UC-NRLF
20 715
THE
SCHOOL LAW
OF
WEST VIRGINIA
1903
ISSUED BY THE
DEPARTMENT OF FREE SCHOOLS
GIFT OF
THE
SCHOOL LAW
WEST VIRGINIA
AND
Opinions of the Attorney-General and Decisions of the State
Superintendent of Free Schools
WITH EXPLANATIONS AND FORMS
REVISED AND ARRANGED BY
THOS. C. MILLER,
STATE SUPERINTENDENT OF FREE SCHOOLS
CHARLESTON :
THE TRIBUNE PRINTING COMPANY,
K
CONSTITUTIONAL PROVISIONS
RELATING TO THE
SCHOOL SYSTEM OF WEST VIRGINIA
ARTICLE IV
5. Every person elected or appointed to any office, Oath of office<
before proceeding to exercise the authority, or discharge
the duties thereof, shall make oath or affirmation that he
will support the Constitution of the United States and
the Constitution of this State, and that he will faithfully
discharge the duties of his said office to the best of his
skill and judgment; and no other oath, declaration, or
test shall be required as a qualification, unless herein
otherwise provided.
6. All officers elected or appointed under this Consti- Removal
tution, may, unless in cases herein otherwise provided fl
for, be removed from office for official misconduct,
incompetence, neglect or duty, or gross immorality, in
such manner as may be prescribed by general laws, and
unless so removed, they shall continue to discharge the
duties of their respective offices, until their successors
are elected, or appointed and qualified.
8. The Legislature, in cases not provided for in this
Constitution, shall prescribe by general laws, the terms terms of
of office, powers, duties and compensation of all public of
officers and agents, and the manner in which they shall
be elected, appointed and removed.
ARTICLE VIII
27. Each county shall be laid off into districts, not Districts.
less than three nor more than ten in number, and as
nearly equal as may be .in territory and population
381656
VIRGINIA
ARTICLE IX
County
Se?t c to 8 indict-
ment.
4. The Presidents of the County Courts, the Justices
^ t ^ ie P eace > Sheriffs, Prosecuting Attorneys, Clerks of
the Circuit and of the County Courts, and all other
county officers, shall be subject to indictment for mal-
feasance, misfeasance, or neglect of official duty, and on
conviction thereof, their offices shall become vacant.
I. I am inclined to the opinion that the words "all other county
officers," as used in this section, include members of boards of educa-
tion, although they are elected in districts. This is by no means
clear, however. This section is in force ex proprio vigore and needs
no additional legislation. Alfred Caldwell, Attorney-General.
ARTICLE X
Capitation
tax.
2. The Legislature shall levy an annual capitation tax
of one dollar upon each male inhabitant of the State
who has attained the age of twenty-one years, which
shall be annually appropriated to the support of Free
Schools. Persons afflicted with bodily infirmity may be
exempted from this tax.
S?atSre > to Jeg " ^ m ^ he P ower ^ taxation of the Legislature shall
levy. extend to provisions for the payment of the State debt,
and interest thereon, the support of free schools, and
the payment of the annual estimated expenses of the
State; but whenever any deficiency in the revenue shall
exist in any year, it shall, at the regular session thereof
held next after the deficiency occurs, levy a tax for the
ensuing year, sufficient with the other sources of income,
to meet such deficiency, as well as the estimated expenses
of such year.
noTto y exceed ' ^' County authorities shall never assess taxes, in any
etc. one year, the aggregate of which shall exceed ninety-
five cents per hundred dollars valuation, except for the
support of free schools; payment of indebtedness exist-
ing at the time of the adoption of this Constitution ; and
for the payment of any indebtedness with the interest
thereon, created under the succeeding section, unless
such assessment, with all questions involving the in-
crease of such aggregate, shall have been submitted to
the vote of the people of the county, and have received
three-fifths of all the votes cast for and against it.
See Brannon vs. County Court, 33 W. Va., p. 789, construing this
section.
SCHOOL LAW OF WEST VIRGINIA 5
8. No county, city, school district, or municipal cor-
poration, except in cases where such corporations have
already authorized their bonds to be issued, shall here-
after be allowed to become indebted, in any manner, or
for any purpose, to an amount, including existing in-
debtedness in the aggregate, exceeding five per centum
on the value of the taxable property therein to be ascer-
tained by the last assessment for State and county taxes,
previous to the incurring of such indebtedness ; nor with-
out, at the same time providing for the collection of a
direct annual tax, sufficient to pay, annually, the interest
on such debt, and the principal thereof, within, and not
exceeding thirty-four years; Provided, That no debt NO debt ex-
.,'. ,. ceptbyvote
shall be contracted under this section, unless all ques- of people.
tions connected with the same, shall have been first sub-
mitted to a vote of the people, and received three-fifths
of all the votes cast for and against the same.
ARTICLE XII
1. The Legislature shall provide by general law, for
a thorough and efficient system of Free Schools.
See 4 W. Va., p. 499.
2. The State Superintendent of Free Schools shall General
have a general supervision of free schools, and perform 8uper
such other duties in relation thereto as may be pre-
scribed by law. If in the performance of any such duty
imposed upon him by the Legislature, he shall incur any
expenses, he shall be reimbursed therefor; Provided,
The amount does not exceed five hundred dollars in any
one year.
3. The Legislature may provide for county superin- county super-
tendents, and such other officers as may be necessary to
carry out the objects of this Article, and define their
duties, powers and compensation.
4. The existing permanent and invested school fund, school fund.
and all money accruing to this State from forfeited, de-
linquent, waste and unappropriated lands; and from
lands heretofore sold for taxes and purchased by the
State of Virginia, if hereafter redeemed or sold fo others
than this State ; all grants, devises or bequests that may
be made to this State for the purposes of education or
where the purposes of such grants, " devises or bequests
are not specified; this State's just share of the literary
fund of Virginia, whether paid over or otherwise liqui-
dated; and any sums of money, stocks, or property,
which this State shall have the right to claim from the
State of Virginia for educational purposes ; the proceeds
6 SCHOOL LAW OF WEST VIRGINIA
of the estates of persons who may die without leaving a
will or heir, and of all escheated lands; the proceeds of
any taxes that may be levied on the revenues of any cor-
poration; all moneys that may be paid as an equivalent
for exemption from military duty; and such sums as
may., from time to time, be appropriated by the Legis-
lature for the purpose, shall be set apart as a separate
fund to be called the "School Fund," and invested un-
der such regulation as may be prescribed by law, in the
interest bearing securities of the United States, or of
this State, or if such interest bearing securities cannot
school Fund ebe obtained, then said "School Fund" shall be invested
in such other solvent interest bearing securities as shall
be approved by the Governor, Superintendent of Free
Schools, Auditor and Treasurer, who are hereby consti-
tuted the "Board of the School Fund," to manage the
same under such regulations as may be prescribed by
law; and the interest thereof shall be annually applied
to the support of Free Schools throughout the Sta.te,
and to no other purpose whatever. But any portion of
said interest remaining unexpended at the close of the
fiscal year shall be added to, and remain a part of, the
capital of the "School Fund"; Provided, That all taxes
which shall be received by the State upon delinquent
lands, except the taxes due to the State thereon, shall be
refunded to the county, or district by or for which the
same were levied.
gie ^' ^e Legislature shall provide for the support of free
schools, by appropriating thereto the interest of the
invested "School Fund," the net proceeds of all forfeit-
ures and fines accruing to this State under the laws
thereof; the State capitation tax; and by general taxa-
tion of persons and property, or otherwise. It shall also
provide for raising, in each county or district, by the
authority of the people thereof, such a proportion of
the amount required for the support of Free Schools
therein as shall be prescribed by general laws.
6. The school districts into which any county is now
divided shall continue until changed in pursuance of
law.
to e 7. All levies that may be laid by any county or clis-
cierkof trict for the purpose of free schools shall be reported
^td the Clerk of the County Court, and shall, under such
regulations as may be prescribed by law, be collected
by the Sheriff, or other collector, who shall make an-
nual settlement with the County Court; which settle-
ments shall be made a matter of record by the Clerk
thereof, in a book to be kept for that purpose.
SCHOOL LAW OF WEST VIRGINIA 7
8. White and colored persons shall not be taught in
the same school.
9. No person connected with the free school system school officers
of the State, or with any educational institution of any interested in
name or grade, under State control, shall be interested 8ale
in the sale, proceeds or profits of any book or other
thing used, or to be used therein, under such penalties
as may be prescribed by law; Provided, That nothing
herein shall be construed to apply to any work written
or thing invented by such person.
10. No independent Free School district, or organiza-
tion shall hereafter be created, except with the consent
of the school district or districts out of which the same
is to be created, expressed by a majority of the voters
voting on the question.
11. No appropriation shall hereafter be made to any
State Normal School, or branch thereof, except to those
already established, and in operation, or now chartered.
12. The Legislature shall foster and encourage moral, JjJ;}jJra tU e im
intellectual, scientific and agricultural improvement ; it provements.
shall, whenever it may be practicable, make suitable
provision for the blind, mute and insane, and for the
organization of such institutions of learning as the best
interests of general education in the State may demand.
SCHOOL LAW OF WEST VIRGINIA
THE SCHOOL LAW
CHAPTER XLV
Education
1. Every magisterial district in each of the counties
of the State shall be a school district, and the same shall
be divided into such number of sub-districts as may be
necessary for the convenience of the free schools
therein. The present districts and sub-districts shall
remain until changed in the manner prescribed by law.
ELection g of 2. A county superintendent of free schools in each
perintendent. county shall be elected by the voters thereof, at the
Ece - general election held on the Tuesday after the first Mon-
day in November, 1894, and every four years thereafter,
whose term of office shall commence on the first day of
July next after his election and continue for four years
and until his successor shall be elected and qualified ac-
cording to law.
Election of There shall also be elected at said election, in each
SmmiSion^ District of the county, by. the voters thereof, and every
office. Term off ur y ears thereafter, a president of the board of educa-
tion, whose term of office shall commence on the first
day of July next after his election, and continue for four
years, and until his successor is elected, and qualified
according to law. There shall also be elected at the
same time in each district in the county by the voters
thereof, one commissioner at the general election held
on the Tuesday after the first Monday in November,
1894, a successor to the commissioner elected in May,
1891, and every two years thereafter one commissioner,
whose term of office shall commence on the first day of
July next after their election, and continue for four
years, and until their successors are elected and qualified
according to law.
?atk>n4ho u " T ^ e saic * P res ident and commissioners shall constitute
constitute, the board of education in the district in which they are
elected. No person shall be eligible to more than one
office under the provisions of this chapter at the same
SCHOOL LAW OF WEST VIRGINIA
time. The county superintendent of free schools shall,
immediately upon receiving the certificate of election
from the commissioners of the county court, forward a
written notice thereof to the State Superintendent of
Free Schools.
In case of a tie in the vote for members of the board ^ote; how
of education, the county superintendent of free schools
shall give the casting vote; and in case of a tie in the
vote for a county superintendent of free schools, the
presidents of the several boards of education in the
county shall, at a meeting called for that purpose, at the
court house of the county, by the clerk of the county
court, not less than six nor more than twelve days after
the result of such election is ascertained, appoint one of
the persons receiving the highest number of votes for
said office, at the said election, as county superintendent
of free schools, who shall give notice as aforesaid to the
State Superintendent of his appointment. A notice of
such meeting shall be made out by the clerk of the
county court, and served upon each president of the
board of education in the county at least three days
before the day of such meeting, by the sheriff, or other
officer, to whom the same may be delivered to be served.
The ballots used at said election shall also have writ-
ten or printed thereon the words, "For school levy," or
"Against school levy," as the voter may choose, and the
boards of ballot commissioners in the several counties of
this State shall have printed at the bottom of each ticket
on the official ballot in separate lines the words ""For
school levy," and "Against school levy"; and upon the
application of the board of education of any district they
.shall also have printed on said ballots the words, "For increase in
- months school, ' ' and ' ' Against - months school, ' ' Lchooi term.
as provided in this chapter.
If a majority of the ballots cast upon the question of
laying the school levy in a district, have written or
printed thereon, "For school levy," it shall be the duty
of the board of education to make the levies required by
the 38th and 40th sections of this chapter, annually, for
the next four years; but if a majority of the ballots cast
in a district have written or printed thereon, "Against
school levy," no levy shall be made by said board for
the year next succeeding. But it shall be the duty of SBfi
said board to cause a special election to be held on theP ur p'oae;
Tuesday after the first Monday in November, next there- w
after, at which the question of levy, or no levy, shall in
like manner be again submitted to the people for their
decision, and if a majority of the ballots cast at such
10 SCHOOL LAW OF WEST VIRGINIA
special election be, ' ' For school levy, ' ' such levy shall be
made as hereinbefore required.
Secretary to Of every such special election the secretary of the
l v ction! ice f board of education of the district shall give notice, by
posting the same at each place of voting in the district
at least ten days before the day on which the same is to
be held. The election to be held on the third Tuesday
in May, 1893, for the purpose of electing county super-
intendents of free schools in the different counties of
this State, and members of the various boards of educa-
tion,, shall be held according to law; but their terms of
office shall expire as soon as their successors are elected
and qualified, at the election to be held on the first Tues-
day after the first Monday in November, 1894.
I. A person elected to any office, whether State, county or district,
must be a resident of the political division to which his powers and
duties are limited. (See Code, chap, vii, sec. 3.)
Special eiec- 2a. For the purpose of carrying out the provisions
tow for levy. of ^ ciio u two of chapter forty-five of the Code,
providing for school levies the board of education of any
school district, or any independent school district, in
this State, that failed to authorize a school levy, by a
popular vote at the general election held in one thousand
nine hundred and two, or that may hereafter fail to
authorize a school levy by a popular vote at any general
election, as provided in said chapter forty-five, shall, if
twenty or more voters of the district ask it in writing,
submit the question of laying a school levy to the voters
of the district at a special election to be held in such dis-
trict at such time as the board of education of the dis-
trict may designate. The secretary of the board of edu-
cation shall post notices of such special election at all
the voting places in the district at least ten days before
the day on which the election is to be held. If a majority
of the votes cast are "For School Levy" the board of
education shall lay the levies in the manner provided by
sections thirty-eight and forty of said chapter forty-five
of the Code.
Levy for It shall be the duty of the board of education to order
term ased a special election conducted in like manner to determine
the question when twenty or more of the voters of any
district or independent district ask in writing for more
than five months school in any year, involving an addi-
tional levy.
Commission- 3. Any person who may act as commissioner of any
er of election. e ] ec ti n, held under any of the provisions of this chap-
ter, who shall wilfully reject the vote of any person en-
titled to vote at said election, or receive the vote of any
SCHOOL LAW OF WEST VIRGINIA 11
person not so entitled, or who shall knowingly make
any false return of the result of any such election, or of
any poll held at any place of voting, shall be guilty of
a misdemeanor, and fined not less than fifty dollars, and
imprisoned not less than twenty days.
4. At the meeting of the district board of education, Trustees;
held on the first Monday in July, 1881, they shall ap- E P
point three intelligent and discreet persons, as trustees
for each sub-district in their district, one of whom shall
be appointed for one year, one for two years, and one
for three years; and the board of education shall there-
after annually appoint one trustee, who shall hold his
office for three years; and the said trustees shall hold
their respective offices until their successors are appoint-
ed and qualified.
5. Vacancies in the office of school trustee shall be vacancies,
filled by the board of education for the unexpired term ;
and in the board of education, by the county superin-
tendent of free schools, for the unexpired term.
II. The appointment of a person to fill a vacancy of president of
the board of education makes such person president of the board.
III. Vacancy in the office of county superintendent is filled by the
presidents of the boards of education.
IV. Section 3 of Article XII of the Constitution provides that the
Legislature may provide for county superintendents and other school
officers and defines their duties, powers and compensation. Section
5 of chapter 45 delegates to the county superintendent the power
to fill vacancies in the board of education for the unexpired term. I
do not think section 7 of Article IV of the Constitution or sections
8. 9 or 10 of chapter 4 of the Code control as to appointment of mem-
bers of boards of education. I am, therefore, of the opinion that
persons appointed by the county superintendent to fill vacancies in
the board of education hold for the unexpired term. T. S. Riley,
Attorney-General.
5a. Every school trustee, and every president and ^JJci/to
commissioner of the board of education elected within qualify,
this State shall, within ten days after his election has
been duly declared, qualify as such by taking and sub-
scribing, before some one duly authorized to admin-
ister oaths, within his county, the oath of office pre-
scribed by section five of article four of the Constitution,
which oath shall be filed with the secretary of the board
of education of his district.
V. I am clearly of the opinion that the time should be computed
from the time the officer elected has been notified, as prescribed
by the law, of his election by the Canvassing Board, or in other words,
within ten days from the time he receives, either by the hands of
the proper officers or by transmission by due course of mail, notice of
the result as ascertained by the Canvassing board, in our State by
the County Court. Romeo H. Freer, Attorney-General.
6. The boards of education of the several districts
shall hold their first meeting for each school year on the
first Monday in July. At this meeting they shall de-
12 SCHOOL LAW OF WEST VIRGINIA
termine the number of teachers that may be employed in
the several sub-districts, and fix the salaries that shall be
paid to the teachers. In determining the salaries, they
shall have regard to the grade of teachers' certificates,
fixing to each grade the salary that shall be paid to
teachers of said grades in the several sub-districts as fol-
lows : Teachers having certificates of the grade of num-
salaries, ber one shall be paid not less than tljirty dollars per
month ; those holding certificates of the grade of number
two, not less than twenty-five dollars per month; and
those holding certificates of the grade of number three,
not less than eighteen dollars per month. And the trus-
tees of the several sub-districts shall in no case trans-
cend or diminish the salaries so fixed in any contract
they may make with teachers. A quorum of the board of
education shall consist of a majority of the members
thereof and in the absence of the president, one of said
members may act as such; but they shall do no official
business except when assembled as a board, and by due
notice to all the members, except that the president and
secretary may sign orders upon the sheriff fot any sum
of money which may have been already ordered to be
paid. The members of the board of education shall each
receive, as compensation for his services the sum of one
dollar and fifty cents per day, to be paid in like manner
as the salary of the clerks of the board of education:
Provided, That no member shall receive pay for more
than seven days service in any one year; one day of
which shall be spent in attending a teachers' institute.
VI. Boards of education fix the term of school for the whole dis-
trict.
VII. If a sub-district for any cause fail to have a school in anj
year it can not have a longer term than the other schools of the
district in the following year.
VIII. If officers of town corporations also act as the school board
for the independent district, they are entitled to the same pay as
district school officers of the same grade : Provided,, they receive no
compensation from the town corporation for their services.
IX. Only one payment of $1.50 per day. for not exceeding seven days
can be made for services of any member of a board of education,
and the successor gets nothing if the predecessor received pay for the
seven days allowed. Alfred Caldwell, Attorney-General.
X. The board have the power to fix the salary to be paid teachers
as a class based upon the grade of the certificate they hold, but in
my opinion they can not require tae trustees to employ a teacher of a
certain grade. The trustees have the unquestioned right to employ
a teacher of any grade certificate which entitled him or her to teach,
and pay the salary fixed by the board for that grade. T. 8. Riley,
Attorney-General.
EdScatkm a ? The board of education of each district and inde-
corporation. pendent school district shall be a corporation by the
name of * ' The board of education of the district or inde-
SCHOOL LAW OF WEST VIRGINIA 13
pendent school district of , in the county of
' ', and as such may sue and be sued, plead and
be impleaded : and as such corporation, shall succeed and
be substituted to all the rights of the former township
and district boards of education ; and may prosecute and
maintain any and all suits and proceedings now pending
or which might have been brought and prosecuted in the
name of any such former board of education for the re-
covery of any money or property, or damage to any
property due to or vested in such former board.
The said board shall also be liable in its corporate ca- Property
pacity for all claims legally existing against the board of boards! 11
education of which it is successor. Said board shall re-
ceive, hold and dispose of according to the rules of law
and the intent of the instrument conferring title, any
gift, grant, devise or bequest, made for the use of any
free school or schools under their jurisdiction ; and with-
out any transfer or conveyance, shall be deemed the
owner of the real and personal property of their dis^
trict, and the property of the former township or dis-
trict for which their district was substituted.
Process and notice may be served on said corporations Process on
by delivering a copy thereof to the secretary, or any two served. h<
members of the board. And all suits or proceedings
now pending in any of the courts of the State, in the
name of the board of education of any district for any
demand or claim in favor of the board of education of
any township or district, are hereby made valid.
8. The board of education, at their first meeting after f^bo^rd !
their election, shall appoint a secretary, who shall not be education,
a member of the board, and who shall attend all meet-
ings of the board, and record their official proceedings
in a book kept for that purpose, which record shall be
attested by his signature and the signature of the presi-
dent of the board, and which shall, at all reasonable
times, be open to the inspection of any person interested
therein ; he shall have the care and custody of all papers
belonging to the board containing evidence of title, con-
tracts or obligations, or being otherwise valuable, and
preserve the same in his office, properly arranged for
reference, and shall record and keep on file in his office
such papers and documents as the board or the law may
direct.
He shall keep such accounts and prepare and certify Secretary;
such reports and writing pertaining to the business of re
the board, as the board or law may direct. He shall pub-
lish within three days after any meeting of the board of
education an abstract of the proceedings thereof, by
SCHOOL LAW OF WEST VIRGINIA
Board of
Education;
powers and
dutieis of.
Change in
sub-district.
posting the same at the front door of the place of meet-
ing. He shall within ten days after the annual levy is
laid certify to the county superintendent of free schools,
the total value of all property, real and personal, in his
district, with rate of levy, and amount thereof, keeping-
separate the rates and amounts of teachers' and building
funds ; and said superintendent shall within twenty days
certify the same to the State Superintendent of Free
Schools, using blanks therefor, furnished by said State
Superintendent. He shall also have authority to admin-
ister oaths to school officers in all cases where they are
required to take an oath as such.
For his services as secretary he shall receive such
compensation as the board may determine from year to
year, not to exceed fifteen dollars, to be paid out of the
building fund by an order drawn by the county superin-
tendent, when after an examination by said superinten-
dent of said secretary's books, they are found to be cor-
rect. But such order shall not be drawn until the sec-
retary shall have made his annual report to the county
superintendent as hereinafter provided, and be approved
by the said county superintendent. (See also Sec. 21.)
XI. Teachers ar schoel officers.
XII. The office of secretary of the board of education is held at the
will of the board. The secretary may be relieved at any time by the
board.
XII. The secretary's annual report cannot be completed before the
sheriff's settlement with the board of education. County superin-
tendents are forbidden by law to issue orders for the pay of secre-
taries until they present correct and complete reports.
XIV. The law does not specify who shall call the meetings of the
board. The board should adopt a rule upon this subject at its first
meeting in the school year, when all its members are present.
9. The boards of education shall have general control
and supervision of the schools and school interests of
their districts; they may determine the number and
location of the schools to be taught; change the bound-
aries of their sub-districts, and increase and diminish
the number thereof, having due regard for the school
houses already built, or sites procured, assigning, if
practicable, to each sub-district not less than forty
youths between the ages of six and twenty-one years;
Provided, That every village consisting of fifty inhabi-
tants or more, shall be included in one sub-district. And
provided, further, That no change in any sub-district
shall take effect, except immediately after the annual
apportionment of the general school fund. When such
village as is mentioned in this section is divided by dis-
trict or county lines, the said village shall be included
SCHOOL LAW OF WEST VIRGINIA 15
in the sub-district, to be under the supervision of the
board of education of the district to which the largest
division of its territory is attached, and said board shall
define and enter of record in the office of their secretary
the several district and sub-district lines.
Anv person aggrieved bv any decision of the board of Appeal to
11. n i -I e i T j. County Super-
education, changing the boundaries of a sub-distrnct, or intendent.
increasing or diminishing the number of the sub-dis-
tricts, in their district, under this section, may appeal
therefrom to the county superintendent of schools, and
have the same corrected, if erroneous. Every such per-
son shall present to the county superintendent his peti-
tion, signed by himself and at least five other residents
of the sub-district, stating the action of the board com-
plained of, and the grounds of appeal; and the county
superintendent shall thereupon fix a time and place for
the hearing of the appeal, and cause a notice thereof to
be served upon the president or the secretary of the board
of education, at least five days before the hearing. If
upon hearing the proofs and allegations of the parties,
the superintendent be of the opinion that the action of
the board complained of was illegal or improper, he
shall reverse or correct the same; otherwise the said
action shall be affirmed.
XV. Where the county court of a county changes the boundary
lines of a district or increases or diminishes the number of districts
after the annual levy has been laid for school purposes, and the sal-
aries of teachers fixed in the respective districts, and provides that
such change or changes shall take effect before the end of the school
year CJune 30), the schools and school officers should continue as if
no change had been made, making settlements, &c., until the close
of the year, when the changes ordered should be recognized.
XVI. The building of school houses is discretionary with the boards
of education. There is no power in any other court, body or person
to compel them to build a school house. Alfred Caldwcll, Attorney-
General.
XVII. The appeal to the county superintendent under this section
is limited to cases involving the changing of boundaries of a sub-dis-
trict, or increasing or diminishing the number of sub-districts.
10. The board of education shall cause to be kept in
T... j-i a . i i . -i Schools must
every sub-district of their district, by a teacher or be provided.
tcaclieis of competent ability, temperate habits and
good morals, a sufficient number of primary schools for
the instruction of the persons entitled to attend the same,
and should the trustees of any sub-district neglect or
fail to employ a teacher for their sub-district, upon
complaint thereof, it shall be the duty of the board of
education to do so.
The following persons when residing in a sub-district, Who mav at
with intent to make such sub-district their home, shall tend school,
have a right to attend and receive instruction at the
primary schools thereof, that is to say: Every youth
SCHOOL LAW OF WEST VIRGINIA
weeks; fines.
between the ages of six and twenty-one years, shall have
such right; and any other person wishing to receive
instruction at any free school in this State, shall have
a right, with the assent of the trustees, to attend such
school, and the teacher or teachers there employed shall
give instruction to such person the same as is required
wh 9 topay by law for other persons, upon the payment of tuition
tuition. jfgg^ no ^- excee( j one dollar and fifty cents per month
for each pupil, and upon such other terms as the trus-
tees of the sub-district may prescribe. Said tuition fees
shall be paid in advance to the sheriff, who shall give
his receipt therefor, and place the amount to the credit
of the teachers ' fund of said district.
children to i() a , Every person having under his control a child or
attend school .., ., > *i * -, , n
twenty children between the age 01 eight and fourteen years snail
cauge g^-fr child or children to attend some public school
for a period of twenty weeks yearly, beginning with the
beginning of the school term. For every neglect of such
duty the person offending shall be guilty of a misde-
meanor and shall, upon conviction thereof before any jus-
tice, be fined two dollars for the first offense and five dol-
lars for each subsequent offense, which fines shall be paid
into the building fund of the district in which said
offense occurs.
An offense, as understood in this act,, shall consist in
a failure to attend school for two days in any week, ex-
cept in cases of sickness or death in the pupil's family,
or the pupil be otherwise instructed for a like period of
time, or except for other reasonable excuse, provided
there be a school in session within two miles of the pupil 's
home by the nearest traveled road.
The board of education of every district or indepen-
dent district, at its first annual meeting or as soon there-
after as practicable, may appoint one or more truant
officers whose duty it shall be to enforce the provisions
of this act. Each officer so appointed shall use due dili-
gence to ascertain any violations of this law and when,
from personal knowledge or by report or complaint from
any resident or teacher of the district under his super-
vision, he believes that any child subject to the provisions
of this act is habitually absent from school, he shall im-
mediately give written notice to the parent, guardian or
custodian of such child that the attendance of such child
at school is required, and if, within five days, such parent,
guardian or custodian of said child does not comply with
the provisions of this section, then such truant officer
shall make complaint against such parent, guardian or
custodian before the nearest justice of the peace ;
An offense.
