; term; oath and bond 33 18 hold examination of teachers 15 19 vacancy in office; how filled 14 19 keep record of examinations, and persons exam- ined 16 21 revoke teacher's certificate; cause 16 21 appoint deputy 17 22 annual report to Superintendent of Public Instruc- tion .. 18 22 INDEX. 141 COUNTY SUPERINTENDENT Continued. Sec. Page. apportion general school fund 19 23 certify apportionment of school fund... 19 23 notify secretary of district of apportionment of school fund 19 23 office, supplies, etc., commissioners furnish; keep open 25 25 duties 20 23 keep record of books furnished school districts 20 23 administer oaths 22 24 fill vacancies in district boards 23 24 penalty for failure to make report 21 24 publish apportionment of school funds 20 24 prepare map of school districts 24 25 call meeting for organization of new district from old 27 27 establish and number new districts 28 28 transfer to other districts 28 28 annex or Detach territory to district 29 29 annul district and annex territory 30 30 extend time for opening school in new district 30 30 make division of funds upon formation of new dis- trict from old 32 31 apportion moneys received from unpaid special taxes to new district 32 32 call meeting of board to elect high school committee 33 32 member of union high school committee 33 33 approve bond of treasurer; file 47 41 fill vacancy caused by failure to qualify 47 41 examine and correct census list 54 46 certify to county commissioners amount required to maintain schools ; basis of estimate 64 54 maintain suit against county treasurer 66 56 look after collection of fines, penalties and forfeit- ures; report 69 59 basis of apportionments by.. 72, 73 61 142 INDEX. COUNTY SUPERINTENDENT Continued. Sec. Page, select executive committee, add to standing of teachers 81 65, 66 not render judgment for money 89 69 notify secretary of appeal; adverse parties of hear- ing; administer oaths; decision 85-87 68 promote observance of arbor day; annual report 3 79 report blind and deaf persons 3 97 call meeting of boards of directors of county 2 104 member of county high school committee; secretary. 2 104 fill vacancy in high school committee 3 104 salary ; compensation 14 109 COUNTY SUPERINTENDENT OF SCHOOLS See "County Superintendent." COUNTY TREASURER keep account of fund of each school district 26 26 make annual statement of school funds; to whom.. 26 26 transfer funds of united districts : 29 29 retain unpaid special taxes for new district 32 32 collect county school taxes 64 54 certify amount of tax collected and uncollected 66 56 failure to pay over tax, penalty 66 56 certify amount of special tax collected; arrange tax schedules -. 67 57 keep separate account for each school district; en- dorse warrants; list; pay; notice of funds 68 57 pay orders as registered 68a 58 failure of, to publish call for payment of school warrants ; misdemeanor 68b 59 custodian of normal institute fund 81 66 collect special tax ; cash ; cancel bonds 92 72 compensation for collecting special taxes 96 74 countersign district bonds 97 74 collect taxes to pay bonds; pay to district treasurer 101 76 report to county superintendent amount of fines re- ceived . 1 101 INDEX. 143 COUNTY TREASURER Continued. Sec. Page. pay high school tax on warrant 7 106 endorse rate of interest on school order or warrant.. 4 106 of El Paso county pay moneys to county treasurer of Teller county 8 111 COUPON school district, bonds issued; cancelled 90 70 COURSE OF STUDY school board fix 51 44 DEAF mutes attend institute, county superintendent re- port 3 97 DEBT election to contract; who vote 45 40 meeting for contracting bonded 90 70 DECISION of county superintendent upon appeal 87 68 of state board of education upon appeal 88 69 DEFICIT in union high school fund 37 34 DEPUTY county superintendent appoint; compensation 17 22 county superintendent, may be employed; compen- sation 17 110 DIPLOMAS state, to whom issued 3 12 revoked by state board of education 5 13 classes of, fixed by state board of examiners 4 13 state normal school grant; evidence; license to teach; no fee for 10, 11, 12 93, 94 of kindergarten teachers 1 100 144 INDEX. DIRECTORS Sec. Page, examine teachers in first-class districts; grant cer- tificates; report to county superintendent 16 21 county superintendent appoint to fill vacancy 23 24 election of, for new districts 28 28 when changed from second to first-class district; who constitute 42 37 board of, elected annually in each district; number; elect officers; powers 41, 44 36, 38 order more than one voting place in first-class dis- tricts 44 38 candidate for, in first and second-class districts 45 39 