LB UC-NRLF SB ED 751 6-P GIFT OF GIF! PUBLIC SCHOOL LAWS OF TENNESSEE TOGETHER WITH LEADING DECISIONS OF THE SUPREME COURT, EXPLANATORY NOTES, AND AMENDMENTS MADE BY GENERAL ASSEMBLIES TO JUNE 30, 1911 THIS HOOK IS THE PROPERTY OF THE STATE. IT IS MADE BY LAW THE OFFICIAL DUTY OF ANY OFFICER OR TEACHER WHO MAY KKCEIVE IT TO PRESERVE IT AS PUBLIC PROPERTY, AND TURN IT OVER TO HIS SUCCESSOR IN OFFICE. J. W. BRISTER STATE SUPERINTENDENT OF PUBLIC INSTRUCTION NASHVILLE, TENNESSEE 1911 PUBLIC SCHOOL LAWS OF TENNESSEE TOGETHER WITH LEADING DECISIONS OF THE SUPREME COURT, EXPLANATORY NOTES AND AMENDMENTS MADE BY GENERAL ASSEMBLIES. TO JUNE THIRTIETH 1911 J. W. BRISTER, State Superintendent of Public Instruction. M. W. ROBINSON, Chief Clerk.. NASHVILLE, TENNESSEE 1911 I l-> .3 DEPARTMENT OF PUBLIC INSTRUCTION, STATE OF TENNESSEE, NASHVILLE, SEPT. 1, 1911. This compilation of the public school laws of Tennessee is prepared by the State Superintendent of Public In- struction, as directed by Sub-section 5, Section 7 of the Act of 1873, providing for our present system of public schools. It contains all the general legislation upon that subject and such special legislation as may be of general interest. J. W. BRISTER, State Superintendent. The Public School Laws of Tennessee, TOGETHER WITH Leading Decisions of the Supreme Court, and Explanatory Notes. [ALL PARTS OF LAWS PRINTED IN ITALICS HAVE BEEN ADDED BY AMENDMENT.] SECTION 1. There shall be established and maintained, i? 73 - ( ; bap - _>. bystein in this State, a uniform system of public schools. SEC. 2. (1) The public school system shall be adminis- 1873 Cba P- tered by the following authorities, to wit : A State Superin- "" tendent, County Superintendents, and District Directors. "In each county of the State of Tennessee the office o/^s District Directors shall be abolished, and the schools s/ia// Boar(J of be under the management and control of a County Board of Education and a District Board of Advisors." (2) The public schools already established in any of the 1873. chap. , 25. Sec. 52. counties of this State shall continue to be managed andgchooii estab- conducted as now prescribed by law until the school officers llshed pr f;_, L VlOUS tO Io7o. hereby created shall have been duly elected or appointed and qualified; and the provisions of this act chall not ap- ply to them until a County Superintendent of Public Schools shall have been appointed. STATE SUPERINTENDENT. 1873. SEC. 3. The State Superintendent shall be a person of Qualifications literary and scientific attainments, and of skill and expe- e rience in the art of teaching, and who shall be nominated Sec Acts by the Governor and confirmed by the Senate. 129. 247913 PUBLIC SCHOOL LAWS OF TENNESSEE. SEC ' 4 ' C 1 ) He sha11 h ld ^13 office for two years, mi- office and less removed as hereinafter provided, and shall have an n< annual salary of $3,000, to be paid out of the school money in the State Treasury ; and during the term of of- fice he shall devote his entire time and attention to the du- ties imposed by this act. 25 91 ' Member ^ The State Su P erintendent of Public Instruction of of state Tennessee shall be, ex officio, a member of the State Board. Board of Education. EX officio. (3) n e sna n also be a member, ex officio, of all other State educational bodies or associations. 1899. chap. (4) ffe shall be Secretary and Treasurer of the State Board of Education. (By Chap. 343, page 788, Acts 1889, the State Superintendent is made Secretary and Treasurer of the State Board of Education, and Treasurer of the Peabody Normal College fund.) rem Val fr m ffice b J the moved. Governor for misconduct or neglect of duty ; any vacancy to be supplied by a new appointment for the unexpired term; Provided, That, in the event of any such removal, the reasons for the same shall be communicated, in writ- ing, to the Superintendent thus displaced, and also to the Senate, if in session, and, if not, within ten days after it may next meet. ma. chap. SEC. 6. The office of the State Superintendent shall be capitoi. at the capital of the State, and a room in the State Capi- tol may be provided for that purpose. DUTIES OF STATE SUPERINTENDENT. 1873. chap. g EC . 7. The duties of the Superintendent shall be as follows : statistics, (1) To collect and disseminate statistical and other in- formation relating to the public schools. inspection. (g) TO make tours of inspection among the public schools throughout the State. 1905. chap. ^g^ rp Q SUS p nc [ the sc hools of any county for one day PUBLIC SCHOOL LAWS OF TENNESSEE. in each year, when he may deem it necessary, upon giving jjj 05 ' Chap> proper notice, and to require all teachers and school offi- TO suspend cers upon the day so appointed to attend at a designated gtructum and hour and place for the purpose of instruction and confer- conference. ence, and all teachers attending such meeting or confer- ence under the regulations of the State Superintendent shall receive a certificate of attendance, which shall entitle them to receive pay for the said day under their respective contracts to the same amount as if their respective schools had continued in session for said day. (4) To see that the school laws and regulations are See tnat laws . ' are executed. faithfully executed. (5) To prepare and distribute blank forms for all re- turns required by law, or deemed by him necessary to be made by teachers, school officers, and County Superin- tendents of Public Schools, for use of the several counties. (6) To have printed and distributed to the Counvy Dlstribute ' . . * school laws. Superintendents and other school officers as many copies of the school laws as may be necessary, with appropriate forms and instructions for carrying said laws into execu- tion. (7) To appoint, at his discretion, persons in each Appoint ex- amlners. county to visit and examine all or any of the public schools therein, and report to him touching all such mat- s ters as he may indicate respecting their condition and management, and the means of improving them; but no compensation shall be made for such services. (8) To require of County Superintendents detailed Require re- reports annually, and as much oftener as he may deem proper; and he may require special reports at any time of any officer connected with the school system. (9) To appoint some one to make the reports required Appoint per- sons to make to be made by the County Superintendent when such reports. Superintendent shall fail to make full report at the time designated, and to allow such appointee what he may deem just for his services, which shall be paid by the de- PUBLIC SCHOOL, LAWS OF TENNESSEE. License of teachers. Preserve documents. Report scho- lastic popu- lation. Biennial re- port. linquent County Superintendent ; and upon his refusal to do so, the State Superintendent shall stop, in the hands of the County Trustee, that amount of his salary, or bring suit, in his official name, against him in a court of compe- tent jurisdiction, to enforce the payment. (10) To prescribe the mode of examining and licensing school teachers, and their necessary qualifications. (11) To preserve in his office and conveniently arrange all documents and matters in relation to educational sub- jects that may come into it. (12) To report to the Comptroller of the State, on the first day of December in each year, the scholastic popula- tion of each county. (13) To biennially submit to the Governor, on or before the fifteenth day of September, a detailed report of his official proceedings for the year ending the thirtieth day of June preceding, exhibiting a plain statistical account of receipts and expenditures for public schools, and of their condition and progress, showing the number of chil- dren, male and female, white and colored, respectively, in the State and in each county, between the ages of six and twenty-one years, the total number of pupils enrolled, the average number belonging, and the per cent, of attendance during the year, the average paid to teachers, male and fe- male, the amount of each branch of school expenditures, severally, the cost of education per scholar, and whatever else may tend to show the degree of success and usefulness of the system. NOTE. By Acts 1873, scholastic year ended August 31, it was amended by Acts 1881, Chapter 113, Section 1, to end June 30. Acts 1907, Chapter 153, Section 17, amends Section 13, of Acts 1873 by requiring "the report of the State Superintendent of Public Instruc- tion to be made biennially instead of annually ; Provided, that he shall have printed annually the statistical tables of the report and leave in the hands of printers or otherwise a sufficient number of same to bind with his biennial report." 1891. chap. (14) It shall be the duty of the State Superintendent 132, sec. 3. to have p r i n ted and distributed to the school officers of See Acts 1879. Chap. 6. PUBLIC SCHOOL LAWS OF TENNESSEE. the State, and to the County Courts of the several coun- ties, appropriate forms and instructions for carrying into effect the provisions of this act. STATE BOARD OF EDUCATION. The Governor of the State shall appoint a State state Board of Education. Board of Education, to consist of six memhers, two of Acts 1875. whom shall be appointed for six years, two for four years, J^* P ' 13 M ' and two for two years; and, after the expiration of their first terms of office, their successors shall be appointed for six years. The Governor of the State shall be ex officio a Jf^ p 35 member and President of said Board. The State Super- intendent shall be ex officio a member, Secretary and Treasurer of the Board. DUTIES OF STATE BOARD OF EDUCATION. [The General Education Bill has amended many of the duties of the State Board of Education. See page 76.] (a) It shall be the duty of said Board of Education 1375. chap. to report, through the Superintendent, to the regular R ' o ^ t cc * 14 * meeting of the General Assembly, the operations of the Board, the condition and progress of the normal schools, with such suggestions as they may deem advisable for the improvement of normal and public schools. (6) The State Board of Education shall, at proper isss. chap. times, inspect the management of the State Normal Col- lege, and audit the accounts for the disbursement of the Board of Edu- funds, and make a biennial statement, through the Gov- ernor, to the Legislature, showing its condition and prog- ress, and otherwise guard the State's interest in the same, SEC. 55. (1) The establishment of a normal school or 1875. chap. schools is hereby authorized to be effected by the Board of Education hereinafter provided for. The said normal school or schools shall be made in every respect first-class institutions for the professional education of teachers, and the most approved method of instruction shall be adopted, PUBLIC SCHOOL, LAWS OF TENNESSEE. Location of schools. Donations. Trustees colleges. Admission pupils. Eligibility. and none but teachers experienced and skilled shall be employed to take charge of them. EdU " ( 2 ) Said Board of Education shall, at as early date as may in their judgment be practicable, locate and make arrangements for opening such normal school or schools, furnishing them, adopting a course of study, employing teachers and other officers. (3) In the location of said normal school or schools, the State Board of Education shall give preference to such locality, accessible to all parts of the State, as shall offer gratuitously the most suitable grounds and buildings for the establishment of the same. (4) Said Board of Education may receive contribu- tions of money from the Trustees of the Peabody 'Educa- tional Fund, or donations of property or funds from any other source, for the benefit of this enterprise, which they shall in good faith dispose of and disburse in accordance with the conditions of the donations. (5) The trustees of colleges, universities, or educational institutions shall have the power to give the use of their property to the State Board of Education for the benefit of normal schools. (6) No pupil shall be admitted into said schools who is under sixteen or over thirty years of age, and who shall not have undergone, satisfactorily, such examination as may be prescribed by the State Board of Education. Those already engaged in teaching may enter said normal school or schools as pupils upon conditions fixed by the State Board of Education. (7) Pupils of public schools may be recommended for admission into said normal school or schools by the County Superintendent, on consultation with the Directors of the School Districts of his county, and in cities by the Super- intendent of Public Schools; and such pupils so recom- mended, and who pass a satisfactory examination, shall have precedence over all other applicants. PUBLIC SCHOOL L^WS OF TENNESSEE. I (8) Diplomas shall be granted to those who honorably Dlplomas - complete the course of study prescribed in said schools; and possession of such diploma shall exempt the holder thereof from the examination prescribed as a condition precedent to employment in the public schools of the State, any such graduate being eligible as a teacher in any county of the State. (9) The same registers, records, and reports which are Registers and prescribed in the State school law for the public schools, or which may l>e ordered by the State Superintendent of Public Instruction, shall be kept by the officers and teach- ers of said normal schools, and regular reports shall be made directly to the State Superintendent, at the times and in the manner required by law for other public schools, or at such other time as he may require. (10) The State Board of Education shall keep such white and T i T i -i / i 11 colored pupils normal schools as may be established for white and colored distinct, pupils entirely distinct and separate; Provided, That the provisions therein for training and improvement shall be impartially proportioned to the demands of each. (11) The salaries of principals, teachers, and other Salarles - officers of said normal schools, and all other expenditures, shall be determined by the State Board of Education, and the disbursements shall be made by the Treasurer of the Board, upon its order. (12) To prescribe rules and regulations for the exami- Examlne a P- - ,. - ~ . plicants tor nation of applicants for County Superintendents, to be county Su- held on the first Monday in October preceding each bi-^ ntend ' ennial election, and at any other date or dates fixed by the Board. (Acts 1895, Chapter 54.) UTTIKS OF SKCKKTAKY OF STATE BOARD OF EDUCATION. (a) The State Superintendent of Public Instruction secretary and shall be Secretary an charge and grnrrul supervision <>f the disbursement of all moneys hereafter 10 PUBLIC SCHOOL LAWS OF TENNESSEE. Chap 1 34s' appropriated for the Peabody Normal College, and for all normal colleges and institute funds. He shall keep in his offi.ce at the State Capitol a record of all money appropri- ated for said normal school or schools, and its distribution, and before any such money so appropriated shall be drawn from the Treasury, he shall pass upon and certify to the correctness of all vouchers, to be filed with the Comptroller prior to the issuance of his warrant. (b) The State Superintendent of Public Instruction, as the Secretary and Treasurer of the State Board of Education, shall give bond in the sum of ten thousand dollars, payable to the State of Tennessee, for the faith- ful performance of his duty as such Treasurer, which bond shall be approved by the Governor and Attorney General. NOTE. Amended by General Education Bill, Sec. 7. Acts 1909. Chap. 264. COUNTY SUPERINTENDENTS. 1873. Chap. SEC. 8. 1. There shall be a County Superintendent elected. for each county, who shall be elected by the County Court at its April or July term, 1873, and after 1874 he shall be elected biennially in January, and no member of the dons ifiCa " Cou>nt .y Court shall be eligible to said office. He shall be a person of literary and scientific attainments, and, when practicable, of skill and experience in the art of teaching; shall hold his office for two years, and shall receive such pay for his services as may be allowed him by the County Court, to be paid upon the order of the Chairman or Judge of the County Court by the County Trustee. He Removal. shall be subject to removal from office for misbehavior or inefficiency at any time by the County Court * Provided, That the cause for such removal shall be communicated to him in writing. Examination, Said County Superintendent shall be a person of literary and election an d scientific attainments and of skill in the theory and of county p rac tice of teaching; Provided, that preceding each bien- ents. nial election or any election to fill a vacancy for County PUBLIC SCHOOL LAWS OF TENNESSEE. Superintendent of Schools each applicant shall file with the Chairman of the County Court a certificate of qualification given hy the State Board of Education ; Provided, that on the first Monday in October preceding each biennial elec- tion for County Superintendent of Schools and at any other date or dates fixed by the State Board of Education's- Chap. each applicant for said office shall undergo a public ex- amination at the county site of the county in which he or she is an applicant, to be conducted by a com- mission of three residents of the county, said commission to be previously appointed by the Chair- man of the County Court, and to be citizens who, by education and experience, are most eminently qualified to conduct said examination, the same to be held by the State Board of Education under such rules and regulations as said Board may prescribe; Provided, that said applicant shall furnish evidence satisfactory to the said State Board of Education as to his or her moral character, said evidence to be furnished in such manner and form as shall be pre- scribed by the said State Board of Education ; Provided, Evidence as further, that if qualified as attested by said examination character to and as to moral character, said applicant shall receive a be to State certificate of qualification by the State Board of Education ; Board of Provided, further, that those who have been previously p^aed^ examined or mai/ hereafter be examined under the cb& v- 50S - regulations of the Slate Board of Education, and having attained 90 per rent, in general average, and not falling Acts 1899. below 70 per rent, in any study, shall be exempt from Chap ' 231 ' said examination so l'>n years. 12 PUBLIC SCHOOL LAWS OF TENNESSEE. 1889. eiigibie. i n I^Q e i ec ti on O f County Superintendent of Edu- cation, women of the age of twenty-one years, and other- wise possessing the necessary qualifications, shall be eli- gible for said position. 1873. Chap. 25. Supervision. To visit the schools. Directors' reports. To examine and issue cer- tificates. To report to Trustee. Acts 1907. Ch. 236. To observe directions of State Super- tendent. When to re- port. DUTIES OF COUNTY SUPERINTENDENTS. SEC. 9. That the duties of the County Superintendent shall be as follows: (1) To have supervision of the public schools in the county.. (2) To visit the schools of the several districts from time to time, and confer with the teachers and District Directors as to the improvement of schools or the promo- tion of their interests in any way. (3) To see that the District Directors make their ve- ports on all matters required of them ; and when they fail to make full reports, or to make them in time, the County Superintendent may appoint some other person to perform these duties. (4) To perform such duties in relation to the exami- nation of teachers, and issuing to them certificates of qualification, as may be required of him by the State Su- perintendent. (5) To report to the County Trustee, as soon as ascer- tained, the scholastic population of each school district on the last day of June. (6) To act as Secretary of County Board of Education. (7) To observe such directions and regulations as the State Superintendent of Schools may from time to time prescribe ; to make special reports to that officer whenever required; and, on or before the first day of August, an- nually, to make to him a report for the year ending the thirtieth day of June preceding, in such form and con- taining all such particulars as shall be prescribed and called for, a copy of said report to be furnished to the County Court of his county at its quarterly session on the first Monday in January. PUBLIC SCHOOL LAWS OF TENNESSEE. 13 (8) To keep a record of all his official acts in a book * co k rd ep of offl . to be provided for that purpose, and to keep a record of ciai acts. the numbers and boundaries of the school districts of his county, and the changes that may be made therein from time to time. (9) In all cases where the District Directors of the**- Cha P- public schools issue warrants upon the County Trustee warrants to 7 , -L i x * b e counter- for school apparatus, maps, charts, globes, school furm- slsued by Su . ture, and all other expenditures of the public school funds, except for teachers' salaries, the warrants drawn by said Directors shall be countersigned by the County Superintendent before the same shall be paid by the County Trustee, and all warrants issued by said Directors for any claim shall be written and signed in ink. (9a) It shall be unlawful for the County Trustee to Jf 5 pay out school funds upon warrants issued by District for maps, School Directors for maps, charts, libraries, and other school furniture or apparatus, unless such warrants are furniture or approved by the County Judge or Chairman of the fount v be approved Court and the County Court Clerk of the county wherein X the articles are Sold. Chairman and ... . . County Court The provisions of this act shall not apply to, nor in any C ierk. way affect the payment of, warrants for the purchase of chalk, fuel, brooms, and other incidentals. Any Trustee violating the provisions of this act shall vlolatlon * be guilty of a misdemeanor, and upon conviction shall be Misdemeanor. fined and imprisoned at the discretion of the court, and, moreover, shall be liable to the district out of whose funds the money is paid for the amount so paid, which may be sued for in any court having jurisdiction by any citizen of the district affected. The grand juries are hereby given inquisitorial powers of violations of the provisions of this act, and it shall be the duty of the Circuit and Criminal Judges of the State to give the matter specially in charge to the grand jury. 14: PUBLIC SCHOOL LAWS OF TENNESSEE. 