Truant
officers.
SCHOOL LAW OF WEST VIRGINIA 17
Provided, That only one notice shall be required for
any child in any one year.
Teachers in ungraded schools, and principals and sup- Teachers,
erintendents in graded and high schools, shall report to !p
truant officers all cases of violation of this act among ^.ta to
the enumerated youth of their sub-districts or indepen-
dent districts, and shall furnish any reports and informa-
tion necessary to a proper hearing of any case before a
justice of the peace, and all such teachers, principals or
superintendents, shall assist truant officers in every rea-
sonable way in carrying out the provisions of this act.
Justices shall remit to the sheriff at once all fines col- Unfitted b at
lected under the provisions of this act so that they may nce -
be credited to the building fund of the proper district
and every truant officer shall make to the sheriff an item-
ized statement, on the last day of the month, of all fines
imposed under his jurisdiction.
Said truant officers shall be paid monthly, at the rate compenaa-
of two dollars per day for the time actually spent in the ofle?L truan
discharge of their duties as such officers, but in no case
shall payment for any month 's services be made until the
truant officer has filed with the secretary of the board of
education a copy of his statement to the sheriff for that
month, together with a sworn statement of the number of
truancy cases investigated, and the time actually em-
ployed in such duties. When the truant officer has faith-
fully performed his duties and filed the statements re-
quired by this act, the board of education, if satisfied
the same is correct, shall order a warrant to be drawn
upon the sheriff for the amount of his month's salary to
be paid out of the building fund of the district.
All other acts or parts of acts coming within purview
of this act and inconsistent with it are hereby repealed.
XVIII. I am of the opinion that House Bill No. 133 (Compulsory
Law) is applicable to and enforceable in the Independent School Dis-
trict of Wheeling. Romeo H. Freer, Attorney-General.
XIX. A teacher has no authority to admit or exclude pupils from a
sdn.ol. whether from the same or another sub-district, without the
-consent and direction of the trustees of the school. This does not
refer to his right to suspend a pupil for disorderly conduct.
11. In the primary schools there shall be taught Branches to
orthography, reading, penmanship, arithmetic, English *
grammar, physiology, general, United States and State
history, general and State geography, single entry book-
keeping, civil government, and in addition thereto the
theory and art of teaching. It shall be the duty of the
State Superintendent to prescribe a manual and gradecT
course of primary instruction to be followed in the
country and village schools throughout the State, arrang-
18 SCHOOL LAW OF WEST VIRGINIA
ing the order in which the several branches shall be
taken up and studied, and the time to be devoted to
them, respectively, with provisions for advancement
from class to class, also for the examination and gradua-
tion of all pupils who satisfactorily complete the pre-
scribed course.
XX. The Theory and Art of Teaching as enumerated in Section 11,
is not to be understood as being one of the branches required to be
taught in the primary schools, but teachers are required to pass an
examination in the same, See Section 29, as they are in all branches
required to be taught under the provisions of this section.
XXI. Trustees should be very careful not to interfere unnecessarily
with a teacher in relation to matters pertaining to the conduct and
government of his school. I do not think a teacher should be com-
pelled to give instruction to pupils * * in all branches prescribed
by law without reference to proper grade. Alfred Caldicell, Attorney-
General.
XXII. It is the official duty of the county superintendent to see
that the graded course of study ror country and village schools is
thouroughly introduced into the said schools of his county. But it_ is
not the county superintendent alone upon whom this responsibility
rests. The law makes it the duty of members and secretaries of
boards of education and of trustees and teachers as well, to perform
their whole duty, seeing to it that the course of study, with grading
according to accompanying plan, shall be fully introduced into every
country and village school in the State.
Nature and n a . i. That the nature of alcoholis drinks and nar-
effect of alco- . n .,.. . n
noiic drinks cotics, and special instruction as to their effects upon the
taught. 6 human system, in connection with the several divisions
of the subject of physiology and hygiene, shall be in-
cluded in the branches of study taught in the common or
public schools, and shall be taught as thoroughly and in
the same manner as other like required branches are in
said schools, and to all pupils in all said schools through-
out the State.
Fine for fail- II. It shall be the duty of the proper officer in control
teach. Q any gchooi described in the foregoing section to en-
force the provisions of this act; and any such officer,
school director, committee, superintendent or teacher who
shall refuse or neglect to comply with the requirements
of this act, or shall neglect or fail to make proper pro-
visions for the instruction required and in the manner
specified by the first section of this act, for all pupils in
each and every sshool under his jurisdiction, shall be re-
moved from office, and the vacancy filled as in other
cases.
Teachers to III. No certificate shall be granted to any person to
a teach in the public schools of the State, after the first of
January, anno domini, eighteen hundred and eighty-nine,
who has not passed a satisfactory examination in physi-
ology and hygiene, with special reference to the nature
and the effect of alcoholic drinks and narcotics upon
the human system.
SCHOOL LAW OF WEST VIRGINIA 19
12. The trustees shall be under the supervision and
control of the board of education, and in all cases the of the board.
action of the trustees shall be subject to the revision
and correction of the board of education, on the motion
of any member thereof, or upon the complaint in writ-
ing of any three tax-payers of their sub-district.
Whenever it shall happen that the persons authorized Transfer of
to attend school are so situated as to be better accommo- P u P lle -
dated at the primary school of an adjoining sub-district,
whether in the same or in an adjoining district or county,
or whenever it may be necessary, to establish a school
composed of pupils from parts of two sub-districts,
whether in the same or in an adjoining district or county,
it shall be the duty of the trustees of the sub-districts
interested to transfer such persons for school purposes
to the sub-district in which such school house is, or may
be, situated ; but the enumeration of youth shall be taken
in each sub-district as if no transfer had been made, and
the trustees of the sub-district in which the school is sit-
uated shall have the management of such school.
But in all cases of transfer of pupils from one district Tuition.
to another, the board of education of the district from
which the transfer is made shall pay to the board of
education of the district in which the school is carried
on, such proportion of the cost of said school, as the
scholars so transferred bear to the whole number of
scholars taught in such school.
XXIII. "This section was not intended nor does it authorize trus-
tees to transfer pupils from a sub-district to an independent school
district." Alfred Caldwell, Attorney-General.
XXIV. The cost of the tuition of the transferred pupils should be
estimated from the time the transfer takes effect until it expires or
the pupils are withdrawn.
XXV. No transfer is complete until the trustees of the sub-district
to which transfers have been made have agreed to accept the pupils.
XXVI. When pupils are transferred to an adjoining sub-district in
another district it is the duty of the trustees making the transfers,
although they are not required to do so by statute, to notify their
board of education of all transfers made by them, and the said board
of education is required by this 'Section to pay to the board of educa-
tion of the district to which the pupils have been transferred such
proportion of the cost of said school or schools as the pupils so trans-
ferred bear to the whole number of pupils taught in said schools dur-
ing the time of the transfers.
13. The trustees of every sub-district shall have charge Trustees to
of the schools therein and shall meet at the school house
of their sub-district on the third Monday in July of every
year, or as soon thereafter as practicable and appoint
a teacher or teachers, for the coming session of their
school, and in such appointment at least two of the trus-
tees who are the trustees for the ensuing year, shall con-
cur, and such appointment shall be in writing in the form
20
SCHOOL LAW OF WEST VIRGINIA
Form of
contract.
Relationship
exclusion.
of a contract according to the form furnished by the
State Superintendent of Free Schools and said form shall
state that the trustees whose signatures are affixed there-
to, met together as herein required, and said contract shall
be filed with the Secretary of the board before the be-
ginning of the term for which said teacher is employed.
Provided, That no trustee of any sub-district shall
participate in contracting with or appointing any person
as teacher of their school to whom he sustains the rela-
tion of father, father-in-law, brother, brother-in-law,
uncle, cousin, grandfather, sister, niece or nephew, and
if the appointment of any teacher be otherwise than at
a meeting herein authorized or if the appointment be
within the degrees of relationship herein specified, the
board of education shall declare such contract illegal, if
the declaration be made by the board before the time
mentioned in the contract for the beginning of the school
term. Any teacher so appointed may be removed by the
trustees or by the board of education for incompetency,
neglect of duty, intemperance, profanity, cruelty or im-
morality. The trustees shall exclude from any school
under their charge any person having a contagious or in-
fectious disease, and they may suspend or expel any
scholar found guilty of any disorderly, refractory, inde-
cent or immoral conduct, and may refuse to admit such
scholar again to the school until satisfied that he will
properly conduct himself thereafter. But the trustees
shall take no action or proceeding relating to the removal
of teachers or the suspension or expulsion of any scholar
from school unless at a meeting of which the trustees
have all had notice, and when at least two of their num-
ber shall be present and concur in such action or proceed-
ing, and their action in each particular shall be subject
to the revision and correction of the board of education
upon complaint in writing of a majority of the patrons
of the school, residing within the sub-district in which
such action has been taken. Any trustee may, for good
cause shown be removed from office by the board of edu-
cation upon five days notice in writing, of the cause
alleged for his removal, and of the time and place th<
board will take action thereon. Whenever at the end of
any school month the 'daily average attendance for that
alleged for his removal, and of the time and place the
whole number of pupils enumerated in the sub-district,
the trustees may dismiss the teacher and discontinue the
school, unless otherwise directed by the board of educa-
tion ; and no high school shall Be continued if at the end
of any school month, it has not had an average daily at-
SCHOOL LAW OF WEST VIRGINIA 21
aiuv of twenty-five scholars. And it is further ex-
pressly provided, that should any trustee of any sub-
district or a member of the board of education receive
any money or other thing of value for his aid, assistance
or vote in securing to any teacher a school or employment
in an}* district or independent school district in the State,
in which said trustee or member of the board of educa-
tion is authorized by law to act, shall be guilty of a felony
and upon conviction thereof shall be punished by con-
finement in the penitentiary of this State not less than
one nor more than three years.
XXVII. Neither boards of education nor trustees have authority to
employ a person to teach in the free schools of this State unless such
person presents a certificate in duplicate still in force of his qualifica-
tion to teach a school of the grade for which he applies. Teachers
employed as substitutes should hold same grade of certificate as those
whose places they fill.
XXVIII. A teacher has the right to punish pupils placed under his
charge for infractions of the rules governing the school. But like the
parent who has the right to enforce obedience, he is answerable for
the abuse of the trust.
XXIX. The trustees of a school have authority to contract with a
teacher for the length of time and the price per month prescribed by
the board of education, and the board must provide for its payment.
XXX. The law prohibiting trustees from employing teachers for
their schools to whom they sustain certain specified relationship, has
been construed by this office to refer only to "first cousins," and the
connection must be by blood, and not by marriage. Romeo H. Freer,
Attorney-General.
14. The trustees shall visit every school under their
charge within two weeks after the opening, and again
within two weeks before the close thereof, and at such
other times as in their opinion may be useful to do so.
During such visits, they shall inspect the register of
every teacher and see whether it has been properly kept,
and ascertain whether the scholars have supplied them-
selves with books and other things requisite for their
studies, whether the school house and grounds, furni-
ture, apparatus and library are kept in good order;
whether anything injurious to the health is suf-
fered, to remain about the house or grounds, and
whether the school house is well ventilated and
kept comfortable, as the season may require; and where
it is necessary, provide and promptly apply the proper
remedy.
They .shall also during such visits make such examina-
tion and enquiry as they may deem useful respecting the
studies, discipline and general condition of the school,
and the conduct and proficiency of the scholars, and give
such directions or make such suggestions to the teachers,
as in their opinion, will promote the interest of the school,
and the health, morals and progress of the scholars.
22 SCHOOL LAW OF WEST VIRGINIA
XXXI. The duty of visiting the schools is made obligatory upon
the trustees, and they should faithfully comply with the law in this-
matter.
XXXII. The leading object of the trustees on this, their first visit.
should be the examination of the sanitary condition of the school
building and out-houses. The health of both teachers and pupils" de-
pend upon healthful surroundings.
shall cause the school houses under their
charge and everything pertaining thereto, to be kept in
good order and repair, and for this purpose it shall,
among other things, be their duty to cause proper suits
and prosecutions to be instituted, in the name, of the
board of education of the district or otherwise, against
every person who shall injure or destroy any school
property of which the said trustees have charge; and
they shall not, without the permission of the district
Trustees may board of education, allow said school houses to be used
house to h be 01 ^ or an ^ ther purpose whatever, except for the purpose
u^ed^for ^ of holding religious or literary meetings and Sunday
p e oses in ] schools, equally by the various religious denominations
that may apply for the same, and further for such other
meetings as may be considered beneficial to the public
generally under such regulations as to the care thereof
as may be prescribed by them: Provided, That such
meetings shall not interfere with the public schools.
The trustees shall furnish to the board of education
estimates of all improvements necessary to the preserva-
tion or repair of buildings, grounds and furniture under
their charge.
XXXIII. The trustees of a school may allow religious exercises held
in their school house. They may prescribe conditions, etc. They may
refuse to allow the school house to be used for this purpose. In
either case, on motion of any member of the board of education, or
the petition in writing of three tax-payers of the sub-district, the
action of the trustees may be reviewed and reversed or affirmed. The
county superintendent has no authority in the matter.
XXXIV. "Debating societies." teachers' meetings, school exhibitions
and spelling-schools, together with any other meetings, having for
their object the advancement of the school interests of the sub-dis-
trict, and being of a literary character, if conducted in a respectable
manner, come within the meaning of the words "literary meetings."
as used in the fifteenth section of the school law.
XXXV. If the trustees of a school refuse the use of a school house
for religious purposes, an appeal may be taken to the board of educa-
tion. The decision of the board is final, either for or against. Tiiey
may absolutely exclude all denominations from the school house.
XXXVI. Religious and literary societies and teachers of select
schools, may be required to give security for the protection of school
property where trustees are asked to allow the school house to be used
for the meetings of such societies. The use of public school property
for such purposes is a privilege, not a right.
XXXVII. I think that the trustees, with the consent of the board
of education, can allow the school house to be used for the purpose
of holding a select school ; provided it does not interfere with the
public school. I am also of the opinion that the action of the trus-
tees in either refusing or granting the use of a school house for the
purposes above mentioned may be reviewed by the board of educa-
tion of the district. The party so occupying the school house may be
required to give security for the proper care and use of the building.
T, S. Riley, Attorney-General.
SCHOOL LAW OF WEST VIRGINIA 23
15a. '[Section 19, chapter 14a code, chapter 13, Acts
1887.] If a person willfully interrupt, molest or disturb c r h ;JoT urbing
any free school, or other school, literary society or
any other society formed for intellectual, social or
moral improvement, organized or carried on under or
in pursuance of the laws of this State, or any Sunday
school, or other school, or school exhibition, or any
society lawfully carried on, he shall be guilty of a mis-
demeanor, and fined not less than fen nor more than
fifty dollars, or at the discretion of the court, be con-
fined in the jail of the county not more than thirty days,
in addition to said fine.
15&. If any person shall willfully disturb, molest, or
interrupt any literary society, school, or society formed
for intellectual improvement or any other school or
society organized under the laws of this State, or any
school, society, or meeting formed or convened for im-
provement in music, either vocal or instrumental, or
for any moral and social amusement, the person so
offending shall be deemed guilty of a misdemeanor, and
on conviction thereof, shall be fined not less than five
dollars, and may be imprisoned in the countj r jail not
exceeding ten days.
16. The trustees of each sub-district shall keep exact Trustees must
account of all necessary expenses incurred by them in account of
the performance of their duties, and render to tlie sec- e>
retary of the board of education, at or before their last
meeting for the current school year, written accounts.
by items, of all such expenses, which, if the board find
correct, they shall pay by an order to the sheriff, drawn
on the building fund of the district, signed by the sec-
retary and president.
The trustees of any sub-district may purchase fuel,
water buckets, brooms, coal hods, shovels, pokers, stove
pipes, crayons, erasers and dippers, for the use in school tain repars.
rooms. They may make sucfr repairs in windows,
doors, benches, desks, floors, walls, ceilings and roofs
as will render the house comfortable. For such pur-
chase or repairs they shall render to the secretary of
the board of education an account, which, if the board
find correct, they shall pay out of the building fund of
the district.
No one trustee shall, by himself, have any power to
perform any duty required by law of the trustees, who
shall meet at a time and place fixecl by two of their
number, the other having had reasonable notice of such
meeting, and two of the trustees shall constitute a quo- Record of
rum, and they shall keep a record of their acts and pro- meeting.
24 SCHOOL LAW OF WEST VIRGINIA
ceedings in a book to be furnished them by the board
of education for that purpose, such book to be turned
over by them to their successors in office.
XXXVIII. While trustees are appointed l>y the "board of education,
their powers are prescribed and their duties imposed by law ; and oy
section 12 of chapter 45, of the Code, the actions of such trustees are
subject to the revision and correction of the board of education on
proper motion or complaint made ; yet no power is given the board
to interefere with or prevent a proper discharge by the trustees, of
the duties imposed upon them as such, by law.
By section 16 of chapter 45 of the Code, it is provided, among
other things, that "the trustees of any sub-district may purchase fuel,
water buckets, brooms, coal hods, shovels, pokers, stove-pipes and
dippers for use in school rooms. * * * For such purchases they shall
render to the secretary of the board of education an account which,
if the board find correct, they shall pay out of the building fund of
the district."
If then the board, upon examination or revisal, find the account
correct, they cannot alter, amend or repudiate it : but in the lan-
guage of the law, they shall pay it out of the building fund of the
district. G. C. Watts, Attorney-General.
17. White and colored persons shall not be taught in
Sme8choof d the same scn o1 but to afford to colored children the bene-
fits of a free school education, it shall be the duties of
trustees of every sub-district to establish therein, one or
more primary schools, for colored persons between the
ages of six and twenty-one years, and said trustees or
board of education shall establish such school whenever
there are at least ten colored persons of scKool age resid-
ing therein and for a less number, when it is possible to
do so.
TWO or more The trustees of two or more sub-districts whether in
may d /oinTn 8 the same or adjoining districts or counties, may, by agree-
cSored hing ment with each other, join in establishing a primary
schools. school for colored children residing in said sub-clistrict,
and such schools so established, shall be subject to the
same regulations as are provided for the school for white
children, in section twelve of this chapter.
All other acts and parts of acts coming within the
purview of this Act and inconsistent therewith are hereby
repealed.
XXXIX. "When a school has been established for colored pupils un-
der section 17, it must be kept open and continued as long as the
schools for whites in the same district. The colored children, after
the school is established under that section, are entitled of right to
the same apparatus, necessary furniture, and school appliances as
well as the same length of school term as the whites in schools of
like grade, no matter how little or how great the taxes collected from
the colored people of the district may be. There is nothing in the
18th section to affect this view. The 18th section deals with another
case entirely and cannot affect in any way a sub-district where a
colored school is established in accordance with law. Alfred Cald-
icell, Attorney-General.
Division of 18. Whenever, in any school district, the benefit of a
efit^Voire<i f ree school education is not secured to the colored chil-
chiidren. dren re siding therein, in the manner mentioned in the
preceding section, the fund applicable to the support of
SCHOOL LAW OF WEST VIRGINIA 25
free schools in such sub-district, whether received from
the State or local taxation, shall be divided by the board
of education in the proportion which the number of
colored children bears to the number of white children
tnerein, according to the latest enumeration made for
school purposes; and the share of the former shall be "
set apart for the education of colored persons of the
proper age, residing in such sub-district, or district, and
be applied for that purpose from time to time in such
way as the board of education of the district may deem
best. Any board of education failing to comply with
this section may be compelled to do so by the circuit
court of the county, by mandamus.
19. The board of education of each district and inde-
pendent school district shall require the teacher or
teachers in each sub-district or independent school dis-
trict, annually, before the close of the school or schools,
not later than the first day of April, to make an enum-
eration of all the youths resident in such sub-district or
independent school district, who shall be over six years
and under twenty-one years old, on the first day of July
following-, distinguishing between male and female, white
and colored.
The enumeration shall be taken in two classes as fol-
lows: One class shall contain all youths between the
ages of six and sixteen years, and the other, youths be-
tween sixteen and twenty-one years respectively. The
enumeration shall be verified by the affidavit of the
teacher who took the same, before some person quali-
fied to administer oaths, to the effect that he used all
means in his power to make it, and believes it to be
correct, and shall return such enumeration to 'the secre- Enumeration .
tary of the board of education of the district with the p1? n u aity?or 0n
term report of such school, or not later than the first not tafein &-
day of April; and unless such enumeration be properly
taken and returned, the teacher shall not be entitled to
demand payment of the balance due on his salary, or so
much thereof as shall be necessary to defray the ex-
penses of the enumeration as herein provided.
No teacher in this State shall be required to serve on Teachers ex-
any jury, nor to work on the roads, while his school is certain
in actual operation. duties.
The secretary of the board of education shall keep a Enumeration;
record in his office of the enumeration of youth so taken, kSp e record
and shall annually, on or before the fifteenth day of of -
April transmit a certified copy of such enumeration to
the county superintendent of his county. When such
enumeration for any district or sub-district shall not be
26
SCHOOL LAW OF "WEST VIRGINIA
received by the county superintendent before the twen-
tieth day of April in any year, it shall be his duty, with-
out delay, to employ a competent person to take and
verify the same as aforesaid. ' The person taking and
verifying such enumeration shall be paid a reasonable
compensation, to be allowed by the board of education,
not to exceed two dollars per day for the time necessa-
rily consumed, and paid by an order of said board,
signed by the president and secretary, out of the build-
ing fund of such district.
Superintend- I* 1 either case the county superintendent as soon as he
ent to report, receives the enumeration for any district or independent
school district, and not later than the first day of May,
shall forward to the State Superintendent of Free
Schools a statement of the number of youths of school
age therein. The State Superintendent of Free Schools
shall prescribe and furnish all blanks to be used for
taking the enumeration of youth.
XL. A correct enumeration of the school youth is one of the most
important matters connected with the school work of the State, for
It is the basis upon which the general school fund of the State
is apportioned. The secretary should carefully examine the enumera-
tion report from every sub-district and satisfy himself of its accuracy.
XLI. The secretary of the board is authorized to administer oaths
to teachers as to the correctness of their reports of enumeration.
See Section 8.
Trustees'
report.
Secretary's
report.
20. The trustees of each sub-district shall make a
report to the secretary of the board of education of their
district, at or before their last meeting in each school
year, setting forth in reference to their sub-district, the
following particulars; that is to say: The condition of
school houses under their charge; the value and kind of
apparatus; the number of volumes in school libraries
and their value, with such explanations, remarks and
additional information as the said trustees may deem
useful, or as the blanks furnished by the State Superin-
tendent of Free Schools may require. They shall also
report the same particulars in relation to any schools
under their charge for colored persons.
XLII. Trustees should make their annual report as prescribed in
form No. 9, at the close of the year (June 30) whether the school
closed then or not.
21. The secretary of the board of education to whom
the report of the trustees shall have been made, as
provided in the twentieth section, shall revise the
said reports, and if they be found erroneous or de-
fective, may return them for correction. From the cor-
rected report and the teachers' registers, provided for
in the thirtieth section of this chapter, and such other
SCHOOL LAW OP WEST VIRGINIA 27
authentic information as he may be able to obtain, he
shall make a report to the county superintendent on or
before the twentieth day of July, annually, in tabular
form, by sub-districts, embracing each particular re-
ported to him by the said trustees' reports and teachers'
registers, and showing the aggregate or average of each,
as the case may require, for his district.
And he shall further report to the county superintend-
ent on or before the twentieth day of July, annually, the
following additional particulars in reference to his dis-
trict, for the year ending on the preceding thirtieth day
of June, that is to say : The rate and amount of the tax
levied for the teachers' fund and the building fund re-
spectively; the amount of such taxes collected and
placed to the credit of each "of these funds; the amount
received from the State ftfr the teachers' fund; the
amount of the balance in the treasury at the beginning
of the school year for each fund ; the amount of receipts
from all other sources placed to the credit of each fund ;
the amount expended for the pay of teachers, male and
female, white and colored, respectively; the amount of
commission paid to the sheriff or collector; the amount
of the delinquent list returned by said collector; the
amount of the balance in hand at the close of the school
year for each fund; the amount expended for the pur-
chase of sites for school houses, and for the construction
and furnishing of the same; and for the rent, hire and
repair of such property; the amount expended for
such furniture, for apparatus, for interest, for the enu-
meration of youth, and for contingencies; also, the num-
ber of volumes in school libraries and their value; total
receipts, total expenditures, with such explanations,
remarks and additional information as he may deem
proper, or as the blanks furnished by the State Super-
intendent may require. He shall also, in like manner,
report all particulars, pertaining to any colored school
or schools in his district, including the number taught
therein, and for what length of time.
For this report the secretary shall be allowed out of Secretary's
,, , ., ,. i . -,-ff i i remuneration
the building fund, in addition to his salary as secretary, for making
ten dollars ; but the board of education shall in no case re
order this sum to be paid until the county superintendent
has certified to them that the said report has been made,
and that it is correct and complete, an5 made within the
time specified in this section.
XLIII. In the case of summer schools where a part of the term is
finished in one year and a part in the next, the financial condition
of the district must be reported, just as it is, without regard to what
may or may not be contracted for. In the estimate for the levy the
28
SCHOOL LAW OP WEST VIRGINIA
amount of partially executed contracts and the balance on hand to
pay them must be considered. The statistical report of such schools
should be made in the year in which they close.
XLIV. The secretary's annual report cannot be completed before the
sheriff's settlement with the board of education. County superin-
tendents must not issue orders for the pay of secretaries until they
present correct and complete reports. The law provides this in de-
claratory terms.
XLV. Chapter 29, s. 67 Code, requires the secretary of every school
district and independent school district through which a railroad runs
in each county, within thirty days after the levy is laid for free
school and building purposes, or either, to certify to the auditor the
amount so levied, etc.
in teSden"S er ' 22 - The county superintendent shall receive and revise
report. the reports made to him as aforesaid, and see that they
are in proper form and according to intent of law; and
when deficiencies or errors are found to exist, shall re-
turn them for correction. From these reports and such
other authentic information as he can obtain, he shall
make report to the State Superintendent of Free
Schools, on or before the first day of August, annually,
or as soon thereafter as possible, setting forth in refer-
ence to each district of his county, for the year ending
on the preceding thirtieth day of June, the several par-
ticulars mentioned in the twentieth and twenty-first
sections, with the proper aggregate or average of each
for the county; and shall make the apportionment, and
report such apportionment to the auditor, and also re-
port whether the districts have made the levy for school
purposes required by this chapter.
XLVI. The report of the county superintendent should be made not
later than the first day of August, as prescribed by law. that the State
Superintendent may complete his annual report, which he should have
compiled for the Governor not later than the first day of October.
XLVII. The apportionment of the General School Fund, made by
the county superintendent, should be reported to the State Superin-
tendent, as well as to the auditor.
School year. 23. The school year shall commence on the first day
of July, and close on the thirtieth day of June, and all
reports, accounts and settlements respecting the free
schools of this State shall be made with reference to the
school year.
XLVIII. If any school opens after the first day of April, (the time
required for the enumeration to be returned by the teacher), if the
teacher so opening the school has not taken the enumeration and
returned it, it is the duty of the county superintendent to employ
some one, as the law directs, to take the enumeration of that sub-
district. The pay to such person would not be properly deducted
from the teacher's salary, who opened the school after the time re-
quired for the enumeration to be returned.
XLIX. If a school opens so near the close of the school year that
by continuing in session all the school days to the end of the year
the term will not be finished before the year closes, the remaining
time, under the contract may be completed in the new year. (In this
case the school should be reported in the new year.) If the school
open in ample time to finish before the close of the year, but sus-
pends before the term is out, the time cannot be added to the next
year's term.