qualify in 20 days; take oath; bond; failure 47 41 fill vacancy in boards of first-class districts 48 42 power to make by-laws 48 42 hold regular, special or adjourned meetings 50 43 employ and discharge teachers, etc.; fix wages; de- termine rate of tuition; fix compensation of secre- tary 51 43 enforce rules and regulations of state superin- tendent 51 43 powers and duties 51 43 provide books for indigent children; furnish free text books, when; require pupils to be furnished with 51 43 other than secretary, receive no compensation 51 43 determine number of teachers; length of school; time of opening and closing schools 51 44 fix course of study, exercises, text books, etc 51 44 hold real estate and personal property in trust 51 44 may purchase or sell school lots 51 44 provide school furniture and supplies for school board 51 44 rent, repair and insure, build or remove school houses 51 44 require teachers to conform to law 51 44 INDEX. 145 DIRECTORS Continued. Sec. Page. suspend or expel pupils; exclude from school 51 44 admit pupils from adjoining districts 51 45 make report to state superintendent 51 45 to county superintendent 51 45 establish district high school; powers; build or lease building 52 45 not employ teachers without certificate 60 51 call special meeting in districts of third class 62 53 levy special tax for expenses of school 64 55 certify necessary levy for special fund 67 56 may order levy for library 67 57 not reconsider levy of special tax 70 60 not use general fund for buildings or lots until 71 60 designate branches to be taught in schools 78 63 may admit adults and non-residents to public schools 77 63 may appeal from county superintendent 88 68 issue bonds; interest 90 70 dispose of balance of special tax 92 72 may refund bonded indebtedness 99 75 not interested in contract for district 1 77 designate text books for study of alcoholic drinks and narcotics; enforce laws; make proper pro- visions for instruction 1, 2 78 furnish clothing to indigent children 2 81 prosecute violation of compulsory education law; failure; penalty 4 82 in districts of first and second class appoint truant officer 5 85 may purchase flag, flagstaff; pay for 1, 2, 3 97, 98 may establish and maintain kindergartens.! 1 100 elect high school committee; fill vacancy 2, 3 104 DISMISSAL of teacher, for good cause 60 51 146 INDEX. DISPLAY Sec. Page. of American flag. 1, 2 97, 98 of other than United States flag; penalty 1, 2 99 DISTRICTS county superintendent keep record of boundaries of 24 25 census list of new 27 27 organization of, from portions of old 27,28 27,28 county superintendent transfer persons 28 28 of first class, how divided 28 28 two or more contiguous, how united 29 29 annulled by county superintendent 30 30 funds for new 30 30 joint, organization of 31 30 apportionment of general fund in new districts formed from old 32 31 property and moneys of new district formed from old 32 32 having children attending union high school support 37 34 contributing to high school, election of committee.. 39 35 declared body corporate ; hold property 40 35 annual election in; notice; more than one voting place in first class 41, 44 36, 38 board of directors of different classes; officers 41 36 classification of 41 36 change from second to first class; board of directors 42 37 legal school, defined 42, 43 37, 38 candidate for director in first and second class 45 39 take and hold real estate ; amount 49 42 high school in first and second class 52 45 vote to build or lease building for high school 52 45 expenses of, secretary keep account of 56 49 special meeting of, in third class 62 53 of third class ; powers of electors 63 53 third class, limit for special tax 67 56 property in, on May first assessed 67 57 not reconsider levy of special tax 70 60 INDEX. 147 DISTRICTS Continued. Sec. Page. maintain school three months; failure; no funds 75 62 coupon bonds of, issued 90 70 of first and second class call special meetings to vote on bonds 90 70 change in boundary line of, not release property from bond tax 95 74 children in first and second class, must be educated 1 83 not having accommodations to seat children; com- pulsory education act not apply 11 89 DISTRICT HIGH SCHOOL See "High School." DUTIES of state superintendent of public instruction 8, 9, 10 14,15,16 of county superintendent 20 23 of union high school committee 36 34 of truant officer 5 85 of high school committee 5 105 DIVISION of school funds upon formation of new district; basis 32 32 EDUCATION See "Compulsory Education." of children, compulsory 1-2 80-81 ELECTION of superintendent of public instruction 6 14 of county superintendent 