1899. Chap. (jo) It ghall ^ the duty of tlie Q ounty Superintendent Superintend- to keep a well-bound book, in which he shall enter a record book, memorandum of all warrants countersigned as provided in the last sub-section, showing the amount and date of each warrant, to whom issued, for what purpose, and from which district; and said County Superintendent shall include in his annual report to the County Court a full, clear, and succinct statement of all warrants so countersigned by him. 1895. Chap. g EC> 10> (^ County Superintendents of Public In- County su- struction are prohibited from teaching any public school, as p r i nc ip a l or assistant, during their official terms, nor to con- "and from taking" any contract for building or repairing tract as to school prop- public school property, and from becoming the owner of b? y 'school t0 scno l warrant other than allowed him for his services as warrant in County Superintendent; Provided, That this act shall counties of ... . over 30,000. only apply to counties of 30,000 inhabitants and over. Teaching. (2) It shall be a misdemeanor in office for any County Misdemeanor ' . . . . , in office, and superintendent to teach any public school, as principal or assistant, during his official term. In addition to the punishment prescribed by statute for misdemeanors in office, such Superintendent shall be fined not less than twenty-five dollars nor more than fifty dollars for each of- fense committed, and all fines arising from such causes shall be paid into the public school fund of the county where such offense is committed. (Id., Sec. 2.) Acts 1907. SEC. 11. (1) That whenever a vacancy occurs among vacancies in the members of the County Board of Education, the County Superintendent of Public Instruction shall fill the same by appointment upon being notified of such vacancy. Acts 1907. (2) That in case of a vacancy in any District Advisory vacancy in Board, it shall be the duty of the County Superintendent to fill said vacancy by appointment upon notification of same by the remaining member or members of said Advisory Board. n PUBLIC SCHOOL LAWS OF TENNESSEE. It shall be the duty of the County Superintendent Public Schools of each county to set apart some day in November in each year as "Arbor Day" in all the public j^ 7 ' Chap - schools of the county, that trees may be planted around the buildings, that the grounds around such buildings may be improved and beautified ; such planting to be attended with appropriate and attractive ceremonies, that the day may be one of pleasure as well as of instruction for the young; all to be under the supervision and direction of the teacher, who shall see that the trees are properly selected and set. ( (r\TV BOARD OF EDUCATION. SEC. 2. That the County Court of each county in the School dis- State shall, at its session to be held the first Monday in created. July, 1907, divide the county into five school districts, each representing as nearly as practicable equal area of territory or the same number of inhabitants; Provided,^* l ^ m that each of these school districts shall be composed of whole civil districts; and, Provided, further, that in coun- ties having fewer that five civil districts, each civil dis- -liall constitute a school district, and a member of said Board of Education be elected from each of said dis- . and the remaining member or members be elected from the county at large. 0. 3. That one member from each of said school dis- Members of County tricts and the other members aforesaid from the county at Board. shall constitute said County Board of Education ; Provided, the County Superintendent shall be Secretary of the County Bn:n-.l of Kdwation. SEC. 4. Thai the County Court in the several counties HOW elected of the State, at its July term, shall elect a member of the an County Board of Education from each of the school dis- tricts above mentioned; or where there be fewer than five districts, the necessary number, as above provided for, from the county at large, which County Board of Educa- 16 PUBLIC SCHOOL LAWS OF TENNESSEE. tion shall qualify and organize within ten days after their election by electing one of their number Chairman ; Pro- vided, further, that the members of the County Board of Education, thus elected, shall serve until September 1, 1908, and that on the first Thursday of August, 1908, and biennially thereafter, each member of the County Board of Education shall be elected by the qualified voters of the district, above provided for, and in counties with fewer than five districts the necessary number from the county at large ; and the term of office of members, thus elected, shall begin on the first day of September next after said election, and their tenure of office shall be two years, or until their successors in office are duly elected and quali- fied. Who eligible. SEC. 5. That any person shall be eligible to the office of member of the County Board of Education who is quali- fied by at least a primary education, such as the primary public-school course, to perform the duties required, and who is a resident of the district and a qualified voter there- in. If he shall cease to be a resident thereof, his office shall be deemed vacant. vacancies. g EC> Q t That whenever a vacancy occurs among the members of the County Board of Education, the County Superintendent of Public Instruction shall fill the same by appointment upon being notified of such vacancy. Duties of Chairman. Acts 1907. Chap. 236. DUTIES OF THE CHAIRMAN OF THE COUNTY BOARD OF EDUCATION. SEC. 7. That the duties of the Chairman of the County Board of Education shall be: 1. To preside over the meetings of the County Board of Education, and to perform all the functions of a pre- siding officer in a deliberative body ; Provided, that in the absence of the Chairman at any meeting, the members of the County Board of Education present may select a tem- porary Chairman, who shall perform the duties of the PUBLIC SCHOOL LAWS OF TENNESSEE. Chairman for that meeting; and, Provided, further, that it shall require the presence of three voting members to constitute a quorum for the transaction of business. 2. To call special meetings of the County Board of s P ec!al Education whenever in his judgment the interest of the public schools requires it, and to appoint all committees authorized by said County Board of Education, and to sign all warrants issued by said County Board of Educa- tion. DUTIES OF SECRETARY OF COUNTY BOARD OF EDUCATION. SEC. 8. That it shall be the duty of the Secretary of utles of * Secretary the County Board of Education : 1. To issue all warrants authorized by the County ^ cts 19 <>7. Board of Education upon the County Trustee for the ex- penditures of the public school fund, and to sign the same, together with the Chairman of the Board. 2. To make a written report to the County EtottrtJJJJJJJJ 1 ^ quarterly of all expenditures of the public school fund port. by items, which accounts shall be audited by the County Judge and Auditing Committee of the County Court. 3. To keep in well-bound books, to be furnished by Kee P record - the county, a full and accurate record of each meeting of the County Board of Education, and accounts of all finan- cial transactions, which books shall be kept in the office of the County Superintendent of Public Instruction. SEC. 9. That the County Superintendent as ex offic Secretary of the County Board of Education be required to give bond, to be approved by the Chairman of the Re County Court, to the amount of $500 for the faithful discharge of his duties. DUTIES OF THE COUNTY BOARD OF EDUCATION. SEC. 10. 1. That it shall be the duty of the County i>ties of Board of Education to hold a regular meeting on the first Boards. Saturday in July, October, January, and April of each 2 18 PUBLIC SCHOOL LAWS OF TENNESSEE. select Term of schools. y eSLT > an( * transact & 11 public school business; Provided, the Chairman may call a special meeting whenever in his judgment the interest of the public schools requires it. 2. To select teachers, fix their salaries, erect build- ings, repair and furnish schoolhouses, fix all wages and incidental expenses, and control the expenditure of the public school fund, except as hereinafter provided for the Advisory Board. 3. To run all public schools in the county, as nearly as practicable, the same length of time. If the daily at- tendance of one or more schools shall fall below the mini- mum fixed by the County Board of Education, then such school, or schools, shall be suspended until an attendance can be assured of not less than one-fourth of the number of pupils within the territory of said school, or schools; Provided, the County Board of Education shall not fix the minimum in any case at less than ten pupils. 4. To locate schools where deemed most convenient, having due regard for lessening the number in order to improve the efficiency of the county system of education. Pupils may be permitted by the County Board of Educa- tion to attend school in a district other than that in which they reside, if more convenient, and they may be per- mitted to attend in another county than that of their resi- dence, if more convenient ; Provided, it be by agreement of the County Board of Education of both counties. 5. To receive monthy reports from the teachers of their respective districts and issue an order or certificate therefor on the Chairman of the County Board of Educa- tion for warrant of salary due. visit school* 6. To visit the public schools of their respective dis- tricts as often as the County Board of Education may require, but not less than twice a year. Act on ap- V. To act on cases of appeal of pupils suspended by action of the Advisory Board. Location of schools. Reports from teachers. peals. PUBLIC SCHOOL LAWS OF TENNESSEE. 8. To dismiss teachers for incompetency, improper or immoral conduct, and inattention to duty. 9. To take care of, manage, and control all school property property; buy, transfer, or sell school property, and make and take proper conveyances and perform all duties now required of District Directors under Section 70 of Chapter 25 of Acts of 1873, and Chapter 44 of Acts of 1859-60, which may not be included in the foregoing subsection. DISTRICT ADVISORY BOARD. SEC. 13. That there shall be a local board of three I f calor " Ad ' vlsory members from each civil district in the county, known, as Boards." the "Advisory Board," which Advisory Board shall be elected by the qualified voters of the civil district bien- nially. The first election shall be held the first Thursday in August, 1908; Provided, that the District Directors now in office in said civil districts shall constitute the Ad- c a s p 2 3e! visory Board until their successors are elected and quali- fied under the provisions of this Act. DUTIES OF THE DISTRICT ADVISORY BOARD. SEC. 14. That the duties of the said Advisory Board shall be as follows: Boards. 1. To visit the schools and inspect the school work in their respective districts, to see that the schoolhouse is in good repair and properly equipped for work, that the Acts 1907> school grounds are improved and properly kept, and that the buildings are supplied with water, fuel, and other necessaries. 2. To make general recommendations to the County Board for the advancement of school interests in said districts, and to recommend to the County Board of Edu- cation desirable teachers for their schools. 3. To make a written report once a year to the County Board, or oftener, if required by the said County 20 PUBLIC SCHOOL LAWS OF TENNESSEE. Scholastic census. City Board Education enumerate for cities. Acts 1909. Chap. 562. to Suspend pupils. Order for supplies. Board, in relation to the matters committed to said Ad- visory Board. 4. To have the Secretary enumerate the scholastic population of the civil district annually during the month of July, and report same to the Secretary of the County Board of Education, and the Secretary of said Advisory Board shall receive for this an amount not exceeding two cents per capita for pupils enumerated; Provided, that in enumerating the scholastic population, the full name of the child, the name of the parent, and the age of the child be recorded, and also the fact as to whether the child is able to read and write ; Provided, that in any town or city maintaining a separate school system, the Board of Educa- ottion for said town or city is hereby empowered and di- rected to enumerate the scholastic population for said town or city under the rules and regulations as herein provided; Provided, further, that in addition to giving the name of the child, the name of the parent, and stating whether the child can read and write, the name of the street and the number of residence shall be given; Provided, further, that the enumerator of the scholastic population, whether in the county or city shall make affidavit in due form of law that he has taken the census carefully and accurately in accordance with the provisions of the law and that his report is correct to the best of his knowledge and belief. The City Board of Education and the District Advisory Board shall file this affidavit, together with the census re- port, with the County Superintendent on or before August 1st of each year. 5. To suspend and dismiss pupils, subject to appeal to the County Board of Education. 6. To issue an order upon the County Board of Edu- cation for expenditures for repairs and incidentals to an amount not exceeding ten dollars. PUBLIC SCHOOL LAWS OF TENNESSEE. SCHOOL TEACHERS. SEC. 26. No teacher of public schools shall be em- ^73. ployed, or receive any pay frofn the public funds, unless must have he or she have a certificate of qualification given to him or befor^ her by the County Superintendent for the county within ployed, which he or she is employed. No such payment shall be allowed, if made, and any officer who shall make or sanction it shall also be subject to a penalty of not less than five nor more than fifty dollars ; and for like services of male and female teachers, like salaries shall be paid. SEC. 27. Every teacher in a public school shall keep a^ daily register of facts pertaining to his or her school, in to keep regis- such form as the school regulations shall require, and uTer^o shall be responsible for the safe-keeping and delivery of clerk - the same to the Secretary of District Advisory Board at the close of the school term, or of the period of his or herisoi. chap, services, whichever shall first happen. SEC. 28. Written contracts shall be made with all pub- 1873. chap, lie school teachers, at fixed rates per month, before they contracts, enter upon their duties, in a form prescribed by the school regulations; such contracts shall be signed in duplicate, each party holding a copy. SEC. 29. Any teacher of a public school may, for suffi- 1873 - Cnap , ,25. Maysus- cient cause, suspend pupils from attendance on the school pend pupils, until the case is decided by the District Advisory Board, Acts 1007. which shall be with as little delay as possible. NOTB. It Is the duty of public school teachers to make monthly re- ports to the County Board of Education. (Acts 1907, Chapter 236, Sec- tion 10, Subsection 5.) COUNTY TRUSTEE S DUTY. SEC. 43. The County Trustee shall keep separate .ac-i*- chap, counts of the State funds and the county funds, showing O f whence and on what account the moneys were severallv Trustees as ..... . "to receipts derived, and by what order, and on what account, and to and diatribu- whom they were distributed ; and, as soon as said moneys 22 PUBLIC SCHOOL LAWS OF TENNESSEE. are received, he shall report the same to the County Super- intendent and to the Directors of each school district. 1873. chap. S EC< 44. He shall give bond for the faithful perform- 25. Trustee's bond. ance of his duties, with surety, to be approved by the County Court of his county, in double the amount of the money that may come into his hands, and his compensa- tion for receiving and paying over to the rightful authori- ties all moneys received by him shall be six per centum (6 per cent) on all sums up to ten thousand dollars ($10,- 000), and four per centum (4 per cent) on all sums above ten thousand dollars ($10,000) and up to twenty thou- sand dollars ($20,000), and a commission of two per centum (2 per cent) on all sums above twenty thousand dollars ($20,000) ; Provided , That in computing the com- pensation of Trustees, all funds State, county, school, and special shall be taken and estimated as one, and each shall pay its respective portion of the above com- missions on all sums of money received by said Trustee for said State and county, respectively; and Provided, further, that at the time of the settlement with the proper officers of the State and county, and the computation of his commission on collections, said Trustee shall furnish said officers, respectively, with a certified statement from the Judge or Chairman of the County Court, showing the amount actually collected by him and paid over by him to the proper State and county authorities, respectively, as heretofore provided; Provided, further, that the Trus- tee shall not be entitled to any commission on money turned over to him by his predecessor in office, or on money borrowed for the use of the county, or received from the proceeds of sale or sales of bonds; Provided, further, that the Trustee shall receive one (1) per centum on all moneys collected from county officers and fees and on the school fund received from the State or on money turned over to him by clerks of the courts and other collecting officers. (See Acts 1907, Chap. 602, p. 2123.) PUBLIC SCHOOL LAWS OF TENNESSEE. 23 SEC. 45. It shall be the duty of County Trustees to \*f- ** keep separate and apart from other funds the tax levied School monej and collected for public school purposes in their county; and any Trustee, who converts any such school money to the discharge of any account charged against him by the State or county, shall be guilty of a misdemeanor, and shall be subject to a fine of not less than one hundred dol- lars ($100), and imprisonment at the discretion of the Penalty, court, and shall forfeit his office. SEC. 23. No State nor County Superintendent of 1873 - Cba P- J 25. School Schools, nor School Directors, nor any other officer, nor teachers and any teacher of the public schools, shall have any pecuniary n ^ t ^ 8 interest, directly or indirectly, in supplying books, maps, agents, school furniture and apparatus to the public schools of the State, nor shall act as agent for any author, publisher, bookseller, or dealer in any such school furniture or appa- ratus, or, directly or indirectly, receive any gift, emolu- ment, reward or promise of reward, for his influence in recommending or procuring the use of any book, map, or school apparatus, or furniture of any kind, in any public school of this State ; and any school officer or teacher who stall violate this provision, besides being removed from his Penalty, post, shall be subject to a penalty of not less than two hundred, nor more than five hundred dollars, and shall be guilty of misdemeanor; Provided, That nothing in this section shall be construed so as to include authors of books and maps (Acts 1899). SEC. 24. All school officers going out of office shall i 873 - Chft p- deliver to their successors the records and all official n ve r records papers belonging to the office. In case of the refusal of to e ^ es ^ a ' any officer to do so, on demand of his successor, he shall neglect, forfeit not less than twenty-five nor more than one hun- dred dollars therefor, and a like penalty for each month during which he shall persist in withholding the same, and shall be guilty of a misdemeanor. No director (member of the County Board of Educa- 24 PUBLIC SCHOOL LAWS OF TENNESSEE. chap 18 25 t * on ) S ^ a ^ ke a teacn er i n tne Public schools, nor take any Sec. is. contract for building a schoolhouse, nor any contract which his board is competent to make, nor become the owner of a school warrant. 1873. chap. SEC. 25. All penalties and forfeitures imposed by this and forfeit- ac * upon a County Superintendent of Schools shall be for ures; by the benefit of the public schools of the county; and all whom prose- cuted. penalties imposed upon School Directors or other district school officers, or upon teachers, shall be for the benefit of the public schools of the district where the offense is committed. The suit for such penalties shall be in the official name of the State Superintendent. And if prose- cuted in a court of record, it shall be the duty of the District Attorney to conduct the same. It shall also be the duty of the District Attorney, and any school officer of the county, or of any school district, as the case may be, to set such prosecution on foot; Provided, That if a penalty shall be inflicted for any such offense, in pursu- ance of this act, the party shall not be a second time sub- ject to a penalty therefor. SCHOOLS AND PUPILS WHO MAY ATTEND SCHOOLS. 1873. chap. g EC> 3Q. The public schools shall be free to all per- 25. School . .* attendance, sons between the ages of six and twenty-one years residing 1879. chap. ^^ fa e gcnoo l district, and in special cases those chil- dren residing in different districts may be educated in school under such regulations as may be prescribed by the Directors of the district interested; Provided, That white and colored persons shall not be taught in the same school, but in separate schools, under the same general regulations as to management, usefulness and efficiency. Term of All public schools in the county are to be run as nearly as i907 01 chap, practicable the same length of time. If the daily attend- 236. ance of one or more schools shall fall below the minimum fixed by the County Board of Education, then such school, or schools, shall be suspended until an attendance can be assured of not less than one-fourth of the number of within the territory of said school, or schools ; Pro- PUBLIC SCHOOL LAWS OF TENNESSEE. vided, the County Board of Education shall not fix the minimum in any case at less than ten pupils. SEC. 32. (1) There shall be two classes of district* 1 - chap " public schools, designated respectively primary schools TWO classes of schools. an ed in the same manner as other county taxes, and shall be how collected paid over to the County Trustee for distribution among J",J U J^ W du> " the school districts of the county according to their scholas- tic population. SEC. 41. All school money coming into the hands of 1873. Chap, the State Treasurer or County Trustee shall be kept sep- mon ey kept arate and apart from any State or county funds in their 8e P ar ate from other hands. money. 