SCHOOL LAW OF WEST VIRGINIA 29
L. The school law contemplates that the financial affairs shall be
closed up at the end of each year.
24. When the board of education of any district deem Jjjjf[{|,^ f hool:
it expedient to establish a high school, they shall submit establishing
the question to the voters of the district on the day and 8a
month of election named in section two of this chapter,
of any year, in the manner following, that is to say : The
board shall prepare and sign a notice setting forth the
kind of school proposed : the place where it is to be
located: the estimated expense of establishing the same,
including cost of site, building, furniture, books and
apparatus and the estimated annual expense of support-
ing the school after it is in operation, with such other
information concerning it as they may deem proper;
and stating that the question of authorizing the estab-
lishment of such school will be submitted to the voters
of the district, at the election specified in the notice,
which they shall cause to be posted four weeks before
the election in at least three of the most public places
in the district. A poll shall thereupon be taken upon
the said question, at the election specified in the notice,
and the result ascertained in like manner as is prescribed
in section two of this chapter. The ballots used in
voting on the question shall have written or printed
thereon the words, "For the high school," or "Against
the high school." If it appear by the result of said poll
that not less than three-fifths of the voters who voted
on the question are in favor of authorizing the establish-
ment of said school, the board of education may then
proceed to obtain the site and provide proper buildings,
fixtures and improvements, and procure necessary furni-
ture, books and apparatus for the said school, to sup-
port the same after it is put in operation ; for which pur-
pose the board may annually levy an additional tax on Additional
the property taxable in their district, not to exceed in hTg'h Schools,
any one year thirty cents on every one hundred dollars
valuation thereof, according to the latest assessment for
State and county taxation. The said school shall be
under the care and direction of the board of education
of the district in which it is established.
LI. The maximum rate of levy is 50 cents on the one hundred dol-
lars, for country and village schools except as provided in section
40, but for the support of high schools established in accordance
with the provisions of this section, there may be an additional levy
of 30 cents on the one hundred dollars, thus making the maximum
rate for the support of these schools 80 cents on the one hundred
dollars, and the power to levy to this extent is granted to the board
by the vote of the people when the high school is established.
30
SCHOOL LAW OF WEST VIRGINIA
High school
may be
established
by two or
more
districts.
Directors of
joint high
school.
Care and
dlrectioa of
joint school.
Director s
report.
25. In like manner, if the boards of education of two
or more districts, whether in the same or different coun-
ties, deem it expedient to jointly establish and support
a high school, they may submit the question of author-
izing the same to the voters of their districts, sepa-
rately, and in the manner prescribed in section twenty-
four of this chapter, specifying in the notice the amount
or proportion of the expense which each district is to
contribute ; and if authorized by not less than three-fifths
of the voters voting on the question in each district,
may proceed jointly to establish and support the said
school; and for that purpose the said boards may annu-
ally levy a tax on the property taxable in their respec-
tive 'districts, not to exceed in any one year the rate of
thirty cents on every one hundred dollars valuation
thereof.
The said school shall be under the care and direc-
tion of directors, to be selected and removed from time
to time in such manner as the boards of education con-
cerned may agree upon, or when there is no such agree-
ment, under the care and direction of the board of
education of the district in which the school house is
situated, and the boards of education concerned shall
from time to time prescribe such regulations as they
may deem necessary respecting the school.
26. The board of directors who have the care and
direction of the said school shall appoint, and may re-
move the teachers, shall fix their salaries; prescribe the
branches of learning to be taught; the time the school
shall be kept open; the ages and qualifications of the
scholars to be admitted, admit scholars from non-con-
tributing districts on such terms of tuition as they may
deem proper; expel or suspend scholars when necessary;
ascertain and certify the expenses of the school, of
which they shall cause exact accounts to be kept; and
prsscribe all needful regulations respecting the school,
subject, nevertheless, to any regulations respecting the
same that may be prescribed pursuant to the preceding
section.
They shall annually report through their secretary on
or before the twentieth day of July, to the superintend-
ent of free schools for the county in which the school
house is situated, such particulars respecting the
schools as the State Superintendent of Free Schools
may require; and the county superintendent shall trans-
mit the report, with such remarks and additional infor-
mation as he deems proper, to the State Superintend-
ent.
SCHOOL LAW OF WEST VIRGINIA 31
The boards of education of any district may also
establish graded schools in towns, villages and densely
populated neighborhoods of their respective districts,
employ teachers therefor, and make such special regu-
lations as may be necessary to conduct them. But in
every such case involving additional taxation, the mat-
ter shall be first submitted to a vote of the people and
their consent obtained, as is prescribed in section twenty-
four in case of a high school ; Provided, That no addi-
tional levy for a graded school shall exceed in any one
year fifteen cents on every hundred dollars valuation.
Provided, further, When any sub-district having graded
schools, desires a longer term of school than four months, schools.
it shall be the duty of the board of education on the pe-
tition of the taxpayers of such sub-district to submit the
question to the voters of said sub-district, at such tini3
and place as they may fix, by posting notices ten days
before said election, setting forth the number of months
the said school shall be run, including the State Fund
and their proper share of any district levy that may be
levied in the districts for the support of the schools of
said districts.
It shall be the duty of the assessor, with the assistance Asses ^oj
of the secretary of the board of education, to furnish iTst 8 of proper-
such board a list of the property, both real and personal, ty *
assessed by him in said sub-district, for State and county
purposes. And the said board of education may pro-
vide for the extending of the said tax, and provide for
the collection of the same, under such rules and regula-
tions as they may provide, and use the fund thus col-
lected for the running of such graded schools.
LII. I am of the opinion that under chapter 45, section 26, of the
Code, the board of education of a district can not declare all the
schools in their district, graded schools, and refuse to appoint trus-
tees, etc., as required by law.
If a board of education employs the teachers in their district
under the conditions heretofore mentioned, the contracts with such
teachers are illegal, and, in my opinion, cannot be enforced. Romeo
H. Freer, Attorney -General.
LIII. "No vote o^. the people is necessary as a condition prece-
dent to the establishing of a graded school in a district in case such
school does not increase the levy over the fifty cent limit named im
section 40. The vote to authorize any levy must be taken as re-
quired by section 2. Section 26 specifically requires a vote where the
cost involves a levy in excess of such fifty cents. I find no authority
for continuing a graded school any longer period than other schools of
a district." Alfred Caldwell, Attorney-General.
LIV. The number of tax-payers who are to petition for more
than five months school in a sub-district is left to the discretion of
the board. There should be a sufllcient number on the petition to
indicate that the desire was seriously entertained and entitled to re-
spect.
LV. The vote should be taken not later than the 10th of May, so
that if the increased rate of levy is authorized, the assessor may
have the necessary time in whick to extend same on his books. The
32 SCHOOL LAW OF WEST VIRGINIA
rate of levy being 50 cents on the one hundred dollars, the increase
to be voted upon can not exceed fifteen cents additional, making the
maximum levy for the support of a graded school 65 cents on the
one hundred dollars.
LVI. "The board should have the sheriff collect the taxes for the
graded school. They should enter an order authorizing him to col-
lect. It would not be best to order the collection by any one else.
Alfred CaldwelL Attorney -General.
Kindergarten " That ^ ne board of education of any school dis-
schooist trict, in which there is a city, town or village, of one thou-
sand population or more, may establish in connection
with the schools of such district a kindergarten, to which
may be admitted children between the ages of four and
six years, under such regulations as may be prescribed
by law for the admission of youth to the other schools
of such district.
Every person employed as teacher in such kinder-
garten shall either hold a diploma from a kindergarten
college, or, in addition to holding such a certificate as is
required of other persons employed as teachers in the
schools of this State, be duly examined as to the kinder-
garten methods and theories, in such manner as the board
of education may prescribe.
.[Note. Most of the provisions of sec. 27 are repealed by sec. 28a.]
County board
of examiners, 27. There shall be in every county, for the purpose
of examining and certifying teachers, a county board of
examiners, to be composed of the county superintend-
ent, who shall be ex-officio president, and two experi-
enced teachers, each of whom shall have received a
teacher's state certificate or a number one county cer-
tificate, or be a graduate of some reputable school, to be
nominated by the county superintendent and appointed
by the presidents of the district boards of education,
at a meeting for that purpose, to be held at the county
seat on the first Wednesday in July, 1893, one of whom
shall be appointed for a term of two years and one for
one year, and thereafter one member annually for a
term of two years, at which meeting a majority of said
presidents, or any three thereof, shall constitute a
quorum. It shall be the duty of the county superin-
Vacancies. tendent to attend such meetings.
Vacancies in said board of examiners shall be filled by
the presidents in the same manner as members of said
board are appointed, and it shall be the duty of the
county superintendent, upon ten days' notice, to call
Com < meetings of said presidents at the county seat for that
tio?of n exam- purpose. The board of examiners shall each receive a
compensation of three dollars per day for each day actu-
ally and necessarily employed in conducting the examin-
ations, and for one day at each of the two stated exam-
inations required in section twenty-eight of this chapter
SCHOOL LAW OP WEST VIRGINIA 33
to bo spent in consultation and preparation for their
duties. This compensation shall be paid out of tiie fees
received from the teachers examined, and shall in no
case exceed the amount thereof.
The county superintendent shall collect from every
person who applies for examination a fee therefor of
one dollar, out of which he shall pay the per diem of
the board of examiners, and the expense of the notice County Su _
required by the twenty-eighth section of this chapter, perintendent
if -r? i i n *t- i -e 1 i to collect fees
and the balance, if any, he shall pay to the sheriff, to be and return
placed to the credit of the distributable fund of the account -
county received from the State, and distributed with it.
He shall at the end of each school year, make and re-
turn to the clerk of the county court, and also to the
State Superintendent, a detailed and certificed account of
the names of all applicants for examination ; the amount
of the fees received by him for the same; the 'amount
paid out to the members of the board of examiners, and
the balance, if any, placed to the credit of the distri-
butable fund of the county as aforesaid.
LVII. Presidents of independent school districts should partici-
pate in the election of members of the board of examiners excep't
where their teachers are not required to be examined by said board,
as in Wheeling, Huntington, Charleston, Martinsburg, &c.
LVII I. No more than two names should be proposed to the presi-
dents of the boards of education at one time for members of the board
of examiners. If either or both are rejected, then other nominations
should be made.
LIX. No person other than a teacher should be appointed a member
of the board of examiners.
LX. All appointees must hold No. 1 certificates or their equiva-
lents.
LXI. The county superintendent has the sole right to name candi-
dates to the presidents for members of the board of examiners.
LXII. All school officers, including members of the boards of ex-
aminers, are required to take the oath prescribed by tne constitution,
section 5, Article IV.
LXIII. The presidents of the boards of education have no authority
to elect persons members of the board of examiners not nominated
by the county superintendent.
LXIV. The offices of president of board of education and member
of the board of examiners are incompatible.
LXV. In case there is more money received from fees in one exam-
ination than pays tho'per diem of the members of the board and the
publication of notice, the residue may be used to pay per diem of
members of the board in subsequent examinations in the same year
where the receipts are insufficient.
LXVI. It is the duty of the county superintendent to preserve the
manuscripts of the teachers who -are examined, for at least one year
from their date.
LXVII. It is a gross violation of official duty for the presidents
to remain absent from the meeting for the purpose of avoiding the
appointment of examiners. They are subject to be fined under s.
50 School Law. Examiners hold over until a new appointment is
made of successors. Alfred Cnldirell, Attorney-General.
SCHOOL LAW OF WEST VIRGINIA
Teachers
must have a
certificate.
Teachers
examined in
certain
branches.
Certificate
county 6 where
issued.
Examina-
ce??ain time's!
Examiners
tendent e may
[Note. Most of the provisions of sec. 28 are repealed by sec. 28a.]
28. No teacher shall be employed to teach any public
school of this State until he shall have presented to the
trustees, directors or board having charge of such school,
a certificate in duplicate of his qualifications to teach a
school of the grade for which he applies, the duplicate
of which shall be filed with the secretary of the board of
education of the district in which the school is situated
and so endorsed on the original by the secretary ; and no
salary shall be paid to any teacher unless duplicate be
filed as aforesaid.
The board of examiners shall examine each candidate
for the profession of teacher, who may apply to them,
as tfl his or her competency to teach orthography, read-
ing, penmanship, arithmetic, English grammar, geog-
raphy, history, single entry book-keeping and civil
government, if the application be for a primary school,
and if the application be for a higher school, they
shall examine the applicant as to his competency to
teach the additional branches required for such school,
and is satisfied of the competency of the applicant to
teach and govern such schools, and that he or she is of
good moral character and not addicted to drunkenness,
they shall give a certificate in duplicate accordingly.
The county superintendent shall keep a register of ail
certificates awarded by the board of examiners, stating
the character and grade of certificate and the time when
issued.
No certificate shall be issued by the board of examin-
ers > except upon an actual examination, participated in
by a majority of the board, or be of force except in the
county in which it was issued, nor for a longer period
than one year, except as provided in section twenty-nine
of this chapter, and the board of examiners may, upon
proper evidence of the fact, revoke the certificate of
any teacher within the county, for any cause which
would have justified the withholding thereof, when the
same was granted, by giving ten days notice to the
teacher of their intent to do so.
The board of examiners shall, at two stated periods
^ n eac ^ vear ? agreed upon by themselves, of which they
shall give due notice, hold public examinations, at which
all applicants for certificates shall be required to attend ;
and should circumstances require it, the county super-
intendent may call extra meetings for trie same purpose.
County superintendents and members of the board of
examiners may be employed to teach without the certifi-
required of other teachers. But should any mem-
ber of the board of education or school trustee be em-
ployed as teacher, it shall vacate his office.
SCHOOL LAW OF WEST VIRGINIA 35
LXVIII. No person shall be employed to teach a public school Vho
has not a teacher's certificate regularly issued and still in force. Sub-
stitute teachers are permissible when the teacher is unavoidably ab-
sent, and then only, with the consent of the school trustees. Sub-
stitutes should have certificates of same grade as those whose places
they fill. It is not necessary for the trustees to make a contract with
a substitute. A teacher can not engage a school, make a contract
for it, then employ a substitute and himself take another school.
LXIX. If a teacher obtain two certificates the same year, he may
contract with the trustees on either, whether of the same or different
grades.
LXX. The right of a member of the board of examiners to teach
without examination is confined to the county in which such position
is held.
LXXI. The members of the board of examiners are authorized to
teach without certificates, and are therefore prohibited from issuing
certificates to each other.
LXXII. Section 30 of chapter 45 of the Codje, provides that all cer-
tificates for the school year, must be issued after July first. * * *
There is no provision made for the examination of a county superin-
tendent while in office as he has the right to teach during his term
of office without a certificate. 7'. v. Ifilci/. Attorney-General.
28a. The general regulation, direction and control of County ex-
all matters relating to the examination of applicants f or
teachers' certificates and the issuance thereof, including
the prepartion of questions, the grading of manuscripts, tion and con
the granting of certificates, the control and government
of county boards of examiners, to be hereinafter provid-
ed for, and all other powers necessary for carrying into
effect the provsions of this act, shall hereafter be vested
in the State Superintendent of free schools, Provided,
That nothing contained herein shall be construed to alter
or amend section twenty-nine^ of chapter forty-five of
the code, relating to the powers and duties of the state
board of examiners.
2. Examinations for teachers at such times as shall be Time ami
designated by the State Superintendent of free schools,
shall be held simultaneously in each of the counties of
this State, at such places as shall be designated by coun-
ty superintendents; Provided, That no more than five
such examinations be held annually.
3. For the preparation and printing of questions, th^
grading of manuscripts, the transmission of certificates
and the additional clerical work demanded by .the re-
quirements of this act, the State Superintendent of Free
Schools shall be allowed an amount not to exceed twenty- Appropria-
te hundred dollars annually, which sum is hereby ap- duetto? (
propriated and set apart from the general school fund exumination *
of this State for this purpose, but such sum shall in no
event exceed the amount received from the fees provided
for in section eleven of this act.
4. Applicants for teachers ' certificates shall be re- Branches.
36
SCHOOL LAW OF WEST VIRGINIA
Questions
and
Manuscripts.
Age and oth
er qualifica-
tions.
Grading-
manuscripts.
Grades of
certificates.
State Super-
intendent
may revoke
certificates.
quired to pass an examination in all the branches re-
quired to be taught in the primary free schools of this
State, and upon which they are now required to pass ex-
amination by law. And, it shall be the duty of the State
Superintendent of Free Schools to prepare questions upon
the same and transmit such questions to the county sup-
erintendent of each county, properly sealed, to preclude
examination,, and such county superintendent shall open
and seal all manuscripts, in the presence of the county
board of examiners and the assembled applicants, and
conduct such examination in a manner to be fully pre-
scribed by the State Superintendent. At the conclusion
of such examination, the county superintendent and
board of examiners shall forward to the State Superin-
tendent properly sealed, all manuscripts submitted to
them, in accordance with full instructions to be furnished
by the State Superintendent, together with such informa-
tion, statements or affidavits as the State Superintendent
may require. But no applicant known by the board of
examiners not to be of good moral character, or to be ad-
dicted to drunkenness, or not to have attained the age of
seventeen years, shall be admitted to such examination.
5. Within a reasonable time after the receipt of the
foregoing manuscripts, from the board of examiners, it
shall be the duty of the State Superintendent and his as-
sistants to examine and grade the same, and to issue cer-
tificates based thereon, observing the following regula-
tions in regard to the same :
I. Such certificate shall state the applcant's grade or
proficiency in each branch in which he is examined.
II. Three grades of certificates shall be issued, based
upon the following scale :
First grade certificates shall be issued to all applicants
who attain a general average of ninety per cent, on a
scale of one hundred per cent., and not less than seventy-
five per cent, on any one branch; second grade certifi-
cates shall be issued to all applicants who attain a general
average of eighty per cent, and not lower than seventy
per cent, on any one branch ; third grade certificates shall
be issued to all applicants who attain a general average
of seventy per cent, and not lower than sixty per cent,
on any one branch. Failure to attend teachers' institutes,
as required by law, shall be deemed sufficient reason for
withholding the certificate of any applicant.
The State Superintendent may, upon proper evidence
of the fact or charges by the county board of examiners,
revoke the certificate of any teacher for any cause which
would have justified the withholding thereof when the
SCHOOL LAW OF WEST VIRGINIA 37
same was granted, by giving ten days notice to such
teacher, of his intention to do so.
(>. All certificates so issued, shall be signed by the signed by
State- Superintendent and forwarded by him to the proper
coimty superintendent, who shall countersign same and I v
deliver to the teachers entitled thereto. And such certi- counties,
ficates shall supersede any and all other examinations re-
quired of the persons holding them, except those that
may be especially authorized by law in independent
school districts of this State, and shall be valid in any
school district in the State, unless revoked as provided
for in section five.
7. First-grade certificates shall be valid for a period Term of
of five years; second-grade certificates for a period of C(
three years, and third-grade certificates for a period of
one year, and, such third grade certificate shall not be
issued to the same applicant more than twice. The State
Superintendent and county superintendent shall each
keep a register of all certificates awarded, stating the
character and grade of each and date thereof.
8. If any county superintendent intentionally changes Penalties for
the examination prescribed by the State Superintendent, c
or commits any fraud with intent to assist or hinder any
person, in securing a certificate, it shall be sufficient
cause to declare the office of the said county superinten-
dent vacant. If any other person tampers with the ques-
tions before examination, or with the manuscripts after
the examination, or attempts to render aid in any exam-
ination, he shall be fined ten dollars and confined in jail
ten days, upon complaint and conviction before any jus-
tice of the peace. All county certificates now outstand-
ing, shall be good for the county and for the time marked
on the face thereof, but shall not be renewed. Any coun-
ty superintendent who knows of any immorality on the
part of any person holding a county certificate shall, if
the person so offending live in his county, after giving
due notice .to such person, suspend the said certificate
for twelve months ; and if the person so offending be a res-
ident of another county, he shall notify the superinten-
dent of that county, after giving due notice to such per-
son, who shall suspend the certificate for twelve months.
In either case, the suspension shall be marked upon the
back of the certificate. Any person who refuses to sur-
render his certificate, when demanded, for the purpose of
having said suspension marked on it, shall be disqualified
for two years from teaching in this State.
9. Any applicant feeling himself aggrieved by any Right of
action or ruling of the county superintendent or board of uppeal<
38
SCHOOL LAW OF WEST VIRGINIA
Offices va-
cated by
teaching.
Members of
board of
examiners.
examiners, shall have the right of appeal to the State
Superintendent, whose decision shall be final.
NO person to 10. No person shall be employed to teach in a public
teach without , , ,, ,, . ~ t . ., , % %_,
certificate school of this State, until he shall have presented to the
bers P o t f I b < oard trustees or board having charge thereof, a certificate in
of examiners, duplicate of his qualification, which duplicate shall be
filed with the secretary of the board of education of the
district wherein said school is situated, and so indorsed
on the original by the secretary, and no salary shall be
paid to any teacher unless such duplicate be so filed.
Members of the board of examiners may be employed to
teach without the certificates required of other teachers,
but should any member of the board of education, or any
school trustee, be employed as teacher, it shall vacate his
office.
11. There shall be in every county for the purpose of
examing teachers a county board of examiners, to be com-
posed of the county superintendent, who shall be ex-officio
president, and two experienced teachers, each of whom
shall have received a teacher's state certificate or a num-
ber one county certificate, or be a graduate of some repu-
table school, to be nominated by the county superinten-
dent and be appointed by the presidents of the district
boards of education, as now prescribed by law, one mem-
ber to be appointed annually for a term of two years, at
which meeting a majority of'said presidents, or any three
thereof, shall constitute a quorum. It shall be the duty
of the county superintendent to attend such meeting.
Vacancies in said board of examiners shall be filled by
the presidents in the same manner as members of said
board are appointed, and it shall be the duty of the coun-
ty superintendent, upon ten days notice, to call meet-
ings of said presidents at the county seat for that pur-
pose. The board of examiners shall each receive a com-
pensation of three dollars per day for each day actually
and necessarily employed in conducting the examina-
tions. The county superintendent shall collect from
every applicant a fee of two dollars, out of which fees
he shall pay the per diem of the board of examiners, and
the expenses of the notice and of conducting such ex-
amination, but such per diem, and expenses shall not
exceed one-half of the fees so collected; the remainder
of such fees he shall pay to the Auditor of the State to be
placed to the credit of the general school fund of tho
State. He shall, at the close of all examinations, make
ancl re turn to the State Superintendent of Free Schools, a
detailed and certified account of the names of all appli-
cants for examination ; the amount of fees collected by
Vacancies
compensa-
Account of
fJnd lination
SCHOOL LAW OF WEST VIRGINIA 39
him; the amount paid out as above provided, and the
b.alance placed to the credit of the general school fund,
as aforesaid.
All acts or parts of acts inconsistent with any of the
provisions of this act, are hereby repealed.
LXXIII. I am clearly of the opinion that the Legislature never
intended to say that because a trustee should teach in a district
other than the one for which he is trustee that his office would thereby
be vacated. I can see the legal impropriety of a teacher being trustee
in his own district and possibly thus employing himself ; but surely
he would have the right to teach in another district under a contract
with the trustees of such other district. Romeo H. Freer, Attorney-
General.
[Note. Most of the provisions of sec. 29 are repealed by sec. 28a.]
29. The following regulations shall be observed by Sr g b^ard n ef
boards of examiners with regard to examinations and examlners -
granting teachers' certificates:
First. No applicant shall be admitted to examination
unless the board shall have reasonable evidence that he
or she is of good moral character and temperate habits,
and has attained the age of sixteen years.
Second. No college diploma or certificate of recom-
mendation from the president or faculty of any college
or normal school or academy shall be taken to super-
sede the necessity of examination by the board of exam-
iners, nor shall a certificate be granted to any applicant
except after a careful examination upon each branch of
study and upon the art of teaching.
Third. Boards of examiners and others herein author-
ized to confer certificates shall state the teacher's grade
of proficiency in each branch in which he is examined.
Fourth. They shall grade the certificate granted ac-
cording to the following scheme numbering them ac-
cording to the merit of the applicant from one to three : Fir8t grade
The first grade certificate shall be issued to all appli- certificates,
cants who shall pass an examination in all the branches
required to be taught in the primary free schools of the
State, and in addition thereto the theory and art of
teaching, general history, civil government and book-
keeping, and obtain a general average of ninety per
cent, on a scale of one hundred per cent, and not less
than seventy-five on any one branch; which certificates
shall be valid for a period of four years and shall be
re-issued once without examination at the discretion of
said board of examiners, provided the holder has taught
two years on said certificate. e ec0 nd rade
The second grade certificate shall be Issued to all ap- e
plicants who shall pass an examination upon all the
branches required to be taught in the primary free
schools and in addition thereto civil government and the
theory and art of teaching and obtain a general average
40 SCHOOL LAW OF WEST VIRGINIA.
of eighty per cent, and not lower than seventy per cent,
on any one branch, which shall be valid for a period of
two years and be re-issued only upon examination.
Third grade. The third grade certificate shall be granted to appli-
cants who shall pass a satisfactory examination in
the branches required to be taught in the primary free
schools, and the theory and art of teaching and obtain
a general average of seventy per cent, and not lower
than sixty per cent, in any one branch, and be valid for
a period of one year and be re-issued only upon exami-
nation and then not to the applicant more than twice.
All grades of county certificates provided by law shall
be granted at the same examination. Failure to attend
the teachers' county institute where such attendance
may be required of teachers holding any of these grade
certificates unless excused by law or unless said failure
may be for reasons deemed sufficient by the county
board of examiners shall be cause for revoking said cer-
tificate.
state Board 29. I There shall be a State board of examiners
EKxamIners ' which shall consist of four competent persons, one from
each congressional district, to be appointed by the State
Superintendent of Free Schools: the term of office of
such examiners shall be four years and vacancies in said
board shall be filled by the State Superintendent of Free
Meetings. Schools. Said board shall meet at two different places,
at least, in each congressional district in each year, for
the purpose of making the examinations and granting
the certificates provided for in this act, and any three of
said members shall constitute a quorum.
IJ - Tne hoard thus constituted may issue two grades
of certificates to such as are found to possess the requi-
site scholarship, and who exhibit satisfactory evidence
of good moral character and of professional experience
and ability, as follows : First class certificates for tw r elve
years; second class, for six years. Any person holding
a certificate of the first class, who shall liave taught for
eight years of said twelve years, shall be entitled, with-
out examination, to have the same renewed at the expi-
ration of the said twelve.
The second class to be issued to applicants of satis-
factory attainments in the branches required for county
certificates, and in addition, not fewer than four other
branches to be determined upon by the board.
The second class certificates shall be issued upon ap-
f P^ ca tion, without examination, to the graduates of the
institutions. State University of West Virginia, of the Peabody Nor-
mal College of Tennessee, of the State normal school
SCHOOL LAW OF WEST VIRGINIA 41
and its branches of West Virginia, and of other schools
in this State whose grade of work is equal in all respects,
in the judgment of the board, to the State normal school
and its branches, where graduates shall have presented
to the board satisfactory evidence that they have taught
successfully three years in the State under a number ono
county certificate, two of which said three years shall
immediately precede the application for such certificate.
Teachers who shall present to the board satisfactory J|* ^ex-
evidence that they have taught successfully four years,
under a second-class certificate, shall be entitled to re-
ceive, without examination, a first-class certificate at the
expiration of the second-class.
The board shall keep a record of the proceedings, Record,
showing the number, date and duration of each certifi-
cate, to whom granted, and for what branches of study,
and shall report such statistics to the State Superintend-
ent annually on or before the thirtieth day of Septem-
ber.