13 18 of union high school committee 33, 39 32, 35 of school directors annually; different classes of districts; officers of board; by ballot 41, 44 36, 38 judges of, who shall constitute 45 40 to contract debt; who vote 45 40 counting of votes 46 40 148 INDEX. ELECTION Continued. Sec. Page, none held at regular time, special called; no notice; void 46 41 to vote to build or lease building for high school 52 45 ELECTOR qualifications of; sex 45 39 at election to contract debt 45 40 powers of in meetings in third-class districts 63 53 determine amount of indebtedness 90 70 vote for refunding bonds i 102 77 to establish high school 1 103 upon increase of high school tax 8 106 EMPLOYER hiring children under 14 years ; proof 2 84 furnish evidence of attendance or instruction of minor employed by him 3 84 ENDORSEMENT of warrants by county treasurer 68 57 ENGLISH LANGUAGE taught in public schools 78 63 EXAMINATION for state diploma 4 13 by county superintendent 15 19 for teachers in schools of high grade 15 20 other than at couaty seat 15 20 in districts of first class 16 21 record of by county superintendent 16 21 for admission to union high school 36 34 of applicant upon appeal to state board 88 69 for diploma of state normal school 10 93 of kindergarten teachers 1 100 EXAMINATION OF TEACHERS See "Examination." INDEX. 149 EXAMINERS- Sec. Page, for state diplomas., 4 13 EXECUTIVE COMMITTEE of normal institutes; how appointed; duties; report; transmit funds 81 65 EXPENSES of superintendent of public instruction 10 17 of district, secretary keep account of 56 49 of school paid by special tax, when 64 55 of normal institute, how paid 81 64 of trial and transportation of juvenile disorderly person; county pay 7 87 of purchasing and displaying flag 3 98 EXPIRATION of certificate during term 60 51 EXPULSION- of pupils, by school board 51 44 FACULTY of state normal school, trustees appoint; remove... 5 91 FAILURE of county treasurer to pay over moneys collected 66 56 FEE registration, for normal institute 81 66 for admission to state normal school 8 92 FINANCES secretary render statement of 57 50 of school district, treasurer make statement 58 50 FINES See "Penalty." for violation of school law, where paid; for violation for injunction, mandamus, contempt, etc.; breach of penal laws; lost goods and estrays, payable to county school fund 69 59 150 INDEX. FINES Continued Sec. Page. for being interested in contract 2 77 for violation of compulsory education laws 1, 9 80, 88 collected by justice of the peace, payable to school fund 1 101 FLAG may be purchased ; displayed ; injury to 1, 2, 5 97, 98 of United States alone displayed on public build- ings; exception 1 99 FORFEITED money by any district 26 26 FORFEITURES for violation of school law, where paid; county treasurer place to proper credit 69 59 for failure to maintain school 75 62 FORMS state superintendent print and furnish 9 15 for making reports, etc., printed with school law... 9 16 No. Page. oath of school officers 1 112 county superintendent's bond 2 113 petition to form a new district 3 114 notice of formation of a new district 4 116 notice of meeting for organization of new district 5 117 bond of district treasurer or secretary 6 118 request for special meeting by ten legal voters 7 119 notice of special meeting 8 120 notice of annual meeting 9 120 record of meeting for organization of district 10 121 record of regular or special meetings 11 122 notification of apportionment by county superin- tendent 12 124 teacher's contract with directors 124 FUNDING Sec. Page, floating debt; bonds for.... 90 70 INDEX. 151 FUNDS- Sec. Page. amount of state school 10 16 apportionment of 11 17 distribution 11 17 county superintendent apportion general school fund of county 19 23 of united districts, county treasurer transfer 29 29 for new district 30 30 division of, upon formation of new district 32 31 to new district 32 32 FUND for union high school; deficit 37 34 treasurer publish statement of district 47 41 penal, paid to county treasurer 69 59 items of 69 59 general school, not used for buildings, lots, etc 71 60 apportionment of general; when annual report and census list are not filed 74 62 forfeiture of, by district, when 75 62 for the redemption of bonds 93 73 apportioned to state normal school 4 90 for state normal school, general assembly appro- priate 15 94 special school, for maintaining kindergartens 1 100 city treasurer pay over all moneys in school 2 102 of school districts in Teller county 8 111 FURNITURE school, board provide 51 44 GENERAL ASSEMBLY appropriate funds for state normal school 15 94 GENERAL SCHOOL FUND See "Fund." GERMAN taught in public schools, when 78 63 152 INDEX. GOVERNOR- Sec. Page. issue proclamation for arbor day 3 79 appoint trustees of state normal school 3 90 GRADES of certificates by county superintendent 16 20 GROUND bonds for purchasing school 90 70 for state normal school, trustees provide 6 91 GUARDIAN of truant child fined; imprisoned 6 86 GYMNASTICS taught in public schools, when 78 63 HEARING by county superintendent upon appeal 87 68 HIGH SCHOOL establishment of union; location; open to whom 33 committee of 33 33 maintenance 37 34 school board may establish in first and second- class districts :.... 