30 PUBLIC SCHOOL LAWS OF TENNESSEE. SEC ' 42 ' A11 sums of moiie y derived from State or surplus. county funds, which are unexpended in any year in any 138, Sec. * P< Public school district, shall not go into the hands of the County Trustee for redivision the next year, but shall be credited to such district, and be added to the amount next apportioned to such district. isg 5 sec h 3 P ' ^ EC ' ^' ^ n a ^ cases w ^ ere scno l money has been col- Bank of Ten-lected in issues of the Bank of Tennessee, and burned, it shall be the duty of the Comptroller to issue his separate warrant for each year to the County Trustee of each county for the amount of school money belonging to such county for each year so burned, or burned as aforesaid; and the proceeds of said warrants, together with all other school funds now in the hands of County Trustees, Super- intendents, or other officers, belonging to each year, shall be applied, under the direction of the County Judge or Chairman of the County Court, first, in payment of all just claims accruing in said year, and the balance, if any, applied in payment of just claims next in time of accru- ing. 25 ?3 ' school* SEC * 44: - A11 money in the treasury of the State for money the annual support of her schools on the first Monday of * 1 * 1 October and April of every year shall be apportioned by the Comptroller among the several counties according to their scholastic population, as reported to him by the State Superintendent. He shall give immediate notice of such apportionment to the County Trustee of each county, and shall give notice in some newspaper at the seat of govern- ment of the amount apportioned to each county. He shall issue his warrant on the Treasurer in favor of the County Trustee of each county for the amount apportioned to such county, and transmit the warrant to such Trustee. SEC. 45a. The County Trustee of each county shall make quarterly settlements with the County Judge or Chairman of the County Court of all school funds arising from State or county levies, or from any other source for PUBLIC SCHOOL LAWS OF TENNESSEE. school purpose, and shall also make with said County ^ 7 j; Judge or Chairman of the County Court quarterly dis- Trustee's tribution of the school moneys in his hands, and shall settlements 31 report the same to the County Superintendent and to the Directors of the several school districts, and the County Superintendent of Public Instruction for the county shall bvi present at each quarterly settlement and distribution of the school fund, and shall have supervision thereof. SEC. 45fc. Said County Trustee shall also have an- nual settlements of the school fund with said County Judge Trustee's an- or Chairman of the County Court before July 15th "^ tl ^ ettle " of each year, for the school year ending June 30th pre- vious ; and in said settlement said Trustee shall be charged with all tax aggregates, picked-up taxes, and with all funds which have come or ought to come into his hands for the school purposes, and shall be credited with all releases granted by the County Court, with his lawful commis- sions and with all amounts lawfully disbursed; and the County Superintendent of Instruction shall be present at such annual settlement, and shall have supervision thereof. SEC. 45c. It shall be the duty of the County Superin- if 7 a chap. 36, Sec. 3. tendent to make quarterly reports to the State Supenn- Quarterly tendent on or before the 15th day of January, April, July, Bounty and October of each year, setting forth an account of the superintend- school funds derived from all sources, in accordance with the forms or on the blanks provided by the State Super- intendent. SEC. 45d. The County Trustee shall, on or before July JJ 97 ^ 01 ^ p> 15th of each year, make annual reports to the County Trustee's an- Superintendent for the school year ending June 30th county P SU- previous in accordance with the forms or on the blanks provided by the State Superintendent; and said annual report shall set forth an account for all moneys received during the school year, under the heads of "Amount on hand at beginning of school year," "Gross amount re- ceived," "From State, County, from school districts and PUBLIC SCHOOL LAWS OF TENNESSEE. from all other sources/ 7 and an account of all moneys ex- pended during said school year, under the heads of "Sal- aries of teachers," " School sites, buildings, and repairs," "Furniture and fixtures," "Libraries, maps, charts, and apparatus," "Paid District Clerks," "Paid County Super- intendents/' "Ketained as fees of Trustee," "All other expenses," and "The balance on hand at the end of school year." 1897. chap. g EC . 45 e> Whenever it shall appear to the County Su- protection of perintendent that any portion of the school fund has been low? aga or * s * n danger f heing lost, misappropriated, or in any way illegally disposed of or not collected, it shall be the duty of said County Superintendent to report the same to the County Court, and also to report the same to the State Superintendent. 1897. chap. g EC 45* Whenever it shall appear to the State Su- Sec. 6. Same. perintendent, from the report of County Superintendent or from other information, that any portion of the school fund has been lost, misappropriated, or in any way ille- gally disposed of or not collected, it shall be the duty of the State Superintendent, and he shall have power, to employ a resident attorney to look after the recovery and collection of such fund; and for his services may retain, out of moneys actually recovered and collected by him, not exceeding ten per cent thereof; and in no case shall said attorney receive any pay for said services except his commission as aforesaid, retained out of moneys actually collected, accounted for, and paid over by him to the offi- cer lawfully entitled to receive the same. 1897. chap. g EC 450 j t s h a ii 1^ a misdemeanor in office, punish- 36, Sec. 7. v >i violation of able by fine, for any County Superintendent or County Trustee to fail or refuse to make any of the reports pro- vided for in this act, and, in the event of such failure or refusal, it shall be the duty of the officer to whom such report is due, unless said report is made within thirty days after the date fixed by law, to certify said failure or PUBLIC SCHOOL LAWS OF TENNESSEE. refusal to the Attorney General for the county in or from which said failure or refusal shall have occurred. It shall be the duty of the Comptroller of the Treasury ^- chap. to certify to the Chairman or County Judge of eac/itroiier to re- county in the State the date of issuance and amount / to F each warrant transmitted to the County Trustee of such Judge. county in the semi-annual disbursement of the public school fund. DISTRICTS ADJACENT TO INCORPORATED TOWNS. School districts adjacent to incorporated towns are au- thorized to purchase property inside the corporate limits Purchase of such town and erect thereon schoolhouses, which shall pr be under the exclusive control of the directors of such school districts, for the use and convenience of the school children in such school district NOTE. The powers conferred on District Directors by Acts 1873, are now given County Boards of Education by Acts 1907, Chapter 236. SCHOOLS OF MUNICIPAL CORPORATIONS. SEC. 51. None of the provisions of this act shall bej, 873 - 25. * . construed, so as to interfere with the schools or school Not to inter- systems already established in cities and incorporated towns, or conflict with the chartered rights by virtue of which funds for their support are being received, raised, and distributed, or to limit them as to the power to extend the course of study, it being intended to encourage the establishment of public high schools, when the population justifies it, as a means of perfecting the grading and ele- vating the standard of scholarship. But all such schools shall receive their pro rata share of moneys received un- der the provisions of this act, according to their scholastic population. SEC. 52. That all the rights and privileges reserved issi. chap. and given to cities and incorporated towns by Section 51 of Rights of said act (1873, Chap. 25), be, and the same are hereby, and extruded to schools and school systems that have been 34: PUBLIC SCHOOL LAWS OF TENNESSEE. established by cities or incorporated towns since the pas- sage of said act, or that may hereafter be established by them. 103 1 Sec aP 3 ^^ at C ^ es an( ^ incorporated towns in which have Tax for grad- been established, or may hereafter establish, such higher ols> graded schools, be, and the same are hereby author- ized and empowered to supplement the school fund derived from State and county tax, by an additional municipal tax or levy, for the support of said schools; Provided, however, That no incorporated town or munici- pality shall exceed its lawful limit of taxation in making such additional levy. J85. Extra ^-j^ ^ e severa l incorporated cities and towns within Chap. 19. this State may, through their Boards of Mayor and Alder- establish and maintain, within their respective cor- common porate limits, a system of high graded common schools. high grade. (2) For this purpose the said Board of Mayor and Aldermen of any municipal corporation within this State may procure a suitable schoolhouse or houses, either by Erect cbool- J * , . houses. erection or purchase, and, in making such erection or purchase of such house or houses, and furnishing the same, may apply the common school fund to which their respect- ive scholastic populations are entitled by law. Levy addi- (3) p or the purpose of erecting, or causing to be erected, or purchasing such school buildings or houses, and furnishing the same, and for the purpose of establishing and maintaining such high graded common public schools, said Board of Mayor and Aldermen may levy and collect an additional tax to that imposed by or under the general provisions of the school law upon all taxable polls, privi- leges, and property within the corporate limits; Provided, That the special tax levied under this section, and the taxes levied for general municipal purposes, shall, in no case, exceed the rate of taxation for general purposes fixed by charter limitation. The Board of Mayor and Aldermen of any such PUBLIC SCHOOL LAWS OF TENNESSEE. 35 municipal corporation, so establishing public schools, may, and they shall, have full power to appoint a Board of Education, consisting of not exceeding six qualified citi- zens residing within their corporate limits, which Board, when so appointed, shall have full power as trustees or directors to manage and control such schools, to elect or employ well-qualified teachers, and to prescribe all needful rules and regulations; and said Board shall hold its office as follows: Two for three years, two for two years, two for one year, and, after the first year, two Commissioners shall be elected each year, subject to removal for good cause by the said Board of Mayor and Aldermen. ( 5 ) Nothing in this act shall be so construed as to Mixed ,. .-.1, * . ,-, schools not allow or permit mixed schools of the white and colored permitted, population, but such schools shall be taught separately, as now provided by law. SEC. 54. The Board of Commissioners (of taxing dis- Extracts tricte of the second class) shall have power, by ordinance, 1 ^S t chap within the district, ... to establish and maintain a 82 Sec - 2 - Schools In public scnool or public schools ; or said Commissioners taxing dis- may join with the Public School Commissioners of the tr Civil District in which said Taxing District is located, in maintaining the public schools located within the limits of said Taxing District. Act for Protection of Female Boarding Schools. ACTS 1897. CHAPTER 101. AN ACT for the protection of boarding schools and colleges for females, and the principals and inmates thereof. unlawful to SECTION 1. Be it enacted by the General Assembly of pii 8 U of femaie the State of Tennessee, That hereafter it shall be unlaw- schooii. f u i f or anv p ergon? or persons, to wilfully and unneces- sarily interfere with, disturb, or in any way disquiet the pupils of any school or college for females in this State, or the principal or teachers in charge of them, while on any public road or street, or in any building or structure, or on the school premises; nor shall any communication be had, for such purposes, with such pupils, or any one of them, either orally or in writing, or by signs or otherwise ; and it shall also be unlawful for any person to enter upon any such school or college premises, except on business, without first having obtained permission of the principal in charge of same; and every person guilty of either of said offenses, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall pay a fine of not less than five nor more than fifty dollars for each offense, on the first conviction ; and upon the second, and each subsequent conviction, of a like offense, shall pay a fine of not less than ten nor more than fifty dollars, and be imprisoned at the discretion of the court, in the county jail, not less than ten nor more than thirty (30) days. SEC. 2. Be it further enacted, That it shall be unlaw- ful for any person, or persons, to loiter, wander, gtand, PUBLIC SCHOOL LAWS OF TENNESSEE. 37 or sit upon the public roads, streets, alleys, sidewalks, or other places, or to frequently and unnecessarily pass female school, along the same in such manner, and with intent to annoy, vex or disturb the owners, lessees or occupants of any premises in the State used for the purposes of a school or college for the education of females, or with intent to dis- turb, annoy and harass the teachers, principal or pupils, or any one of them, as they pass along the public high- ways, streets, or alleys of any city in the State; and any person, or persons, violating this section of this act shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined and punished in the same way, and to the same extent, as if convicted under the first section of this act. County High School. ACTS 1899. CHAPTER 279. county high SECTION 1. Whenever it shall appear to the County be c9t&b- ' Court of any county that the public interest requires it, iished. gaid Court shall have power to provide for establishing and maintaining one or more county high, schools for the instruction of the children of the county; the said high school or schools to be managed as hereinafter provided. Tftx - SEC. 2. The said Court for the purpose aforesaid shall have power to levy special taxes, in addition to other taxes, for school purposes, not to exceed fifteen cents on the one hundred dollars on all taxable property, to be levied and collected as other county taxes; and the said court shall also have power, for the purpose aforesaid, to make appropriations out of any county funds not other- wise appropriated, except out of the public school funds ; and the funds arising from the taxes levied for the pur- pose, and for the appropriation made for the purpose, shall constitute a special fund to be known as the County High School Fund, which shall be kept by the County Trustee separate and apart from all other funds, and applied exclusively to the purpose aforesaid. county High g EC . 3. The management and control of the county high of Education, school or schools shall be vested in the County High School Board of Education, which shall consist of seven member^, six of whom shall be elected by the County Court as soon as the court shall have decided to provide for establishing a county high school or schools, two of whom shall be elected to serve until the following January term of the Court, two to serve until the second January term following their PUBLIC SCHOOL LAWS OF TENNESSEE. election, and two to serve until the third January follow- ing their election; at the expiration of the terms of the several members, their successors shall be elected at the respective January terms of the Court, to serve three years. Not more than one member of the board shall be elected from the same school district, and the members shall be dis- tributed through the different localities of the county as the Court shall deem equitable. The Court shall fill all vacancies for unexpired terms at the quarterly term of the Court after the vacancy occurs, or as soon thereafter as possible. The County Superintendent shall be ex officio a member of the Board of Education and Secretary thereof, and may receive such compensation for his services as Secretary as the Board shall allow, in addition to his salary as County Superintendent. SEC. 4. In every county high school shall be taught all the branches of study now required or permitted by law grades. to be taught in the secondary schools, excepting and ex- cluding the branches named to be taught in the five grades of the primary schools; and in addition such other high school branches may be taught as the Board of Education may prescribe as necessary to prepare pupils for college or for business. The county high schools shall be graded by the Board of Education under the general regulations of the State Superintendent and the supervision of the County Superintendent, beginning with the sixth grade, which sixth grade shall be adjusted for the admission of pupils who have completed the five grades of the primary schools. SEC. 5. In order to secure efficient instruction for the Threc ttacb - extensive course of study, the Board shall employ in every county high school not less than three teachers. SEC. 6. The county high school or schools shall be open to all the children of the county of lawful age who shall be otherwise qualified, and who have completed the primary 4:0 PUBLIC SCHOOL LAWS OF TENNESSEE. school course, or its equivalent, as tested by examination or such regulations as may be provided by the Board for the admission of pupils ; Provided, That the county high schools shall be separate for white and colored pupils, as provided by law for all public schools. Board to lo- SEC. 7. The Board of Education shall have power to tc. ' ' locate, establish, and manage the county high school or schools, to make contracts with teachers, draw warrants on the County Trustee on account of the high school fund, and shall perform such duties and exercise such powers with respect to the control and management of the county high school or schools as are now vested by law in the District Directors with respect to the control and management of the district schools. May consoii- SEC. 8. The County Boaw? of Education shall have date with f ... other schools, power to make contracts Ox consolidation with the proper authorities of seminaries, academies, or colleges, or with city Boards of Education, or District Directors, whereby the county high school may be taught in said seminaries, academies, or colleges, or city or district schools ; Provided, That the high school branches be taught free of charge to all pupils of the county entitled thereto; And provided further, That the authority of the State Superintendent, the County Superintendent, the Board of Education, and all school officers shall be as full and ample in such consol- idated school as in other county high schools; And pro- vided further, That no teacher shall be employed in teach- ing the said high school branches unless said teacher shall have a teacher's certificate of such grade as may be pre- scribed for such service, the County Superintendent under the general regulations, and unless the employment of said teacher shall be approved by the Board of Education. under coun- g EC> 9 The ^^ j^ schools shall be under the ty and State Superintend- general supervision of the County Superintendent and of portg. the State Superintendent, as provided for other public PUBLIC SCHOOL LAWS OF TENNESSEE. schools, and it shall be the duty of the State Superintend- ent to provide such special blanks and forms, and general regulations, as may be needed for the examination of high school teachers, for warrants of the County Board of Edu- cation, for grading high schools and other purposes, and to make such changes in the form of reports as may be necessary to adapt them to the use of the high schools, and it shall be the duty of the teachers of the county high schools, and of consolidated county high schools, and of County Boards of Education, to make reports on the pre- scribed blanks and forms at the time provided by law for the reports of other public schools, and in accordance with the regulations of State and County Superintendents. SEC. 10. The County Board of Education shall have power to admit as pupils in the county high school or school age. schools, persons over the school age, or nonresidents of the county, upon the payment of such reasonable rates of tuition, and under such regulations as may be prescribed by the Board for persons not entitled to admission in said schools free of charge. SEC. 11. It shall be the duty of the County Trustee to^ty TTUS- pay all warrants legally drawn by said Board of Education oat fond, on account of the county high school fund, to keep an accu- et rate account of said fund, and to render report of same to the said Board of Education, and to the proper officers as now provided by law with respect to other school funds. Text-Book Law. Commission created. Chap. 209. Commission directed to adopt uni- form text- books. Branches study. ACTS 1899. CHAPTER 205. SECTION 1. The Governor and State Superintendent of Public Instruction, together with three members of the State Board of Education to be named by the Governor, and to serve for five years, shall be, and are hereby, con- stituted a State Text-book Commission, whose duty it is to select and adopt a uniform series or system of text-books for use in the primary and secondary public schools in the State of Tennessee, and for use in the incorporated cities or towns in the high graded common schools. Said com- mission is hereby authorized, empowered, and directed to select and adopt a uniform system or series of text-books for use in the public schools in this State, as above indi- cated, and when so selected and adopted, the text-books shall be used for a period of five years, in all the public schools of this State, and it shall not be lawful for any school officer, director, or teacher to use any other books upon the same branches, other than those adopted by said State Text-book Commission. Said uniform series shall include the following branches of study, to wit: Orthog- raphy, reading, writing, arithmetic, geography, grammar, language lessons, history of Tennessee, containing the con- stitution of the State, history of the United States, con- taining the constitution of the United States, physiology and hygiene, elementary geology of Tennessee, elementary principles of agriculture, elements of algebra, elements of plane geometry, elements of natural philosophy, bookkeep- ing, elements of civil government, rhetoric, and higher English, and such other branches of study in addition to PUBLIC SCHOOL LAWS OF TENNESSEE. the foregoing as said commission may select and designate for use in the high graded common schools in the incorpo- rated cities and towns of this State; Provided, That none of said text-books shall contain anything of a partisan or sectarian character. It shall be the duty of said commis- Subcommis- slon author- sion to appoint a subcommission of five, to be selected ie 5. it shall be always a part of the terms and con- ditions of every contract made in pursuance of this act that the State of Tennessee shall not be liable to any con- tractor, in any manner, for any sum whatever, but all such contractors shall receive their pay or consideration in compensation solely and exclusively derived from the pro- ceeds of the sale of books, as provided for in this Act; Books now in Provided, further, That the commission shall stipulate in "changed.