III. All certificates issued by such board shall be
countersigned by the Superintendent of Free Schools;
and such certificates shall supersede any and all other
examinations of the persons holding them, by any board
of examiners, and shall be equivalent to a number one
certificate granted by a county board of examiners, and
shall be valid in any school district in the State, unless
revoked by the State board for a good cause.
IV. Each applicant for a certificate shall pay the Fee -
board of examiners a fee of five dollars.
V. The board of examiners shall each receive a com-
pensation of five dollars per day actually and necessa- iners -
rily spent in conducting the examinations, and for one
day to be spent in consultation and in preparing for
their duties and six cents per mile for each mile neces-
sarily traveled in going to and returning from the place
of examination. This compensation shall be paid out
of the fees received from the teachers examined, and
shall in no case exceed the amount so received.
Said board shall, at the end of each school year, make Annual report
and return, to the State Superintendent of Free Schools, p? r ?nten<fent.
a detailed and certified account of the names of all the
applicants for examination, the amount of the fees re-
ceived, the amount paid out to the members of the board,
and the balance, if any, shall be paid over to the treas-
urer of the State, to be placed to the credit of the dis-
tributable school fund.
LXXIV. Graduates of the State Normal School and of the State
University, in order to secure the second class certificates, must
present to the State board of examiners satisfactory evidence that
42
SCHOOL LAW OF WEST VIRGINIA
registers.
they have taught successfully three years under a Number 1 county
certificate ; two of which said years must immediately precede the
application for the certificate.
keep daily 30. Every teacher shall keep a daily register and make
and term monthly reports to the secretary of the board of educa-
tion of his district. He shall also keep a term register in
which shall be entered the date of the commencement
and termination of every term of school, the name and
age of every scholar who attended the school during said
term, the daily attendance, distinguishing between males
and females, the branches taught and the number of
scholars engaged each month in the study of each branch,
and such other particulars as are necessary to enable the
secretaries of the boards of education, or directors, to
make the reports required of them; and such monthly
report shall in addition to other facts now required show
the number of days taught by a substitute, if any, and
the grade of .certificate held by such substitute.
The State Superintendent of Free Schools shall pre-
scribe such forms and regulations respecting the register
to be kept and the reports to be maide by the teachers as
shall seem to him necessary. At the close of each term, the
register thereof shall be returned by the teacher to the
office of the secretary of the board of education of the
Forfeit for district, who shall file the same, and unless such register
tur r term re ~ ^ e P r P erl y kept and returned, the teacher shall not be
register. entitled to demand payment for the balance due on his
salary. Teachers shall be paid monthly, and by orders
on the sheriff, or collectors, signed by the secretary and
president of the board, which orders, when signed as
aforesaid and delivered to the teacher, shall be deemed
at once due and payable. When any teacher has taught
according to his contract, for one month, the trustees
for the sub-district in which he has taught : shall certify
the fact to the secretary of the district board, whereupon
he shall receive from said secretary an order upon the
sheriff or collector of the county, signed by the secretary
and president of the board of education, for one month ';
salary; but in no case shall such order be given unless
the monthly report containing the facts required in the
preceding part of this section, to be shown in the term
register, be first duly made out and returned to the sec-
retary. The school month shall consist of twenty days,.
excluding Saturday, all of which shall be devoted to
teaching the school contracted for. As a means of im-
proving the teachers and fitting them for more effective
service in the free schools of the State, teachers' insti-
tutes shall be held annually throughout the State, one or
more in each county; they shall be held at sucH places
SCHOOL LAW OF WEST VIRGINIA 43
as the State Superintendent shall, with the advice of the
county superintendent, direct, and during the week pre-
ceding that school term in each county, which a majority
of the school teachers of such county may designate by
petition to the county superintendent, or by vote at the
preceding teachers' institute, and shall continue each for
one week of five days.
And every person employed as a teacher in the free compensa-
schools of the State, who has attended a county institute, institute
shall receive pay for the same at the rate of one dollar attendance -
and fifty cents per day for a period not to exceed five
days in any one year, the amount of such compensation
to be paid, with the salary of the last month of the school
term, out of the building fund of the district.
The institutes shall be conducted by experienced and
skillful institute instructors, but it shall be a part of the
duty of the county superintendent, under the instructions
of the State Superintendent, to make all proper arrange-
ments for the institutes, and to assist in conducting
them.
The instructors, whom the State Superintendent shall
appoint as herein provided, shall each receive for his ser- instructors,
vices not more than twenty-five dollars and, his expenses
for each institute he may instruct, to be paid out of the
general school fund on a proper order of the State Super-
intendent, but in no case shall the amount so paid ex-
ceed one hundred dollars for any one institute.
Every teacher enrolling in a county institute shall pay institute fee.
an institute fee of one dollar, seventy-five cents of which
shall be remitted to the Auditor of the State to be paid
ino the State treasury to the credit of the general school
fund, and twenty-five cents to be paid for incidental ex-
penses and for the betterment of the institute.
The county superintendent shall, at the close, of the in- reports! 6
stitute, forward to the State Superintendent a certified
list of all persons enrolled at the county institute, giving
the exact time each was in attendance and the amount
of money received ; he shall also forward to the Auditor
seventy-five cents for every person so enrolled in his
county.
Within the months of July, August and September or
other month after the institute, the county board of ex-
aminers shall hold one of the two examinations prescribed
in section twenty-eight.
It shall be the duty of the State Superintendent to pre- ^ r * r d | d of , n
scribe a graded course of institute work covering a period stitute work,
of two years, which shall embrace history of education,
school management, methods of teaching, educational
44
SCHOOL LAW OP WEST VIRGINIA
Failure to
attend
institute.
Appropria
tion for
institutes.
who exempt psychology and such other subjects as may be prescribed
from institute for the West Virginia Teachers' Reading Circle. Any
teacher who has completed the graded course of institute
work and the graded course of professional study and
passed a satisfactory examination thereon, and also ob-
tained a number one teacher's certificate, shall be exempt
from further compulsory institute attendance; but any
teacher so exempt may attend any such institute and
draw pay for the same as above provided. Any teacher
not exempt from institute attendance who shall fail or
refuse to attend at least one institute annually held under
the provisions of this section, unless such teacher shall
have an excuse therefor sufficient in the judgment of the
board of examiners, shall not be entitled to continue or
complete the school term wherein he may be teaching or
be employed to teach, in any free school during the year
within which such failure or refusal may have occurred,
and it shall be the duty of the county superintendent to
see that such teacher or teachers are compelled to stop
teaching for the year in which such failure occurred.
There is hereby appropriated for the support of said
county institutes, from the general school fund, the sum
of six thousand dollars for the year 1903, and six thou-
sand dollars for the year 1904.
All acts or. parts of acts inconsistent with this section
are hereby repealed.
LXXV. * * * In view of this condition, I am of opinion that
institutes may be held any time after the third Monday in July of
each year, and possibly as late as November. Remeo H. Freer, At-
torney-General.
LXXVI. The secretary of the board should carefully examine the
monthly summary which the teacher flies at the end of each month,
for it should contain a summary of what the teacher is recording In
his term register, which is to become the chief basis of the secre-
tary's report to the county superintendent. In no instance should
the secretary issue the teacher's order for his last month's salary
until the term register is found to contain all data required by the
above section, to be recorded in it.
LXXVII. "The applicant for examination for a teacher's certificate
must have a'ttended one institute during the year or have an excuse
for not so attending sufficient in the judgment of the board of exam-
iners to entitle such applicant to be examined. Such attendance
within the year, or such excuse is a condition precedent to the right
to be examined." Alfred Caldwell, Attorney-General.
LXXVIII. When only a few days of a school term run into a new
year the school may be reported in the old year, but if a month or
more of the school runs into the new year, then it should all be
reported in that year.
LXXIX. The per cent, of attendance and absence should make 100
without the per cent, of non-membership.
LXXX. In making reports to the secretary, teachers should not
count children of the sub-district not enrolled in the school when
a child is once enrolled he should be accounted for during the whole
term, both before and after he is enrolled.
T..XXXI. It is the duty of the presidents and secretaries of the
boards of education to issue orders for money directed to be paid by
the board.
SCHOOL LAW OF WEST VIRGINIA 45
LXXXII. The following excuses are deemed of sufficient importance
in all departments of life and may be regarded good for non-attend-
ance at the institute : Sickness, death of a near relative, and attend-
ance at court under summons. Frivolous and petty excuses should
not be accepted.
LXXXIII. The trustees, if they employ a teacher who has not
complied with the law requiring teachers to attend institutes, violate
their oath of office, and ought themselves to be removed if it is done
wilfully. A If red Caldwell, Attorney-General.
LXXXIV. The holding of an examination or the issuing of a cer-
tificate in any year prior to the first day of July is prokibite'd by law.
The school year begins with that date, and all certificates should be
issued with reference to it. If a certificate good for one year, be
issued in the autumn or later, it terminates with the first day of the
ensuing July, and so a three or five years' certificate issued at the
same time would end with the first day of July three or five years
hence.
31. In contracts with teachers, it shall be understood Holidays,
that school is not to be kept in operation for ordinary
instruction on the first day of January, fourth day of
July, or the twenty-fifth day of December, nor any Na-
tional or State festival or Thanksgiving day; but the
month or time mentioned in such contract shall never-
theless be computed as if the said days were included.
32: All teachers, boards of education, and other
officers are hereby charged with the duty of providing
that moral training for the youth of this State which
will contribute to securing good behavior and manners,
and furnish the State with exemplary citizens. It shall B
also be the duty of every school trustee to see that the
school house is kept clean and in good order, and that
fires, when necessary, are made and kept therein, but no
expense shall be incurred therefor, to exceed fifty cents
per week, and the amount thus expended shall be cer-
tified by the trustees to the board of education, and shall,
if correct, be paid out of the building fund of the dis-
trict.
LXXXV. Persons building fires should have a definite contract
with the trustees. *******
The Legislature intended by enacting s. 32 to compel the trustees
to have school houses kept clean, fires made and kept, &c., by expendi-
tures out of the building fund. *****
The trustees have no right to alter the form of appointment prescribed
by the State Superintendent so as to make it a duty of the teacher to
do this work for the salary he is to get out of the 'teachers' fund.'
I fully concur with the opinion given by my predecessor
(General Watts) upon the section named. Alfred CaldwelL Attorney-
General.
33. The president of the board of education of every President of
district shall, at least once a year, examine the school boar 4 8ha "
houses and schoo] house sites in the district, and report SSSdr
the condition of the same to the board ; and such as are, house8 -
in their judgment, properly located and are sufficient,
or can with reasonable expense be rendered so, shall be
retained -for the use of public schools, and the remain-
der, with the consent of the county superintendent,
46
SCHOOL LAW OF WEST VIRGINIA
sold.
u be d ~ sha11
sold at Public auction or otherwise, by the
boar of education, and on such terms of sale as the
board may order and the proceeds added to the build-
ing fund: Provided, That the grantor or his heirs of
any such school house site shall, if he or they so desire,
have the same reconveyed to him or them, without the
buildings thereon, (if any), upon paying to the board of
education the amount received by such grantor for such
site ; or in case no compensation was paid therefor, the
same shall be so reconveyed free of charge. In case of
such reconveyance, the building on such site (if any)
shall be sold, as hereinafter provided, with privilege to-
the purchasers to remove it from off such site in a
reasonable time. This proviso shall not be construed
to apply to any school house lot within any village, town
or city.
LXXXVI. I am of the opinion that the board has the right to
sell the old school nouse notwithstanding the fact that the legal title
had not been conveyed. This was an inadveftance that no one can
take the advantage of. The equitable title was in the board. I think
the board can sell 'the house as provided in section 33 of chapter 45-
of the Code. T. S. Riley, Attorney-General.
The board
. 34. The board of education of every district shall
provide by purchase, condemnation, leasing, building
grounds, &c. or otherwise, suitable school houses and grounds in
their districts, in such locations as will best accommo-
date the inhabitants thereof, and improve such grounds
and provide such furniture, fixtures and appliances for
the said school houses, as the comfort, health, cleanli-
ness and convenience of the scholars may require, and
keep such grounds, school houses, furniture, fixtures:
and appliances in good order and repair: Provided^
That in case such boards of education shall be unable to
agree upon a proper location for a school house In any
sub-district, such location shall be decided by the county
superintendent.
Boards of education in adjoining districts or counties
. . , , . -, f.
may jointly provide for the erection of school houses
for the accommodation of adjoining portions of dis-
tricts or counties, for high schools, union schools or sub-
district schools, which from local causes, cannot be
conveniently attached to sub-districts in the districts or
in- lnt colin ties to which they belong. The title to such houses
vested in. shall be vested in the board of education having super-
vision of the sub-district containing the greatest number
of children, and terms indicating a trust for the purpose
aforesaid shall be introduced into an agreement made
between the boards of education interested. Such school
houses shall be provided with furniture, fixtures and
Districts may
join in erect-
ing> school
SCHOOL LAW OF WEST .VIRGINIA 47
such other appliances as are supplied to school houses
generally. An equitable amount sHall be assessed on
each district interested, by the respective boards of edu-
cation, for the purpose aforesaid. Boards of education
shall in every case require bond of all contractors, with
approved security, in double the amount of the contract
for building or repairing school houses.
No county superintendent, board of education, or any
member thereof, or trustee of any sub-district, shall, in
directly or indirectly, become personally interested in
any contract for building or 'repairing school houses in
his or their district; and any county superintendent,
member of such board, or any trustee, violating this sec-
tion shall be guilty of a misdemeanor and fined not less
than one hundred dollars.
LXXXVII. The length of a school term in union schools must be de-
termined by the term fixed by the district in which the school is lo-
cated, for its schools. The trustees of the sub-district would con-
trol the location of the school, &c. All the boards of education of
the district out of which the pupils are sent have to do, is to pay a
just part of the expense of the union school. Alfred Caldwell, At-
torney-Gent ml.
LXXXVIII. In case the land owner, on whose land a school house
is built by a board of education before a deed is delivered therefor,
refuses to make the deed, proceedings in a court of equity may be
instituted by the board to compel the specific performance of the con-
tract.
LXXXIX. Chapter 05. Acts 1879. makes it a misdemeanor for any
county or district school officer to become directly or indirectly
pecuniarily interested in contracts, lettings and furnishings in cases
where he has a voice or control. See Acts 1879, chapter 65. wherein
it is provided that : "It shall be unlawful for any member of a
county court, overseer of the poor, district school officer, or any mem-
ber of any other district board, or for any county or district officer
to be or become, directly or indirectly, pecuniarily Interested in fFie
proceeds of any contract or service, or in furnishing any supplies iu
the contract for, or the award or letting of which, as such member
or officer, he may have any voice or control." See also section 13 of
this chapter.
XC. When the board fail to agree upon the location of a school
house, and the county superintendent is called to decide the matter,
his decision is final and from it no appeal can be taken.
XCI. A county superintendent has no authority to select a site
for a school house. He can only act when the board of education fail
to agree as to a location.
35. No school house shall be erected unless the plan
thereof shall have been submitted to the county super- county
intendent, and approved by him, and it is hereby made p<
his duty to acquaint himself with the principles of school
house architecture, and, in all his plans for such struc-
tures, to have regard to economy, convenience, health
and durability of structure.
XCII. The approval of the plans of school houses is, perhaps, the
most important duty which the county superintendent has to per-
form. He is thus made the architect of school house construction in
his county, and if me same are illy constructed, poorly ventilated,
poorly lighted, and improperly heated, thus producing physical injury
to the pupils, he is morally responsible.
48
SCHOOL LAW OF WEST VIRGINIA
Land for
school site
mny be con-
demned.
School prop-
erty exempt.
36. When land has been designated by the board of
education of any District as a suitable location for a
school house and the necessary buildings, or for enlarg-
ing 1 a school house lot, if the owner or owners refuse to
sell the same, or demand a price therefor which is
deemed by the board unreasonable, or the owner is a
feme covert, a minor, non compos mentis, or non-resident,
aften ten days' notice, served upon such owner or own-
ers, or the owner or owners being non-residenfs thereof,
by publication for four weeks in some newspaper pub-
lished in the county, or if there be no newspaper pub-
lished in the county, by posting the same for four weeks
at the front door of the court house, and five other pub-
lic places in the county, at least two of which shall be
in the district and one in the sub-district in which such
property is located, the board may petition the circuit
court of such county, to have such lots of ground con-
demned for the use of public schools,. and such proceed-
ings shall thereupon be had in the name of such board
for the condemnation thereof, as provided for in chap-
ter forty-two of this Code : Provided, That the land .so
taken shall not exceed in quantity one acre.
XCIII. When condemnation proceedings become necessary the board
of education should consult and advise with the prosecuting attorney
who will instruct it how to proceed according to the provisions of
chapter XLII, of the Code of West Virginia.
37. All school houses, school house sites and other
property belonging to any board of education and used
for school purposes, shall be exempt from execution or
other process, and from lien on, or distress lor taxes or
county levies; but when any order of^the board, upon
the sheriff of the county, or Judgment or decree for a
sum of money against the said board has been presented
to such sheriff without obtaining payment, payment there-
of may be enforced by the circuit court by mandamus
or an order for specific levy on the property taxable in
the district.
37a. WHEREAS it is represented to the legislature that,
prior to the introduction of the present free school
system, many lots or small pieces of land were donated
or purchased, and the title thereof, legal or equitable,
vested in trustees with the view of erecting thereon
buildings designed exclusively for educational purposes,
and that they were used for such purposes many years
prior to the formation of the State, and are still used or
claimed by the boards of education in the various school
districts in many of the counties of the State, and that
said trustees in many cases have departed this life or
left the State, and otners since the introduction of the
SCHOOL LAW OF WEST VIRGINIA 49
free school system have declined to act or take any
interest in, or control over, such lands; therefore,
Be it enacted by the Legislature of West Virginia :
1. That the title of all such lands be. and the same is
hereby vested in the board of education of the school
district in which such lands as have been in the actual
possession of the board of education for the last five
years, nud are still in such possession and not otherwise
claimed, may be, and their successors in office, to be
held and used for froe school purposes, and none other.
2. If from any cause the h,, ; rd of education of the ^tam iami
school district in which any such hind may lie, .shall lv
of opinion that the interest and convenience of the
schools of such district will be promoted by the sale of
any such lands, they may sell and convey the same, a ad
use the proceeds of such sales in the purchase of other
lands and the erection or repair of other buildings to be
used and held for free school purposes, as in other
38. To provide school houses and grounds, furniture,
fixtures and appliances, and keep the same in good or-
der and repair, to supply said schools with fuel and all
other things necessary for their comfort and convenience,
and to pay any existing indebtedness against the building
fund and all other expenses incurred in the district in
connection with the schools, not chargeable to the
''teachers' fund," the board of education shall, annu-
ally, on the first Monday in July, or as soon as practi-
cable thereafter, levy a tax on the property taxable in
each district, not to exceed, in any one year, the rate
of forty cents on every hundred dollars valuation thereof,
according to the latest assessment on the same for State
and county taxation.
xriv. The levy for th> Kuilrting Fund LS limited to forty cents on
rlu- si on. except in the case of high schools organized under the
provisions of section 24 of this chapter wherein it is provided that
for the equipment and support of these high schools 30 cents addi-
tional mav !> l<>vjed, thus making the rates of levy 70 cents on tho
$100.
XTV. It i< tin' duty of boards of education to levy for a sufficient
amount for both teachers' and building fnnds, to do all that is neces-
sary to have all the schools in their respective districts taught five
months in the year unless such amount would require a levy of more
than tho maximum rale fixed by law. See section 40 and 'decisions
thereunder.
VI. Power of board to purchase. outline maps and dictionaries
Section 14 seems to imply that there may be apparatus and library
connected with the public school. Section 16 limits power of trustees
but not the board of education as to expenditures for certain articles.
T am inclined to a liberal construction of the law in respect to what
;>roper expenditure of the building fund. I believe outline maps,
dictionaries for reference and any other necessary apparatus for the
instruction of the scholars in the branches to be taught in the school,
reasonable in amount, can be purchased out of the building fund at
the discretion of the board of education by virtue of the authority
conferred by the o4th section upon such board to provide such furni-
ture, fixtures and appliances for the school houses as the convenience
<>t' the scholars may require. Alfred t'uldn-cii. Attorney-General.
50
SCHOOL LAW OF WEST VIRGINIA
BuildiBg
Fund.
Levy for
support of
schools.
Teachers'
fund.
Board may
be compelled
to levy.
Special levy.
39. The proceeds of taxes so levied, of school houses
and sites sold, of all donations, devises and bequests
applicable to any of the purposes mentioned in the pre-
ceding section, shall constitute a special fund to be called
the "building fund,'' to be appropriated exclusively to
the purposes named in the preceding section.
XCVII. A balance due the building fund- should not be taken by
the board to pay debts against the teachers' fund, nor should money
be taken from the teachers' fund to pay claims against the building
fund.
XCVIII. Insurance paid for the destruction of a school house by
fire is paid to the credit of the building fund of the board of educa-
tion generally, and may be used to erect another building in the same
or a different place, or for other purposes, as the board ciay direct.
XCXIX. To supersede or correct a school levy by the circuit
court. For process, see Acts of 1875, chapter 72, and Wells, ct al vs.
Board of Education, 20 W. Va. lb/.
40. For the support of the primary free, schools, of
their district, and in eadi independent school district,
and to pay any existing indebtedness against the teachers'
fund, the board of education thereof, shall annually on
the first Monday in July, or as scon thereafter as possi-
ble, levy by the authority of the people as prescribed in
section two of this chapter, such a tax on the property
taxable in the district, as will, with the money received
from the State for the support of free schools, be suffi-
cient to keep schools in operation at least five months in
the year, provided, the tax in any one year shall not ex-
ceed the rate of fifty cents on every one hundred dollars
valuation according to the latest available assessment
made for State and county taxation. The proceeds of
this levy, together with the money received from the
State as aforesaid, shall constitute a special fund, to be
called the teachers fund, and no part shall be used for
any other purpose than the payment of teachers ' salaries,
first for the current year, and any part of said fund not
so expended, shall be appropriated to the payment of
any existing indebtedness created for said purpose.
Upon the failure of any board of education to lay such
levy as hereby required, or any other levy provided for
in this chapter, they shall be compelled to do so by the
circuit court of the county by a writ of mandamus, unless
good cause be shown to the contrary.
But in case the levy provided for in this and the 38th
section of this chapter shall not be sufficient to pay any
existing indebtedness of the district in addition to the
other purposes for which it is levied, the board may in-
crease such levy to the amount actually necessary, or lay
a special levy for the purpose, but such increase or spe-
cial levy together with any other levy not provided for
SCHOOL LAW OF WEST VIRGINIA 51
in this and the 38th section of this chapter, shall not ex-
ceed in the aggregate, thirty cents on the one hundred
dollars valuation of said property, and in no case shall
the appropriation of any money to the payment of any
existing indebtedness, directly or indirectly, interfere
with the payment of the teachers' salaries for the term
of five months, for which the schools are required by law
to be kept open each year.
C. If a fifty-cent teachers' levy will not support the schools of a
district for five months, reasonably and economically conducted, to-
gether with the aid received from the State, the board of education is
not only authorized by the statute to exceed that limitation but it
is its duty under the law to do so. Romeo E. Freer, Attorney Gen-
eral.
CI. Under the provisions of this section, the free schools must be
kept in operation at least five months in the year, and as many more
as may be determined by the voters of the district.
CII. A board of education may be compelled by a writ of man-
damus to levy at a sufficient rate to run the schools of a district five
months, if the people have directed by vote that the levy be mad?
and the rate of levy does not exceed the limit prescribed by law which
may under the provisions of section 40, by special levy exceed
fifty cents on the $100. but must not exceed 80 cents on the $100.
CIII. A hoard of education violates a plain provision of the law
when it pays "existing indebtedness" out of the levy for the current
year and thereby shortens the term of the schools of the district
below five months. A sum necessary to run the schools five months
must be provided, and if anything is left it may be applied to exist-
ing indebtedness,
41. If the board of education of any district agree that
the school in their district should be continued more months,
than five months in the year, or if twenty or more voters
of the district ask it, in writing, they shall submit the
question to the voters thereof at the next general election,
which order shall state also the length of time for which
it is proposed to continue the schools. Ballots may be
used for voting on the question, on which may be writ-
ten or printed ' ' for months schools ' ' ; for those who
are in favor of more than five months school ; those who
oppose a longer term than five months may vote with a
ballot having written or printed on it, "against more
than five months school." And if the proposition for a
longer term than five months have a majority of all the
votes cast for and against, -then the board shall order the
levy accordingly. Provided, That in any district where
a poll is held for a purpose herein specified, notices of
such election shall be posted by the secretary of the
board of education in at least three public places in the
district, at least three weeks before the day of voting;
and the notice shall explicitly state the term of time for
the school, which is to be voted for, and only two terms
of time shall be voted for at any one election. And the
time of the term voted for at such election shall con-
52
SCHOOL LAW OF WEST VIRGINIA
TO get share
necessary.
tinue for two years. The poll shall be held and the
election conducted, and the official records returned as
prescribed in the second section of this chapter.
The trustees in each sub-district may, in their discre-
tion, order all the schools under their jurisdiction to
begin in any month in the school year.
42. No district or independent school district shall
hereafter receive -any share of the distributable State
fund for free schools, in any year in which the levy
required by the fortieth section has not been made in
such district or independent school district; and any
money heretofore or hereafter distributed, and undrawn
and remaining credited on the books of the Auditor to
any such district or independent school district on the
thirtieth day of June in each year, shall, on that day,
be transferred on the books of the Auditor to. and form
a part of, the 'general school fund to be distributed.
CIV. It is the duty of the countv superintendent of any county In
which a district or districts have voted down the levy, to inform the
Auditor of the same, giving name or names of said district or dis-
tricts that he may properly transfer that part of the State fund due
such district or districts for that year to the general school fund. See
section 61, last clause.
43. The assessor of every assessment district shall
make out and deliver to the secretary of the board of
education of each district in his district, on or before
the first day of July in each year, a certificate showing
tne aggregate value of all personal property; and the
clerk of the county court shall certify to the said secre-
tary the aggregate value of all real estate in such dis-
trict or independent school district, which certificates
shall serve as a basis for any levy that may be made for
school purposes for that year.
44. Immediately upon the receipts of the certificates
mentioned in the preceding section, and of the notice
from the county superintendent, as hereinafter provided,
showing the amount of the general school fund to which
such district, or independent school district, is entitled,
it shall be the duty of the board of education of such
Board must district, to determine the rates- ef taxation necessary, for
determine the pay of teachers and for the building fund in their
tion. "district for the school year, and for the payment of any
such existing indebtedness, as aforesaid, and report the
same, by their secretary, to the clerk of the county
court, to the county superintendent, and also to the
assessor; and thereupon, it shall be the duty of the said
assessor to extend on his books of assessment for State
and county purposes, the amount of taxes levied as
aforesaid, in two separate columns, the one headed
Assessor's
certificate
basis for
SCHOOL LAW <>F \YKST VIRGINIA 53
"teachers' fund," and: the other "building fund,'' from
which extension the sheriff shall proceed to collect the
same, and shall account therefor as required by law.
Any assessor who shall fail to make out and deliver Fme ^cer-
the certificate mentioned in the forty-third section, and
any .secretary of a board of education who shall fail to
make out and deliver the certificate named in this sec-
tion, shall be fined twenty dollars for the benefit of the
building fund of the district. And any assessor who
shall charge on the assessor's books, as provided in the
preceding section, a greater amount of taxes than is due
from the person charged therewith shall, in such case, if
the overcharge be inadvertently made, be fined double
the amount, and if wilfully made, ten times the amount
of the overcharge, one-half thereof to be applied to the
benefit of the building fund, and the residue to the in-
former.