52 45 in counties of fourth and fifth class; establish- ment of 1 103 HIGH SCHOOL COMMITTEE See "High School." meetings 35 34 boards of directors elect; number; officers, terms of office; vacancy; meetings; powers; duties 2-5 104, 105 prescribe terms of admission to high school ' 6 105 HIGH SCHOOL FUND See "Fund." HIGH SCHOOL TAX See "Tax." INDEX. 153 HOLIDAYS- Sec. Page. what days are 79 54 in public schools, arbor day made 2 79 HYGIENE taught in public schools 78 63 ILLEGAL voting, punished 45 40 IMMORAL books, papers, etc., excluded from schools and li- braries 51 44 INDEBTEDNESS limit of bonded 90 70 of school district refunded; new bonds issued in payment of 99 75 INDIGENT parent or guardian; officer report 8 88 INJURY to flag; penalty 5 98 INSPECTION secretary's books open for.. 57 50 INSTITUTES See "Normal Institutes." INSTITUTIONS may purchase and display flag 4 98 INSURE school houses, school board may 51 44 INTEREST on school warrants; when cease 68 58 on school district bonds 90 71 on bonds, special tax levied to pay 92 72 on United States and state bonds 94 73 154 INDEX. INTEREST Continued Sec. Page. on refunding bonds; on new bonds 99 75 rate of, on school orders and warrants; endorse- ment 4 106 JOINT DISTRICTS - See "Districts." JUDGES of election in first-class districts 44 39 president, secretary and treasurer of school board act as 45 40 administer oath to challenged voter 45 40 count votes; declare results; transmit report 46 41 of election administer oath 90 70 JUDGES OF ELECTION See "Judges." JUDGMENT state board or county superintendent not render, for money 89 69 JUSTICE OF THE PEACE^- report amount of fines collected payable to general school fund 1 101 JUVENILE DISORDERLY PERSON who is 4,6 85,86 commitment of 7 87 KINDERGARTENS school board may establish and maintain; age of children; part of public school system; cost of; teachers have diplomas 1 100 LAWS See "School Laws." of state applied to issuance of school district and refunding bonds 100 76 INDEX. 155 LEVY- Sec. Page. of taxes, failure to make; penalty 65 55 of special tax not reconsidered 70 60 LIBRARY immoral books, etc., excluded from school 51 44 number of volumes in and amount raised for, stated in report of board 56 49 directors may levy special tax for 67 57 LICENSE See "Certificate." state normal school diploma is, to teach 11 93 LIMIT of taxes for county school purposes 64 54 of special tax in third-class districts 67 56 of tax certified by high school committee 5 105 of levy of taxes for school purposes; none 3 108 LIMITATION of bonded indebtedness 90 70 LOSS to school district by neglect of treasurer 58 50 LOTS general fund not used for 71 60 MAINTENANCE of union high school; length of school year 37, 38 34, 35 of kindergartens ; special school fund 1 100 MALICIOUS PROSECUTIONS under compulsory education law 5 MAP of boundaries of districts; county superintendent prepare 24 ^ 156 INDEX. MEETINGS Sec. Page. of state board of education 2 12 for organization of new district 28 28 for uniting districts 29 29 of high school committee; special 35 34 of board of directors; regular, special or adjourned.. 50 43 . to vote upon free text books 51 43 of school board and district, president preside over.. 53 46 secretary record proceedings of 55 47 give notice of 56 48 of electors in third-class districts; officers 63 53 special in districts of third class; petition; notice... 62 53 for contracting bonded debt; special first and sec- ond-class districts 90 70 of boards of directors of county 2 104 of high school committee 4 105 MISDEMEANOR superintendent or officer failing to perform duty, guilty of 59 51 failure to publish call for payment of school war- rants 68b 59 person employing children during school hours, guilty of 1, 3 80-81 MILEAGE of county superintendents, county commissioners may allow; exception 14 110 MONEY amount of, received, expended, etc., by school board 56 49 of school districts in Teller county 8 111 MONTH school, what constitutes 79 64 MUTES secretary ascertain number of blind and deaf 54 46 INDEX. 