* tne contract for the supplying of any book or books as herein provided, that the contractor or contractors shall take up the school books now in use in this State, and re- ceive the same in exchange for new books at a price not less than fifty per cent of the contract price. And each person or publisher making a bid for the supplying of any book or books hereunder shall state in such bid or proposal the exchange price at which such book or books will be furnished. Any bid may g Ea (j. The text-book commission shall have and re- serve the right to reject any and all bids or proposals if they shall be of opinion that any or all should, for any reason, be rejected. And in case they fail, from among the bids or proposals submitted, to select or adopt any book or books, upon any of the branches mentioned in section 1 of this Act, they may readvertise for sealed bids PUBLIC SCHOOL LAWS OF TENNESSEE. 51 or proposals under the same terms and conditions as be- fore, and proceed in their investigation in all respects as they did in the first instance, and as required by the terms and provisions of this Act, or they may advertise for sealed bids or proposals from authors or publishers of text-books who have manuscripts of books not yet published, for prices at which they will publish and furnish in book form, such manuscripts, or for prices at which they will sell such manuscripts, together with the copyright of such books, for use in the public schools in Tennessee, proceeding in all respects in like manner as before; And vromdttd. Thai before accepting or rejecting any manuscript, it shall be their duty to take the manuscript and to advertise for sealed bids or proposals for publishing the same in book form, in like manner as hereinbefore provided for, and under the same restrictions and conditions, and the con- tract may be let for the publication of all such books, or for any one or more separately; And provided further, That the State itself shall not, under any circumstances, enter into any contract binding it to pay for the publica- tion of any book or books, but in the contract with the owner of the manuscript it shall be provided that he shall pay the compensation to the publisher for the publication and putting in book form the manuscript, together with the costs and expense of copyrighting the same; And provided further, That in all cases bids or proposals shall be accompanied with the cash deposit of from five hun- dred dollars to twenty-five hundred dollars, as the com- mission may direct, and as provided in Section 2 of this Act. And it is further expressly provided that any per- son, firm, or corporation now doing business, or propos- ing to do business, in the State of Tennessee, shall have the right to bid for the contract to be awarded hereunder, in manner as follows: In response to the advertisement, when made as hereinbefore provided, said person, firms, or corporation may submit a written bid or bids to edit Bids may be readvertlsed for. Manuscripts of books may be consid- ered. Publisher of manuscript most defray all expenses. Cash deposit How bids hall be sub- mitted. 52 PUBLIC SCHOOL LAWS OF TENNESSEE. or have edited, publish and supply for use in the public schools in this State, any book or books provided for here- under, provided that instead of filing with said bid or proposal a sample or specimen copy of each book proposed to be furnished, he may exhibit to the commission in man- uscript or printed form the matter proposed to be incorpo- rated in any book, together with such a description and illustration of the form and style thereof, as will be fully intelligible and satisfactory to the said commission, or they may submit a book or books, the equal of which, in every way, they propose to furnish, and they shall accom- pany their bid or proposal with the cash deposit herein- before provided for, and shall enter into contract and bond as hereinbefore provided, except that the bond may be, in this instance, increased to fifty thousand dollars; Provided, That all books and manuscripts offered shall be examined and reported upon by the subcommission pro- vided for in section 1 of this act. Governor to SEC. 7. As soon as said commission shall have entered Issue procla- . f t , f . , . i mation. in *o a contract or contracts for the furnishing or supply- ing of books for use in the public schools in this State, it shall be the duty of the Governor to issue his proclama- tion announcing such fact to the people of the State. SEC. 8. The party or parties with whom the contract shall be made shall establish and maintain in some one city in each of the three grand divisions of the State, a Depository, to ke designated by the commission, where a stock or supply of the books sufficient to meet all immedi- ate demands shall be kept. There shall also be main- tained in each county in the State, provided the commis- sion shall deem it advisable, and so demand, not less than one nor more than four agencies, for the distribution of the books to the patrons, or the contractor shall be per- mitted to make arrangements with merchants or others for the handling and distribution of the books, and parties living in a county where no agency has been established, PUBLIC SCHOOL LAWS OF TENNESSEE. 53 >r no arrangements made for distribution, may order the same from one of the depositories, and it shall be the duty of the contractor to deliver any book or books so ordered, to the person ordering, to his postoffice address, freight, Books to be 5 .. oid to con- express, postage, or other charges prepaid, at the retail turner at re- contract price, provided the price of the book or books so ^ce^see * ordered shall be paid in advance. But nothing in this act Acts 1001. shall be so construed as to prohibit any merchant or dealer from buying and selling said books. All books shall be sold to the consumer at the retail contract price, and in each book shall be printed the following: "The price fixed hereon is fixed by State contract, and any deviation there- from shall be reported to your County Superintendent of Public Instruction, or the State Superintendent at Nash- ville." And it is expressly provided that should any party contracting to furnish books as provided for in this act, fail to furnish them, or otherwise breach his contract, in addition to the right of the State to sue on the bond herein above required, the Chairman of the County Court or County Judge may sue in the name of the State of Tennessee, in any court of his own, or any other county having jurisdiction, and recover on the bond given by the Recovery for contractor the full value of the books so failed to be furnished, for the use and benefit of the school fund of the county; Provided, That the right of action given to the Chairman or County Judge shall be limited to breaches of the contract committed in this county; And provided further, That in all cases service of process may be had and deemed sufficient on any agent of the contractor in the county, or if no agent is in the county, then service may be had on the agent in charge of any depository, and this service shall be and stand in the place of service on the defendant contractor. SEC. 9. Said commission may from time to time make any necessary regulations not contrary to provisions of this act, to secure the prompt distribution of the books 54: PUBLIC SCHOOL LAWS OF TENNESSEE. terein provided for, and the prompt and faithful execu- its organiza- tion of all contracts, and it is expressly now provided that sa id commission shall maintain its organization during the five years of the continuance of the contract, and after the expiration of the same to renew such of them as they deem advisable, or readvertise for new bids or proposals, as required by this act in the first instance, and enter into such other contracts as they may deem for the best in- terests of the patrons of the public schools of the State, provided any contract entered into or renewed shall be for the term of five years. 10 * ^ s soon as practicable after the adoption pro- announce vided for in this act, the State Superintendent shall issue books select- i > t i i , i ed to county a circular letter to each city and county superintendent * n ^ e State, an d to- such others as he may desire to send it, which letter shall contain the list of books adopted, the prices, location of agencies, and method of distribu- tion, and such other information as he may deem necessary. Books adopt- SEC. 11. As soon after the passage of this act as may usedexciu- ^e practicable, and the commission shall deem advisable, siveiy. sup- the books adopted as a uniform system of text-books, books. shall be introduced and used as text-books, to the exclusion of all others in all the public free schools in this State; Provided, That nothing herein shall be construed to pre- vent the use of supplementary books, but such supple- mentary books shall not be used to the exclusion of the books prescribed or adopted under the provisions of this act ; And provided further, That nothing in this act shall be construed to prohibit the use in public schools of any text-book upon any branch mentioned in Section 1 of this act, where the commission shall not select or adopt a book for that branch or subject; And provided further, AS to highw That nothing in this act shall prevent the teaching in any school [of] any branch higher or more advanced than is embraced in Section 1 of this act, nor the using of any PUBLIC SCHOOL LAWS OF TENNESSEE. 55 book upon such higher branch of study, provided that such higher branches shall not be taught to the exclusion of branches mentioned and set out in Section 1 of this act. SEC. 12. Nothing herein shall be construed to prevent or prohibit the patrons of the public schools throughout made or cn the State from procuring books in the usual way in case no contract shall be made, or the contractor fails or re- fuses to furnish the books provided for in this act, at the time required for their use in the respective schools. SEC. 13. Any person or teacher violating the provisions of this act shall become guilty of a misdemeanor, and misdemeanor. upon conviction, punished by a fine of not less than ten dollars, nor more than fifty dollars. SEC. 14. Any teacher who shall use, or permit to be *****& of teacher for used, in his or her school, any text-book upon the branches failure to use- embraced in this act, where the commission has adopted a book upon that branch, other than the one so adopted, shall be guilty of a misdemeanor, and, upon conviction, punished as provided for in section 13 of this act. SEC. 15. Any dealer, clerk, or agent, who shall sell any Penalty of book for a greater sum than the contract price, shall be guilty of a misdemeanor, and upon conviction shall be law< punished as provided for in section 13 of this act. " SEC. 16. The sum of one thousand dollars, or so much A PP r P rla - tlon for ear- thereof as may be necessary, to be paid out of the public r> ing Act school fund, be, and is hereby, appropriated for the pur- ' pose of paying the cost and expense of carrying into effect the provisions of this act. SEC. 17. Said text-book commission shall serve with- p *y of mem - . bers of sub- OUt compensation, and members of the subcommission of commission. five shall be paid a per diem of four dollars per day dur- ing the time they are actually engaged, not to exceed sixty days, and in addition shall be repaid all money actually expended by them in the payment of necessary expenses, to be paid out of the public school fund, and they shall make out and swear to an itemized statement of such expenses. t thta County Board of Education. ACTS 1907. CHAPTER 236. AN ACT to be entitled "An Act to improve the public school sys- tem of Tennessee by creating in each county a County Board of Education and District Advisory Boards, and prescribing their duties, and abolishing the office of District Directors." bounty Board. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in each county of the State of Tennessee the office of District Directors shall be abol- ished, and that the schools shall be under the management and control of a County Board of Education and a District Board of Advisors, hereinafter to be provided for. trictftfbe SEC ' 2 ' Be U f urt1i er enacted, That the County Court created. of each county in the State shall, at its session to be held the first Monday in July, 1907, divide the county into five school districts, each representing as nearly as prac- ticable equal area of territory or the same number of in- habitants; Provided, that each of these school districts shall be composed of whole civil districts ; and, Provided, further, that in counties having fewer than five civil dis- tricts, each civil district shall constitute a school district, and a member of the said Board of Education be elected from each of said districts, and the remaining member or members be elected from the county at large. Members of SEC. 3. Be it further enacted, That one member from County Board. *.*.ii. each of said school districts and the other members afore- said from the county at large shall constitute said County Board of Education; Provided, the Countv Superintend- ent shall be Secretary of the County Board of Education. HOW elected. SEC. 4. Be it further enacted, That the County Court led ' in the several counties of the State, at its July term, shall PUBLIC SCnOOL LAWS OF TENNESSEE. elect a member of the County Board of Education from each of the school districts above mentioned; or where there be fewer than five districts, the necessary number, as above provided for, from the county at large, which County Board of Education shall qualify and organize within ten days after their election by electing one of their number Chairman; Provided, further, that the members of the County Board of Education thus elected shall serve until September 1, 1908, and that on the first Thursday of August, 1908, and biennially thereafter each member of the County Board of Education shall be elected by the qualified voters of the district, above provided for, and in counties with fewer than five districts the necessary num- ber from the county at large; and the term of office of members thus elected shall begin on the first day of Sep- tember next after said election, and their tenure of office shall be two years, or until their successors in office are duly elected and qualified. SEC. 5. Be it further enacted, That any person shall Who H * lble - be eligible to the office of member of the County Boarcl of Education who is qualified by at least a primary educa- tion, such as the primary public school course, to per- form the duties required, and who is a resident of the dis- trict and a qualified voter therein. If he shall cease to be a resident thereof, his office shall be deemed vacant. SEC. 6. Be it further enacted, That whenever a vacancy Vacancies occurs among the members of the County Board of Edu- cation, the County Superintendent of Public Instruction shall fill the same by appointment upon being notified of such vacancy. SEC. 7. Be it further enacted, That the duties of the Dut!cs of Chairman. Chairman of the County Board of Education shall be : 1. To preside over the meetings of the County Board of Education, and to perform all the functions of a pre- siding officer in a deliberative body ; Provided, that in the absence of the Chairman at any meeting, the members of 58 PUBLIC SCHOOL LAWS OF TENNESSEE. special Duties of Secretary. warrants. Quarterly Keep records county su. 6I secretary. Boards. the County Board of Education present may select a tem- porary Chairman, who shall perform the duties of the Chairman for that meeting; and, Provided, further, that it shall require the presence of three voting members to constitute a quorum for the transaction of business. % ^0 call special meetings of the County Board of Education whenever in his judgment the interest of the public schools requires it, and to appoint all committees authorized by said County Board of Education, and to sign all warrants issued by said County Board of Educa- tion. g EC . 8. Be it further enacted. That it shall be the duty of the Secretary of the County Board of Education : i. To issue all warrants authorized by the County Board of Education upon the County Trustee for the ex- penditures of the public school fund, and to sign the same, together with the Chairman of the Board. g. To make a written report to the County Court quar- terly of all expenditures of the public school fund by items, which accounts shall be audited by the County Judge and Auditing Committee of the County Court. % ^0 ^ ee p j n we U-bound books, to be furnished by the county, a full and accurate record of each meeting of the County Board of Education, and accounts of all financial transactions, which books shall be kept in the office of the County Superintendent of Public Instruction. g Ea 9. g e ft further enacted, That the County Super- intendent as ex officio Secretary of the County Board of Education be required to give bond, to be approved by the Chairman of the County Court, to the amount of $500 for the faithful discharge of his duties. SEC. 10. Be it further enacted, l ' That ^ ShaU k ^ dUty f the CoUnt y Board f Education to hold a regular meeting on the first Saturday in July, October, January, and April of each year, and II PUBLIC SCHOOL LAWS OF TENNESSEE. 59 .ransact all public school business; Provided, the Chair- nan may call a special meeting whenever in his judgment she interest of the public schools requires it. 2. To select teachers, fix their salaries, erect buildings, Selec t tcach- repair and furnish schoolhouses, fix all wages and inci- dental expenses, and control the expenditure of the public school fund, except as hereinafter provided for the Ad- visory Board. 3. To run all public schools in the county as nearly as Term of practicable the same length of time. If the daily attend- ance of one or more schools shall fall below the minimum fixed by the County Board of Education, then such school, or schools, shall be suspended until an attendance can be assured of not less than one-fourth of the number of pupils within the territory of said school, or schools; Provided, the County Board of Education shall not fix the minimum in any case at less than ten pupils. 4. To locate schools where deemed most convenient, Location or i f -i schools. having due regard for lessening the number in order to improve the efficiency of the county system of education. Pupils may be permitted by the County Board of Educa- tion to attend school in a district other than that in which they reside if more convenient, and they may be permitted to attend in another county than that of their residence if more convenient; Provided, it be by agreement of the County Board of Education of both counties. 5. To receive monthly reports from the teachers of Reports from teachers their respective districts and issue an order or certificate therefor on the Chairman of the County Board of Educa- tion for warrant for salary due. 6. To visit the public schools of their respective dis- Vl8lt schools. tricts as often as the County Board of Education may re- quire, but not less than twice a year. 7. To act on cases of appeal of pupils suspended by Dismi" P U - action of the Advisory Board. 8. To dismiss teachers for incompetency, improper or Dismiss immoral conduct, and inattention to duty. 60 PUBLIC SCHOOL LAWS OF TENNESSEE. School erty. prop- District re- ports. Compensa- tion of Boards. Local or "Advisory Boards." Duties of "Advisory Boards." 9. To take care of, manage, and control all school prop- erty; buy, transfer, or sell school property, and make and take proper conveyances and perform all duties now re- quired of District Directors under Section 20 of Chapter 25 of Acts of 1873, and Chapter 44 of Acts of 1859-60, which may not be included in the foregoing subsection. SEC. 11. Be it further enacted, That each member of the County Board of Education shall make a full and accurate report of the public schools of his district to the County Superintendent of Public Instruction not later than the first day of August of each year, said report to be made on the forms furnished, and to include the time from July 1 to June 30 following, next before the report is made. SEC. 12. Be it further enacted, That each member of the County Board of Education shall receive not less than one dollar and fifty cents per day nor more than three dollars per day, as determined by the County Court, for not more than thirty days in a year, and to be paid for actual time spent for attendance upon meetings and in vis- iting the schools of the district as heretofore provided. SEC. 13. Be it further enacted, That there shall be a local board of three members from each civil district in the county, known as the "Advisory Board," which Ad- visory Board shall be elected by the qualified voters of the civil district biennially. The first election shall be held the first Thursday in August, 1908; Provided, fur- ther, that the District Directors now in office in said civil districts shall constitute the Advisory Board until their successors are elected and qualified under the provisions of this Act. SEC. 14. Be it further enacted, That the duties of the said Advisory Board shall be as follows : 1. To visit the schools and inspect the school work in their respective districts, to see that the schoolhouse is in good repair and properly equipped for work, that the PUBLIC SCHOOL LAWS OF TENNESSEE. 61 1 chool grounds are improved and properly kept, and that he buildings are supplied with water, fuel, and other leoessaries. 2. To make general recommendations to the County General . , _ . recommenda- 3oard for the advancement of school interests in said dis- tions. ;ricts, and to recommend to the County Board of Educa- :ion desirable teachers for their schools. 3. To make a written report once a year to the County Written ** Board, or oftener if required by the said County Board, in relation to the matters committed to said Advisory Board. 4. To have the Secretary enumerate the scholastic Schola8tlc CenSUC. population of the civil district annually during the month of July, and report same to the Secretary of the County Board of Education, and the Secretary of said Advisory Board shall receive for this an amount not exceeding two cents per capita for pupils enumerated ; Provided, that in enumerating the scholastic population, the full name of the child, the name of the parent, and the age of the child be recorded, and also the fact as to whether the child is able to read and write. 