The fines provided for in this section may be recov- HOW fine
ered, on motion of any citizen of the district, or sub- ^covered.
district, in which such overcharge or delinquency of the
assessor or secretary shall occur or in which the prop-
erty overcharged may be. m\ ten days' notice before
any justice of such district, or by indictment in the cir-
cuit court.
CV. The rate of taxation and levy cannot be dotermiued nnd laid
before the first Monday in July of each year. See form of proceed-
ings at this meeting, in Appendix.
45. It shall not be lawful for the board of education Board must
of any district, or independent school district, to con-
tract for, or expend in any year, more than the aggre-
gate amount of its quota of the general school fund, and
the amount collected from the district or independent
school district levies for that year, together with any
balance remaining in the hands of the sheriff, or collec-
tor, at the end of the preceding year, and such arrear-
ages of taxes as may be due such district or independ-
ent school district.
But in districts wherein there is a town or city with Debt ma be
an enumeraton of youth of school age of three hun- created in
dred or over, the board of education of such district ce
may borrow money and issue bonds therefor for the
purpose of building, completing, enlarging, re'pairing
or furnishing school houses, in such town or city. Said
bonds shall be payable not exceeding ten years from
their date, and the rate -of interest thereon shall not
exceed six per centum per annum, but in no other case
shall any debt be incurred by such board to be paid out
of school money for any subsequent year: Provided,
SCHOOL LAW OF WEST VIRGINIA
the people.
That no debt shall be contracted under this section
which shall, including existing indebtedness, in the
aggregate, exceed five per centum on the value of the
taxable property in said district, to be ascertained by
the last assessment for State and county taxes previous
to the incurring of such indebtedness, nor without at
the same time providing for the collection of a direct
annual tax sufficient to pay annually the interest on said
debt, and the principal thereof, within and not exceed-
ing thirty- four years; and, provided, further, that no
debt shall be contracted under this section unless
all questions connected with the same shall have been
must n be b nds ^ rs ^ SUDm itted to a vote of the people of said district,
voted on by and have received three-fifths of all the votes cast for
and against the same. Such election shall be held and
conducted in the same manner as the general school
election provided for in this chapter.
If the trustees of any district, or any board of educa-
tion shall make any agreement for the employment of a
teacher in violation of this section, or for any other
object concerning free schools under their charge, so as
to occasion thereby the aggregate of the just claims
against the board of education of the district, or inde-
pendent school district, in any year, to exceed its aggre-
gate receipts, as aforesaid, for such year, such board of
education, or trustees, shall be individually responsible
to the teacher, or other person with whom such agree-
ment is made.
The board of education of each district, and indepen-
dent school district, in each county, shall require its
secretary, ten days prior to the first day of July, in each
year, to prepare and post at three places of election
within said district, or independent school district, and
in each school district or independent school district
where the expenditures for all school purposes in any
one school year in said district shall equal or exceed the
slim of three thousand dollars, said board of education
shall also publish in some newspaper of the county
having a general circulation in the district, an itemized
statement, duly sworn to by the president and secretary
of said board, showing all moneys disbursed by said pres-
ident and secretary by orders on the sheriff, or other-
wise, within the school year, last preceding, distinguish-
ing between the teachers' fund and building fund. The
statement shall give the name of each person to whom
an order shall have been issued, and shall state the ob-
ject for which it was given.
Trustees or
board indi-
vidually
responsible.
SCHOOL LAW OF WEST VIRGINIA 55
CVI. The law makes no provision for additional compensation for
the secretary in consideration of making up the statements to be pub-
lished by boards in all districts having an annual expenditure of
$3,000 or more.
CVII. An important case arising upder the provisions of Section
45, was decided by the Supreme Court of Appeals, December 6, 1893.
and is reported in 38 W. Va., p. 382. The syllabus reads as follows :
1. Schools and Schoolhouses Boards of Education Contracts
Construction of statutes.
Under section 45, c. 45, of the Code, the value of a school house
and its site yet unsold, though the board of education intends to sell
it, can not be taken into consideration in estimating the amount of
money available in the fiscal year for contracts and expenditures.
2. ScJiools and Schoolhouses Boards of Education Contracts
Construction of Statutes.
Where a contract between a board of education and contractors for
building a schoolhouse fixes a sum as the contract price, which may
exceed the amount of money available under section 45, c. 45 of the
Code for a fiscal school year, but contains a provision that no liability
shall be imposed by such contract on the board for anything beyond
the sum lawfully available under that section, so as to prevent the
contractors from recovering of the board anything beyond such sum,
the contract is not unlawful under said section, so as to prevent the
board from paying upon it such money as is applicable under said
section.
46. The sheriff or collector of the county shall receive, Duties of
collect and disburse all school moneys for the several 8heriff -
districts and independent districts therein, both that
levied by said district and that distributed thereto by
the State. He shall be required by the county court to
give in addition to his bond as collector of the State and
county taxes a special bond in approved security in a
penalty equal to double the amount of school money
which will probably come into his hands for school pur-
poses during any one year of his term of office, which
shall be made payable to the State of West Virginia,
with one or more sureties deemed sufficient by such
court, and proved or acknowledged before such court
and an order stating such proof or acknowledgment shall
be entered of record by such court.
He shall keep his accounts with the several boards of
education of each district and independent school dis-
trict: one of money belonging to the teachers' fund and
the other of money belonging to the building fund, and
shall credit every receipt and ~ charge every disburse-
ment to the fund to which it belongs. He shall pay out
no money standing to the credit of the board of educa-
tion, except upon an order signed by the secretary and
president thereof, specifying the sum to be paid and the
fund to which it is to be charged; or upon a certified
copy of a judgment, or a decree of a court of justice
against the said board, for a sum of money therein
specified; or upon an order of the county superintend-
ent, as provided in section eight of this chapter.
He shall, on. or immediately before, the first day of
July in each year, settle with the board of education of S't
each district and independent school district, in which boards
56 SCHOOL LAW OF WES.T VIRGINIA
settlement he shall be charged with the amount of taxes
levied by the board of education upon the property of
the district or independent school district, for the teach-
ers' fund and building fund, and to pay any indebted-
ness of the district, and with the amount distributed
thereto from the general State fund, and for any other
moneys received by him during the current year on
account of the free schools of such district or independ-
ent school district; and he shall be credited with the
amount of delinquent school taxes of such district or
independent school district that has been duly returned
by him and certified by the clerk of the county court to
such board of education.
He shall also be credited in such settlement with all
vouchers produced by him, if found to be correct by the
district board of education, and he shall receive no other
credits except his commission as hereinafter provided ;
an account of this settlement shall be made out by each
board of education, naming the district for which it :s
made, with the proper debits and credits which were the
subjects of this settlement. They shall also number all
vouchers with which the sheriff has been credited by
them, and endorse on the back of each the words,- "Set-
tled by B. E." Under this endorsement the secretary of
the board shall sign his name and date of settlement,
sheriff's set- All such accounts and vouchers so endorsed shall then
^e delivered to the sheriff or collector whose duty H
shall be to deliver them to the clerk of the county court,
which accounts and vouchers shall serve as a basis of
the settlement to be made by the sheriff or collector,
with the county court, according to Article XII, and
section 7 of the Constitution, and section fifty-two of
this chapter. If any sheriff or collector shall pay out
in any one year, more money on account of the teach-
ers' fund or building fund than shall have been levied
and could have been collected by him during said year,
together with the amount remaining in his hands from
any preceding year, he shall in such settlement, receive
no credit for such excess.
Sheriff's com- He shall receive no pay for receiving and disbursing
railroad the State school fund, and not more than two per cent,
for receiving and disbursing railroad taxes, and ne pay
for the disbursement of any school money, arising from
the sale of school property or received from any other
source than levies. If he fail to account for and pay
over, as required by law, any money which may come
to his hands, or for which he is liable, judgment may be
recovered therefor against him and his 'securities, with
SCHOOL LAW OF WEST VIRGINIA 57
interest and ten per cent, damages ; and upon the failure
of such sheriff to pav anv proper draft which may be sheriff to en-
,1 T fi j & j j." i XT dorse drafts.
drawn by the said board of education upon him, the
person entitled to receive the sum of money specified m
such draft may require the sheriff to endorse thereon,
or write across the face thereof the words "presented
for payment," with the proper date, and sign the same,
and judgment upon motion therefor may be obtained
against the sheriff before any justice of his county, or
before the circuit court thereof, with interest from the
time said draft was presented and ten per cent, damages,
he having had at least ten days' notice of the motion:
Provided, That no sheriff shall be required to endorse
any school order, nor shall suit be brought on any such
school order prior to the first day of November of the
current school year.
CVIII. Where error is discovered after a settlement has been made
it may be corrected by proper legal proceedings.
CIX. See Code, chapter 41. section 50. as ro penalty for sheriff,
who shall fail or refuse to pay any draft or order lawfully drawn upon
him, under certain circumstances.
CX. Neither the hoard of education as a corporation, nor the
members thereof individually, are liable to a sheriff who has naid out
more in any year, on account of the teachers' fund, than has been
levied and could have been collected by him during such year, together
with the amount remaining in his hands from any previous year.
Alfred Caldwell, Attorney-General.
CXI. School orders shall be received at par value in payment of
taxes, county and district levies, militia fines and officers' fees, etc.
See section 16, chapter 41, Code.
CXII. There, is no law providing for the payment, by boards of
education, of fees to county clerks for preparing abstracts of sheriffs'
settlements as required by section .">L'~t or certifying delinquent lists to
boards of education, as required of him by this section, or for certi-
fying the value of real estate to said boards as he is required to do
by section 43. This work is a part of his duty as a county officer,
for which he is paid a salary out of the county treasury by the county
court.
47. The delinquent lists for district levies shall be re-
turned and real estate sold therefor, as hereinafter pro-
vided.
Such lists of delinquent lands shall be in form, or in
substance, as follows:
"List of real estate in the district of , in the coun-
ty of , delinquent for the non-payment of school
taxes tl]civon for the rear :"
58
SCHOOL LAW OF "WEST VIRGINIA
.&
fcc
a
a
Q
c s
0.
Name of Person
Estate held.
'O
"o
'-3
I
Description and 1
tion of land.
Distance and bea
from courthoui
Teachers' fund.
Building fund.
Special levy.
Why returned d
quent.
The delinquent lists of personal property shall be in
form or in substance as follows :
"List of personal property in the district of - , in
the county of - , delinquent for non-payment of school
taxes thereon for the year : ' '
! li
! If?
T3
' .S
c
rQ
Name of Person
5
D
gj
G
gg.
I!
X
3
J3
o
3
6*
fl
is
"3
i
^1
1
s*
8
EH
3
PQ
o,
cs
And the sheriff or collector returning such lists shall,
at the foot thereof, subscribe the following oath: "I,
A - B , sheriff," (deputy sheriff or collector), of
the county of - , do swear that the foregoing list is,
I verily believe, correct and just; and that I have re-
ceived 110 part of the taxes for which the real estate (or
personal property, as the case may be), therein mentioned
is returned delinquent, and that I have used due dili-
gence to find property within my county liable to dis-
tress for said taxes, but have found none. ' '
Property lists; 48. The said lists shall be returned to the county court,
)f ' before the first day of July in every .year, and a list of
real estate shall be examined, corrected and allowed by
said court, and a copy thereof certified to the Auditor,
and another copy to .the assessor for future use in mak-
SCHOOL LAW OF WEST VIRGINIA 59
ing out the next land book. The list of personal prop-
erty shall also be examined, corrected and allowed by
the court, and the amount thereof so allowed, together
with the amount allowed of the list of real estate, shall
be certified by the clerk of said court, to the secretary
of the board of eduqation of the proper district. The
original list shall be preserved by the clerk of said court
in his office.
CXIII. Secretaries should see to it that clerks of the county courts
furnish them witn these lists before the first Monday in July, as
required by law.
49. The auditor shall include the school taxes on real Delinquent
estate so returned delinquent, in his list to be furnished lands,
the sheriff for sale for delinquent taxes.
50. There shall be a lien on all real estate for the dis- Lien on real
trict levies assessed thereon, from the day fixed by law estate for
for the commencement of the assessment of taxes therein
for each year, and interest upon such levies at the rate
of six per cent, per annum, from the twentieth day of
January in the year following that in which the assess-
ment is made, until payment.
51. A copy of the list of personal property, returned List of per-
delinquent for the non-payment of district levies, shall, ty*retu?ned er "
be placed by the clerk of the Bounty court in the hands delinquent,
of the sheriff or collector for collection, to be collected
and accounted for by him, in the same manner as for
levies originally placed in his hands for collection; and
he may collect such levies by distress or otherwise, at
any time within two years after they are so placed in his
hands.
52. Every sheriff or collector shall be allowed five ^enff^om-
per centum commissions on the collection of all district district taxes,
levies for free school purposes. In addition to the settle-
ments required to be made with each board of a district,
every sheriff or collector of school moneys shall also
make annual settlements, by districts, with the county
court of his county, at its next term after the first day
of July of each year, showing the amount of all moneys
received ;uid disbursed by him for the preceding year
for school and building purposes from State and from
the district and independent school district funds, and
the amount due to each district; which settlement shall
be made a matter of record by the clerk of said court,
in a book to be kept for that purpose. All accounts
and vouchers required to be returned to the clerk of the
county court by section forty-six .of this chapter, shall
be filed by said clerk in his office, and the file of each
district shall be kept separate.
60
SCHOOL LAW OF WEST VIRGINIA
ments 8ettle ~
Prosecuting
Attorney
shall take
action.
Members pf
board fined
If an y sheriff or collector of school moneys shall fail
^ ma ^ e ^ e settlement required by this section at the
time required, without reasonable cause therefor, he
shall forfeit fifty dollars to the general school fund, ami
a like penalty shall be incurred by him for each subse-
quent term of the court that shall pass without such
settlement. And the sheriff or collector shall moreover,
be charged with twelve per cent, interest on all school
monej^s in his hands for the time he is in default in mak-
ing the settlement required in this section, which inter-
est shall be charged up against him when the settlement
shall be made.
When the sheriff or collector shall fail to make this
settlement at the time required herein, it shall be the
duty of the prosecuting attorney to proceed by action
against him and his securities in the circuit court, to
recover the fine imposed upon him by this section.
Every sheriff or collector shall, moreover, be liable to
any person injured in consequence of his failure to make
the settlement herein required. This settlement shall
extend back to the commencement of the term of office
of such sheriff or collector.
If any board of education fail to make the settlements
required by section forty-six of this chapter, with the
sheriff, when requested by him to do so, each member
of such board so failing or refusing shall be fined twenty
dollars, for the benefit of the school fund.
The clerk of the county court shall transmit an
abstract of the settlement to the State Superintendent of
Free Schools within ten days after the same has been
made.
And the retiring sheriff shall within sixty days after
he shall .have made his final settlement in the manner
herein provided, pay and turn over to his successors in
office such balances as may be shown due from him by
said settlements upon such order as is prescribed by sec-
tion forty-six of this chapter, and if he fail to do so, he
shall be liable to the forfeit and penalty herein pre-
scribed.
county super- 53. The county superintendent of schools shall be a
qualification person of good moral character, of temperate habits, lit-
and salary of. erai y acquirements and skill and experience in the art of
teaching, and he shall not teach in any school, public or
private, during his term of office. He shall receive for
his services an annual compensation, as follows : In
counties having not more than fifty schools, three hun-
dred dollars; in counties having more than fifty and not
more than seventy-five schools, three hundred and fifty
. LAW OK \\"KST VJKCJIXIA 61
;irs; in counties having more than seventy-five and
not more than one hundred schools, four hundred and
twenty-five dollars, and in counties having' more than oiu-
hundred schools, five hundred dollars, which salary shall
be paid ratably for any shorter term of service than one Forfeit for
year. Provided, however, that the county superintendent failure to
shall report on oath to the State Superintendent the num- '
ber of schools he has visited during the year/ in compli-
ance with section fifty-four, chapter forty-five of the
Code of West Virginia,. and the State Superintendent of
Free Schools in paying the said county superintendent
as required by this section shall deduct three dollars from
the salary of the said county superintendent for each and
every school within his county that the county superin-
tendent did not visit.
Such compensation shall be paid quarterly upon orders
drawn by the county superintendent on the State Super-
intendent of Free Schools, who shall upon receiving the
same, draw his warrant upon the Auditor therefor, pay-
able to the said county superintendent, or to such person
as he may direct. But the payment of the fourth quar-
ter shall not be made until the county .superintendent has
made the reports to the State Superintendent of Free
Schools required by section 22, of this chapter and for F f jt f
e\vry day after the first day of September before the re- delay in 01
ceipt of these reports the State Superintendent shall de- rcport8 -
duct three dollars from the salary of the county superin-
tendent, unless said reports are delayed by sheriffs' set-
tlements or reports from secretaries of boards of educa-
tion. The salary of the county superintendent shall be
paid out of the general school fund, but the amount
thereof shall be deducted by the Auditor from the amount
next to be distributed to each county.
As a further means of improvement among teachers. {^.'
tin* county superintendent shall arrange for and conduct
district institutes, or teachers' round tables, one or more
to be held in each district of his county within the school
year, and at such time and place as is most convenient
for the teachers. Boards of education shall allow the
teachers of their respective districts at least one day 's p a >- for one
pay in each school year for their actual attendance upon
said district institute, such day to be counted as if spent
in teaching, and as a part of the school term. The
county superintendent shall certify to the secretary jf
each board of education the attendance of teachers at the
different district institutes, and credit shall be allowed
for the one day's attendance herein provided for, in the
school month in which said institute is held. Provided.
day's attend-
ance.
62
SCHOOL LAW OF WEST VIRGINIA
Bond of
LTXr"'* 6 duties
Vacancies:
how filled.
County su-
perintendent
to visit
schools.
That no teacher shall be allowed such pay unless he has
been regularly employed by the trustees or board of edu-
cation.
The county superintendent shall, before entering upon
his office, execute a bond, conditioned ac-
cording to law, before the county court of his county,
or the clerk thereof in vacation, in the sum of one thou-
sand dollars, with approved security upon which bond
he shall be liable in any court having jurisdiction, to any
person or persons, or to any board of education for losses
sustained by reason of his neglect, or non-performance
of duties imposed by this chapter. Said bond shall be
filed in the office of the clerk of the county court, who
shall within five days, certify to the State Superintend-
ent of Free Schools the name of said county superin-
tendent and his postoffice address : Provided, That the
county superintendents heretofore elected shall continue
in office until their successors shall have been elected and
qualified under this chapter.
A vacancy in the office of county superintendent shall
be filled for the unexpired term by presidents of the
boards of education in the county, at a meeting to be
called for that purpose by the clerk of the county court
at the court house of the county, within thirty days after
the vacancy occurs. A majority of said presidents shall
be necessary to constitute a quorum at such meeting.
CXIV. County superintendents must make their reports to the State
Superintendent full and complete before making requisition for last
quarter's salary: and the State Superintpndpnt must seo *-o it that
said report is full and accurate before issuing his requisition upon
the Auditor for said last quarter's salary of county superintendent.
CXV. The offices of county superintendent and of notary public are
not incompatible.
CXVI. The county superintendent should not pay the secretaries
until he has examined their books and found them correct. If he does
this he violates the plain provision of law as set forth in section 8
of this chapter.
CXVI I. The salary of the county superintendent depends on or is
regulated by the number of schools, and I have no doubt that if the
number of schools increase so as to increase his salary durins; his term
of office he is entitled u> such increased salary. T. S. Riley, At-
torney-General.
CXVIII. Teachers cannot claim pay for attendance at district in-
stitutes held on Saturday for that is not a legal school day. It would
also increase their salaries without warrant of law. Romeo H.
Freer, Attorney-General.
54. The county superintendent shall visit each school
within his county, at least once in each school year, at
such time as he may deem necessary and proper, and
note the course and method of instruction and the
branches taught and give such directions in the art of
teaching, and the method thereof in each school, as to
SCHOOL LAW OP WEST VIRGINIA 63
him shall seem necessary or expedient, so that the uni-
formity in the course of studies and methods of instruc-
tion employed shall be secured., as far as practicable, in
the schools of the several grades, respectively.
He shall acquaint himself, as far as practicable,, with
the character and condition of each school, noting any
deficiencies that may exist, either in thej^overnment of
the school, the classification of its scholars, or the
method of instruction employed in the several branches,
and shall make such suggestions in private to the teach-
er, orally or by writing, as to him shall appear to be
necessary to the good order of the schools and the pro-
gress of the scholars. He shall note the character and
condition of the school houses, the sufficiency or insuf-
ficiency of their furniture and fixtures, and shall make
such suggestions to the several boards of education and
trustees as in his opinion shall seem conducive to the
comfort and progress of the scholars in the several
schools.
55. It shall be the duty of the county superintendent {^^ntt!' 3
to aid the teachers in all proper efforts to improve them- tutee.
selves in their profession. For this purpose, he shall
encourage the formation of county institutes for mutual
improvement; shall attend the meetings of said institutes
whenever practicable, and give such advice and instruc-
tion, in regard to their conduct and management, as in
his judgment will contribute to their great efficiency.
In connection with superintendents of the adjoining
counties, each county superintendent shall encourage the
formation of union institutes; shall attend and partici-
pate in the exercise of the same, as far as practicable;
and shall use all proper means to improve the efficiency
of the teachers and to elevate their profession.
He shall at all times conform to the instructions of
the State Superintendent of Free Schools, as to the mat-
ters within the jurisdiction of the said Superintendent,
and shall serve as the organ of communication between
him and the several district boards of education. He
shall distribute from his office all blanks, circulars, copies
of school laws and other communications from the State
Superintendent to the several boards and persons en-
titled to receive the same.
56. In addition to the reports mentioned in the twenty- county
second section, it shall be the duty of the county super-
intendent to make out and transmit to the State Super- port,
intendent of Free Schools a detailed report of the condi-
tion and character of the schools within his county, not-
ing all deficiencies and suggesting their remedies, with
64: SCHOOL LA'W OF WEST VIRGINIA
such remarks upon the operations of the school laws as
his experience and observation may suggest, pointing-
out wherein he considers them deficient. He shall also
report such districts as have failed to make returns of
the enumeration of youth as required in the nineteenth
section of this chapter ; and also those districts that have
failed to make the levy required in section forty. It
shall be the duty of the county superintendent to make
in a well bound book to be kept for the purpose, a record
of all his proceedings; of all certificates ussued by the
board of examiners, and of all reports made by him,
which book shall be the property of the office; and all
outgoing county superintendents shall make the report
required for each year of their service.
CXIX. The law as laid down in section 56, is explicit in requiring
a written report of the condition of the schools and school work over
which they have supervision. Blank pages are found in the county
superintendent's 'annual report" and the same should be properly
filled.
School officers 57. No school officer, or teacher of any free school, shall
not tolSfas act as agent for any author, publisher, bookseller, or other
agents. person, to introduce or recommend the use of any book,
apparatus, furniture, or other article whatever, in the
free schools of this State, or any one or more of them,
or directly or indirectly contract for or receive any gift
or reward for so introducing or recommending the same ;
nor shall such person be otherwise interested in the sale,
proceeds or profits of any book or other thing used, or
to be used in said schools : Provided. That nothing
herein shall be construed to apply to any book written,
or thing invented by such person, or to merchants who,
in connection with their business, may desire to sell
school books or other things used in schools. Provided,
further. That the same are embraced in the prescribed
series.
CXX. It is not a violation of law for the teacher to order for
the pupils of his school, they furnishing the money, the lawful con-
tract school books they need, at the contract price, either by mail or
express. The teacher would violate the law, however, if he took any
profit, or in any sense became an agent or dealer in school books.
board 1 1>o k ^ r -h ere ^ hereby established in every county of this
State a school book board, to be composed of the county
superintendent of the county, who shall be a member
and the secretary of the board and eight other reputable
citizens and taxpayers of the county. At least four of
the eight shall be freeholders and not school teachers,
and at least three shall be persons actively engaged as
teachers in the schools of the county, and shall hold a
teacher's number one certificate or its equivalent. Not
more than five of said eight shall belong to the same
SCHOOL LAW OF WEST VIRGINIA 65
political party. The said eight persons shall be ap-
pointed by the county court. The term of office of each
of said members shall be four years and until their sue- term of office,
lessors are appointed, beginning on the first day of July
next after their appointment. Said appointment shall
be made on or before the fifteenth day of June, one when
thousand eight hundred and ninety-seven, and in every ai
fourth year thereafter on or Before the fifteenth day of
July, and the term of office of those appointed after the
first appointment (except appointments to fill vacancies)
shall begin on the first day of August next after their ap-
pointment, and continue four years and until their suc-
cessors are appointed. They shall receive as compensa- Compensa-
tion for their services the sum of two dollars per day for
each day they shall be in session as a board, and shall not
receive pay for more than two days in any one year, which
compensation shall be paid out of the county treasury.
Vacancies in said board shall be filled for the unexpired vacancies,
term in the same manner as the original appointment
was made. Five members shall constitute a quorum, Quorum
but a smaller number may adjourn from day to day
until a quorum appears. Every person so appointed
shall, before entering upon his duties, take an oath that
he will support the Constitution of the United States and
the Constitution of West Virginia, and that he will
faithfully discharge the duties o his office. A certifi-
cate of every such oath shall be filed with and preserved
by the clerk of the county court.
II. The secretary shall keep a record, in a book pro- secretary,
vided for the purpose, of the transactions of every meet-
ing of the board, and shall record the names of the mem-
bers voting for and against every proposition to adopt
any text-book; which record shall be open to the inspec-
tion of any citizen of the county.
III. Immediately after the appointment of said board,
in the year one thousand eight hundred and ninety-seven,
it shall be the duty of the county superintendent to com-
municate with the publishers of text books, inviting the
submission by such publishers of samples and prices of
their books. When such samples and prices have been
obtained, it shall be the duty of said board to meet at
the county seat on or before the first Monday of August, Fir8t meeting.
one thousand eight hundred and ninety-seven, on the
call of the county superintendent, and organize by
choosing one of their number president. Said board
shall then proceed to select and adopt one text book, or
a series of text-books, on each subject required to be
taught in the free schools of the State, and not provided
66
SCHOOL LAW OF WEST VIRGINIA
Retail price,
&c.
Secretary to
report.
Meeting be-
fore expira-
tion of
contract.
County Su-
perintendent
to call
meeting.
for by contract under chapter thirty-seven of the Acts
of one thousand eight hundred and ninety-five, for a
term of five years, due reference being had to the char-
acter of the books and the terms offered. It shall
require the affirmative votes of five members of the
board to adopt such book, or series of books, at said
first meeting.
IV. In making selection of text-books, at any time, it
shall be the duty of said board to procure the "best possi-
ble terms for exchange and introduction and for the
regular supply of. the books for a term of five years, and
they are hereby empowered to fix the retail price at
which such adopted books shall be sold after the exchange
and introduction have been effected, but such permanent
retail price shall not exceed twenty-five per cent, advance
on the net contract price.
V. Said board shall, upon making an adoption of any
text-books, decide upon the date when such adoption
shall go into effect. The secretary shall send to the
State Superintendent of Free Schools, and to all the
boards of education in the county, notice of the names
of the books adopted, the prices fixed therefor, and the
date fixed for their introduction and use in the schools
of the county.
VI. At least six months before the expiration of the
contract made under provisions of chapter thirty-seven
of the Acts of one thousand eight hundred and ninety-
five, it shall be the duty of the State Superintendent to
notify the county superintendent of .every county of the
date of the expiration of such contracts and the name
of the text-books thereby affected; and it shall be the
duty of said board to meet upon the call of the county
superintendent, at least three months before the expira-
tion of any such contract, and adopt one text-book, or
a series of text-books, on each subject contracted for
under said chapter thirty-seven of the Acts of one
thousand eight hundred and ninety-five, for a term of
five years. On the call of the county superintendent,
the board shall meet in regular session at least three
months before the expiration of any contract made un-
der the provisions of this act, and select the necessary
books to be used for the succeeding term of five years.