157 NARCOTICS Sec. Page. See "Alcoholic Drinks." effect of, taught in public schools.... 78 63 nature and effects of taught in schools 1 78 NEGOTIABILITY of school district bonds 91 71 NON-RESIDENTS admitted to public schools, when 77 63 admitted to deaf and blind school 3 97 NORMAL DISTRICTS number of; boundaries 81 64 NORMAL INSTITUTE FUND how created; how disbursed 81 66 NORMAL INSTITUTES See "Institutes." state divided into districts; classification of coun- ties; annually; who conduct 81 64 expenses of, how paid; registration fee; appropria- tion by county commissioners 81 64 where held; when; conductor; instructor 81 65 NOTICE of examination for state diploma 4 13 thirty days before revocation of state diploma 5 13 to county superintendent of apportionment of state school fund 11 17 of examination by county superintendent 15 19 of meetings to organize new district from old 27 27 of meeting to unite districts 29 29 of annual election; how and where posted; pub- lished; failure to give 44 38 of intention to be candidate for director; publication of 45 39 of special election; failure to give 46 41 of meetings, secretary give 56 48 158 INDEX. NOTICE Continued Sec. Page. of special meeting in districts of third class 62 53 : of funds to pay warrants 68 57 for presentation of school order for payment 68a 58 by county superintendent of appeal 85 68 to adverse parties upon appeal 85 68 of meeting to submit subject of contracting debt, secretary give 90 70 to director of violation of compulsory education law 4 82 of meeting to fill vacancy in high school committee.. 3 104 OATH of state superintendent of public instruction 7 14 of county superintendent 13 18 county superintendent administer to directors, etc.. 22 24 upon appeal 87 68 of challenged voter 45 40 of directors; filed 47 41 president of state board of education administer 88 60 administered to challenged voter 90 70 of office trustees of state normal school take 3 90 OFFICE of county superintendent, commissioners provide; kept open when 25 25 OFFICER duty, failing or refusing to perform 59 51 not interested in public contract 1 77 of school failing to enforce act 2 78 OFFICE SUPPLIES of superintendent of public instruction 10 17 OFFICERS of new district from portions of old 28 28 of union high school committee 33,34 32,33 of board of directors; term; powers 41 36 of county high school committee 2 104 INDEX. 159 OFFICIAL BOND Sec. Page. See "Bond." OMISSION of county commissioners to levy school tax 65 55 ORDERS See "Warrants." upon county treasurer, president sign; drawn to per- son indebted 53 45 secretary draw and countersign; keep register of 55 47 county treasurer pay in order of registration; no- tice to present 68a 58 rate of interest on school; endorsed on 4 106 ORGANIZATION of new districts from old 27, 28 27, 28 of joint districts 31 30 of board of directors in first-class districts 41 36 PARENT .... of truant child fined; imprisoned 6 86 PETITION for organization of new district 27 27 to annex or detach territory to district 29 29 for special meeting in districts of third class 62 53 of voters to submit question of bonded debt 90 70 to submit question of county high school; contents.. 1 103 PENAL FUND See "Fund." PENALTY for failure of county superintendent to report 21 24 of secretary to make report 56 49 of treasurer to perform duties; turn over moneys, etc 58 50 for teaching without certificate 60 51 160 INDEX. PENALTY Continued Sec. Page. for failure to file register 61 52 to levy school tax 65 55 of county treasurer to pay over tax 66 56 for superintendent or officer failing to perform duty 59 51 for failure to publish call for payment of school warrants 68b 59 to pay over fines collected 69 59 to comply with law on alcoholic drinks and narcotics 2 78 for violation of school law, where paid 69 59 for being interested in contract....... 2 77 for employing children during school hours; vio- lation of compulsory education law; director fail- ing to prosecute 1, 3, 4 80, 82 of employer failing to compel instruction of minor in his employ 1, 3 83, 84 for violating compulsory education law 9 88 for displaying other than United States flag 2 99 PERSONAL PROPERTY school board hold in trust 51 44 PERSONS of school age stated in report of board 56 48 PLiACE of holding annual election 44 38 of holding normal institutes 81 64 POWERS of union high school committee 36 34 of board of directors in districts of first and second class 41 36 of directors to make by-laws , 48 42 over district high schools 52 45 of electors in districts of third class 63 53 of truant officer 5 85 of high school committee 5 105 INDEX. 