5. To suspend and dismiss pupils, subject to appeal suspend pu- to the County Board of Education. 6. To issue an order upon the County Board of Edu- Issue order8 ' cation for expenditures for repairs and incidentals to an amount not exceeding ten dollars. SEC. 15. Be it further enacted , That in case of a va- Vacanc y ln cancy in any District Advisory Board, it shall be the duty Boards, of the County Superintendent to fill said vacancy by ap- pointment upon notification of same by the remaining member or members of said Advisory Board. SEC. 16. Be it further enacted, That this Act shall not city school. /- - . exempt. in any way affect systems of city schools now operating under special charters, or the law governing municipal schools, and where said systems recognize the three Dis- trict Directors as members of City Board of Education, triut -L'l OZ PUBLIC SCHOOL LAWS OF TENNESSEE. the said Advisory Board shall continue to serve in said capacity. SEC. 17. Be it further enacted, That all provisions of laws now existing applying to School Directors, not in conflict with any provisions heretofore stated, shall apply to members of the County Board of Education and Dis- trict Advisory Boards; Provided, the provisions of this Act shall not apply to counties of a population not less than 36,010 nor more than 36,050 by the Federal census of 1900 or any subsequent Federal census ; and, Provided, further, that the provisions of this Act shall not apply to the following counties having the population as indi- cated according to the Federal census of 1900 or any sub- sequent Federal census : county. Counties between 28,285 and 28,287. Moore County Counties between 5,700 and 5,710. Counties between 19>0 00 and 19,100. County. Counties between 26,500 and 27,500. SEC. 18. Be it further enacted, That said District Ad- visory Board of Education shall qualify within ten days after their election and organize by selecting a Chairman and a Secretary. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed, and that this Act take effect on July 1, 1907, the public welfare requiring it. Acts 1907. Chapter 690. Academics n.t u.ed. LN ACT to be entitled "An Act to empower and authorize Boards of Trustees of academies and small colleges which no longer are used for the purposes originally intended to transfer the properties of said academies and small colleges to counties and County Boards of Education or County High School Boards." WHEREAS, Most of the academies established in the several counties of the State under the provisions of an Act of the General Assembly of the State of Tennessee, passed September 13, 1806, and entitled "An Act to establish academies in the several counties of this State and for the appointment of trustees thereof," and of various subsequent Acts of the General Assembly, and which for many years received aid from the proceeds of the sale of one hundred thousand acres of land granted to this State for academy purposes by Act of the Congress of the United States, ap- proved April 18, 1806, and ratified by the General Assem- bly of the State of Tennessee September 6, 1806, and from other sources, have long since ceased to be used as county academies according to the intention of the original Act and various subsequent Acts providing for their establish- ment and maintenance, and are now used chiefly for local and individual purposes ; and WHEREAS, Many other academies and small colleges Not maln - established from time to time by various Acts of the Legis- lature or incorporated under the general laws of the State edac tlon - are no longer maintained for the purposes for which they were established namely, the secondary education of the youth of the counties or section in which they are located ; and WHEREAS, The public high school now holds more nearly than any other institution the relation to the State and the 64: PUBLIC SCHOOL LAWS OF TENNESSEE. property County Boards. to general cause of education formerly held by the academy and the small college ; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in any county of this State in which provision has already been made or shall at any time in the future be made for the establishment and mainten- ance of one or more public county high schools, it shall be lawful for the Trustees of any academy or small college of the classes referred to in the preamble of this Act to trans- transfer may ^ er > an( * tne y ar e hereby authorized to transfer, to the county and the County Board of Education or County High School Board any property held by them as Trustees, whether of lands, houses, equipment, money, notes, mort- gages, bonds, or any other kind, to be held by said county and County Board of Education or County High School Board for the use of the public county high school or schools of the county ; and said county and board shall have full power to hold, use, and dispose of any such property so transferred to them in the same manner as other public high school property. SEC. 2. Be it further enacted, That when the Trustees of any academy or college shall transfer to the county and County Board of Education or County High School Board, as provided in this Act, the property held in trust by them, they shall render a full and accurate report of the transac- tion to the County Court at its next session; and on the acceptance of this report by the County Court, the trust on the part of said Trustees shall cease and the Board be dissolved. Trust and Board dissolved. Acts 1909. Chapter 24 AN ACT to exempt leasehold estates and improvements thereon from taxation in the hands of the lessee, holding under incor- porated Institutions of learning in this State, when the rents therefor are used purely for educational purposes by said insti- tutions, where the fee in the same is exempt for taxation to said institution by charter granted by the State of Tennessee. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That leasehold estates and improve- ments thereon shall be exempt from taxation in the hands of the lessee, holding under incorporated institutions of learning in this State, when the rents therefor are used by said institutions purely for educational purposes, where the fee in the same is exempt from taxation to said institu- tions of learning by charter granted by the State of Ten- nessee. SEC. 2. Be it further enacted* That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed, and that this Act take effect from and after its passage, the public welfare requiring it. Acts 1909. Chapter 177. AN ACT to promote the establishment, organization, and efficiency of free public libraries, school libraries, traveling libraries, and other libraries, and for that purpose to create a Free Library Commission and define its powers and duties. Free Library SECTION 1. Be it enacted by the General Assembly of Commission. 9 me btate of Tennessee, That as soon as practicable after the passage of this Act the Governor shall appoint three persons for terms respectively of two, four, and six years, who, with the State Librarian and State Superintendent of Public Instruction, shall constitute the Free Library Commission; and appointments shall be made by the Gov- ernor to fill unexpired terms. ^ EC * 2 * Be ^ f urt her enacted, That the officers of such Commission shall be a Chairman, to be elected by the mem- bers thereof from among themselves for a term of one year, and a Secretary, not from their own number, to be ap- pointed by such Commission, who shall serve at the will of the Commission under the regulations and for the com- pensation prescribed by the Commission. The Secretary shall keep a permanent record of the proceedings of the Commission, and also accurate account of its receipts, ex- penditures, and other financial transactions; shall have active charge of the work imposed on the Commission by Section 3 of this Act, and shall perform such other duties as are imposed on him by the Commission. If funds be available, the Secretary, in addition to his compensation, shall be allowed his actual and necessary traveling expenses when on official business, and the members of the Commis- sion who do not reside in Nashville may be allowed their traveling expenses to and from Nashville to attend meet- ings of the Commission, and any member may be allowed PUBLIC SCHOOL LAWS OF TENNESSEE. 67 his necessary traveling expenses incurred in establishing and visiting libraries in this State under the order of the Commission. Except the Secretary, no officer or member of the Commission shall be allowed any compensation for services as such. SEC. 3. Be it further enacted, That it shall be the duty Dutles of . / J Commission. of the Commission hereby created to encourage and pro- mote the establishment throughout the State of free public libraries, school libraries, traveling libraries, and other libraries, and aid in the organization and administration thereof, and in the administration of libraries already es- tablished in this State. For this purpose the Commission, when opportunity offers, shall give information and advice to all communities in the State that proposes establishing such libraries as to the best methods of establishment, or- ganization, and administration; and, in the case of any library already established, shall, whenever requested by the Librarian or Board of Directors or Trustees thereof, furnish like assistants, information, and advice to such library. The Commission is authorized to purchase and accept gifts of books, periodicals, and traveling libraries and circulate them in towns, villages, and farming and other communities where needed, it being the purpose of this provision to make practicable in small communities, by temporary supplies thereof, such reading and study of good books and periodicals as is not practicable to persons who have not access to libraries. SEC. 4. Be it further enacted, That the Commission Meeting*, hereby created shall hold its meetings in the office of the State Librarian, and its Secretary shall be allowed the use of that office for the performance of his duties. The Com- mission shall hold a regular annual meeting in January of each year. The Chairman may and, upon the written request of two of the members, shall, call a meeting at any time after written notice thereof to all the members by the Secretary, mailed seven days in advance of the day of 68 PUBLIC SCHOOL LAWS OF TENNESSEE. Quorum. suc ] 1 mee ting. Three members shall constitute a quorum for the transaction of business at its annual meeting, the Chairman shall be elected, and the Commission shall pre- pare and at once present to the Governor a full report of its operations since the last annual meeting. SEC. 5. Be it further enacted, That this Act take effect upon and after its passage, the public welfare requiring it. Acts 1909. Chapter 580. A BILL allowing municipalities or counties to issue and sell bonds for the purpose of purchasing sites and erecting and equipping buildings for State Normal schools, and to provide for the pay- ment of the interest on the said bonds and for a sinking fund with which to retire the same, and to provide a method of loaning said sinking fund, and to provide for the disposition of the funds arising from the said sale of said bonds. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That any municipality, through its Board of Mayor and Aldermen, is hereby authorized to issue one hundred thousand dollars ($100,000) of five per cent or less interest-bearing bonds, or such part thereof as said municipality may desire to issue for the purpose of purchasing sites, erecting and equipping buildings for State Normal schools; and that any county in the State of Tennessee is hereby authorized, through its County Court at quarterly session, to issue one hundred thousand dollars ($100,000) five per cent or less interest-bearing bonds, or such part thereof as said county may desire to issue for the purpose of purchasing sites, erecting and equipping build- ings for State Normal schools. SEC. 2. Be it further enacted, That the bonds hereby au- thorized, whether issued by municipality or county, shall bear five per cent or less rate of interest, payable semi- annually, which shall be represented by coupons attached to said bonds, and said bonds shall mature and become pay- able in not more than twenty-five years from the date of their issuance. SEC. 3. Be it further enacted, That the city, through its Board of Mayor and Aldermen, and the county, through its County Court at quarterly session, shall have the right and power to fix the date upon which said bonds shall be PUBLIC SCHOOL LAWS OF TENNESSEE. issued, the number of said bonds, the place of payment of both interest and principal, the time the semiannual inter- est coupons shall fall due, the numbering of the coupons and the denominations of said bonds, the method and ex- pense of the sale of said bonds, provided said sale of said bonds shall not be below par; and that upon the issuance of said bonds they shall be a binding obligation and debt on said municipality or county, and that said Board of Mayor and Aldermen or said Quarterly County Court shall levy annually a tax on all the taxable property of said municipality or county for the purpose of paying the in- terest on said bonds as it becomes due and to create a sink- ing fund with which to retire and pay off said bonds when they mature ; and in counties or municipalities having no Sinking Fund Commission, the Mayor of said municipal- ity, with the approval of the Kecorder, or the Judge or Chairman of the Quarterly County Court, with the ap- proval of the County Court Clerk, shall loan out said sink- ing fund upon first-mortgage real estate security for not less than four per cent per annum, payable semiannually, and in amounts not exceeding fifty per cent of the cash value of the real estate security, the interest to be added semiannually to said sinking fund; Provided, that said Mayor, on the approval of said Recorder, or the County Judge or Chairman, with the approval of the County Court Clerk, may purchase bonds at not more than par value; Provided, further, that said issue of said bonds shall be for no other purpose than herein expressed, and the proceeds from said sale of said bonds shall be turned over to the State Comptroller and placed to the credit of the State Normal schools of the county or municipality issuing said bonds, to be used for the purpose of purchasing sites, erect- ing and equipping buildings for said State Normal school of said county or municipality. SEC. 4. Be it further enacted, That said bonds and in- terest coupons, if issued by a municipality, shall bear the PUBLIC SCHOOL LAWS OF TENNESSEE. signature of the Mayor, attested by the signature of the Recorder of said city, or a facsimile of their signatures; and the said bonds and interest coupons shall bear the signature, if issued by a county, of the County Judge or Chairman of the County Court, and shall be countersigned by the Clerk of said court, and shall have on them the offi- cial seal of said Clerk. SEC. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Compulsory School Attendance. Consecutive attendance required. Exemptions. Temporary absence. ACTS 1909. CHAPTER 494. A BILL to be entitled An Act to require parents and guardians to cause children between certain ages to attend some public school for a certain number of days each year, except under certain conditions, in counties of certain population. SECTION- 1. Be it enacted by the General Assembly of the State of Tennessee, That any parent, guardian, or other person legally responsible for the control of any child over eight years old and under fourteen years old in Tennessee shall cause such child to attend some public school at least four months or eighty days consecutively each year. Provided, that this Act shall not apply in any case in which the child has completed with a fair degree of thor- oughness the subjects required by law to be taught in the primary schools of the State, or in any case in which the child has been instructed in these subjects or equivalent subjects not less than eighty days in that year, or is now being instructed in such subjects in any private or pa- rochial school or at home by any person capable of teach- ing these branches, or in any case in which the child's phys- ical or mental condition, as attested by any competent physician, renders its attendance impracticable or inexpe- dient, or in any case in which, because of extreme poverty, the services of the child are necessary for the support of its parent or parents ; and, provided, further, that the Super- intendent, principal, or responsible teacher of any school may excuse any child for temporary absence because of unusual storm or bad weather, sickness or death in the child's family, unforeseen and unavoidable accidents, or PUBLIC SCHOOL LAWS OF TENNESSEE. the observance of religious festivals and holidays; and, provided, further, that the Superintendent, principal, or responsible teacher of any school may excuse any child for absence for other cause for not more than two days in any school month, the school month to be reckoned in. periods of four weeks from the beginning of the session. SEC. 2. Be it further enacted, That any parent, guar- Penalty< dian, or other person subject to the provisions of this Act who shall fail to comply with the provisions thereof, unless excused or exempt therefrom as herein provided, shall be guilty of a misdemeanor, and shall, upon conviction, be liable for the first offense to a fine of one dollar for each day which any child for which he or she is responsible has been absent; Provided, that the fine for any first offense may, upon payment of costs, be suspended and not collected until the same party is convicted of a second offense. SEC. 3. Be it further enacted, That when the annual Records to be made. census of the school population is taken as required by law, the full name and the age of each child and the full name, the place of residence of the parent, guardian, or other person legally responsible for the control of the child shall be reported, and the Secretary or Clerk or any Board of Education or Board of County or District School Directors shall at the beginning of the school term furnish to the Superintendent, principal, or teacher in charge of each school of which said Board has control a copy of the census of all children belonging to the school or schools of which such Superintendent, principal, or teacher is in charge. SEC. 4. Be it further enacted, That at the close of each Dutle " ' teachers. school month every Superintendent, principal, or teacher in charge of any public school or schools and responsible for reports of the same shall transmit to the Secretary or Clerk of the Board of Education or Board of County or District School Directors a list of all absences of children between the ages of eight and fourteen years that have : PUBLIC SCHOOL LAWS OF TENNESSEE. occurred during the month, together with copies of such excuses as have heen offered for these absences by parents, guardians, or other persons legally responsible for the con- trol of the children that have been absent, and also a state- ment as to which excuses have been accepted as valid ; Pro- vided, that such reports shall be made on suitable blanks prepared by said Board of Education or Board of District Directors, the form for which blanks shall be provided by the Superintendent of Public Instruction of the State. SEC. 5. Be it further enacted, That every Superintend- ent, principal, or teacher in charge of any public school or schools shall notify the parent, guardian, or other person legally responsible for the control of any child between the ages of eight and fourteen years belonging to the school of the absence of such child, and such notice shall be given in person or in writing within three days after the absence occurs. suit may be SKC. 6. Be it further enacted, That the Secretary or agahist Clerk of any Board of Education or Board of County or parents, District School Directors shall report to the Board at each guardians, etc. regular meeting all lists of absences and all excuses re- ceived from Superintendents, principals, and teachers, and shall for the Board and in the name of the State bring suit in the proper court against any parent, guardian, or other responsible person in any case in which said Board may, by a majority vote, order suit to be brought; Provided, that the Board of Education in any city or town having an independent school system may, at its discretion, employ truant officers and establish and maintain truant schools. SEC. 7. Be it further enacted, That the cost of trial and prosecution, except as provided for in Section 2 of this Act, shall be paid out of the public-school fund of county, city, town, or school district in which suit originates, and all fines shall be reported to the Chairman of the Board and paid to the Trustee of the county, who shall place the PUBLIC SCHOOL LAWS OF TENNESSEE. same to the credit of the school fund of the said county, city, or town or school district. The following c-. unties are under this law !>y legislative action of 1909: Clay, Cumberland, 1'Vntress, Grundy, Hamblen, Haw- kin-, Ivnox, London, Morgan, Macon, Pickett, Trousdale, Unicoi, Washington. The following by act of 1911 : Overton and White. The following have compulsory attendance laws of slightly different provisions by action of 1911 : Anderson, Blount, Carter, Claiborne, Cocke, Grainger, Greene, Hancock, Hardin, Jefferson, Johnson, Marion, Scott, Smith, Union. 75 General Education Bill. ACTS 1909. CHAPTER 264. AN ACT to provide for the improvement of the system of Public Education of the State of Tennessee that is to say, to establish a General Education Fund by appropriating thereto annually twenty-five per cent of the gross revenue of the State ; to pro- vide for the apportionment of this fund and specifying what part shall be apportioned to the several counties of the State on the basis of scholastic population ; what part shall be used to equalize more nearly the school facilities of the several counties, and the conditions on which this part shall be apportioned; what sum shall be used to assist in paying salaries of County Superintendents, and on what conditions ; what part shall be used to encourage and assist in the establishment and mainten- ance of public county high schools, and on what conditions ; and providing for the grading and inspection of high schools; what part shall be used for the establishment and maintenance of school libraries and on what conditions; what part shall be used for the establishment and maintenance of three Normal schools for white teachers, one in each Grand Division of the State, and one Agricultural and Industrial Normal School for negroes, and providing for the location, establishment, and con- trol of said schools ; and what part shall be apportioned to the University of Tennessee and its various stations ; and to repeal Chapter 537 of the Acts of 1907. General Edu- SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That for the purpose of improving, unifying, and extending the systems of Public Education of the State of Tennessee, for the purpose of giving more adequate support to public schools of all grades, and for the purpose of extending the benefits of the school system more equally to all the sections, counties, and districts of General Edu- the State, a General Education Fund shall be, and the created. same is hereby, created, and for the year one thousand nine hundred and nine and annually thereafter twenty-five per PUBLIC SCHOOL LAWS OF TENNESSEE. 