If any publisher shall fail or refuse to furnish any book
contracted for under the provisions of this act, it shall
be the duty of the said board, on the call of the county
superintendent, to meet and select books to be used in-
stead of those which said publishers have failed or re-
fused to furnish. But no books shall thereafter be
SCHOOL LAW OP WEST VIRGINIA 67
adopted of a publisher who shall have failed or re-
fused to fulfil his contract with any board In the State,
and the name of any such publisher shall be furnished
by the secretary of said board to the State Superintend-
ent of Free Schools, and the State Superintendent shall
communicate the same to every county superintendent.
VII. No text-book or series of text-books, on any one Present con-
subject now contracted for under said chapter thirty- r imai
seven of the Acts of one thousand eight hundred and force>
ninety-five, or that shall be contracted for under the
provisions of this act, shall be changed for another or
different book or series of books except by the affirma-
tive votes of five members of the board: Provided,
That no change in the text-books contracted for under
the provisions of said chapter thirty-seven of the acts
of one thousand eight hundred and ninety-five shall be
made until the expiration of such contracts, unless for
failue of the contractor. And not more than one book
or one series of books on one subject, shall be changed
in any one year, except by the affirmative votes of six book ^
members, and except as provided in section three : Pro- except!
videdj That in case of failure of a publisher to comply
with his contract, the board may, by the affirmative vote
of five members, adopt other books in place of those con-
tracted for.
VIII. After the adoption of any text-books the board who may se
shall contract wilth the publishers proposing the same, b(
to supply said books in sufficient quantities, for a term
of five years, beginning on a date to be stated in the
contract, to every board of education, depositary, agent
of said school book board or of said board of education,
or to any dealer or other person of the county, at the
prices named in this contract, and free on board the cars
at the place of publication or other place (which place
shall be named in such contract) ; and that said books
shall be equal in binding, typography, and in all other
respects to the samples furnished; and that no changes
shall be made in said book during the life of the con-
tract. In such contract shall be stated the accurate title
of every book therein contracted for, the name of the '
author and of the publisher thereof, and the agreed ES$? of
price or prices thereof. Forms of such contract shall
be prepared by the State Superintendent of Free
Schools and furnished to each county superintendent.
Every dealer or publisher entering into such contract,
shall furnish to the county superintendent a sample copy
of each book contracted for, and the county superintend-
ent shall attach to each of said books a label bearing
68
SCHOOL LAW OF WEST VIRGINIA
Bond of
publisher.
No school
officer act as
agent.
Depositaries.
Bond of
Depositary.
Depositary
to keep
books.
thereon : * ' Sample copy contracted for with k .
on the day of 189. .
, County Superintendent."
IX. Every publisher entering into contract with any
board under the provisions of this act, shall, within
thirty days thereafter, give a bond, in the penalty of
ten thousand dollars, to be approved by the Governor
and deposited with the State Superintendent of Free
Schools, conditioned for the faithful performance of
every such contract made by such publisher theretofore
or thereafter with any such board.
X. No member of said board shall serve, directly or in-
directly, as the agent for any publisher in school books
competing for adoption under the provisions of this act,
or be personally interested in any school book, and no
teacher nor school officer shall act as agent for any school
book.
XI. At the first meeting after the thirtieth day of
June, one thousand eight hundred and ninety-seven, the
board of education of any district in this State may (at
their option) appoint one or more depositaries in each
district, and when practicable one or more depositaries
at or near each postoffice, who shall keep at all times a
sufficient supply of text-books to supply the free schools
of the neighborhood. Bach depositary shall execute a
bond in the penalty of double the value of the books
which he will probably have on hand at any time, but
in no event of a less penalty than one hundred dollars;
which bond shall be approved by the board of educa-
tion and filed with the secretary thereof. The board of
education may discharge any depositary at any time,
and require him to deliver the books in his possession
to such person as the board may name, and require the
depositary to settle his accounts and pay over to the
sheriff any balance in his hands on or before a date
named by the board.
XII. Each depositary shall, on or before the first day
of .September in each year, unless the board of educa-
tion shall name an earlier date, make out a list of the
text-books, in sufficient quantity in his judgment
to supply the schools in his neighborhood for a
period of six months, and from time to time thereafter
each depositary shall make out additional lists of such
books, so that he may at all times have a sufficient sup-
ply on hand ; such lists, when approved by the board of
education, or the president thereof, shall be signed by
him and the secretary thereof, and by the secretary for-
warded to the address of the publishers of the books
therein named.
SCHOOL LAW OF WKST VIRGINIA 69
XIII. It shall be the duty of said publishers promptly ^ k 1 B ce of
to forward the books therein named to such depositary,
and to make out two invoices or bills therefor, one of
which shall be forwarded to the depositary and the other
to the secretary of the board of education. The board
of education shall supply the secretary with a proper
book in which to keep the accounts of all the deposi-
taries in the district. On the receipt of each invoice the
secretary shall charge the amount thereof against the
depositary receiving the books therein named, in said
account book, and file or preserve the invoice or bill.
If there be any error in such invoice or bills, the depos-
itary receiving the same shall promptly notify the pub-
lisher making the same; and if such publisher fail to
correct such error within twenty days thereafter, such
depositary shall notify the secretary of the board of
education thereof, and the board of education shall
investigaio the same and take such action therein as may
be proper and just. Eeach depositary shall pay to the p aym ent to
sheriff of the county, at the end of each thirty days, or the.sheritt.
oftener if required, and whenever required by the board
of education, the amount received by him from the sale
of such text-books since his last previous payment, less
his commission (to be fixed by the board of education De osltar v
and not to exceed fifteen per cent, on the amount of commission? '
such sales), and the amount paid by him for transporta-
tion chnriics on such books; provided. That each state-
ment of charges to the sheriff shall be accompanied by
all the transportation bills paid by said depositary. The
sheriff shall duplicate receipts therefor to such deposi-
tary, wherein shall be stated the total amount of such
sales and the amount paid by such depositary to the
sheriff, one of which receipts shall be filed by such
depositary with the secretary of the board of education,
and upon receiving the same said secretary shall credit
the account of said depositary with the amount appear-
ing thereby to have been so paid by him to the sheriff
and the amount paid for transportation charges, and the
amount of said commission by separate items, and said,
secretary shall charge against the account of the sheriff,
which he is hereby required to keep, the amount paid
by such depositary to such sheriff, to be accounted for
by the sheriff in his annual settlement with the board
of education. The amounts received from the sales of
such books shall be credited to the building fund of the
district.
XIV. The board of education of each district shall Board of
be liable in its corporate capacity for the whole amount Haw?. *
70
SCHOOL LAW OF WEST VIRGINIA
of all such text-books furnished to the depositaries in the
manner hereinbefore prescribed, and shall within sixty
days from the date of any invoice or bill of text-books
supplied by the publishers thereof to any depositary in
the district in the manner prescribed in the preceding
section, cause an order to be issued in favor of such
publisher, payable out of the building fund of the dis-
trict, and cause such order to be forwarded by mail T,O
such publishers. On presentation of such order to him
the sheriff shall pay the amount thereof to fhe party
entitled to receive the same, if there be in his hands suf-
ficient funds due the building fund of said district; but
if the sheriff have not sufficient of such funds to pay
the same, he shall endorse on the back thereof the
words "Presented for payment," with the date of such
presentation and said order shall draw interest from
that date.
If the Sheriff shall fail or refuse to pay such order
when he has funds in his hands, or should by law have
the same, with which to do so, he shall be liable as pro-
vided in section forty-six of chapter forty-five of the
Code.
XV. The board of education shall pay the cost of such
books and the amount of charges for transportation out
of the building fund of the district, and shall lay an
annual levy for the same upon the taxable property of
the district in the manner and at the time that other
levies are laid for said fund, and if at any time any
scholar or scholars should remove from the county into
another county in which a different book, or series of
books, or different books have been adopted, the board
of education of any district are authorized to purchase
from such scholar or scholars with money from the
building fund and at a fair valuation, such book or
books or series of books as may not be adopted in the
county to which they may remove: Provided, That the
provisions of this section shall not apply to districts in
which no depositary shall be appointea.
XVI. The board of education may remove any deposi-
depositary. t arv j n hi s district at any time, and appoint another in
his stead; may require him to execute a new bond, or
additional bond, whenever in their opinion they shall
deem it necessary, and may cause to be made at any time
an invoice of the text-books in the possession of any such
depositary. It shall be the duty of every depositary
whenever the board of education shall order, to turn
over to his successor or such other person as the said
board may name, all text-books in his possession.
Books paid
building f
SCHOOL LAW OF WEST VIRGINIA 71
XVII. Every depositary shall receive from any resi- B ookein
dent of his district copies of the books, that may at any exchange,
time be superseded by adoption of other books in their
stead, at the contracted exchange allowance of such super-
seded books, to be applied on payment of adopted
books. Each depositary shall turn over such superseded
books to the board of education at such times as the
board may direct, and shall receive credit on his account
for the value thereof. Such superseded books shall be
held by the board of education subject to the orders of
the publishers thereof, for a period of not -longer than
three months.
XVIII. If any teacher in a primary or graded school
of the free school system of this State use, or cause to
be used in such primary or graded school, any text-
books not authorized in place of an authorized book,
then the county superintendent shall apply to the board
of education for an order signed by said board, directed
to such teacher, requiring the use of such unauthorized
text-book to. be discontinued ; and if any teacher shall
disobey any such order issued by said board of educa-
tion, such teacher shall forfeit the sum of fen dollars for
each such offense, and it shall be the duty ot the board
of education of the district where said teacher is em-
ployed to retain that amount out of the salary of said
teacher, which amount so forfeited shall be paid into the
teachers' fund of such district.
XIX. Any publisher, school officer, depositary, Misdemeanor,
dealer, teacher or other person, violating tlje provisions
of this act, shall be guilty of a misdemeanor, and, on
conviction thereof, shall be fined for each offense not less
than five nor more than fifty dollars.
XX. Nothing contained in this act shall be construed Acts repealed.
as changing or modifying the contracts heretofore made
with publishers of text-books under authority of chap-
ter thirty-seven of the Acts of one thousand eight hun-
dred and ninety-five ; and all acts, or parts of acts, com-
ing within the purview of this act and inconsistent there-
with, are hereby repealed. . .
(."Sb Passed Feb. 27. 1903.)
I. The boards of education throughout the State Free text
may, out of the building funds of their district, purchase books -
the necessary prescribed text-books to .be used "By the
pupils of the several schools therein under their control. 1
II. In any district where the board of education de- Books to be
termines to purchase and furnish to the pupils of their k |P*
schools such free text books', they shall enter an order
72
SCHOOL LAW OF WEST VIRGINIA
secretary to
deliver books
to teachers.
Teachers to
exercise gen-
eral control
over books
during- term.
Pupils to re-
place books
unnecessarily
destroyed.
Secretary's
remunera-
tion.
Fines for
violations.
upon their records to that effect and shall cause said
books to be kept in charge by the secretary of such board
and furnished to the school children of their district as
hereinafter provided.
III. At the commencement of every term of school in
such district the secretary shall deliver to the teachers of
the several schools of the district such books as may be
necessary for the use of the several pupils therein for the
ensuing term of school and take from them a receipt .show-
ing the number and kind of books 'so received. It shall
be the duty of such teachers to take charge of such books
and to distribute the same among the several pupils of
their schools as they may from time to time need the same,
and said teachers shall have and exercise general control
of said books during such term and at the close thereof
shall collect and gather together all the books so used
during the term and deliver the same to tHe secretary of
the board of education. Provided that if any of the
books so delivered to any pupils of such district shall be
unnecessarily injured or destroyed, the same shall be re-
placed by the pupils who so injured or destroyed them.
IV. All such books shall be purchased by the board
of education directly from the publishers contracted with
as prescribed by law and at the net contract price, Pro-
vided, That such text books as are now in tHe possession
of pupils shall be used by them so long as they ? ^e suit-
able for such use.
V. The secretary for his services in this matter shall
receive a compensation in addition to his salary as such
secretary a sum not exceeding fifty dollars ($50.00) per
year.
59. If any officer or teacher, fail to perform any duty
required of him by this chapter, or violate any provis-
ion thereof, and there is no other Sue or punishment
imposed therefor, by law, he shall be fined not less than
three, nor more than ten dollars, for every such offense,
to be recovered before a justice of the peace of the
county; and such fine shall not impair or affect his lia-
bility for damages to any person injured, nor the lia-
bility of himself and sureties on his official bond. If the
board of education of any district or independent school
district, fail to perform any duty required by this act,
each member of such board shall be liable to the full
penalty imposed by this section, unless he show that he
was not guilty of any neglect or default in the premises.
60. For the support of free schools, there shall l)e a
state tax levied, annually, of ten cents on the one hun-
dred dollars ' valuation on all the real and personal prop-
SCHOOL LAW OF "VVEvST VIRGINIA 73
orty of the State, which . together with the interest of
the invested school fund, the net proceeds of all forfeit- state school
ures, confiscations and fines which accrued to the State
during the previous year, the proceeds of the annual
capitation tax, dividends on bank stock held, by the
board of the school fund, and the interest accruing on
stocks invested in United States bonds, shall be set apart
as a separate fund to be called "the general school
fund," and shall be annually applied to the support of
free schools throughout the State, and to no other pur-
pose whatever. It shall be distributed to the several
counties in the State in proportion to the number of schoo? 1
youth therein, according to the latest enumeration made Fund -
for school purposes : but the Auditor shall first deduct
therefrom the aggregate salary of the State Superin-
tendent of Free Schools, and the necessary traveling
and contingent expenses of his office, together with such ,
other sums as may be required to be paid by him out of
the general school fund. Fifty per cent, of this dis-
tributable sum shall be paid on the fifteenth day of Sep- ^ t e r n ibuted .
tember, and the remainder on the fifteenth day of De-
cember, of each year, and in the manner provided in the
sixty-first section of this chapter.
61. Ii shall be the dutv of the Auditor, 011 or before
the tenth day of June, in each year, to ascertain the
amount which is distributable among the several conn- distributing
ties as aforesaid, and notify the State Superintendent of 6 8C
Free Schools thereof, who shall thereupon ascertain the
proper >harc of each county and notify the Auditor and
each county superintendent, also, the amount deducted
hv the Auditor from the share of his county on account
of salary paid the county superintendent, as required by
section fifty-four, which amount the county superintend-
ent shall also deduct from the share of His county before
making his distribution of the same among the several
districts thereof.
Upon receiving such notice, the county superintend- County su-
ent shall ascertain the proper share of each district, and
independent school district, of his county, according
the number of youths therein, and give notice to the
board of education of each district, and independent
school district, in the county, of the amount of the
general school fund due each, respectively, and that the
same cannot be drawn by them until they have made the
levy required by the fortieth section of this chapter.'
62. Upon being officially notified by the secretary of
the board of education, in the manner provided for in
the forty-fourth section of this chapter, that the board
74
SCHOOL LAW OF WEST VIRGINIA
Requisition
education has authorized the levy ?or school purposes,
on Auditor, the county superintendent shall issue his requisition on
the Auditor, payable to the order of the sheriff of his
county for the amounts due such districts as may have
made the levy aforesaid, which shall be paid in two
equal installments, payable on the fifteenth days of
September and December, respectively; whereupon the
Auditor shall issue his warrant upon the Treasurer in
favor of the sheriff for the amount of such requisition,
indicating in writing upon said warrant the depositary
upon which the same shall be drawn; and the Treasurer
shall thereupon be authorized and required to draw his
check upon the said depositary for the said amount.
The requisition of the county superintendent shall be
in form or in substance as follows:
Form'of OFFICE OF THE COUNTY SUPERINTENDENT OF FREE
requisition. SCHOOLS,
County of , the day of , 18 .
State Super-
intendent.
Auditor of West Virginia:
Pay to the order of
county, dollars,
, sheriff of
the amount of State school
fund apportioned to the district (or independent school
district) of , in said county for the year 18.
And I hereby certify that said district (or independ-
ent school district), has made the levy required by law,
for school purposes, and that said sheriff has given the
bond required by law.
A B , County Superintendent of
Schools.
CXXI. Sections 42 and 61 prohibit any district or independent
school district from receiving its proportion of the State school fund,
until it has laid the local levy required by section 40. County super-
intendents should inform the Auuitor if a district votes down the levy
that he may act in compliance with section 42.
63. There shall be elected a State Superintendent of
Free Schools for the State, whose term of office shall be
the same as that of the Governor. He shall be a person
of good moral character, of temperate habits, of literary
acquirements, and skill and experience in the art of
teaching. He shall receive annually the sum of one
thousand five hundred dollars in payment for his ser-
vices, to be paid monthly out of the school fund upon the
warrant of the Auditor. If in the performance of any
duty imposed, upon him by the Legislature, he shall in-
cur any expenses, he shall be reimbursed therefor.
Provided, The amount does not exceed five hundred dol-
lars in any one year.
SCHOOL LAW OF WEST YIRGINIA 75
64. The State Superintendent shall reside and keep state Super .
his office at the seat of government. He shall provide Uttewtemt.
a seal for his office, and copies of his acts and decisions,
and of papers kept in his office, authenticated by his
signature and official seal shall be evidence equally with
the original. He shall sign all requisitions on tne Audi-
tor for payment of money out of the State treasury
for school purposes, except as hereinafter provided.
65. The State Superintendent shall be charged with ttetfsS'per-
the supervision of all county superintendents and free intendent -
schools of the State, and see that the school system is
carried into effect. He shall prepare and transmit to
the county superintendents instructions how to conduct
the elections prescribed in this chapter, to keep and
transmit the official records and ballots tEereof, and the
manner of ascertaining and announcing the results, so
as to conform the same to the provisions ol this chapter,
and also to such provisions of the general election laws
of the State as may not be inconsistent therewith; he .
shall prescribe and cause to be prepared all forms and
blanks necessary in the details of the system, so as to
secure its uniform operation throughout the State, and
shall cause the same to be forwarded to the several
county superintendents, to be by them distributed to the
persons entitled to the same. He shall cause as many
copies of this chapter and other school laws in force with
such forms, regulations and instructions as lie may judge
expedient, thereto annexed, to be from time to time
published, as he may deem expedient, and shall cause
the same to be forwarded to the county superintendents,
to be by them distributed to the persons entitled to re-
ceive them.
66. It shall be the duty of the State Superintendent guties of
,. i , / f i \ .1 State Super-
to aim at perfecting the system of free schools as estab- intendent.
lished in the State: and for this purpose it shall be his
duty to correspond with educators and school officers
abroad, to acquaint himself with the various systems of
free schools established in other _states and countries,
collate the results as exhibited in tEe reports of their sev-
eral superintendents, and to use all efforts necessary to
enable him to render available the combined results of
the experience of other communities with his own expe-
rience and observation.
He shall acquaint himself intimately with the peculiar
educational wants of each section of the State, and* shall
take all proper means to supply them, so that the
schools shall be as nearly as possible equal and uniform
in grade throughout the State. He shall acquaint him-
76 SCHOOL LAW OF WEST VIRGINIA
self with the different systems and methods of instruc-
tion which may be introduced among educators, and
shall explain and recommend such as experience and
sound principles of education may have demonstrated to
be valuable ; and it snail be his duty to endeavor to ren-
der available to the people of this State all such im-
provements in the system of free schools and the meth-
ods of instruction, as may have been tested and proven
by the experience of other communities.
Report of 67. He shall, on or before the first day of January,
fn?endent er ~ of each year, make a report to the Governor, to be by
him transmitted to the next regular session of the Leg-
islature, in regard to the condition of free schools within
the State, embracing all statistics compiled from the
reports of the county superintendents, and such other
authentic information as he can procure, which will be
necessary to give a proper exhibit of the wofking of
the system together with such plans as he may have
matured for the management and improvement of the
school fund, and for the better and more perfect organ-
ization and efficiency ol free schools ; and, likewise, all
such matters in relation to his office and to free schools,
as he may deem expedient to communicate.
re l ort > co t ntii ^' ^ e Auditor shall annually, before the first day
t?onof C ' of September, deliver to the Governor and the State
ncL Superintendent of Free Schools, each, a report made up
to the first day of July next preceding, of the condi-
tion of ' ' the school fund, ' ' with an abstract of the ac-
counts thereof in his office, which report the Governor
shall lay before the legislature at its next regular ses-
sion.
CXXII. Chapter 29. section 67, Code, requires the Auditor to
certify to each county superintendent the amount of railroad levies,
due to each district and independent district. See said section.
Board of ^9. The Governor, State Superintendent of Free
school fund. Schools, Auditor and Treasurer, shall be a corporation,
under the name of "the board of the school fund,'* and
shall have the management, control and investment of
said fund, under the fourth section of the twelfth arti-
cle of the constitution. The Governor shall be presi-
dent of the board, and in his absence the board may
choose one of their number to preside temporarily in
his place. The Auditor shall be the secretary of the
board.. A faithful record shall tie kept of all the pro-
ceedings, and a copy thereof, certified by the secretary
of the board, shall 5e evidence in all cases in which the
original would be. A majority of the board shall con-
stitute a quorum for the transaction of business.
SCHOOL LAW OF WEST VIRGINIA 77
70. A meeting of the board may be held at any time, MeetinK8 .
upon the call of any member thereof, provided notice
be given to all members who may be at the seat of gov-
ernment. The Auditor's office shall be the place of
meeting, and the proceedings shall be signed by the
presfdent" and secretary of flie meeting for that day, and
shall be open to inspection at all times.
71. All the money which ought to be paid into the Moneys
treasury to the credit of "the school fund" shall 5e re- recoverable,
coverable with interest by action or motion in the name
of said board, Before any court having jurisdiction, and
thr Attorney-General shall institute and prosecute such
action or motion when so directed by the board.
72. The board may appoint agents for the collection Board ina
of debts or claims, and authorize them to secure pay- appoint
ment thereof, and to protect the interests of the school agent8 '
fund, on such terms as it may approve. They shall
take bond from said agent, if any money is to come
into his hands: and any agent ^selling lands, when di-
rected to do so by the board, shall execute a deed, (with
the resolution giving such directions thereto annexed),
conveying to the purchaser by special warranty. Said
agent may be allowed by the board a compensation riot
exceeding, in anv case, five per cent, on the money paid
into the treasury.
73. All such sums as have accrued or shall hereafter ^hSSSd-
accrue to this State, from the several sources enumer- now invested,
ated in the fourth section of the twelfth article of the
Constiufion. shall be set apart as a separate fund to be
called "the school fund," and it shall be the duty of the
Auditor 1<> jivccrtnin from time to time what sums have
so accrued or may hereafter accrue, and to pass the
same to the credit of the said school fund ; and it shall be
the duty of the board of the school fund, from time to
time, to invest the same in the interest bearing securi-
ties of the United States, or of this State, or otherwise,
provided for in said fourth section of the twelfth article
of the Constitution. And it shall be the Huty of the
said board to sell any investments on account "of the
school fund now made in other securities, than those
required in said fourth section of the twelfth article of
the Constiution, and invest the proceeds thereof in the
interest bearing securities of the United States, or of
this State, or otherwise, as provided in the Constitution
aforesaid.
(73a. I. All stock owned by the State of West Vir- certain
ginia, standing in the name of the Commonwealth oftoSg&g***'
Virginia, the State Internal Improvement Fund, or the sch o1 fund -
78 SCHOOL LAW OF WEST VIRGINIA
Board of the Literary Fund, or in any other name, in
the National Bank of West Virginia, at Wheeling, the
Parkersburg National Bank, the First National Bank of
Wellsburg, the First National Bank of Fairmont, the
National Exchange Bank of Weston, and all the interest
owned by the State, standing in the name of the Com-
monwealth of Virginia, or in the name of either of said
funds, or in the name of the State of West Virginia, or
in any other name, in the North Western Bank of Vir-
ginia and its branches, and in the branches of the Ex-
change Bank of Virginia at Weston; and all dividends
and accrued interest on all such stock, is hereby trans-
ferred to and shall henceforth be held and treated as a
part of the school fund of the State, subject to the con-
trol of the board of the school fund ; and the annual in-
terest or profits thereof (but no part of the principal),
shall be passed to and become a part of the fund for
annual distribution among the several counties of the
State.)
Auditor shall 74. The Auditor shall be the accountant of the board,
beaccount- exercising any of their powers, except that he shall not,
without special authority, entered upon the records of
their proceedings, dispose of any property or invest any
money of the school fund. He shall place the securities
in which said school fund is invested in such depository
for safe keeping, as the board shall direct. All money
belonging to "the school fund" shall be received into
and paid out of the treasury upon the warrant of the
Auditor. But no warrant for paying out such money
shall be issued without the authority of the board,
city of 75. Nothing in this chapter shall alter or affect the
wheeling. laws now in force respecting the free schools in the city
of Wheeling, and the parts of districts connected there-
with ; nor shall anything in this chapter be constructed as
abolishing any independent school district heretofore
created, or as affecting anr right or privilege conferred
upon them, respectively, in the acts of the Legislature
by which they have been created; except so far as such
right or privilege may be inconsistent with the provis-
ions of this chapter in which independent school districts
are especially included. In the independent school dis-
trict of Wheeling none but practical educators who shall
have had at least three years of practice as teachers in
graded schools, shall be eligible to the office of superin-
tendent.
CXXIII. Independent school districts are those created by special
act of the Legislature and are governed by the laws laid down in the
ats creating them. On points where these acts are silent the genera*
law applies.
SCHOOL LAW OF WEST VIRGINIA 79
WEST VIRGINIA UNIVERSITY
76. ''The Agricultural College of West Virginia/' Agricultural
located and established at Morgantown> in the county ^e^t Virginia,
of Monongalia, in pursuance to the act passed February
seventh, one thousand eight hundred and sixty-seven,
entitled "An act for the regulation of the West Vir-
ginia Agricultural College," shall be and remain as so
established and located; and all the provisions of said
act, except so far as the same may be altered by this
chapter, shall remain in full force and effect to the same
extent as if this chapter as amended had not been
passed.
77. The name of said college shall hereafter be ' ' The
West Virginia University," by which name it shall have
and hold all the property, funds, investments, rights,
powers and privileges, now had and held under the
name prescribed in the above recited act.
78. For the government and control of said university Board oi
there shall be a board of regents consisting of nine per- re s ent -
sons, to be called "The regents of the West Virginia
University." As such board they may sue and be sued,
and have a common seal. The said board shall have the
custody and control of the property and funds of said
university, except as otherwise provided by law. They
shall have the power to accept from any person or persons
any gift, grant or devise of money, land or other prop-
erty intended for the use of the university, and shall,
by such acceptance, be trustees of the funds and property
which may come into the possession or under the control
of said board by such gift, grant or devise, and shall
in vest and hold such funds and property, and apply the
proceeds and property in such manner as the donor may
prescribe by the terms of his gift, grant or devise. A
majority of said regents shall constitute a quorum for the
transaction of business, except that for making arrange-
ments for the erection of buildings or the permanent
alteration thereof, or the appointment to, or removal from
office of professors, or fixing their compensation or chang-
ing any rule or regulations adopted by a majority of the
board, in which case all of the regents shall be notified in
writing by the secretary of the board, of the meeting place
and object of the meeting proposed to be held for any
of the purposes excepted in this section ; and the confer-
ence of a majority of the regents shall be required. Said
board of regents shall consist of nine members who shall
be residents and voters of the State. The governor shall,
on or before the fifteenth day of March, in the j*ear nine-
80
SCHOOL LAW OF WEST VIRGINIA
Courses of
study.
teen hundred and one, or as soon thereafter as convenient,
appoint said nine regents, who shall be divided into two
classes, consisting of four and five regents respectively.