161 PREMIUM Sec. Page, on district bonds issued under territory 93 73 PRESENTATION of school orders for payment 68a 58 PRESIDENT of school board act as judge of election 45 40 administer oath to directors 47 41 preside at meetings of school board and district 53 46 sign orders on county treasurer; appear in suits 53 46 of directors sign bond 97 74 of trustees of state normal school, duties 9 92 PRESIDENT OF STATE AGRICULTURAL COLLEGE member of board of examiners 4 13 PRESIDENT OF STATE BOARD OF EDUCATION administer oaths upon appeal; render decision 88 69 PRESIDENT STATE NORMAL SCHOOL member of state board of examiners 4 13 assist in fixing time and place of holding normal institutes 81 65 sign report 16 94 PRESIDENT OF STATE SCHOOL OF MINES member of board of examiners 4 13 PRESIDENT OF STATE UNIVERSITY member of board of examiners 4 13 PRINCIPAL of state normal school, member of examining board.. 10 93 PRINTING of school laws; how paid 9 16 PROPERTY annexed to district liable to bond tax 95 74 of new district formed from old 32 32 162 INDEX. PUBLICATION Sec. Page. of notice of annual election 44 38 of statement of district funds in first-class districts 47 41 of call for payment of school warrants; failure; penalty 68b 59 PUBLIC SCHOOL INCOME FUND See "State School Funds." PUBLIC SCHOOL- See "School." taught in English language; branches 78 63 of Central City organized under general school law 1 102 PUNISHMENT of illegal voting 45 40 PUPILS school board require, to be furnished with books 51 44 suspend or expel; exclude, under six years 51 44 admitted from adjoining districts 51 45 number in school; number enrolled; attendance stated in report of board 56 49 QUALIFICATIONS of applicant for state diploma 3, 4 12, 13 of teachers 15, 16 19, 20 for admission to union high school 36, 38 34, 35 of voters at school election 45 39 at election to contract debt 45 40 to issue bonds 90 70 for admission to district high school 52 45 of conductor or instructor of normal institute 81 65 for admission of students to state normal school 7, 8 91, 92 QUESTIONS for examination of teachers prepared by state su- perintendent 8, 16 15, 20 INDEX. 163 REAL ESTATE Sec. Page. district take and hold; amount 49 42 school board hold, in trust 51 44 RECOMMENDATION of state board of examiners 4 13 of state superintendent of public instruction 10 17 RECORDER of county register bonds 91 71 RECORDS of county superintendent's office open to inspection.. 20 23 of organization of new districts 28 28 of transactions of truant officer 5 85 REDEMPTION of bonds; manner 92, 93 71-73 of refunding bonds; of new bonds 99 75 REFUNDING bonded indebtedness of school district 99 75 REGISTERS state superintendent print and furnish 9 15 teacher keep daily; file with secretary 61 52 additional, kept by teacher 61 S2 REGISTRATION FEE See "Fee." REGISTRY of school district bonds, when; how 91 71 REMOVAL of officer or teacher; when 2 78 RENT school houses, school board may 51 44 REPAIR school houses, school board may 51 44 164 INDEX. REPORT Sec. Page. biennial, of superintendent of public instruction 10 16 of certificates granted by directors of first-class dis- tricts 16 21 annual of county superintendent ..... 18 penalty for failure of county superintendent to make 21 24 of election ; judges make and transmit 46 40 of school board, annual 51 45 to state superintendent 51 45 secretary preserve copies of 55 47 make annaally; what contain 56 48 county superintendent make annual, of arbor day... 80 of trustees of state normal school, contents; verifi- cation ' 16 95 of fines collected by justice of peace 1 101 of county treasurer of amount of fines received 1 101 REVOCATION of state diploma 5 13 of certificates oy county superintendent 16 21 RULES state board of education adopt 12 of state superintendent, school board enforce 51 43 of meetings in third-class districts 63 54 RULES AND REGULATIONS See "Rules." SALARY of assistant librarian of state library 12 18 of faculty of state normal school 5 91 of county superintendents 14 109 SCHOOL See "Public School." school board exclude immoral books, etc., from 51 44 public, defined 76 63 INDEX. 