77 cent of the gross revenue of the State shall be paid into this General Education Fund, to be apportioned as hereinafter provided ; and the Comptroller of the Treasury shall pass, and he is hereby directed to pass, on the first day of Janu- ary and the first day of July of each and every year, to the credit of said General Education Fund, the amount due thereto according to the provisions of this Act, and to distribute the same as hereinafter provided. SEC. 2. Be it further enacted, That sixty-one per cent per ca f lte apportion - of the General Education JFund provided by this Act shall ment. be apportioned to the several counties of the State accord- ing to scholastic population, as the interest on the perma- nent school fund is apportioned and for the same purposes. SEC. 3. Be it further enacted, That ten per cent of the General Education Fund provided by this Act shall be, and schools in the same is hereby, set aside as a special fund to be used counties. and expended for the purpose of more nearly equalizing the common schools in the several counties of the State, the same to be apportioned among the several counties of the State by the State Board of Education in accordance with the provisions hereinafter set forth. Provided, that before any county shall be eligible to JJ ceive any portion of this ten per cent of the General Edu-cive. cation Fund provided by this Act, it shall levy for public schools, including the school taxes levied by the State, and excluding taxes for public high schools, a lax of not less than forty cents on each hundred dollars of taxable prop- erty, a tax of two dollars on each taxable poll, and all the privilege taxes which the laws of the State permit counties to levy for school purposes; and, provided, further, that this special fund of ten per cent of the General Education Fund provided by this Act shall be apportioned among the counties of the State that comply with the provisions of this section of this Act in proportion to their scholastic population and in reverse ratio of the taxable property of the several counties to scholastic population, and to be dis- 78 PUBLIC SCHOOL LAWS OF TENNESSEE. Appropria- tion to sup- plement sal- aries of Coun- ty Superin- tendents. How ob- tained. Reports re- quired of County Su- perintend- ents. tributed as other school funds coming into the Trustee's hands are distributed; provided, further, that before any apportionment of this ten per cent is made, there shall, for the year 1911 and annually thereafter, first be deducted from it such an amount as may be necessary to pay a por- tion of the salaries of County Superintendents of Public Instruction, as provided in Section 4 of this Act. SEC. 4. Be it further enacted, That for the year one thousand nine hundred and eleven and annually thereafter, before appropriating the ten percent of the General Edu- cation Fund provided in Section 3 of this Act, the sum of thirty-three thousand six hundred dollars ($33,600) of the ten per cent mentioned in Section 3 of this Act, or so much thereof as may be required by the provisions of this section, shaU.be set aside to assist the several counties of the State to pay more adequate salaries to the County Superintendents, and that there may be more competent supervision of the public schools. Each county in the State shall receive from this fund, to be paid on the salary of the County Superintendent, an amount equal to that which is paid by the county ; provided, that no county shall receive from this fund for this purpose more than $350 in any one year; provided, further, that any County Super- intendent receiving the maximum amount ($350) from this fund as herein provided shall devote all his time to the duties of the office for ,a period not less than nine months in the year, and he may be required to devote there- to all his time for the entire year. Provided, further, that not more than half the amount apportioned to any county under the provisions of this sec- tion' of this Act shall be paid to said county until all re- ports required of the County Superintendent and other county school officers have been made accurately and satis- factorily, and until all other duties required of the County Superintendent by law have been faithfully performed. All funds apportioned to any county under the provisions PUBLIC SCHOOL LAWS OF TENNESSEE. 79 of this section of this Act shall be paid by the Comptroller ? tate , Supei> L A Intendent to on the certificate of the State Superintendent of Public certify to Instruction and as ether school funds are paid. SEC. 5. Be it further enacted, That eight per cent of the General Education Fund provided by this Act shall be used as a high-school fund, to encourage and assist the" s( counties of the State to establish and maintain public county high schools as hereinafter provided. It shall be the duty of the State Board of Education to grade all high schools now established and maintained or to s rade hl s u that in the future may be established and maintained under the provisions of the county high-school law; to prescribe their minimum courses of study, requiring the elements of agriculture and home economics to be taught in all schools; and to classify them as high, schools of the first, second, and third class. Under such regulations as may be prescribed by the regulations State Board of Education, all qualified public county high for disburse- J ' ment of hlgh- scnools may receive assistance from the fund provided by school fund, this Act and this section of this Act in proportion to the amount of money received by the several schools from other sources and expended annually for the payment of teach- ers' salaries and incidentals, not including permanent im- Iprovements of grounds or buildings; provided, that no county may receive in any one year more than one-fiftieth part of the total fund provided by this section of this Act for that year, and that no one school shall receive from this fund more than one-third the amount received from other sources and expended in that year for its maintenance, not incuding any amount expended for permanent improve- ments. All applications for assistance under the provisions of this section of this Act shall be made in such a way as may be prescribed by the State Board of Education, and all payments shall be made on the certificate of the President and Secretary of said Board. 80 , PUBLIC SCHOOL LAWS OF TENNESSEE. ^^ teachers in the public county high schools receiving be examined aid from this high-school fund under the provisions of this section of this Act shall be examined and licensed under regulations prescribed by the State Board of Education, and said Board is hereby empowered and instructed to make rules and regulations for the examination and licens- ing of such teachers. The State Board of Education shall have the power, and the same is hereby authorized, to em- inspector of ploy an Inspector of High Schools at such annual salary high schools. F * as it may determine, his salary and traveling expenses, when engaged in the work of high-school inspection or the performance of other related duties assigned him by the State Board of Education to be paid out of the high-school fund herein provided. Said High School Inspector shall have his office in the office of the State Superintendent of Public Instruction, and shall give his time to the inspec- tion of high schools in the State and such other related duties as may be assigned him by the State Board of Edu- cation, and shall make reports of his work and of the condi- tions of the high schools of the State as required and di- rected by said Board. Surplus to Any portion of the high-school fund of any year pro- capita appor- vided by this Act and this section of this Act that cannot ke apportioned to the public high schools of the State with- out exceeding the ratio to income of such schools as pro- vided in this section of this Act shall revert to the school fund provided in Section 2 of this Act and be apportioned as therein provided. public school g 6 Se jt f ur ti ier enacted, That one per cent of the library fund. General Education Fund provided by this Act shall be used to encourage and assist in the establishment and mainte- nance of libraries in the public schools as herein provided. Whenever the patrons and friends of any public school in any county of the State shall raise by private subscrip- tion or otherwise and tender to the County Trustee, through the County Superintendent of Public Instruction, PUBLIC SCHOOL LAWS OF TENNESSEE. 81 the sum of twenty dollars ($20) or more for the establish- ment and maintenance of a library for that school, said County Superintendent shall notify the State Superintend- ent of Public Instruction, and, upon the certificate of the State Superintendent of Public Instruction, the Comp- troller of the Treasury shall pay to the Trustee of said county, out of the fund herein provided, a sum equal to half that raised by private subscription or otherwise, to be added to the library fund of said school ; and whenever ten dollars ($10) or more shall be raised by private subscrip- tion or otherwise to supplement a library already established under the provisions of this section of this Act, said library may in like manner receive from the fund herein provided a sum equal to half the sum so raised. Provided, that no school shall receive in any one year from this fund more than twenty dollars ($20) for the es- tablishment of a new library, or more than ten dollars ($10) to assist in supplementing a library already estab- lished. Provided, further, that in distributing the funds under the provisions of this section of this Act preference shall be given to applications coming from counties which have not previously received their proportionate part of this fund according to scholastic population. And, provided, further, that preference shall be given to applications for assistance to establish new libraries rather than applications to assist in supplementing libraries already established. It shall be the duty of the State Board of Education to state Board T * l88UC ft P- make and cause to be published through the office of the proved list State Superintendent of Public Instruction rules and regu- of books - lations for libraries established under the provisions of this section of this Act, issue approved lists of books from which purchases for said libraries may be made with money received from the State as herein provided, and ar- range for the purchase of such books at the lowest possible PUBLIC SCHOOL LAWS OF TENNESSEE. prices. All libraries receiving assistance from this fund shall comply with all the regulations made hy the State Board of Education, as herein provided. All money re- ceived from the State to assist in establishing or supple- menting a library under the provisions of this section shall be used to purchase books on the approved lists aforesaid, and no books shall be purchased at a higher price than the price in said approved lists. All purchases of books shall be reported to the County Superintendent, and a list of the same shall be attached to the warrant issued in pay- ment of the same; and no commission shall be allowed the County Trustee on library funds. circulating One-fifth of the amount accruing annually for school libraries under the provisions of this Act may be used for the purchase and m'aintenance of circulating libraries for the public schools of the State under the joint direction of the State Library and the Department of Public Instruc- tion. SEC ' 1' Be ^ further enacted, That thirteen per cent of the General Education Fund provided by this Act may be used for the establishment and maintenance of Normal schools solely for the education and professional training of teachers for the elementary schools of the State, as herein provided. One Normal school for the education and pro- fessional training of white teachers shall be established and maintained in each Grand Division of the State, and shall be open and free alike to white males and females resident in the State of Tennessee ; and one Agricultural and Indus- trial Normal School for the industrial education of negroes and for preparing negro teachers for com- mon schools shall be established and maintained, and shall be open and free alike to negro males and fe- males resident in the State of Tennessee; but no person shall be admitted to either of these schools who is under sixteen years of age and who has not finished at least the elementary school course prescribed for the public schools PUBLIC SCHOOL LAWS OF TENNESSEE. 83 of the State; nor shall any person be admitted to either of the Normal schools for white teachers who does not first sign a pledge to teach in the public or private schools of the State of Tennessee, within the next six years after leaving the school, at least as long as he or she has attended said school. Each school established and maintained under the pro- visions of this section of this Act shall have connected with it one or more practice and observation schools, in which shall be taught at least all the subjects prescribed for the primary schools of the State; and the County Boards of Education of any county, or the District Directors of any school district, or the Board of Education of any incor- porated city or town having a special school system under the provisions of its charter may, and the same is hereby empowered to, contract with the State Board of Education to provide for the teaching of children of public-school age in such practice and observation schools, and to pay to the said Normal school all or any portion of the public-school fund belonging to such county, district, or incorporated city or town, as agreed upon by the school authorities of said county, school district, or incorporated city or town, and the State Board of Education, as in the case of con- solidated schools under the provisions of the State school law. The principals and instructors in the Normal schools for the education and training of white teachers may be re- quired to assist in conducting Teachers' Institutes in any of the counties of the Grand Division of the State in which said school is located. Provided, that no principal or instructor may be thus required to assist in institutes more than six weeks in any one year. Provided, further, that no more than two members of the faculty of any Normal school may be required to be absent from the school for this purpose at the same time. PUBLIC SCHOOL LAWS OF TENNESSEE. State Nor- mal School graduates licensed to teach. Course of study. And, provided, further, that all such service shall be per- formed without additional pay, except that necessary trav- eling expenses and hotel hills while engaged in this service shall be paid out of the funds of the Normal school. A certificate of graduation from any one of the said Normal schools shall entitle the holder thereof to teach in any of the public schools of the State without further ex- amination for a period of four years from the date of such certificate. Any such graduate who completes within the said period of four years such additional courses of reading and study as may be prescribed by the State Board of Edu- cation and shall pass the required examinations in the same and has proven his ability as a teacher by teaching acceptably not less than fifteen months within this period may, upon application, be granted a permanent license to teach in any of the public elementary schools of the State. The course of study and the rules and regulations shall be the same for all the said Normal schools, with such minor modifications for any school as may be required by local conditions ; provided, that such courses of study shall include instruction in ordinary English branches, in vocal music, drawing, domestic science, manual training; ele- tnents of chemistry, physics, and biology; the elementary principles of agriculture, horticulture, and home econom- ics; and in the history, principles, and methods of educa- tion; and, provided, further, that the courses of study for the Agricultural and Industrial Normal School for negroes shall be of such practical nature as to fit the conditions and needs of their race. Management. The general management and control of all Normal schools established and maintained under the provisions of this section of this Act shall be vested in the State Board of Education ; and the said State Board of Education shall have power to employ a bookkeeper, whose duty it shall be to keep the accounts of the Normal-school funds as di- rected by the Board, and the salary shall be fixed by the PUBLIC SCHOOL LAWS OF TENNESSEE. 85 Board and paid out of the Normal-school fund herein pro- vided before its apportionment to the several schools and on the warrant of the Comptroller. All schools established under the provisions of this sec- tion of this Act shall be located by the State Board of Edu- cation ; and in making such locations, said Board shall take into consideration accessibility, centralness of position, healthfulness of location, cheapness of living, opportuni- ties for arranging for suitable practice and observation schools, and the value and usefulness of offers of donations of grounds, buildings, money, etc. In addition to any accepted donations of land, money, or buildings, the income from the fund provided by this Act and this section of this Act for the years one thousand nine hundred and nine and one thousand nine hundred and ten or any portion of the same may be used for buildings and equipment. One-seventh of all the funds derived in any year from*** 11001 for V V , __ the provisions of this Act and this section of this Act shall be apportioned to the Agricultural and Industrial Normal School established for the education and training of ne- groes, and the remaining six-sevenths shall be apportioned equally among the schools established and maintained for the education and training of white teachers in the three Grand Divisions of the State; but all moneys received by any one of the Normal schools established and maintained under the provisions of this Act from any other source than from the fund herein provided to be paid out of the CTOSS revenue of the State shall, under the direction of thp. State Board of Education, be accounted for and paid into the treasury of the State, to be placed to the credit of said school. It shall be the duty of the Governor of the State to call a meeting of the State Board of Education within sixty days after the passage of this Act for the purpose of taking such steps as may be necessary to carry out the provisions negroes. PUBLIC SCHOOL LAWS OF TENNESSEE. of this Act, looking to the location and establishment of these schools, and to the opening of the same at the earliest date practicable. Disburse- All disbursements of money under the provisions of this funds. section of this Act shall be made on the certificate of the President and Secretary of the State Board of Education, by the Comptroller of the Treasury, in the manner pre- scribed by law for the disbursement of money to charitable institutions. university of g EC< g. Be it further enacted, That for the year one appropria- thousand nine hundred and nine and annually thereafter seven per cent of the General Education Fund provided by this Act shall be, and the same is hereby, appropriated to the University of Tennessee, to be used for the mainte- nance and improvement of the same, as the head of the public-school system of the State, as the General Assembly of the State may from time to time direct by resolution or enactment, or as the Board of Trustees of said University may elect. Experiment Provided, that ten per cent, but not less than ten thou- sand dollars ($10,000) annually, of the amount herein apportioned to the University of Tennessee shall be used for the maintenance of the Agricultural and Horticultural Experiment Station and Model Farm, located in West Tennessee, and five per cent, but not less than five thou- sand dollars annually, for the maintenance of cooperative agricultural experiments in Middle Tennessee. Traveling ex- Provided, further, that an amount not exceeding five students. per cent of the sum apportioned annually to the University may be used to pay the traveling expenses of young men and women of Tennessee attending the University, under such rules and regulations as the Board of Trustees of said University may adopt, but the traveling expenses of no student shall be paid who does not remain through the entire school year, nor shall the expenses of any student be paid more than once each way in any year. PUBLIC SCHOOL LAWS OF TENNESSEE. 87 Provided, further, that tuition in the academic, engineer- Scholarship., ing, agricultural, and educational departments of the Uni- versity shall be free to all qualified white students who are citizens of the State of Tennessee, or whose parents or guardians are citizens of the State of Tennessee ; but noth- ing in this section of this Act shall be construed in such way as to affect or modify the existing laws in regard to State scholarship students of African descent in the Indus- trial Department of said University. SEC. 9. Be it further enacted, That all schools receiving Reports to be made to assistance under the provisions of this Act shall be recog- state super- nized as essential parts of the system of Public Education ln of the State of Tennessee, and annually, on or before the first day of August, the proper authorities of each shall submit to the State Superintendent of Public Instruction a report in regard to the work, development, and progress of the school during the year ending with the thirtieth day of June next preceding, and a clear and itemized statement of all receipts and expenditures for the same period. SEC. 10. Be it further enacted, That Chapter 537 of the Acts of 1907 and all laws and all parts of laws in conflict with this Act shall be, and the same are hereby, repealed. SEC. 11. Be it further enacted, That this Act shall take ' effect from and after its passage, the public welfare requir- ing it. School Bonds. ACTS 1911. CHAPTER 60. AN ACT to authorize the Quarterly County Courts of the several counties of the State, except in counties of 190,000 population or over according to the Federal census of 1910 or any subse- quent Federal census, to issue and sell coupon bonds to pur- chase school property, school sites; to erect, furnish, equip, and repair school buildings; and to fix the denominations of said bonds, and to provide for the payment of the interest on the same, and for a sinking fund with which to retire the same, and to provide a method for loaning said sinking fund; and to further provide for the distribution of the money raised by the sale of said bonds between the counties and cities. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee f That the various counties of the State, except in counties of 190,000 population or over, according to the Federal census of 1910 or any sub- sequent Federal census, through their respective Quar- terly County Courts, be, and they are, hereby authorized and empowered to issue and sell bonds for the purposes and in the manner hereinafter provided. interest. SEC. 2. Be it further enacted, That the bonds shall be known as "School bonds," and shall bear interest at the rate of not exceeding 5 per cent per annum, payable semiannually, and said bonds to be due and payable in not more than twenty-five years from the date of their issuance, and to be sold for not less than par. SEC. 3. Be it further enacted, That each of said bonds shall be signed by the Judge or Chairman of the County 'Court and countersigned by the County Court Clerk with the official seal of the latter attached thereto, and said bonds shall each have attached to them coupons for the PUBLIC SCHOOL LAWS OF TENNESSEE. 89 semiannual interest upon the same for each of the years they have to run, showing on their face the number and amount of bonds to which they are attached, the amount of each semiannual installment of interest on said bond, and when the same shall be due, which coupons shall be signed in the same manner as said bonds, except that the seal of the County Court Clerk need not be affixed thereto, and the signature of the County Judge or Chair- man and the Clerk of said County Court may be litho- graphed on said coupon. SEC. 4. Be it further enacted, That said bonds may be issued in denominations of not less than one hundred ($100) dollars nor more than one hundred thousand ($100,000) dollars. The bonds of each denomination shall be numbered consecutively, beginning at one, and shall recite on their face that they are issued in pursu- ance of this Act, and this Act may be printed on the back of said bonds, and said bonds shall be payable in the law- ful currency of the United States at such time not to ex- ceed twenty-five years from the date of their issuance, and at such place and for such amounts as the purchasers and representatives of the Quarterly County Court, as herein designated, shall determine. SEC. 5. Be it further enacted, That said bonds shall 8old for cash " be sold for cash by the Chairman or Judge of said County Court; Provided, that the sale shall be advertised for a period of not less than thirty days next preceding the date of said sale, and that no bond shall be sold for less than par value; Provided, however, that the said Quarterly County Courts are authorized to pay the necessary ex- penses in the issuance and sale of said bonds. SEC. 6. Be it further enacted, That the money arising Funds kept from said sale of school bonds shall be turned over to the* 6 Trustee of said county, and shall be kept separate and apart from all the other funds, and shall be paid out only 90 PUBLIC SCHOOL LAWS OF TENNESSEE. for the purposes and in the manner hereinafter provided, and said Trustee shall be allowed no commission for re- ceiving or disbursing said funds. SEC. 7. Be it further enacted, That the counties hav- ing a city or cities operating schools independent of said county, the Trustee of said county shall pay over to the Treasurer of said city that amount of said funds which shall bear the same ratio to the entire amount arising from the provisions of this Act as the scholastic popula- tion of said city or cities bears to the entire scholastic population of said county; Provided, however, that the said funds paid over to the said City Treasurer shall be kept separate from all other funds in the manner and for the purposes herein provided for said county funds to be used. Annual sink- SEC. 8. Be it further enacted, That upon the issuance of said bonds they shall be a binding obligation and debt upon the said county, and that the Quarterly County Court of said county shall levy annually a tax on all the taxable property of said county for the purpose of pay- ing interest on said bonds as it becomes due and to create a sinking fund with which to retire and pay off said bonds when they mature, and in counties having no sinking fund commission the County Judge or Chairman of the County Court shall loan out said school bond sinking fund upon first mortgage real estate security, approved by the County Court Clerk and County Superintendent of Schools. SEC. 9. Be it further enacted, That said County Judge or Chairman may purchase bonds at not more than par value on approval of said County Court Clerk and County Superintendent; Provided, further, that said school bond sinking fund shall not be loaned for a less rate of interest than the rate of interest on the bonds themselves, and in amounts not exceeding 50 per cent of the value of the PUBLIC SCHOOL LAWS OF TENNESSEE. real estate security, the interest to be added semiannually to said sinking fund. SEC. 10. Be it further enacted, That the proceeds of f 1 ' f school fund. said sale of said bonds shall constitute a special fund to be known as "Special School Fund," which shall be kept by the Trustee of said county and the Treasurer of said city schools separate and apart from all other funds and shall be applied exclusively to purchase property for school purposes, to purchase sites for school buildings, to erect or repair school buildings and to furnish and equip school buildings, and to be used for no other purposes by the County Board of Education of said county or by the City Board of Education, which said City Board shall have a right to draw warrants on said funds for said purposes only. SEC. 11. Be it further enacted, That said bonds may be issued by the Quarterly County Court of any county in this State by resolution by a majority of said members of said Quarterly County Court at any^ regular meeting thereof; Provided, however, that said county shall not issue an amount of bonds to exceed 3 per cent of the value of the taxable property for said county. SEC 12. Be it further enacted, That the County Judge Bond redemp- or Chairman of said county shall give within sixty days immediately preceding maturity of said bonds or any of them notice to the holders thereof through some news- paper published in the county seat of said county for a period of thirty days, stating in said notice the numbers of said bonds and when they shall become due, requesting that they shall be presented for payment or redemption on said date at the place designated in said bonds; and if said bonds are not presented for payment or redemption at the time and place so designated, then the interest thereon shall cease. SEC. 13. Be it further enacted, That said bonds shall tlon. PUBLIC SCHOOL LAWS OF TENNESSEE. not be issued for any other purpose than herein expressed, and that said bonds shall be exempt from taxation for State, county, and municipal purposes in Tennessee. SEC. 14. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed, and that this Act shall take effect from and after its passage, the public welfare requiring it. Passed February 16, 1911. ~N. BAXTER, JR., Speaker of the Senate. A. M. LEACH, Speaker of the House of Representatives. Approved July 3, 1911. BEN W. HOOPER, Governor. lassified List of Decisions of the Supreme Court Construing the School Laws. I. STATE SUPERINTENDENT. Suit to recover counsel fees illegally paid out of county school funds may be prosecuted by State Superintendent of Public Instruc- tion. State v. H. C. True, 8 Gates, 294. The power to employ counsel and procure a suit to be brought to pre- vent a misappropriation of public school funds In the hands of the County Trustee is vested in the State Superintendent of Public Instruction, and not in the Quarterly Court. State v. True, 8 Gates, 309, 310. II. COUNTY SUPERINTENDENT. Decision of County Court final in fixing salary. 6 Lea, 501, Halle r. Young. III. DISTRICT DIRECTORS. Election Illegal Directors. 12 Lea, 486, Meadows v. Nesbitt. Election of Di ectors. See cases Nollle Roberts v. Len K. Hart, Trus- tee; Banks v. Burkhalter, from Davidson County. 21 and 22 Pickle. Contested Election County Court Decides. 12 Lea, 30, State v. Burch- fleld. Removal from Office. 3 Tenn. Ch. Rep., 177, State v. Leonard. Contracts with, and pay and dismissal of teachers. 5 Lea, 526, Parker v. School District; 12 Lea, 486, Meadows v. Nesbitt; 10 Lea, 344, Crawley v. Leonard; 10 Lea, 219, Morley v. Power; 5 Lea, 692, Morley v. Power; 5 Lea, 265, Bayless v. Driskell. Violation of Section 19 of School laws a misdemeanor. 9 Baxter, 659, State v. Keeton. Power to regulate the suspension or dismissal of pupils. 5 Lea, 526, Parker v. School District. Directors contract with teachers. See cases Nollie Roberts v. Len K. Hart, Trustee; Banks v. Burkhalter, from Davidson County. 21 and 22 Pickle. Liability of school directors for loss of school funds. See Code, sec. 1426; Finney v. Garner, 2 Gates, 67, 74. Suit against school directors for loss of school fund may be brought in whose name. Finney v. Garner, 2 Gates, 67-74. 94 PUBLIC SCHOOL LAWS OF TENNESSEE. IV. TEACHERS. Power of Directors to employ, control, and dismiss teachers, (See Directors.) 5 Lea, 692, Morley v. Power; 5 Lea, 526, Parker v. School District; 10 Lea, 219, Morley v. Power; 10 Lea, 344, Crawley v. Leonard; 12 Lea, 486, Meadows v. Nesbitt; 9 Baxter, 559; State v. Keeton, 13 Pickle, 489, 490, 494. Teachers' contract with directors. See cases Nollie Roberts v. Len K. Hart, Trustee; Banks v. Burkhalter, from Davidson County. 21 and 22 Pickle. Employment of minors. 12 Lea, 30, State v. Burchfleld. Pay of teachers. 10 Lea, 219, Morley v. Power; 10 Lea, 344, Crawley v. Leonard; 5 Lea, 265, Bayless v. Driskell; 6 Lea, 274, Bank v. Baber. Power of teachers to suspend and punish pupils. 3 Head, 425, Ander- son v. State; 5 Lea, 526, Parker v. School District; 3 Leg. Rep., 19, State v. Von Strans. NOTE. The power to employ teachers for schools beginning after July 1, 1907, Is vested in the County Board of Education and not in directors now in office. V. SCHOOL DISTRICTS. Debt of Directors binds successors, although district organization Changed. 3 Tenn. Ch. Rep., 556. Shankland v. Phillips; 6 Lea, 273, Bank v. Baber. NOTE. Since the decision in the case of Rodemer v. Mitchell, 6 Pickle, 65, the Legislature of 1891 has, by statute, empowered the County Court to create new school districts. School districts, citizens, taxpayers, etc., can maintain an action for illegal distribution of the school funds. State v. True, 8 Cates, 311. VI. COUNTY TRUSTEE. Liability 5 Lea, 265, Bayless v. Driskell; 6 Lea, 276, Bank v. Baber. May be sued. 9 Lea, 168, Bedwell v. Jones; 14 Lea, 536, Jernegan v. Gray. VII. SCHOOL TAXES. County Court may levy tax equal to entire State tax at any term of Court. 5 Lea, 708, Railroad v. Franklin County; 7 Lea, 309, Bright v. Holloman. PUBLIC SCHOOL LAWS OF TENNESSEE. VIII. PUBLIC SCHOOL FUNDS. Statute for collection and disbursement of public school funds is not unconstitutional as embracing more than one subject. Constitu- tion cited and construed: Art. 2, sec. 17; Acts cited and con- strued: Acts 1897, ch. 36; State v. True, 8 Gates, 298-307. Quarterly Court cannot employ counsel to prevent misappropriation of. Power in State Superintendent of Public Instruction. Counsel fees cannot be paid out of school fund by Chairman of County Court for services in suit for protection of school funds. State v. True, 8 Gates, 307. Bond to protect sureties on, not released by individual action of Di- rectors liability of. Finney v. Garner, 2 Gates, 68. IX. SCHOOL WARRANTS. How issued. 10 Lea, 219, Morley v. Power; 5 Lea, 265, Bayless v. Driskell. Not negotiable, do not bear interest, subject to statute of limitations, etc., and Trustee's duty. 5 Lea, 265, Bayless v. Driskell; 6 Lea, 274, Bank v. Baber. X. SCHOOLS OF MUNICIPAL CORPORATIONS. May levy tax, and may admit children residing outside the corporation. 15 Lea, 633, Ballentine v. Pulaski. XL PROCEDURE IN COURTS. Teacher cannot sue Comptroller. 10 Lea, 576, Yost v. Gaines. County Trustee may be sued. 9 Lea, 168, Bedwell v. Jones; 14 Lea, 536, Jernegan r. Gray. Cases where mandamus will lie. 5 Lea, 265, Bayless v. Driskell; 6 Lea, 692, Morley v. Power; 6 Lea, 274, Bank v. Baber. County Court decides contested election of Directors. 12 Lea. 30, State r. Burchfield. Removal of Director. 3 Tenn. Ch. Rep., 177, State v. Leonard.' XII. OATH MUST BE TAKEN BY ALL OFFICERS MISDE- MEANOR TO ENTER ON OFFICE WITHOUT IT. Ui Constitution, Art. 10, Sec. 1; M. & V. Code, Art. 2, Sees. 940, 941, 942, 943, 947, 948; 8 Baxter, 591. XIII. CONSTITUTIONAL REQUIREMENT. Constitution, Art. 11, bee. 12; 5 Hum., 279; 5 BaJtter, 1. Uniform Text-book Act conititutionaL L*ip*r T. Stott, 19 Pickle. INDEX ACADEMIES. May transfer property, pp. 63, 04. ADMINISTRATION. Advisory Board of Education, p. 19, sec. 1*3. county Board of Education, p. 15, sec. 3. County High School Board of Edu- cation, p. 88, sec. 3. County Superintendent, p. 10, eec. 8. State Board of Education, p. 10, sec. 55. State Superintendent, p. 3, sec. 3. State High School Inspector, p. 80, sec. 5. ADVISORY BOARDS. Election, p. 19, sec. 13 ; p. 60, sec. 13. Members to qualify, p. 62, sec. 18. Duties, p. 19, sec. 14, subsecs. 1 to <"> : pp. 60, 61. Vacancies, p. 14, sec. 11, subsec. 2; p. 61, sec. 15. AFFIDAVIT. Census Enumerator, p. 20, sec. 14, subsec. 4. To be filed with County Superin- tendent, p. 20, sec. 14, subsec. 4. ! ILTURAL AND INDUSTRIAL UKMAL SCHOOL. Who may attend, p. 82, sec. 7. AGRICULTURE. To be taught, p. 26, sec. 32, sub- sec. 6. APPROPRIATION. Text-book Commission, p. 55, sec. 16. APPORTIONMENT. common school funds, p. 77, sec. 2. Equalisation funds, p. 77, sec. 3. Supplement of County Superintend- t-nt's salary, p. 78, sec. 4. State funds, p. 30, sec. 44. ARBOR DAY. Appointed by county superintend- ents, p. 15, sec. 11, subsec. 2. , .,, Pul lic exercises, eubsec. 2. P. in, sec. 11, ATTENDANCE, I' pupils, p. 24, sec. 30. .Minimum attendance required, p. 25, sec. 30. ATTORNEY CKNKRAL. Prepare text-book contract, p. 47, sec. 3. ATTORNEYS. DISTRICT AND LOCAL, ite Superintendent may appoint, p. 32, sec. 45/. mi.' c.ninty Superintendent or trustee for failure to make re- port, p. 32. sec. -jr.'/. Conduct prosecutions, p. L'-l. aee. -". HANK <>F TBNNB88 Issue, p. :>o. sec. 43. P.C>.U:DS. LOCAL AND ADVISORY. Duties, p. 19, sec. 14, subsecs. 1 to ;. pp. r,d .-imi in. How elected and when to qualify. p. 19, sec. i:: : p. <',<>. sec. i::. Vacancies, p. 14, sec. 11. subsec. 2; p. 61, sec. 15. 7 BOARDS OF EDUCATION. Advisory Boards, p. 19, sec. 13. County Board of Education, p. 15, sec. 3. County High School Board of Edu- cation, p. 88, sec. 3. State Board of Education, p. 1C, sec. 55. BOND. To furnish text-books may be sued on, p. 47, sec. 3. BONDS. Commission not allowed trustee, p. 90, sec. 6. County Court may issue and sell, p. 88, sec. 1. Denomination, p. 89, sec. 4. Fund from bonds kept separate, p. 90, sec. 6. Interest on, p. 88, sec. 2. Issued by Quarterly Court, p. 91, sec. 11. Proceeds turned over to trustee, p. 89, sec. 6. Redemption of, p. 91, sec. 12. Seal of County Clerk, p. 88, sec. 1. Signed by Judge or Chairman of County Court, p. 88, sec. 3. Sinking fund, p. 90, sec. 8. Special school fund, p. 91, sec. 10. BRANCHES OF STUDIES. Primary schools, p. 25, sec. 32, subsecs. 2 and 6. Secondary schools, p. 25, eec. 32, subsec. 3. CENSUS. Duty City Board of Education, p. 20, sec. 14, subsec. 4. Duty of Secretary of Advisory Board, p. 20, -sec. 14 ; subsec. 4. Duty of County Superintendent, p. 12, sec. 9, subsec. 5. Duty of State Superintendent, p. 6, sec. 7, subsec. 12. CERTIFICATES. Qualification of teachers, p. 21, sec. : p. L'O, sec. 32. subsec. 5. To pupils completing primary school, p. 27, sec. 32, subsec. 2. To pupils completing secondary school, p. 27, sec. 32, subsec. 3. CITIES AND TOWNS. To enumerate scholastic population, p. 20. sec. 14. subsec. 4. What to include in population re- ports, p. 20, sec. 14, subsec. 4. Rights, p. .".4. SPC. ."_'. M.-iy establish graded schools, p. 34, sec. -.1. levy school tax. p. :'.4. sec. 52. Exempt fr.-ni County Board law, p. no. 81. CITY SCHOOLS county Board Law. p. Boards to enumerate census, p. 20, 14. subP'-e. 4. To rrveive share of public school money, p M. COMPTROLLER, To apportion school fund, p. 30, sec. 44. To distribute school fund to coun- 98 INDEX. ties on a per capita basis, p. 77, sees. 1 and 2. To certify to Chairman of County Court, p. 33, sec. 450. To give notice of distribution, p. To issue warrant on Bank of Ten- nessee fund, p. 30, sec. 44. COMPULSORY ATTENDANCE. Exemptions, p. 72, sec. 1. Applies to certain counties, p. 75. Consecutive attendance, p. 72, sec. 1. CONSOLIDATED SCHOOLS. Power of district directors and County Board of Education, p. 27, eec. 33. Power of County High School Board, p. 40, sec. 8. CONTRACTORS. To print price on text-books, p. 49, sec. 4. To. make bond, p. 47, sec. 3. COUNTIES. Exempt from County Board law, p. 62, sec. 17. That receive portion of equalization funds, p. 77, sec. 3 ; p. 79, sec. 5. COUNTY BOARD LAW. Counties under, p. 56, sec. 1. Counties exempt, p. 62, sec. 17. Cities exempt, p. 61, sec. 16. COUNTY BOARD OF EDUCATION. Who constitute County Board, p. 15, sec. 3. Members of, p. 56, sec. 3. Created, p. 56, sec. 1. Election and qualification, p. 56, sec. 4 ; p. 56, sec. 5. How vacancies are filled, p. 14, sec. 11; p. 16, sec. 6. Duties of Chairman, p. 16, sec. 7, subsec. 1, and p. 57, sec. 7. Temporary Chairman, p. 16, sec. 7, subsec. 1. Special meetings, p. 17, sec. 7, subsec. 2, and p. 18, sec. 10, subsec. 1. Committees, p. 17, sec. 7, subsec. 2. Term of service, p. 16, sec. 4. Time to qualify and organize, p. 16, sec. 4. Must be resident of district, p. 16, sec. 5. Quorum, p. 17, sec. 7, subsec. 1. Duties of Board, p. 58, sec. 10, subsec. 1 ; pp. 59 and 60. To select teachers, p. 59, sec. 2. To fix term of schools, p. 59, sec. 3. To locate schools, p. 59, sec. 4 ; p. 18, sec. 10, subsec. 4. To receive reports, p. 59, sec. 5. To visit schools, p. 59, sec. 6 ; p. 18, sec. 10, subsec. 6. To dismiss pupils, p. 59, sec. 7 ; p. 20, sec. 14, subsec. 5. To dismiss teachers, p. 59, sec. 8 ; p. 19, sec. 10, subsec. 8. To care for property, p. 60, sec. 9 ; p. 19, sec. 10, subsec. 9. To make district reports, p. 60, sec. Compensation, p. 60, sec. 12. Secretary's duties, p. 17, sec. 8, sub- sees. 1 to 3 ; sec. 9. To suspend schools for poor attend- ance, p. 24, sec. 30 ; p. 18, sec. 10, subsec. 3. To perform duties of District Di- rectors, p. 19, sec. 10, subsec. 9. To buy, transfer or sell school property, p. 19, sec. 10, subsec. 9. To act on appeals of suspended pupils, p. 18, sec. 10, subsec. 6. Issue order on Chairman for salary, p. 18, sec. 10, subsec. 5. Time of meetings, p. 17, sec. 10, subsec. 1. May permit pupils to attend in an- other county, p. 18, sec. 10, sub- sec. 4. To fix minimum attendance, p. 18, sec. 10, subsec. 3. To run schools same term, p. 18, sec. 10, subsec. 3. Control expenditure of school fund, p. 18, sec. 10, subsec. 2. COUNTY COURT. Chairman's duties, p. 53, sec. 8 ; p. 10, sec. 8, subsec. 1 ; p. 30, sec. 45a; p. 11, sec. 8, subsec. 1. County Superintendent to report to, p. 14, sec. 10. Levies county tax, p. 29, sec. 40. Tax to secure special fund, p. 77, sec. 3. May levy high school tax, p. 38, sec. 2. To elect high school board, p. 38, sec. 3. To divide county and school dis- tricts, p. 15, sec. 2. To elect members of County Board, p. 15, sec. 4. To approve County Trustee's bond, p. 22, sec. 44. May issue bonds for normal schools, p. 69, sec. 2. COUNTY HIGH SCHOOLS. County Court may establish, p. 38, sec. 1. Special tax levy, p. 38, sec. 2. Fund to be kept separate, p. 38, sec. 2. How controlled, p. 38, sec. 3. Subjects and grades taught, p. 39, sec. 4 ; p. 79, sec. 5. Three teachers required, p. 39, sec. 5. Requirement for admission of pupils, p. 39, sec. 6. Board to locate, establish and man- age, p. 40, sec. 7. May be consolidated, p. 40, sec. 8. To be under county and State officers, p. 40, sec. 9. Teachers to make reports, p. 41, sec. 9. Pupils over age and nonresidents, p. 41, sec. 10. Disbursement of fund, p. 41, sec. 11, p. 79, sec. 5. High School Inspector, p. 80, sec. 5. Academies may transfer property to, pp. 63 and 64. Teachers to be examined, p. 80, sec. 5. Branches to be taught, p. 54, sec. Fund to revert under certain condi- tions, p. 80, sec. 5. COUNTY HIGH SCHOOL BOARD. How elected, p. 38, sec. 3. Term of office, p. 38, sec. 3. Power to locate and control high schools, p. 40, sec. 7. May consolidate high schools, p. 40, sec. 8. May admit nonresidents or pupils over age, p. 41, sec. 10. COUNTY HIGH SCHOOL INSPECTOR. Selected by State Board, p. 80, sec. 5. INDEX. 99 Office in State Superintendent's office, p. 80, sec. 5. Duties of, p. 80, sec. 5. CO I FERINTENDKNT. Election and term of office, p. 10, sec. 8, subsec. 1. Removal from office, p. 10, sec. 8, subsec. 1. To be examined, p. 9, sec. 55, sub- sec. 12 ; p. 11, sec. 8, subsec. 1. Qualifications, p. 10, sec. 8, sub- sec. 1. Shall tile certificate, p. 11, sec. 8, eubsec. 1. Life of certificate, p. 11, sec, 8, subsec. 1. Exempt from examination, p. 11, sec. 8. Women eligible, p. 12, sec. 8, sub- 1. Duties, p. 12, sec. 8. Supervision of schools, p. 12, sec. 9, subsec. 1. To visit schools, p. 12, sec. 9, sub- sec. 2. Require report from County Board, p. 12, sec. 9, subsec. 3. Examine teachers and issue certifi- cates, p. 12, sec. 9, subsec. 4. Report scholastic population, p. 12, sec. 9, subsec. 5. Secretary of County Board, p. 12, sec. 9, subsec. 6. Observe directions of State Super- intendent, p. 12, sec. 9, subsec. 7. records of official acts and boundaries of school districts, p. 13, sec. 9, subsec. 8. Countersign certain warrants, p. 12, sec. 9, subsec. 9. Must sign warrants in ink, p. 13, sec. 9, subsec. 9. Keep record of countersigned war- rants, p. 14, sec. 9, subsec. 10. May recommend pupils for normal schools, p. 8, sec. 55, subsec. 10. Report warrants countersigned, p. 14, sec. 9, subsec. 