The term of office of both classes shall begin on the first
dav of May, nineteen hundred and one; and the term
of office of the first class shall continue for two years and,
until their successors are appointed and qualified, and the
term of the second class shall continue for four years and
until their successors are appointed and qualified; and
thereafter the term of office of each class shall be for
four years and until their successors are appointed and
qualified.- Any person appointed a regent during the
recess of the Senate *hall serve as such until the next
meeting of the Senate. The governor may by appoint-
ment fill any vacancy oceuring in the board for the un-
expired term. Not more than six of said regents shall be-
long to the same political party, and not more than one
shall be appointed from the same Senatorial district or
county. The term of office of the regents now in office
shall expire on the thirtieth day of April, nineteen hun-
dred and one.
79. The board of regents shall from time to time
establish such departments of education in literature,
science, art, agriculture and military tactics as they may
deem expedient, and as the funds under their control
may warrant, and purchase such materials, implements
and apparatus, as may be requisite to proper instruction
in all said branches of learning, so as to carry out the
spirit of the act of Congress aforesaid, approved July
second, one thousand eight hundred and sixty-two.
80. The said board shall establish and declare such'
rules and regulations and by-laws not inconsistent with
the laws of this State, or the Unite'd States, as they may
deem necessary for the proper organization, the tuition
of students and good government of said University and
the protection of public property belonging thereto.
They shall appoint a superintendent of the buildings and
grounds, a secretary for said board and also a treasurer,
who shall be members of the faculty of the University,
officers of the and shall not receive any compensation for services as
such superintendent, secretary and treasurer. No salary
shall be gaid to the secretary of the executive committee.
From the said treasurer they shall take a bond with
ample security, and conditioned according to law, for
the faithful keeping and disbursing such money as is
herein, or may be hereafter appropriated, and such other
money as may be allowed by said board to eome into
his hands from time to time; they shall also settle with
Rules and
regulations.
University.
SCHOOL LAW OP WEST VIRGINIA 81
him annually or oftener if they think best; inspect
annually all the property belonging to said University
and make a full report of the condition, income, expen-
ditures and management of said University, annually,
to the Governor; to be by him laid before the Legisla-
ture.
81. The board shall have power to create a prepara-
tory department to said University, and establish any
other professorships than those indicated heretofore, if
the same be deemed essential; to fix the salaries of the
several professors,and to remove them for good cause,
but in case of removal the concurrence of a ma.iority of
the regents shall be required, and the reasons for a re-
moval shall be communicated in a written statement to
the Governor.
82. Besides prescribing the general terms upon which cadets;
students may be admitted, and the course of instruction, of. p
the regents are still further empowered to admit as regu-
lar students of the University, not more than two hun-
dred and twenty-five cadets in the military department.
Each member of the Senate shall be entitled to appoint
one cadet from his district, on or before the first day of
June in the second year of his term, and one cadet on or
before the first day of June in the fourth year of his
term. Each member of the House of Delegates shall be
entitled to appoint one cadet from his county on or before
the first day of June next preceding the end of his term.
In case a cadetship filled by appointment by any member
of the Legislature shall become vacant, the member mak-
ing the appointment, or his successor, shall fill the same
by a new appointment within the limits of fime afore-
said. But no Senator or Delegate shall appoint any cadet
until he receives a certificate from the President of the
University, or the commandant of cadets, giving him no-
tice of his right to do so ; and he shall not have the right
to exercise such power of appointment as long as two
cadets are accredited to himself and his predecessor,
either by original appointment or by re-enlistment. All
other cadets necessary to make up the full complement of
the corps shall be appointed by the regents, in propor-
tion to their number, including vacancies, if any, caused
by the failure of any member of the Legislature to make
his appointment. Cadets shall not be under sixteen years
of age, and shall not be over twenty-one years of age.
Their appointment shall be made upon undoubted evi-
dence of good moral character and sound physical condi-
tion. Their term of enlistment of service shall be two
years, but any cadet, at the expiration of his first term,
82
SCHOOL LAW OF WP:ST VIRGINIA
Cadets hare
free books,
etc.
Expenses of
regents.
Graduation.
Investment of
land fund.
shall be entitled to re-enlist for the further term of two
years, upon giving notice of his intention to the com-
mandant of cadets at least thirty days before the expi-
ration of such term. But not more than fifteen cadets
shall be appointed from any Senatorial district, and not
more than eight from any one county.
83. The cadets admitted under the provisions of the
preceding section shall be entitled to all the privileges,
immunities, educational advantages, and benefits of the
University, free of charge for admission, tuition, books
and stationery, and shall constitute the public guard of
the University, and of the public property belonging
thereto; and of the ordinance and ordinance stores, and
camp and garrison equipage, of which a sufficient supply
shall be kept in the arsenal belonging to the institution.
And the professors and the students of the University
receiving instruction in military tactics and the art of
war, shall be individually and collectively responsible
for the preservation and safe-keeping of all arms and
camp equippage belonging to said institution.
84. All reasonable expenses incurred by said regents
in discharging the duties hereby imposed upon them
(not, however, including wages or per diem compensa-
tion) shall be allowed by the Governor and paid out of
the treasury of the State, in like manner as other sums
are drawn therefrom: Provided, however. That such
expenditure shall not exceed five hundred dollars per
annum.
85. The president, board of regents and faculty may
graduate any student of the university found (after
proper examination) duly qualified, and shall certify
the same by affixing the seal of the University to his
diploma.
86. The funds derived from the sale of United States
land warrants which have been donated to this State for
the purpose of endowing an agricultural college, shall
be invested by the Governor in a loan of public stock
of the United States, or otherwise, as required by Con-
gress, for 'the use and benefit of the said University.
AGRICULTURAL EXPERIMENT STATION
Agricultural
Experiment
Station.
[86a. WHEREAS, The Congress of the United States
has in its wisdom seen fit to appropriate the sum of fif-
teen thousand dollars annually for the establishment and
maintenance of an agricultural experiment station in this
State, to aid in acquiring and diffusing among the people
useful and practical information on the subjects con-
SCHOOL LAW OP WEST VIRGINIA 83
nected with agriculture, and to promote scientific inves-
tigation ancl experiment respecting the principles and
applications of agricultural science, to be established in
connection with and under the direction of the college
of this State, establishing in accordance with the provis-
ions of an act approved July 2, 1862, entitled, "An act
donating public lands to the several States and Terri-
tories which may provide colleges for the benefit of ag-
ricultural and the mechanical arts," and,
WHEREAS, The West Virginia University by an act
of the Legislature of West Virginia, entitled, "An act,
for the regulation of the West Virginia Agricultural
College, ' ' passed February 7, 1867, and other acts of the
Legislature amendatory, thereof, is the institution of
this State receiving the benefits of the above mentioned
land grant fund ; and,
WHEREAS, In accordance with the provisions of sec-
tion 9 of aforementioned act of Congress establishing
said experiment stations, the Governor of West Virginia
has accepted for the West Virginia University the con-
gressional appropriation for the establishment of an
agricultural experiment station, and
WHEREAS, The board of regents of the West Virginia
University, in accordance with section 1, of the afore-
named congressional act, approved March 2, 1887, has
established a department in the West Virginia Uni-
versity, known as "the West Virginia Agricultural
Experiment Station," which is now in full working
order and issuing regular bulletins for the diffusion of
information among the people of the State, as required
by law; and which is now well and thoroughly equip-
ped with chemical laboratories, apparatus and ma-
chinery, and has a staff of scientific men employed and
carrying on the work contemplated in the congressional
act, therefore,
Be it enacted by the Legislature of West Virginia:
I. That the State of West Virginia hereby assentslo
and accepts from the government of the United States ants.
the grants of money authorized by said act of congress,
and assents to the purposes of said grants.
II. The bulletins and annual reports required to be Bulletins,
published under section four of said act, shall be
printed at the expense of the State, by the State printer,
in such editions or numbers as the mailing list of the ex-
periment station shall indicate as being required, and
shall be distributed by the station free of all charge to
farmers and other citizens of the State desiring the same.
SCHOOL LAW OF WEST VIRGINIA
Board of
regents.
STATE NORMAL SCHOOLS
87. The "West Virginia State Normal School," es-
tablished under and by virtue of an act passed February
state normal twenty-seventh, one thousand eight hundred and sixty-
seven, entitled "An Act for the establishment of a State
Normal School,," shall be and remain at Marshall Col-
lege, in the County of Cabell, as provided in said act, and
all the provisions of said act, and all other acts in re-
lation thereto, shall be and remain in full force, except
so far as the same may be altered by this chapter. For
the government and control of said school and its branch-
es, there shall be a board of regents, consisting of the
State Superintendent of Free Schools, together with six
other persons, to be appointed, by the governor as here-
inafter provided, who shall be called the "Regents of the
State Normal School," and as such may have a common
seal, sue and be sued, plead and be impleaded, contract
and be contracted with, and take, hold and possess real
and personal estate for the use of said school. The transfer
and conveyance by the board of supervisors of Cabeil
County of lands and building of Marshall College and of
the real estate heretofore conveyed by tne Central- Land
Company of West Virginia to the regents of said school
heretofore appointed, is hereby accepted, confirmed and
legalized. But in case the said school should at any time
hereafter be removed from the said Marshall College,
the said property so conveyed shall revert to and be vest-
ed in the county court for the use of the said county of
Cabell. The said six regents shall be appointed by the
governor, between the fifteenth day of March and the fif-
teenth day of April in the year nineteen hundred and one,
whose term of office shall begin on the first day of June
next following their appointment, and continue for fom ;
years and until their successors are appointed and quali-
fied; except that the board appointed in the said year
1901, three shall be for the term of two years and three
for the term of four years. Not more than two of the re-
gents of each of said two classes shall belong to the same
political party. A vacancy occuring in the board shall
be filled by appointment by the governor for the unex-
pired term. The term of office of the regents now in
office shall expire, on the thirty-first day of May, nineteen
hundred and one.
88. The said school shall Be under the general super-
vision and control of the said regents. They shall have
full power and authority to adopt and establish such by-
laws, rules and regulations for its government as they
may deem necessary and proper, to effect the object of
its establishment, not inconsistent with tfie laws of this
Rules and
regulations.
SCHOOL LAW OF WEST VIRGINIA 85
Stato. They shall fix tlie number and compensation of
the teachers, and others to be employed therein, and
appoint and remove the same; prescribe the preliminary
examination of pupils, and the terms and conditions on
which they shall be received and instructed in said
school : Provided. That all pupils admitted free of tui-
tion to any one school, shall not exceed in number the
whole number appointed to such county for admission Number of
to all normal schools of the State ; the branches of learn- P u P lla -
ing to be taught in each department thereof; and shall
determine the number of pupils to be received in the
normal (Icprirtmrnt of said school form each county or
judicial circuit of this State, conforming as nearly as
possible to the ratio of population therein, and the mode
of selecting them. The pupils admitted into the normal
department of said school shall be admitted to all the
privileges thereof, free from all charges of tuition, or
for use of books or apparatus : that: every such pupil
shall pay for all books lost by him or any damage done
"by him to such books or apparatus: and any pupil in
said school may be dismissed tHerefrom by said regents,
or by the executive committee, subject to the approval
of the regents, for immoral or disordorlv conduct, or
for neglect or inability to perform his duty. The
State Superintend^ of Free Schools shall prepare suit-
able diplomas to be granted to the students of the
normal department, of said school who have completed
the course of study and discipline prescribed by said
regents. The said regents may establish a pay depart-
ment in said school whenever the accommodations there-
of will admit of the same, and may admit into such de-
partment so many paying students as can be accommo-
dated therein from this or any other State, whether they
desire to become teachers of schools or not.
Thev may cause to be taught in the said department
of said school, all or any of the branches of learninsr
usually taught in colleges and seminaries, and for that
purpose may establish therein the necessary professor-
ships.
They may also make all the necessary rules and regu- Tuition, etc.
lations for the government of said department and pres-
cribe the tuition and the terms of admission therein.
The said school shall continue to be called and known
by the name of " Marshall College."
PXXTV. If is tho nrprtiee to nllow nevsons attending anv of the
State Normal Schools, under appointment, to teach one term of school
each year if desired, and yet hold the appointment. The same rule
Is held to be good in case of colored teachers attending the West Vir-
ginia Colored Institute.
8C
SCHOOL LAW OF WEST VIRGINIA
Executive
Committee.
Fairmont
branch.
West Liberty
branch.
Glenville
branch.
CXXV. Clearly under section 88 of the school law, two depart-
ments are contemplated. One known as the normal department, and
the other as the pay or academic department. It is intended that in
the latter department, persons are admitted who do not desire to take
the normal course, or if they have taken the normal course, who de-
sire to pursue a higher grade of studies. I see nothing to prevent
those who have taken the normal course, and have graduated from re-
viewing the studies contained in the normal course, free of charge.
The purpose of the normal course is to prepare teachers, and a re-
viewing of that course would he to make the teachers more perfect.
T. 8. Riley, Attorney-General.
89. The said regents shall appoint three intelligent
and discreet persons, residents of the county of Cabell,
who shall constitute an executive committee for the care
and immediate management and control of said school,
subject to the rules and regulations prescribed by the
regents. Said committee shall (subject to the control
of said regents), designate the person to take charge of
the boarding department of said school, and fix the
price to be paid for board therein. They shall from
time to time make full and detailed reports to said re-
gents of the condition, working and prospects of sai-3
school, and shall perform such other duties in relation
thereto as the said regents may from time to time pre-
scribe.
90. The branch of the state normal school established
at Fairmont, under and in pursuance of the act passed
March fourth, one thousand eight hundred and sixty-
eight, entitled, "An act providing for the purchase of
the West Virginia Normal School at Fairmont, ' ' shall be
and remain at that place, and all provisions ot said act
shall remain in full force, except so far as the same may
be altered by this chapter. Said school shall be under
the jurisdiction and control of the regent? of the State
normal school, in the same manner and to the same ex-
tent as the State normal school at Marshall College.
91. The branch of the state normal school established
at West Liberty, under and in pursuance of the act
passed March first, one thousand eight hundred and
seventy, entitled "An act to establish a branch normal
school at West Liberty, in Ohio county," shall be and
remain at that place, and all the provisions of said act
shall remain in full force, except so far as the same may
be altered by this chapter. Said school shall be under
the jurisdiction and control of the regents of the state
normal school, in the same manner and to the same ex-
tent as the state normal school at Marshall College.
92. The branch of the State normal school established
at Glenville, under and in pursuance of the act passed
the nineteenth day of February, one thousand eight
hundred and seventy-two, entitled "an act to establish a
branch normal school at Glenville, Gilmer county, :>
SCHOOL LAW OF \Vi-xr YIKOINIA 87
shall bo and remain at that place, and all the provisions
of said act shall remain in full force, except so far as the
same, may be altered by this chapter. Said school shall
be under the jurisdiction and control of the regents of
the State normal school in the same manner and to the
same extent as the State normal school at Marshall Col-
lege.
93. The branch of the State normal school established S hepherds-
at Shepherdstown, under and in pursuance of the act town branch
passed and approved February fourteenth, one thous-
and eight hundred and seventy-two, entitled "an act to
establish a branch normal school at Shepherdstown, in
the county of Jeffereson," shall be and remain at that
place, and all the provisions of said act shall remain in
full force, except so far as the same may be altered by
this chapter. Said school shall be under the jurisdiction
and control of the regents of the State normal school, in
the same manner and to the same extent as the State
normal school at Marshall College.
94. The branch of the State normal school at *Con- Concord *
cord, in Mercer county, . established by the act passed branch,
the twenty-eighth day of February, one thousand eight
hundred and seventy-two, entitled "an ac^ to locate a
branch State normal school at Concord, in the county of
Mercer, shall be and remain at that place, and all the
provisions of said act shall remain in full force, except
so far as the same may be altered by this chapter. Said
school shall be under the jurisdiction and control of the
regents of the State normal school in the same manner
and to the same extent as the State normal school at
Marshall College.
95. The principals of the State Normal School and i
branches shall make, at the close of each term thereof,
to the president of the board of regents, in addition to
the annual reports require'd of them, a report, . under
oath, of the number of non-paying normal school pupils
and the number of paying pupils in the several depart-
ments of the school in actual monthly attendance during
said term.
96. The president of the board of regents of the State
Normal School and its branches, upon receipt of the
reports required in the ninety-fifth section of this chap-
ter, shall furnish the Auditor of the State with the num-
ber of the non-paying Normal pupils in actual monthly
attendance in each of the said Normal Schools, and the
number of months of actual attendance, upon the receipt
of which report, and upon the requisition of the presi-
*The name of the postoffice has been changed to Athens.
SCHOOL LAW OF WEST VIRGINIA
Appropria-
tion.
Colored
teachers.
Unearned ap-
propriation.
?tu a deiSs With
dent of the board of regents, the said Auditor shall issui3
to the executive committee of each of said schools, war-
rants upon the treasury of the State for the amount due
said schools, at the rate of three dollars and fifty cents
per month for every non-paying Normal pupil reported
as in monthly attendance.
A sum not to exceed thirty-two hundred dollars each
year is hereby appropriated for each of the Normal
Schools, payable out of the treasury of the State.
The State Superintendent of Free Schools shall, if
possible, in every year, make arrangements with some
suitable institution of learning in this State for the educa-
tion and Normal school-training of a number of colored
teachers, in the proportion to the colored population of
the State which the non-paying white students in the
Normal Schools bear to the white population of the
State ; but the amount to be paid for each of said colored
teachers shall not exceed the sum herein specified for
each non-paying white student: and an additional sum
to the extent necessary to pay the tuition of said colored
students, is hereby appropriated, payable out of the
treasury of the State in each year, as provided for in
the next section", upon the requisition of the State Super-
intendent of Free Schools.
CXXVI. Actual monthly attendance' of a non-paying punil dur-
ing any month of a school term, may be an attendance l>ona fide for a
portion of the month. Sickness might prevent constant attendance
during any month, yet if the pupil was in attendance in good faith
daring part -of the month, when able to attend, the school would be
entitled to $3.50 for such pupil for that month. * * The words
'actual monthly attendance' are used in the statute, so as to plainly
prohibit, pay being drawn for constructive monthly attendance.
The attendance of a pupil must have commenced in n m.nith
and In good faith, with an intention of continuing. If the pupil
does not attend at all during any month * * the law prohibits
any pay being given. Alfred Calchrell, Attorney-General.
97. If any normal school does not earn the amount of
its annual appropriation of three thousand dollars, as
aforesaid, in any year, the board of regents of the State
Normal School and its Branches are hereby authorized
to expend in their discretion the unearned amount of its
annual appropriation in the payment of teachers in
another or others of such schools and the Auditor shall
issue his warrants for such expenditures on the order of
said board.
CXXVII. Section 96 as amended by chapter 45, Acts 1895. provides
for an appropriation of thirty-two hundred dollars for each normal
school.
98. I. If any money be lent or advanced, or anything
be sold or let to hire, on credit to or for the use of any
student or pupil under twenty-one years of age. at the
West Virginia University, the West Virginia' State
SCHOOL LAW OF WEST VIRGINIA 89
Normal School or any of its branches, or any incorpo-
rated college in the State, without the previous permis-
sion, in writing, of his or her parent or guardian, or
the president or principal of such institution, nothing
shall be recovered therefor, and there shall, moreover,
be forfeited to the State, by the person giving such
credit, twenty dollars, and the amount or value of such
thing. When such selling, letting, lending or advanc-
ing is by an agent, such forfeitures shall be by his prin-
cipal, unless the principal shall within ten days after he
has knowledge or information of the selling, letting,
lending or advancing, give notice, in writing, of the
date, nature and amount thereof to the president or other
head of the institution, in which case the forfeiture shall
be by the agent.
II. All acts and parts of acts coming within the pur-
view of this chapter, and inconsistent therewith, are
hereby repealed.
THE WEST VIRGINIA SCHOOLS FOR THE DEAF AND BLIND
[980. I. That the name of the West Virginia Institu-
tion tor the Deaf, Dumb and Blind be and the same is
hereby changed to that of "The West Virginia Schools Name,
for the Deaf and Blind. "
The board of regents for the West Virginia School? Board of
for the Deaf and Blind, shall be composed of nine mem- regents,
bers, whose term of office shall commence on the first
day of June, one thousand eight hundred and ninety-
seven.
The Governor shall on the tenth day of March, one Governor to
thousand eight hundred and ninety-seven, or as soon
thereafter as convenient, nominate, and by and with the
advice and consent of the Senate, appoint said nine re-
gents for said schools, but said regents shall be divided
into three classes of equal numbers and not more than
two regents in each class shall belong to the same polit-
ical party. Not more than one regent for the West
Virginia Schools for the Deaf and the Blind shall be ap-
pointed from any one county.
The term of office of the first-class shall re two years/
of the second-class four years, and of the third-class six
years.
On the tenth day of March* one thousand eight hun-
dred and ninety-nine, or as soon thereafter as con-
nient, and every second year thereafter, the Governor
shall nominate, and by and with the advice and consent
of the Senate, appoint ttiree regents for said schools, in
90
SCHOOL LAW OF WEST VIRGINIA
place of the class wKose term expires in said year; and
the term of such regents shall commence on the first day
of April in the year of their appointment and continue
six years. The Governor may in like manner appoint
regents to fill any vacancy that may^occur in the board
of said schools, and any one appointed a regent by him
fill vacancies. , . ., ., ~ ?* , ,, , . .,
during the recess of the Senate, shall be a regent until
the next session of the Senate thereafter.
Said members shall constitute collectively a body cor-
porate with powers to rent, purchase and convey real
estate, and with all other powers necessary for the car-
rying on of the institution for the education of the deaf
and blind youth of West Virginia, established under the
act passed March third, eighteen hundred and seventy,
and to be known as "The Board of Regents of the West
Virginia Schools for the Deaf and the Blind." Said
board shall appoint one of their number as president,
and in case of his absence a president pro tern, shall ap-
point a secretary, and all orders, drafts or requisitions for
money from the State shall be signed by their secretary
and countersigned by the president. Said board shall
meet as hereinafter provided, and shall hold such other
meetings as they may think necessary. Extra meetings
may be called by the president or by any four members
of the board by notifying the other members of the time
. and place of the meeting and of the nature of the busi-
ness which renders an extra meeting necessary. A
majority of the Board shall constitute a quorum for the
transaction of all ordinary business, but the board may,
in its discretion, designate business of a nature to be
specified By it. which may be transacted by a stated num-
ber of regents less than a quorum.
n. It sliall be the duty of the principal under the di-
rection of the Board to superintend the affairs necessary
for the proper conduct of the institution, and to make
such general regulations as may ' be necessary for the
successful management of the same, and to purchase
such books and apparatus as may be necessary for the
efficient working the institution.
Teachers. ni. Said board shall appoint all necessary teachers
and assistants, and shall provide the furniture, fixtures,
apparatus and other things necessary for the comfort
and convenience of inmates of the institution.
IV. The said board may, when they deem it necessary
elect a steward: and the principal and matron shall re-
side in the institution, and the steward and teacher in or
Salaries. ne ar it. All salaries shall be fixed by the board of regents,
and shall be paid monthly or quarterly, as the board may
Quorum.
Principal.
Furniture
Ste-ward.
SCHOOL LAW OF WEST VIRGINIA 91
deem proper, out of the fund appropriated by the legis-
lature.
' V. The board of regents shall employ as visiting phy- visiting
sician of the institution, a physician of reputable stand- physi
ing in his profession, and it shall be his duty to render
all medical assistance necessary to its inmates, and fix
his salary, not to exceed three hundred dollars, to be paid
in the same manner as a teacher.
VI. The principal and steward shall give bond with Bond.
approved security in such amount as the board of
regents may direct, for the faithful discharge of their
respective duties.
VII. The board of regents shall prescribe such by- Rules and
laws, rules and regulations for the government and con- regul
duct of the institution under their charge as shall secure
the harmonious and efficent management of said institu-
tion in all its parts. They shall require such reports
from the principal, steward, matron and physician as in
their opinion the institution may demand, and they shall
annually, on or before the first day of December, report
to the Governor all the facts and circumstances in con-
nection with the conduct and progress of the institution,
with a careful statement of all the receipts and disburse-
ments of the same, and shall accompany their annual
report with such recommendations and suggestions as
will enable the State efficiently to foster and promote
the eiii Pi-prise of educating the deaf, dumb and blind
youth within its limits. The fiscal year of the institu- Fiscal yar.
tion shall end on the last day of September, and the ac-
counts of the institution shall be kept with reference to
said fiscal year: and there shall be an annual meeting of
said board on the third Thursday in October in each and
every year.
VIII. The board of. regents may provide in said insti- Admi8<!llon O j
tution accommodation for all the officers, assistants and pupils,
employees, and for all the deaf, dumb and blind youth
resident of the State of West Virginia who may apply
for admission to the said institution, between the ages of
eight and twenty-five years, and for such other deaf.
dumb and blind persons as may apply for admission as
paying pupils, under such regulations as said board may
direct, but all youth admitted must be of sound mind
and not afflicted with any contagious or offensive disease.
IX. All such deaf, dumb and blind youth residents Admission of
of the State of West Virginia between the ages of eight pupils -
and twenty-five years, shall be admitted to pupilage in
the institution on application to the principal ; until the
institution is filled, applicants shall be admitted in the
92
SCHOOL LAW OF WEST VIRGINIA
Charges.
Duty of
county
officers.
Term of
pupilage.
order of their application, and it shall be the duty of
the principal to keep a careful record of the names of
all pupils admitted With the dates of their admission and
discharge, their age, postoffice address, the name of their
parents or guardians, the degree, cause and circumstan-
ces of their deafness or blindness.
All such deaf, dumb and blind pupils shall be ad-
mitted as above directed without charge for board and
tuition; and when not otherwise provided with clothing
they shall be furnished by the institution while they
are pupils in the same, and the principal shall make out
an account therefor in each case against the respective
counties from which said pupils are sent, in an amount
not exceeding forty dollars per annum for every
such pupil, which account shall be certified by the
principal and countersigned by the secretary, and which
shall be transmitted by the principal to the Au-
ditor of the State, whose duty it shall be to transmit a
copy of the same to the clerks of the county courts of
the respective counties against which they are; and the
county court of such counties shall thereupon at their
next sessions, respectively, thereafter held for the pur-'
pose of making a county levy, include in such levy the
amount of said account against their counties, respect-
ively, and cause an order to issue on the sheriff of the
county in favor of the Auditor of the State, and cause
the same to be transmitted by the clerk of said court to
the Auditor, whose duty it shall be to collect the same
and place it to the credit of the institution, to be drawn
out upon requisition as a part of the current expenses
of said schools. If the same is not paid to the Auditor
by the respective counties from which they are due in
a reasonable time, it shall be the duty of the Auditor to
collect the same by law.
The term of pupilage shall be five years at least, and
for so much longer term as in the discretion of the
board and principal their condition and progress would
seem to justify. After all the applicants between the
prescribed ages of eight and twenty-five years have been
admitted, if there is still room, the principal may ad-
mit other deaf and dumb and blind persons upon appli-
cation who may be of suitable age to receive any ad-
vantage of the institution, and upon such terms as the
board may prescribe; but it shall be distinctly under-
stood that such persons shall withdraw from the institu-
tion in order of the dates of their admission to make
room for new applicants between the ages herein already
prescribed.
SCHOOL LAW OF WEST- VIRGINIA 93
X. The course of instruction in the institution shall Course of
be prescribed by the board of regents with the advice
of the principal, and shall be as extensive both in the
intellectual, musical and mechanical departments, as the
capacities and interests of the pupils may require.