165 SCHOOL Continued. Sec. Page. must be maintained three months; failure 75 62 public, open to children of school age 77 63 attendance at night 6 82 SCHOOL AGE defined 80 64 SCHOOL BOARDS See "Directors." powers and duties 51 43 SCHOOL BUILDINGS See "Buildings." SCHOOL CENSUS See "Census." SCHOOL DAY what constitutes 79 64 SCHOOL DISTRICTS See "Districts." organized in City of Central under general law 1 102 SCHOOL DISTRICT BONDS See "Bonds." SCHOOL FUND county treasurer make annual statement of 26 26 basis of apportionment of 72, 73 61 SCHOOL FURNITURE See "Furniture." SCHOOL FOR DEAF AND' BLIND located at Colorado Springs; is body corporate; pu- pils; non-residents 1, 2, 3 96, 97 SCHOOL GROUNDS creating debt to purchase 45 40 166 INDEX. SCHOOL, HOUSES Sec. Page. of new district formed from old 32 31 school board may rent, repair, insure, build or re- move 51 44 number and value, stated in report of board 56 49 site of, fixed by electors in third-class districts 63 53 sale of, by electors in third-class districts 63 54 SCHOOL LAWS published by superintendent of public instruction... 9 16 how distributed 9 16 SCHOOL LOTS school board may purchase or sell 51 44 SCHOOL MONTH See "Month." SCHOOL PROPERTY of City of Central transferred 3 102 SCHOOLS- school board fix time for opening and closing 51 44 number of, stated in report of board 56 49 SCHOOL YEAR See "Year." SEAL of district attached to bonds 97 74 of trustees of state normal school 2 89 SECRETARY OF HIGH SCHOOL COMMITTEE give notice of meeting 3 104 SECRETARY OF SCHOOL BOARD See "Secretary." SECRETARY give notice of annual election; failure 44 38 publish or post notice of candidates for directors... 45 39 furnish ballots 45 39 act as judge of election 45 40 INDEX. 167 SECRETARY Continued. school board fix compensation preside in absence of president ascertain number of blind and deaf mutes give bond; conditions; approval; where filed record proceedings of meetings; preserve copies of reports; file papers; draw and countersign war- rants and orders; keep register of orders notify county superintendent of names and addresses of new officers of board take census, annually; forward to county superin- tendent; copy give notice of all meetings make and file annual report keep account of expenses render statement of finances failure to file report and census list file transcript in office of county superintendent; certify it SECRETARY OF STATE NORMAL SCHOOL sign report SECRETARY OF TRUSTEES of state normal school, bond; duties. SECRETARY OF STATE member of state board of education.. SEX no disqualification to vote at school election. SPANISH taught in public schools, when SPECIAL BUILDING FUND See "Fund;" "Special Tax." SPECIAL SCHOOL TAX See "Special Tax." it; 45 78 88 63 168 INDEX. SPECIAL, TAX Sec. Page. amount of, for support of schools, etc 56 49 to pay school expenses; when commissioners levy... 64 55 directors certify amount commissioners levy; pay- able in cash 67 57 1 not reconsider levy of 70 60 to pay interest on bonds; cash 92 72 STATE AUDITOR approve bond of state superintendent of public in- struction 7 14 draw warrant for printing school laws 9 16 for state school funds 11 IS STATE BOARD OP EDUCATION not render judgment for money 89 69 STATE BOARD OP EXAMINERS See "Examiners." STATE BONDS See "Bonds." STATE DIPLOMAS See "Diplomas." STATE SCHOOL FUND See "Funds." STATE NORMAL SCHOOL established at Greeley; purpose; control of; part of public school system; funds; power of trustees; grounds; building; students; diplomas; report 1-10 89-93 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION See "Superintendent of Public Instruction." annul license to teach 11 STUDENT qualifications for admission to state normal school; sign statement to teach in public schools 7, 8 91, 92 INDEX. 169 STUDY sec. Page. See "Course of Study." of alcoholic drinks and narcotics 1 75 courses of, in state normal school 5 91 SUIT to recover fines, penalties and forfeitures 69 59 SUPERINTENDENT neglecting to perform duties; no compensation 59 51 SUPERINTENDENT OF PUBLIC INSTRUCTION member and president of state board of education.. 1 12 board of examiners 4 13 when elected; term 6 14 oath and bond 7 14 office; duties; powers; prepare examination ques- tions; furnish blanks 8, 9, 10 14,15,16 render decisions upon school laws 8 15 furnish registers and blank books 9 15 approve bills for printing school laws 9 16 certify to state treasurer for blanks, etc 9 16 publish school laws 9 16 supervision of county superintendent and public schools 9 16 biennial report 10 16 traveling expenses; how paid 10 17 visit schools 10 17 apportion state school fund; certify 11 17 direct apportionment of general fund, when 74 62 assist in fixing time and place of holding normal institutes 81 65 certify to state auditor number of persons attend- ing normal institute 81 66 promote observance of arbor day 3 79 member of board of trustees of state normal school 3 90 fix bond for secretary of state normal school 9 92 member of examining board of state normal school 10 93 publish flag act with school law 6 99 170 INDEX. SUSPENSION- Sec. Page, of pupils by school board 51 44 TAX amount of fixed by electors in third-class districts.. 