10. to teach, contract, or buy school warrants, p. 14, sec. 10, subs> May appoint members of County Board, p. 14, sec. 11, subsec. 1. May appoint memN-rs of advisory board, p. 14, sec. 11, subs' May appoint arbor day. p. in, sec. 11, subsc < To be present when trustee makes settlement, p. ::i. Bees. ' and 46. To make quarterly reports to > Superintendent, p. ".i . MC. 4.v. Financial report, p. To report loftfl or misuse of funds, p. 32, sec M i.-d' mejui >r to f;>il (*> make re- por i.".//. When to report, p. 1 \ app'.int persons to mak port. p. 1 Coni: "1 property, p II. 1 . i ies and f .rfeit ures. p. 14, sec. 10, subsec. I* : p. _ and 24; ; .-../. Salary, p. ! rabMe 1. County Trus|,-e must report to him. pp. ::i. ::i. 32 corNTY TKFSTEE. Apportionment from Comptroller. p. 30, sec. -M. Balance not redistributed, p. 30. sec. i. p. 22, Me, u. Compensation, p. 22, sec. 44. Certify to amounts collected, p 22 H. County school tax retained and dis- tributed, p. L".), sec. 40. Disbursed l.y warrant of County Board, p. 17, sec. 8, subsec. 1. Duties as to high school fund, p. 41, sec. 11. Duties in Bank of Tennessee issue, p. 30, sec. 43, 44. Liability, p. 23, sec. 45. Penalties, p. 13, sec. 9, subsec. 9o ; p. 23, sec. 45. Report to County Superintendent, p 22, sec. 43, and p. 31, sec. 456 Report distribution to directors D 31, sec. 45. State poll tax retained and distrib- uted, p. 28, sec. 30. State school tax retained and dis- tributed, p. 29, sees. 38 and 39. School money kept separate, p. 21, sec. 43 ; p. 23, sec. 45. To distribute monev quarterly, n 31, sec. 46. To make annual settlement. D 31 sec. 46. To settle quarterly, p. 30, sec. 45a. Warrants for maps, charts, etc., to be approved before pavment, p. 13, sec. 9, subsec. 9o ' COURSE OF STUDY. Primary, p. 25, sec. 32, subsec. 1 Secondary, p. 25, sec. 32, subsec. 3. High school course, p. 79, sec. 5. DECISIONS Sunreme Court, classified, pp. 93, 94, 95. DEPOSITORIES OF TEXT-BOOKS One In each grand division, p. 52 sec. 8. One to four in each county, p. 52, soc. 8. Contractor may arrange with mer- chants, p. 52, sec. 8. May order books by mall, etc., pp. ."!'. 68, see. 8. Books to be sold at price printed thereon, p. 53, sec. 8. DISBURSEMENT OF FUNDS. Normal school, bv State Board of Education, p. <>. see. . 55, subsec. DISTRIBUTION SCHOOL FUNDS. Pem.-inent school fund. p. '27. sec. 34 : p. 28. sec. 35. General cd IK at Ion fund. p. 76. sec. 1. DISTRICT DIRECTORS. Office abolished, p : DIPLOMAS. From normal sclwiols exempts holders from examinations, p. 0. * Ptipils completing secondary course. BDUCATIONAL FUND. Apportionment of treneral fund, p. EIrCATH NAL INSTITUTIONS. upt from taxes, p. 65, sec. 1. [BRATOB F SCHOLASTIC POPULATION. Secretary of Advisory Board, p. 20. Time to enumerate, p. 20, sec. 14, 100 INDEX. Must file affidavit, p. 20, sec. 14, subsec. 4. City Board and Advisory Board to report, p. 20, sec. 14, subsec. 4. EXAMINERS. Chairman, County Court may ap- point, p. 11, sec. 8. State Superintendent may appoint, p. 5, sec. 7, subsec. 6. State Board may appoint, p. 80, sec. 5. EXAMINATIONS. County Superintendents, p. 9, sec. 55, subsec. 12. Teachers of primary and secondary schools, p. 12, sec. 9, subsec. 4. County high school teachers, p. 80, sec. 5. Who are exempt, p. 9, sec. 8. EXPENDITURE OP NORMAL SCHOOL FUNDS. State Board of Education, p. 9, sec. 55, subsec. 11. FEMALE SCHOOLS. Not to be disturbed, p. 36, sec. 1. Not to loiter around, p. 46, sec. 2. FORFEITURES. For failure to observe text-book law, p. 48, sec. 3. For paying teachers without certifi- cate, p. 21, sec. 26. For teachers not using adopted text- books, p. 55, sec. 14. For agents who violate text-book law, p. 55, sec. 15. For non-attendance, p. 73, sec. 2. Shall go to district where offense was committed, p. 24, sec. 25. FORMS. Distributed by State Superintend- ent, p. 5, sec. 7, subsec. 6. FUNDS. Comptroller apportions annual state fund, p. 30, sec. 44. County to levy additional school tax, p. 29, sec. 39. Permanent fund and its proceeds. p. 28, sec. 35. State school taxes, pp. 28 and 29. General school fund, p. 76, sec. 1. To supplement County Superintend- ent's salary, p. 78, sec. 4. High school fund. p. 79, sec. 5. Surplus high school fund, p. 80, sec. 5. Public school library fund, p. 80, sec. 6. Circulating library fund, p. 82, sec. 6. Normal school, p. 82, sec. 7. Agricultural and Industrial School, p. 85, sec. 7. University of Tennessee, p. 86, sec. 8. Experiment station, p. 86, sec. 8. Donations by bond issue by county or city, pp. 69, 70, sees. 1 to 5. Poll tax, p. 27, sec. 36. School taxes, pp. 28 and 29. GENERAL EDUCATION LAW. Apportionment of funds, p. 76, sec. 2. Circulating libraries, p. 82, sec. 6. Counties entitled to participate in distribution of ten per cent, p. 77, sec. 3. Disbursement of funds, p. 86, sec. 7. Experiment stations, p. 86, sec. 8. Fund to equalize school terms, p. 77, sec 3. High school fund, p. 79, sec. 5. High schoool teachers to be exam- ined, p. 80, sec. 5. Inspector of high schools, p. 80, sec. 5. Location of normal schools, p. 85, sec. 7. Management of normal schools, p. 85, sec. 7. Normal Course of Study, p. 84, sec. 7. Public school library fund, p. 80, sec. 6. Report of County Superintendents, p. 78, sec. 4. Report to State Superintendent, p. 87, sec. 9. School for negroes, p. 85, sec. 7. State Superintendent to certify ap- portionment to Comptroller, p. 79, sec. 4. State Board to grade high schools, p. 79, sec. 5. State Board to adopt regulations for disbursements high school fund, p. 79, sec. 5. State Board to issue library list, p. 81, sec. 6. State normal schools, p. 82, sec. 7. State normal school graduates, p. 84, sec. 7. State University scholarships, p. 87, sec. 8. Supplement County Superintend- ent's salary, p. 78, sec. 4. Surplus high school fund to revert, p. 80, sec. 5. Traveling expenses students to Uni- versity paid, p. 86, sec. 8. University of Tennessee appropria- tion, p. 86, sec. 8. Reports to State Superintendent, p. 87, sec. 9. GOVERNOR. President State Board of Education, p. 7, sec. 7. Approve bond of State Superintend- ent, p. 10, sec. 55, subsec. 6. Proclamation of text-books adopted, p. 52, sec. 7. HIGH SCHOOLS. May be established, p. 38, sec. 1. Fund kept separate, p. 38, sec. 2. Academies may transfer property, pp. 63, 64. Branches taught, p. 54, sec. 11. How fund is distributed, p. 79, sec. 5. To be graded, p. 79, sec. 5. Teachers to hold certificates, p. 80, sec. 5. HIGH SCHOOL INSPECTOR. Office with State Superintendent, p. 80, sec. 5. Duties, p. 80, sec. 5. LIBRARY COMMISSION. Created, p. 66, sec. 1. Duties, p. 67, sec. 3. Records, p. 66, sec. 2. Meetings, p. 67, sec. 4. Quorum, p. 68, sec. 4. LIBRARIES. State fund to assist in establishing, p. 80, sec. 6. I low State aid may be obtained, p. 80, sec. 6. Amount n library mny receive, p. 81, sec. 6. IND] Preference given to certain counties, p. 81, sec. 6. Regulations to be made by State Board of Education, p. 81, sec. 6. State Board to furnish list of books, p. 81, sec. 6. Purchase of books reported to inty Superintendents, p. 82, sec. 6. No commission allowed County Trustee, p. 82, sec. 6. LIBRARIES. CIRCULATING. One-fifth of library fund to be used, p. 86, sec. 2. LICENSE. Teachers, p. 21, sec. 26 ; p. 20, sec. 32, subsec. 5. High school teachers, p. 80, sec. 5. County Superintendents, pp. 9, 10. MAYOR AND ALDERMKX. May buy, erect, and furnish school- houses, p. 34, sec. 52, subsec. 2. M:y levy additional school tax for buildings, p. 34, sec. 52, subsec. 3. Shall appoint board of education, p. 35, sec. 52, subsec. 4. May issue and sell normal school bonds, p. 69, sec. 3. MA XT'SCRIPTS. Text-Book Commission may con- sider, p, 51, sec. 6. MISDKMKANOR. To violate text-book law, p. 55, sees. 13, 14, 15. To disturb female schools, p. 36, sec. 1. For paying teachers without certifi- cate, p. 21, sec. -!',. For non-attendance, p. 73, sec. 2. MIXED SCHOOLS. Not allowed, p. 25, sec. 52, subsec. 5. XORMAL SCHOOLS. Authorized, p. 7. sec. 55, subsec. 1. Purpose of, p. 82, sec. 7. Location, p. 82, sec. 7 ; p. 85, sec. 7. Who may attend, p. 82, sec. 7. Funds, p. XL', sir. 7. Admission of pupils, p. 8, sec. 55, State Board to locate, adopt course of study, and elect teachers, p. 8. sec. .".">. stibsc County Mud city Superintendents to ommend pupils, p. 8, see subsec. 7. Diplomas exempt teachers from ex- amination. p. subsec. 8. to Scito Super- intendent, p. 9. sec. ">.">, suis Teachi r> t.> ki . p. 9, sec. Whiti> :ind colored pupils to go to diflVmir schools, p. 9, sec. 55, . 10. Interest coupons, by whom P I 1 - ' ( I'r.-ictir-.- and observation school, p. ice. 7. hers to assist in Institute work. p. 83, sec. 7. Pupils must make pledge to to:ich, p. 84, sec. 7. Management of. p. S4. soc. 7. Course of study, p. S4. soc. 7. .duates of. p. 84. SPC. 7. 1 'dilations, p. sr>. s Disbursement of funds, p. 80. - Agricultural nnd Industrial, for negroes, p. 85, sec. 7. 101 Counties and cities may donate bonds for location, pp. 69, 70, sees. 1 to 5. OFFICERS. To deliver records to successors, p. 23, sec. 24. Must take oath, Supreme Court de- cisions, p. 95, XII. Must not contract or pay teachers without license, p. 21, sec. 27 : p. 23, sec. 24. Penalties and forfeitures, p. 24, sec. 25. PEABODY NORMAL COLLEGE. Trustees, p. 9, sec. 55, subsec. 4. PENALTIES AND FORFEITURES. For paying teachers without cer- tificate, p. 21, sec. 26. Teachers who do not use adopted book, p. 55, sec. 14. Agents who violate text-book law, p. 55, sec. 15. Non-attendance of pupils, p. 73, sec. 2. For all school officers, pp. 23, 24. For County Superintendent, p. 32, sec. 450; p. 10, sec. 8. State Superintendent, p. 4, sec. 5. County Trustee, p. 23, sec. 45. Shall go to district where offense was committed, p. 24, sec. 25. PEOPLE. May vote on school tax, p. 29, sec. Elect members County Board of Education, p. 57, sec. 4. Elect members of District Advisory Board, p. 60, sec. 13. PRACTICE AND OBSERVATION SCHOOL. State Board of Education may con- tract for, p. 83, sec. 7. PROPERTY. County Board of Education to con- trol, p. 19, sec. 10, subsec. 9, p. 60, sec. 9. PROSECUTION. To be paid out of school funds, p. 74, sec. 7. PUBLISH! r defray expenses of manuscript, p. 51, sec. 6. PUPILS. School age, p. 6, sec. 13. M:iy be admitted to town schools by consent, p. 05. X. Mny be suspended by county and district board, p. 20, sec. 14, sub- sec. 5 : p. 59, sec. 7 Suspension by teacher, p. 21, sec. 29. Mansion by District Advisory >rd, p. 20, sec. 5: p. 61, sec. 5. Certificates, p. 27, sec. 32, subsec. 2. Piplonins. p. 127. soc. 32, subsec. 3. White and colored not to be taught. In eame school, p. 24, sec. 30. bo rocommondod for admission to University of Tennessee, p. 87, sec. 8. KDS. State Superintendent to keep, p. 6, sec. 7, subsoc. 11. County Superintendent to keep, p. subsec. 8. t.iry County Board of Educa- tion to keep, p. 17, sec. 8, sub- sec. 3. 102 INDEX. pc Sch( Teachers to keep register, p. 21, sec. '27. County Trustee to keep separate accounts, p. 30, sec. 41. Normal schools to keep, p. 9, sec. 55, subsec. 9. County Trustee to keep record of high school fund. p. 41, sec. 11. Of attendance to be made, p. 73, sec. 3. REPORTS. When made, p. 12, sec. 9, subsec. 7. District Advisory Board, p. 19, sec. 14, subsec. 3. Secretary of County Board to County Court, p. 17, sec. 8, sub- sec. 2. County Board to receive monthly report, p. 18, sec. 5. County Superintendent's annual to State Superintendent, p. 5, sec. 7, subsec. 8. County Superintendent's annual to County Court, p. 19, sec. 9, sub- sec. 7. County Superintendent's annual to County Trustee, p. 12, sec. 9, subsec. 5. County Trustee's report to County Superintendent, p. 31, sec. 45&. County High School Board to re- ;ort, p. 40, sec. 9. ools aided by State to report, p. 87, sec. 9. Secretary Advisory Board to report census, p. 61, sec. 14, subsec. 4. State Superintendent's biennial re- port to Governor, p. 6, sec. 7, subsec. 12. State Superintendent's report of scholastic population to Comp- troller, p. 6, sec. 7, subsec. 11. State Superintendent may appoint person to make report, p. 5, sec. 7, subsec. 8. State Superintendent may require report of an officer, p. 5, sec. 7, subsec. 7. REQUIREMENTS. To bid for text-book contract, p. 45, sec. 2. SCHOLASTIC POPULATION. Duty of Secretary of Advisory Board, p. 29, sec. 14. subsec. 4. Duty of County Superintendent, p. 12, sec. 9, subsec. 5. Duty of State Superintendent, p. 6. sec. 7, subsec. 12. Duty of City Board of Education, p. 20, sec. 14, subsec. 4. SCHOOL AGE. Children between the ages of six and twenty-one, p. 6, sec. 13. SCHOOL DISTRICTS. Created for the purpose of electing members of the County Board, p. 15, sec. 2 ; p. 56, sec. 2. Adjacent to incorporated towns, p. 33, sec. 4. ""//. SCHOOL FUND. Comptroller apportions State fund annually, p. 30, sec. 44. County to levy additional school tax, p. 20. sec. 39. Permanent fund and its proceeds, p. 28. sec. ">r>. State school taxes, pp. 28. 29. General school fund, p. 76, sec. 1. To supplement County Superintend- ent's salary, p. 7S. sec. 4. Surplus high school fund, p. SO, sec. 5. School library fund, p. 80, sec. 6. Circulating library fund, p. 82, sec. 6. Normal school fund, p. 82, sec. 7. Agricultural and Industrial Normal, p. 85, sec. 7. University of Tennessee, p. 88. sec. 8. Experiment Station fund, p. 86, sec. 8. Donations, bond issue by county or city, pp. 69, 70, sees. 1 to 5. Poll tax, p. 27, sec. 36. People may vote on tax, p. 29, sec. 39. Distribute to counties levying cer- tain tax, p. 77, sec. 3. Distribution on basis of scholastic population, p. 77, sec. 2. Bank of Tennessee issue, p. 30, sec. 43. Unexpended balance, p. 30, sec. 42. Penalty of Trustee, p. 23. sec. 45. District Advisory Board to draw order, p. 61, sec. 14, subsec. 6. Secretary County Board to draw warrant, p. 58, sec. 8, subsec. 1. SCHOOL LAW. State Superintendent to print and distribute, p. 5, sec. 7, subsec. 6. SCHOOL DISTRICTS. May purchase property inside of corporations, p. 33, sec. 45, sub- sec, g. Number and how created, p. 15, sec. 2. SCHOOL OFFICERS. Oath, p. 95, Supreme Court De- cision, XII. Must not contract or pay teachers without license, p. 21, sec. 27 ; p. 23, sec. 24. Must deliver records to successors, p. 23, sec. 24. Penalties and forfeitures, p. 24, sec. 25. SCHOOL PROPERTY. County Board of Education to con- trol property, p. 19, sec. 10 ; p. 60, sec. 9. SCHOOLS. System established, p. 3, sec. 1. How long to be kept open, p. 29, sec. 39. Separate for white and colored, p. 24, sec. 30. Who may attend free, p. 24, sec. 30. Term of school, p. 24, sec. 30. Two classes of schools, p. 25, sec. 32. Consolidated schools, p. 27, sec. 33. Agricultural schools, p. 85. sec. 7. State Normal Schools, p. 7, sec. 55, subsec. 1 : pp. 82 to 85. Model school, p. 83, sec. 7. State negro school, p. 85, sec. 7. Branches of study, pp. 25. 26. High schools, pp. 79, 80. To be managed and controlled by County Board of Education, p. 56, 800 1 Grading, p. 26, sec. 32, subsec. 1 under subsec. 6. Branches of study, pp. 25, 26. Certificates and diplomas, p. 27, sec. 32, subsecs. 2, 3. Secondary schools to have more than one teacher, p. 25, sec. 32, sub- Must teach effect of alcohol and tobacco, p. 26, sec. 32. subsec. 4. County schools to run same length of time. p. 24. sec. 30. INDEX. 103 lily attendance, minimum to be fixed by County Board of Educa- tion, p. 24, sec. 31 ; p. 50, sec. 10, subsec. 3. To be located by County Board of Kducation. p. :"!). sec. 10, subsec. 4. SCHOOL WARRANTS. Drawn by Secretary of County Board, p. 17. sec. S. subst-c. 1. Shall be written in ink, p. 13, sec. 9, subsec. 9. Shall ho countersigned, p. 13, sec. 9, subsec. 9. Trustee's duty and liability, p. 13, sec. 9 '.ia. SECRETARY ls, p. 7, subsec. a. To inspect management of State Normal Schools, p. 7. subsec. 6. To locate normal schools, p. 85, sec. 7. To audit accounts of normal schools, p. 7. subside, h. To mako biennial reports, p. 7, sub- sec. 6. >dopt course and elect teachers, p. 8, sec. !">.">. subse, To receive donations from trustees of ! Education Fund and other source*, p. 8, sec. 4. May .pert.v from 1r of other institutions, p. 8, sec. To prescribe how applications for State IIi:rh Srhi.i.l Fund shall be made. p. 7 To adop- study and em- ploy teachers and other oi; ubtec. -. May employ bookkeeper, p. 84, 7. Ad .pt regulation* fr disbursing hiirh school fund. p. 70. s. 55, subsee. 1 1 Shall prescribe mode of examination of hitrh school teachers, p. SO. se< Shall employ hisih school and fix salary, p. SO. $< Disbursement* 'made by treasurer upon order of Board, p. f>, sec. "..">. subsec. 11. Shall prescribe minimum course for high schools, p. 79, sec. 5. Organization, duties and powers, pp. 7, 8, 9, 10. May provide for practice and ob- servation schools, p. 83, sec. 7. City boards and district directors may contract with State Board for teaching children of school age, p. 83, see. 7. May require instructors of normal schools to conduct teachers' in- stitute, p. 83, sec. 7. To manage and control normal schools, p. 84, sec. 7. To establish Agricultural and In- dustrial Normal School for negroes, p. 85, sec. 7. To grade high schools, p. 79, sec. 5. Report to legislature through State Superintendent and Governor, p. 7, subsec. a. May grant diplomas to normal school graduates, p. 9, sec. 55, subsec. 8. To issue approved list of library books, p. 81, sec. 6. To prescribe regulations for public school libraries, p. 82, sec. 6. STATE SUPERINTENDENT. Qualification, p. 3, sec. 3. Appointment, p. 3, sec. 3. Term of Office, p. 4, sec. 4. To make bond for performance of his duty as Secretary of State Board of Education, p. 10, sec. 55, subsec. 6. Member State Board of Education, p. 4, sec. 4, subsec. 2. Shall certify to Comptroller salary due County Superintendents, p. 79, sec. 4. Member of all State educational bodies, p. 4, sec. 4, subsec. 3. Secretary and Treasurer State Board of Education, p. 4, sec. 4, sub- sec. 4. IIo\v removed from office, p. 4. sec. 5. ion of office, p. 4, sec. 6. T.I collect and disseminate certifi- cates, p. 4, sec. 7, subsec. 1. To inspect the public schools, p. 4, sec. 7, subsec. 2. suspend schools for conference, p. 4, sec. 7. subsec. 3. To have school law executed, p. 5, sec. 7, subsec. 4. Furnish forms for report, p. 5, sec. 7. subsec. 5. To print and supply school law, p. c. 7. snbsec. 0. May appoint county examiners of public school work, p. 5, sec. 7. subsec. 7. Require report of County Superin- tendent, p. ii. sec. 7. sub* int persons to make report for County Superintendent and allow compensation, p. ">. sec. 7. -. ribe qualification of teachers and mode of examining and licensing. P. 0. sec. 7. subsec. 10. office documents, p. fi. 1 1 . scholastic population to ptroller. p. 0. sec. 7. suiter. rnor. p. 6. 7. subsec. To furnish forms and instruction for eari-yin- int.. effect the school law, p. 0. sec. 7. subsec. 14. 104 INDEX. To keep record of normal school funds, p. 10, sec. 55, subsec. b. To certify vouchers to Comptroller, p. 10, sec. 55, subsec. b. Suits for penalties shall be in his name, p. 24, sec. 25. May appoint attorney to look after collection of misused money, p. 32, sec. 45, subsec. 9. To announce text-books to County Superintendents, p. 54, sec. 10. Duty in grading schools, p. 26, sec. 32. Duty in issuing certificates and di- plomas to pupils, p. 27, sec. 32. Penalties and forfeitures, pp. 23, 24. SUPREME COURT. Decisions in school cases, pp. 93, 94, 95. TAXES. Poll and school, pp. 28, 29. How collected and distributed, p. 29, sec. 40. Educational institutions exempt, p. 65, sec. 1. County to levy additional, p. 29, sec. 39. Distribution to counties levying cer- tain tax, p. 73, sec. 3. People may vote, p. 29, sec. 4. TAXING DISTRICTS. Of the second class, p. 35, sec. 54. TEACHERS. Must have certificate of qualification, p. 21, sec. 26. Must have written contract, p. 21, sec. 28. Must have knowledge of effects of narcotics and alcoholic drinks, p. 26, sec. 32, subsec. 5. Shall report absences, p. 73, sec. 4. Must give written notice to parent, p. 74, sec. 5. To keep register, p. 21, sec. 27. Must deliver register to secretary of advisory board, p. 21, sec. 27. May suspend pupils, p. 21, sec. 29. Shall not be agent, p. 23, sec. 23. Examinations provided, p. 6, sec. 7, subsec. 10. Diplomas from State Normal Schools, p. 9, sec. 55, subsec. 8. Employment by County Board of Education, p. 59, sec. 2. Payment of salary, p. 59, sec. 10, subsec. 5. To make reports to County Board of Education, p. 59, sec. 10, sub- sec. 2. TEXT-BOOK BOND. Recoveries on, p. 48, sec. 3. TEXT-BOOK COMMISSION. Created, p. 42, sec. 1. Members, how appointed, p. 42, sec. 1. Term of office, p. 42, sec. 1. Compensation, p. 55, sec. 17. To appoint sub-commission, p. 43, sec. 1. Organization, p. 45, sec. 2. To consider bids for text-books, p. 51, sec. 6. Procedure of, p. 46, sec. 3. Requirement of bidders, p. 46, sec. 2. Consideration of bids, p. 46, sec. 3. May consider manuscripts, p. 51, sec. 6. To adopt uniform books, p. 42, sec. 1. Certain branches of study, p. 42, sec. 1. To advertise for bids, p. 45, sec. 2. To require cash deposit, p. 51, sec. 6. May reject bids and readvertise, p. 50, sec. 6. Contract with publishers, p. 47, sec. 3. To prevent charging excess, p. 50, sec. 5. TEXT-BOOK SUB-COMMISSION. How selected, p. 43, sec. 1. Must take oath, p. 44, sec. 1. Duties of, p. 43, sec. 1. Compensation of members, p. 55, sec. 17. . TEXT-BOOKS. To be sold at contract price, p. 5'3, sec. 8. Contract for five years, p. 54, sec. 9. Adopted books to be used exclusively, p. 54, sec. 11. Wnt hen other books may be used, p. 55, sec. 12. Governor to issue proclamation when adoptions are made, p. 52, sec. 7. State Superintendent to notify County Superintendent of adop- tion, p. 54, sec. 10. Attorney General to prepare con- tract, p. 47, sec. 3. Prices not to exceed those charged elsewhere, p. 49, sec. 4. As to higher branches, p. 54, sec. State not liable to contractor, p. 50, sec. 5. To have price printed on them, p. 49, sec. 4. Must come up to sample, p. 48, sec. 4. To be exchanged, p. 50, sec. 5. TREE PLANTING. Arbor Day appointed by County Su- perintendent, p. 15, sec. 11, sub- sec. 2. Public exercises, p. 15, sec. 11, sub- sec. 2. TRUSTEES OF ACADEMIES. May transfer property to county boards of education or county high school boards, pp. 63, 64. Trust ceases and board dissolves, p. 64, sec. 3. UNIVERSITY OP TENNESSEE. Appropriation, p. 86, sec. 8. Traveling expenses of students, p. 86, sec. 7. Report to State Superintendent, p. 87, sec. 9. Courses free, p. 87, sec. 8. Industrial department, p. 87, sec. 8. Experiment station, p. 86. sec. 8. Scholarships, p. 87, sec. 8. WARRANTS. Drawn by Secretary of County Board, p. 17, sec. 8, subsec. 1. To be written in ink, p. 13, sec. 9, subsec. 9. To be countersigned, p. 13, sec. 9, subsec. 9. Trustee's duty and liability, p. 13, sec. 9, subsec. 9a.