63 53 to pay principal of bonds; interest 92 71 limit of amount of, certified to county commissioners 5 105 limit of levy for high school; collection; paid out 7 106 levy for high school increased 8 106 TAXATION no limit of rate for school purposes 3 108 TAXES county commissioners levy county school; basis; limit 64 54 county school, paid in cash 64 54 county treasurer certify amount collected and un- collecte-i 66 56 for library; special school fund 67 57 to pay bonds; commissioners levy 101 111 TEACHERS granted state diplomas 3, 4 12, 13 examination of for state diploma 3 12 examination of 15 19 employed and discharged by school board 51 43 board require, to conform to law 51 44 _ school board determine number 51 44 number employed stated in report of board; amount paid 56 49 have license to teach; forfeit compensation 60 51 dismissal of, for cause only 60 51 duties; keep register; make abstract of summaries, file with secretary 61 52 keep additional records and register 61 52 principal, notify county superintendent of begin- ning and close of term 61 52 of kindergartens, have diplomas 1 100 INDEX. 171 TEACHERS' NORMAL INSTITUTES Sec. Page. See "Normal Institutes." TELLER COUNTY county treasurer of El Paso county pay to county treasurer of, moneys and funds of school districts in 8 111 TERM of office of superintendent of public instruction 6 14 of county superintendent 13 18 of directors in new district. 28 28 of union high school committee 34 33 of officers of school board 41 36 of school directors 41 36 of directors appointed to fill vacancy in first- class district 48 42 of trustees of state normal school 3 90 of high school committee 3 104 of school, school board fix length of 51 44 of school year of union high school 38 35 TERRITORY annexed to or detached from district 29 29 TESTIMONY taken upon appeal from directors 87 68 none taken upon appeal from county superintendent 88 69 TEXT BOOKS when furnished free 51 43 school board designate kind; not change; exception 51 44 TIE vote at regular election 46 40 TIME of holding normal institutes 81 65 172 INDEX. TRANSCRIPT- Sec. Page of record upon appeal to county superintendent 85 68 of proceedings before county superintendent 88 69 TREASURER OF SCHOOL BOARD See "Treasurer." give bond; publish statement of district funds in first-class districts 47 41 act as judge of election 45 40 countersign and keep account of warrants; take charge of moneys; pay same out; render state- ment; failure to perform duties 58 50 failure to publish call for payment of school war- rants ; misdemeanor 68b 59 of school district advertise; pay district bonds; pur- chase territorial bonds; premium; invest funds in United States bonds; record; collect interest cou- pons; turn over proceeds 92, 93, 94 73 TRUANT OFFICER directors in first and second-class districts appoint; compensation; powers; duties; record 5, 6 85, 86 make complaint to county court 6 86 report indigent parents or guardian 8 88 TRUSTEES of state normal school, number; powers; governor appoint; term of office; oath; appoint faculty; provide grounds, buildings, apparatus, etc.; pre- scribe qualifications of students 2, 3, 5, 6 89-91 of state normal school, officers of; bond of secretary; compensation; receive and hold money and prop- erty; report 8-16 92-94 TUITION school board determine rate, for non-residents 51 43 TUITION FEE not exacted from resident of county for high school 6 105 INDEX. UNION HIGH SCHOOL See "High School." UNITED STATES BONDS See "Bonds." 173 Sec. Page. VACANCY in office of county superintendent, how filled 14 19 of school director, how filled 23 24 of union high school committee; how filled 34 33 of school director 47 41 in judges of election; how filled 45 40 in boards of first-class districts 48 42 inboard of directors, absence may work 53 46 in high school committee; how filled 3 104 VIOLATION of compulsory education law ; penalty 9 88 VISITS of superintendent of public instruction 10 17 VOTE of elector rejected, when 45 40 VOTER See "Elector." two may give notice of annual election 44 38 upon issuance of bonds; challenge 90 70 WAGES school board fix amount of and pay 51 43 WARRANTS See "Orders." secretary draw and countersign 55 47 treasurer countersign and keep account of 58 50 not drawn for payment of delinquent officer 59 51 174 INDEX. WARRANTS Continued Sec. Page, endorsed by county treasurer, listed; draw interest; paid 68 57 in excess of tax levy, unlawful 68 58 failure of county treasurer to publish call for pay- ment of 68b 59 rate of interest on school; endorsed thereon 4 106 YEAR school, begin; end 79 64 -- r^Jajjfc^ TL UbbifJ