XI. In addition to their other duties the assessors of Assessors'
the State are hereby required to register in a book, to re
be furbished them by the Auditor for the purpose, the
name of all the deaf and the blind persons in their
respective districts, with the degree and cause of deaf-
ness and blindness in each case as far as can be ascer-
tained from the heads of families, or from other persons
whom the assessors may conveniently consult, their ages,
the names of their parents or guardians, their postoffice
address, and such other circumstances as may constitute
useful statistical information in making the said institu-
tion promptly efficient in ameliorating the condition of
the deaf and the blind by education. They shall com-
plete the registration as early as possible, in the first
annual assessment after the passage of this act, and shall
forward their report directly to the Auditor, who shall if
practicable before the first day of July, or as soon there-
after as possible, make an alphabetical abstract of all
the facts furnished him by the assessors' reports, and
shall send the same by mail to the principal of the West
Virginia schools for the deaf and the blind, and said
principal is hereby further required to put himself in
immediate correspondence with all the deaf and blind
persons, of suitable age and condition, mentioned in the
Auditor's abstract, with a view to their admission as registration
pupils into the West Virginia schools for the deaf and l!i
the blind.
The assessors shall receive for the extra duties hereby
imposed, the same compensation as is now allowed them
for the registration of births and deaths, and shall be
liable to the same penalties for failure to discharge these
duties.]
THE WEST VIRGINIA COLORED INSTITUTE
98&. An act accepting the provisions of the act of Con-
gress, approved August thirtieth, eighteen hundred and
ninety, entitled "And act to apply a portion of the pro-
.ceeds of the public lands to the more complete endow-
ment and support of the colleges for- the benefit of agri-
culture and the mechanic arts, established under the
provisions of an act of Congress, approved July second,
eighteen hundred and sixty-two," and providing for the
apportionment of said endowment according to the pro-
visions of said aot.
94 SCHOOL LAW OF WEST VIRGINIA
WHEREAS, The Congress of the United States of
America, by an act approved August thirtieth, eighteen
hundred and ninety, entitled, ' ' An act to apply a portion
of the proceeds of the public lands to the more complete
endowment and support of the colleges for the benefit
of agriculture and the mechanic arts, established under
the provisions of an act of Congress approved July sec-
ond, eighteen hundred and sixty-two," made an appro-
priation to each state and territory of fifteen thousand
dollars for the year ending June thirtieth, eighteen hun-
dred and ninety; and an annual increase of said appro-
Act of cc n- priation thereafter for ten years by the additional sum
gres<?. of one thousand dollars over the preceding year, after
which time the annual amount so appropriated will be
twenty-five thousand dollars for the more complete
endowment and maintenance of the colleges established
under the act of Congress last aforesaid, "to be applied
only to instruction in agriculture, the mechanic arts, the
English language, and the various branches of mathe-
matical, physical, natural and economic science, with
special reference to their- application in the industries
of life; and to the facilities for such instruction," and
WHEREAS, By a proviso in said act no State can ob-
tain the benefits thereof, where facilities are not pro-
vided for the instruction of colored students in said
branches of study, either in the same institution or in
separate institutions, and the legislatures of the several
states are required to make an equitable division of said
annual appropriation where such separate institutions
are provided, and report the same to the Secretary of
the Interior, and
WHEREAS, The Constitution of the State of West
Virginia forbids the education of white and colored
youths in the same State schools, and this State having
heretofore made no provision for the separate education
of colored youth in agricultural and the mechanic arts;
and the enumeration of the white and colored youths of
this State, of school age, being about 250,000 white and
12,000 colored, it being the duty of this State to indi-
cate a reasonable proportion of said appropriations to
be set apart annually for the instruction of the colored
youth of the State, the sum of $3,000 is hereby indicated
as an equitable portion of said appropriations for five'
years from the date of the passage of this act, and after
that time $5,000 as long as such appropriation continues ;
and
WHEREAS, By. the terms of the said act of Congress
of the Uunited States, approved August thirtieth,
SCHOOL LAW OF A\'EST VIRGINIA 95
eighteen hundred and ninety, it is necessary, in order to
enable this State to share in the .appropriations so made
and to be made under the provisions of said last recited
act, for the legislature to accept of the provisions of
said act for and on behalf of this State, and to make
proper and suitable provisions for said act upon which
this State will be entitled to her distributable share of
said appropriations, and to designate the N institutions of
learning to become the beneficiaries of said appropria-
tions, and the officer of this State to whom the money
shall be paid by the United States for the use of said
beneficiaries. Therefore,
Be it enacted by the Legislature of West Virginia :
I. The Legislature of the State of West Virginia
hereby accepts for said State, the terms and provisions
of the said act of the Congress of the United State?
approved August thirtieth, eighteen hundred and
ninety, for the objects and purposes mentioned and
declared therein, and designates "The West Virginia
University," established in pursuance of the Act of
the Congress of the United States passed July 2, 1862.
and a subsequent act passed by said Congress on April
19, 1864, at Morgantown, in the county of Monongalia
in this State, as the beneficiary of said appropriation for
the instruction of white students, and an institution to
!<> locate I and provided for the purpose as hereinafter
and directed in the county of Kanawha, to be
''The West Virginia. Colored Institute," for the
rii'iiirv of said appropriation for the instruction of
colored students to be paid to each in the proportion
mentioned in the preamble to this act. And the said
institution by the name of "The West Virginia Colored
Institute." shall have and hold all the property, funds.
rights, powers and privileges hereinafter mentioned.
II. For the government and control of said institute
there shall be a. board of regents, consisting of the State
Superintendent of Free Schools and six other competent
persons, not more than four of whom shall belong to the
same political party, to be called the "Regents of the
West Virginia Colored Institute," and as such board
they may sue and be sued, plead and be impleaded, and
have a common seal. The governor shall, between the
ifteenth day of March and the fifteenth day of May, in
the year nineteen hundred and one, and every four years
thereafter, nominate and, by and with the* advice and
consent of the Senate, appoint said six regents, whose
term of office shall begin on the first day of June next
following their appointment, and continue for four vears
96
SCHOOL LAW OF WEST VIRGINIA
Regents to
establish
departments.
Rules and
regulations.
State Treas-
urer to re-
ceive grants.
and until their successors are appointed and qualified.
Vacancy in the office of regent shall be filled by appoint-
ment by the governor for the unexpired term. The term
of office of the regents now in office shall expire on the
thirty-first day of May, nineteen hundred and one. Said
board shall have the care, custody and control of the
property and funds of the Institute, and may accept from
any person or persons, gifts of money or property for the
use of said institute; and all such money and property
when so received by them, shall be held in trust by them
for the use and benefit of the Institute, and applied there-
to as the donors may have directed, and if no such direc-
tions have been given, as a majority of the regents may
determine.
III. The board of regents shall from time to time
establish such departments of education in literature,
science, art and agriculture, not inconsistent with the
terms of the several acts of Congress hereinbefore re-
ferred to as they deem expedient, and as the funds under
their control will warrant, and purchase suah materials,
implements, and apparatus, as may be requisite to the
proper instruction of said colored students in all said
Branches of learning as to carry out the intent and pur-
purposes of said acts of Congress.
IV. The said board shall establish and declare such
rules, regulations and by-laws, not inconsistent with the
laws of the United States or of this State, as they may
deem necessary for the proper organization, the tuition
of the students and the good government of the insti-
tute, and the protection of the property belonging there-
to. All reasonable expenses incurred by said regents
in the discharge of their duties hereby imposed upon
them shall be allowed by the Governor and paid out of
the treasury of the State, in like manner as other charges
on the treasury are paid.
V. The Treasurer of this State is hereby designated
as the officer to receive from the Secretary of the Treas-
ury of the United States the said several sums of money
so to be paid to this State aforesaid, for the uses and
purposes aforesaid. He shall keep an exact account of
tke moneys so received, and shall place to the credit of
each of said beneficiaries thereof, its due proportion of
the same. The sums so placed to the credit of the West
Virginia University shall be paid out by him on the or-
der of the board of regents thereof, and the sums so
placed to the credit of the West Virginia Colored In-
stitute, shall be paid out by him on the orders of the board
of regents of said institute. And said treasurer shall
SCHOOL LAW OF WEST VIRGINIA 97
include in his biennial report to the Governor a state-
ment of his receipts and disbursements under the pro-
visions of this act.
VI. It shall be the duty of the board of the school Site and
fund to proceed with all reasonable dispatch to procure buildings.
the ncessary quantity of farming land not exceeding
fifty acres in all in some suitable and proper locality in
the county of Kanawha, with a title thereto clear and
unquestionable, and to erect the necessary buildings and
make the necessary improvements thereon, for the pur-
poses of this act, and to comply in good faith with the
terms and conditions, and to carry into effect the objects
and purposes of the acts of Congress in making said
appropriations.
VII. And in order to enable said board to perform Ten thougand
the duties required of them by this act, the sum of ten dollars to
thousand dollars is hereby appropriated and placed this act.
at their disposal, payable out of any money in the treas-
ury not otherwise appropriated: Provided, That said
board may in their discretion borrow the said sum of
ten thousand dollars from the " school fund" mentioned
in section 4 of article XII of the Constitution of this
State, at six per cent, interest per annum, and execute the
bonds of the State therefor, payable with interest as
aforesaid, not more than ten years from the date thereof.
WEST VIRGINIA REFORM SCHOOL
[98c. I. An institution to be called "The West Vir- Reform
ginia Reform School," is hereby established, and shall School,
hereafter be carried on in a suitable building or build-
ings for the purpose, to be erected by the State at such
locality as may be selected in accordance with this act.
This institution shall be under the control of a board of
directors hereinafter provided for.
II. The board of directors shall consist of seven mem- Boardof
bers, not more than five of whom shall belong to the same directors,
political party. The Governor shall, on the tenth day of
March, one thousand nine hundred and one, or as soon
thereafter as convenient, and every four years thereafter,
nominate and, by and with the advice and consent of the
senate, appoint said seven directors, whose term of office
shall begin on the first of May, next following their ap-
pointment, and continue for four years and until their
successors are appointed and qualified. Any vacancy in
the board shall be filled by appointment by the Governor
in like manner, for the unexpired term/ The term of
office of the directors now in office shall expire on the
thirtieth day of April, nineteen hundred and one.
98
SCHOOL LAW OF WEST VIRGINIA
President.
Quorum.
Rules and
regulations.
Directors'
report.
Manner of
commitment.
III. The board of directors shall bienially choose one
of their body to be president of the board, and in his
absence shall choose a president pro tempore. A major-
ity of the board shall constitute a quorum, but the board
may in its discretion designate business, of a nature ny
it to be specified, which may be transacted by a stated
number of directors less than a quorum.
TV. The board of directors shall make such by-laws,
ordinances, rules and regulations relative to the manage-
ment, government, instruction, discipline, training,
employment and disposition of the minors in the reform
school, not contrary to law, as they may deem proper,
and shall appoint such officers, agents and servants as
they may deem necessary to transact the business and
carry on the operation of said reform school, and may
designate their 'duties.
V. The board of directors shall make an annual re-
port to the Governor of all their transactions, of the
number of minors received by them into said reform
school, the disposition which shall be made of such
minors, by instructing or employing them therein or by
binding them out as apprentices; the receipts and ex-
penditures of said board of directors, and generally all
such facts and particulars as may tend to exhibit the
effect, whether beneficial or otherwise of said reform
school.
VI. The manner of receiving inmates into the West
Virginia Reform School shall be in either of the follow-
ing modes, namely:
First. Male minors under the age of sixteen years
may be committed by a justice of the peace of any of
the counties in the State, on complaint and due proof
made it manifestly requisite that from regard for the
such minor, that by reason of incorrigible or vicious
conduct, such minor has rendered his control beyond the
power of such parent, guardian or next friend, and
made it manifestly requisite that from regard for the
morals and future welfare of such minor and the peace
and order of society, he should be placed in the West Vir-
ginia Reform School.
Second. Male minors under the age of sixteen years
may be committed by the authority aforesaid, when
complaint and due proof have been made that such
minor is a proper subject for said reform school by
reason of vagrancy or of incorrigible or vicious conduct,
and that from the moral depravitv or otherwise of the
parent, guardian or next friend, in whose custody such
minor may be, such parent, guardian or next friend is
SCHOOL LAW OF WEST VIRGINIA 99
incapable or unwilling to exercise proper care and dis-
cipline over such incorrigible or vicious minor.
Third. Such male minors under the age of sixteen
years as their parents, guardian or next friend may
desire to place therein for temporary restraint and dis-
cipline, where parents, guardian or next friend shall
agree and contract with the board of directors for their
support and maintenance.
And fourth. Male minors committed by the several ..
/no* '-ii-i i 11 fit- Male minors
courts of the State, as provided by section 7 of this committed,
chapter.
VII. Whenever any male minor, under the age of six-
teen years, shall be convicted in any of the courts of
this State of a felony or of a misdemeanor, punishable
by imprisonment, the judge of said court in his -discre-
tion, and with reference to the character of the reform
school as a place of reform and not of punishment,
instead of sentencing said minor to be confined in the
penitentiary or county jail, may order him to be re-
moved to and confined in the said reform school, to remain
until he shall have arrived at the age of twenty-one
years, unless sooner discharged or bound as an appren-
tice by the board of directors; but no such boy shall be
retained in said school after the superintendent shall
have reported him, and he has been found by the board
or its executive committee, to be fully reformed. Male
minors under sixteen years of age, convicted in any of
the courts of the United States for the district of West
Virginia, or of any offense punishable by imprisonment,
may also be received into said reform school upon such
regulation, and such terms as to their maintenance and
support, as may be prescribed by the board of directors,
and assented to by the proper authorities of the United
States. And in all cases, before any minor is transferred
to said reform school, due notice shall be given to the
superintendent and an answer received from him that
there is room in the reform school for such minor.
VIII. It shall be the duty of the justice of the peace Data to be
when committing a minor to said reform school under annexed to
the first and second clauses of section six of this chap-
ter, in addition to the commitment, to annex to said com-
mitment the names and residences of the different wit-
nesses examined before him, and the substance of the tes-
timony given by them respectively, on which the adjudi-
cation was found.
IX. In all proceedings before justices of the peace for Guardian arf
commitment of minors to the said reform school under mem.
the first and second clauses of section six of this chap-
100 SCHOOL LAW OF WEST VIRGINIA
ter, the justice shall appoint some discreet and disinter-
ested person guardian ad litem for such minor, whose
duty it shall be to represent the interest of said minor
and see that no injustice is done him : and the guardian
ad litem of said minor shall have the right to demand a
jury of twelve men to try the truth of the charges made
against said minor, and said jury shall be selected and
said trial shall be conducted in the same manner as
is provided by law for the trial of criminal cases before
justices by juries. And said guardian ad litem or said
minor shall have the same right of appeal from any
final decision rendered against said minor in any such
proceedings, whether upon a trial by jury or otherwise,
1 as is allowed by law in other criminal cases tried before
justices.
Mate ^ inmates x The West Virginia Reform School shall be exclu-
sively charged with the reformation and care of male
minors, but white and colored inmates shall be kept sep-
arate.
be h bound?ut v XI. The board of directors shall have power to bind
prentices. ou ^ male children committed to their care, with the con-
sent of such children, as apprentices during their minor-
ity to such person and place, whether in or out of the
State, and to learn some proper trade and employment
as in the judgment of said board will be most conducive
to the reformation and future benefit and advantage of
such children, and the indentures by which said children
shall be bound, shall contain the covenants and provis-
ions prescribed by chapter eighty-one of the Code of
West Virginia, relating to master and apprentices, and
all the provisions of said chapter shall apply to appren-
tices bound under this section, so far as applicable.
! XII. A commission consisting of the State Superin-
tendent of Free Schools, and one member from each
Congressional district of the State to be appointed by
the Governor, shall within four months after this act
becomes in force as a law, select such locality as it may
deem best as the site for the West Virginia Reform
School, and procure a good title to such site, and report
their action to the Governor as soon as such se-
lection is made and the title procured. And as soon as
practicable after said report is made to the Governor,
the "board of directors" herein provided for, shall con-
tract for and cause to be constructed on the said site,
such building or buildings as may be needed in carrying
out the provisions of this act. Provided, That the sum
to be expended for said site and for constructing said
building, shall at no time exceed the appropriation for
said purpose.
SCHOOL LAW OF WEST VIRGINIA*
101
XIII. The sum of five thousand dollars" 'to -t/e : p
out of the State fund for the fiscal year ending Sep tern- and buildings,
ber 30, 1889. and five thousand dollars to be paid out of
the State fund for the fiscal year ending September 30,
1890, is hereby appropriated out of any money in the
treasury not otherwise appropriated to be used in pro-
curing said site for said Reform School, and in provid-
ing suitable buildings and accommodations for the same,
and in carrying on said Reform School when establish-
ed; and the reasonable expenses of the commissioners
herein provided for, selecting a site for the said Reform
School shall be allowed and paid out of said money here-
by appropriated.
XIV. Every bnv sent to the reform school shall remain Boys to re-
,., , ,. main till of
until he is twenty-one years of age, unless sooner dis- age or
charged or bound as an apprentice by the board of direc- l ' eformetL
tors; But no boy shall be retained after he has been re-
ported by the superintendent and found by the board or
executive committee to be fully reformed; Provided, That criminal boys
in any case where a boy is committed to the reform
school for an offense punishable by confinement in the tiary.
penitentiary, and it is found by the board of directors
that the reform school is unable to benefit such boy, and
tliMt his presence is ,-i t'eirimt'iit < r menace to other boys
in the institution, or to the general good of the school,
he may be securely returned to the court which sentenced
him, and said court shall thereupon pass such sentence
upon him as to confinement in the penitentiary as may
be pn per in ihe nn>mNe-:. < r n^ : il should have done had
it not sentenced him to the reform school.
And the governor shall have power, when in the judg- ,
Governor
may
ment of the warden of the penitentiary and the superin-
tendent of the reform school it is advisable, to remit the
penalty of any youthful offender, under Ihe age of six-
teen years, confined in the penitentiary, to a sentence to
the reform school.
CV. If any nersen shall entice, or attempt to entice. Persons as-
away from the reform school any boy legally committed Satefi?"
to the same: OT shall aid or abet any boy to escape from gJalf 1 ^' &C "
said reform school; or shall harbor, conceal, or aid or be guilty of
ab^t in harboring or concealing-, any boy who shall have
escaped therefrom ; or shall, without the permission of the
superintendent, give or sell, or aid or abet any other per-
son to give or sell, to anv boy in said reform school,
whether on the premises of said institution or otherwise,
any money, firearms, intoxicating drinl^ tobacco, cigar-
ettes, or other article whatsoever; or sfiall in any way
cause or influence, or attempt to cause or influence, cr
102
'"' StHoVr/i/Aw OF WEST VIRGINIA
Officers to
arrest.
Fees and
charges.
tnsfein, any boy in said reform school to vio-
late any rule of the institution or to rebel against the gov-
ernment of said school in any particular ; or shall receive
by the hands of any such boy anything of value, whether
belonging to the State or otherwise : such person shall
be deemed guilty of a misdemeanor, and, upon convic-
tion therefor, shall be fined not less than ten nor more
than one hundred dollars, or be confined not more than
twelve months in the county jail, or both fined and im-
prisoned as aforesaid, as the court may deem proper.
And the superintendent, or any of his assistants, or any
one authorized in writing by him, or any sheriff, con-
stable, policeman, or other peace officer, shall have power*
and it is hereby made his duty, to arrest any boy, when
in his power to do so, who shall have escaped from said
school, and return him thereto.
XVI. Justices and constables and juries shall have
the same fees in the proceedings for the commitment of
boys to the reform school as are allowed by law for
similar services in other criminal cases, and such fees
shall be audited by the county court of the county, and
paid out of the county treasury. For transporting a
boy to the reform school the officer having him in charge
shall be allowed five cents for each mile of necessary
travel, either in going or returning: and said costs of
transportation in case the boy has been convicted of a
felony shall be paid out of the State treasury in the same
manner that other criminal charges are paid out of said
treasury; and in case the boy has been convicted of a
misdemeanor, or been committed by a justice, said costs
of transportation shall be paid out of the treasury of the
county, from which said boy is committed, in the same
manner as other criminal charges are paid out of the
treasuries of the counties.
Name.
Appropria-
tion.
PREPARATORY BRANCH OF THE WEST VIRGINIA UNIVERSITY
AT MONTGOMERY, FAYETTE COUNTY
1. There shall be established a school at Montgomery,
in the county of Fayette, to be called the Preparatory
Branch of the West Virginia University, by which
name it shall have and hold all the properly, funds, in-
vestments, rights, powers and privileges granted by this
act. by bequest, private subscriptions, donation or
otherwise.
2. It being estimated that the sum of ten thousand
dollars will be needed for the purpose of the erection of
suitable buildings and the purchase of a site for said
SCHOOL LAW OF AVEST VIRGINIA 103
school, therefore the sum of five thousand dollars pay-
able out of the revenues of this fiscal year, one thousand
eight hundred and ninety-five, is hereby appropriated
out of any money in the treasury, to be expended under
the directions of the board of regents of said school for
said purpose.
For the government and control of said school there Regents,
shall be a board of regents consisting of the state super-
intendent of free schools and the members of the board
of regents of the West Virginia University. As such
they may sue and be sued, plead and be impleaded, con-
tract and be contracted with and have a common seal.
3. Said board shall have all the powers to act and Power* of
shall act and be controlled according to and under the regentB -
laws of chapter forty-five of the code of West Virginia,
governing the board of regents of the West Virginia
University, except as herein limited by this act.
4. Said board of regents shall as soon as this act takes Boardito let
, let the contract ;md provide for the erection of contract..
suitable buildings upon the site selected and furnished
for said school by the citizens of, the town of Mont-
gomery, Fayette county. Said buildings to be com-
pleted and said school opened not later than the first day
of September, one thousand eight hundred and ninety-
six. Said board shall provide suitable books, furniture
and apparatus necessary for the successful operation of
said school, all of which shall be paid for as herein pro-
vided.
5. That the property in all grounds, buildings and p rop erty
improvements erected under the provisions of this act,
shall be vested in the board of regents of said school, to
be used and controlled, as in like manner, is the prop-
erty of the West Virginia University used and controlled
by its said board of regents.
6. There shall be taught in said school such branches
of learning as are taught in the preparatory department
of the West Virginia University and in the normal
schools of this State; but no student shall receive in-
struction free of tuition in any of the branches herein
designated, except as to sneh as are taught free in the
preparatory department of the University of West Vir-
ginia.
7. It shall be the duty of the said board of regents to Teachers,
employ and fix the salaries of a sufficient ancl competent
corps of teachers and other necessary officers. Said
teachers and officers to be paid as is provided by law
for the payment of teachers and officers of the West -Vir-
ginia University.
104
SCHOOL LAW OF WEST VIRGINIA
Tuition.
Tuition, etc.;
how applied.
g^ AII students of this or other States desiring to
take other branches of study than those designated in
said preparatory courses. or take other course of study
in said school shall pay such tuition as shall be herein-
after fixed by the faculty of said school.
9. All money arising from tuition, matriculation fees
Qr ^herwise coming into the hands of the treasurer of
said school shall be used and applied to the payment of
the teachers' salaries and other liabilities of said school.
BLUEPIELD COLORED INSTITUTE
Name.
Board of
Regents.
f'owe'-s of
board.
Provisions
for school.
1. There shall be established a school at Blue-field,
county of Mercer, to be called "Bluefield Colored Insti-
tute/' by which name it shall have and hold all the
property, funds, investments, rights, powers and privi-
leges created by this act, by bequest, private subscrip-
tion, donation or otherwise.
2. For the government and control of said institute
there shall be a board of regents consisting of the State
Superintendent of Free Schools and five other persons,
not more than three of said five persons shall belong to
the same political party. Said board shall be a brdv cor-
porate under the style of ' ' Board of Regents of the Blue-
field Colored Institute." and as such may sue and be
sued, pleaol and be impleaded, contract and be contracted
with, and have and use a common seal. The Governor
shall, between the fifteenth day of March and the fif-
teenth day of May, in the year nineteen hundred and one,
and every four years thereafter, nominate and, by and
with the advice and consent of the Senate, appoint said
five regents, whose term of office shall begin on the first
day of June next after their appointment and continue
for four years and until their successors are appointed
and qualified. A vacancy in the office of regent shall be
filled by appointment by the Governor for the unexpired
term. The compensation of said regents shall be the same
as that provided for the regents of the West Virginia
Colored Institute. The term of office of the regents now
in office shall expire on the thirty-first day of May. nine-
teen hundred and one.
3. Said boards shall have all the powers to act, and
shall act and be controlled according to and under the
laws governing the board of regents of the normal
schools of this State, except as here limited by this act.
4. The said board of regents shall, as soon as this act
take's effect, let the contract and provide for a suitable
building upon the site selected for said school by the 1
SCHOOL LAW OF WEST VIRGINIA 105
said board of regents, said building to be completed and
said school opened not later than the first day of Sep-
tember, one thousand eight hundred and ninety-six.
Said board shall provide suitable books, furnitue and
apparatus necessary for the operation of said school, all
of which shall be paid for as hereinafter provided.
5. The property and all grounds and improve- Property,
ments erected under the provisions of this act, shall be
vested in the board of regents of said school, td be used
and controlled in like manner as the property of the
normal school and branches is usecl and controlled by its
said board of regents.
6. There shall be taught in said .school such branches
of learning as are taught in the preparatory department
of the West Virginia University and in the normal
schools of this State, but no student shall receive in-
struction free of tuition in any of the branches here
designated except as provided in section ninety-six of
chapter forty-five of the Code of West Virginia, and as
to such as -are taught free in the preparatory depart-
ment of the University of West Virginia.
7. It shall be the duty of the said board of regents to
empiov and fix the salaries of a sufficient and compe-
tent corps of teachers and other necessary officers, such
teachers and officers to be paid as is provided By law for
the payment of teachers and officers of the normal
schools of this State. The said salaries To be paid out
of any moneys in the State treasury not otherwise ap-
portioned. , . .
8. All students of this State desiring to take other
branches of studies than those designated in said pre-
paratory course or takinsr other courses of study in
said school, shall pay such tuition a? shall hereafter be
fixer] by the faculty of said school.
9. All students from other states shall be required to
pay such tuition as shall Be designated by the said Board
of regents.
10. All money arising- from tuition, matriculation fees
or otherwise, coming into the hands of the treasurer of
said school, shall Be used and applied to the payment of
teachers' salaries and other liabilities of said school.
KKVSKK I'RKl'AKATOUY BRANCH OF THE WEST VIRGINIA
UNIVERSITY
I. There shall be established at Keyser, in the county Name>
of Mineral a school to be called the " Keyser Preparatory
Branch of the West Virginia University," By which name
it shall hold all the property, funds, investments, rights,
106
SCHOOL LAW OP WEST VIRGINIA
Appropria-
tion.
Board of
Regents.
Counties
represented
on board.
Building.
Property
Tested in
board.
powers granted and may receive and hold by bequest
private subscriptions., donations or otherwise money and
other property.
II. It being estimated that the sum of twenty thou-
sand dollars will be needed for the purpose of erecting
suitable buildings for said school, therefore, the sum of
seven thousand five hundred dollars is hereby appropri-
ated out of the revenues of the fiscal year, one thousand
nine hundred and one, and the sum of twelve thousand
five hundred dollars out of the revenues of the fiscal year
one thousand nine hundred and two, is hereby appro-
priated out of any money in the treasury to be expended
under the directions of the board of regents of said
school for said purpose. For the government and control
of said school, there shall be a board of regents consist-
ing of six members, who shall be appointed by the Gov-
ernor; not more than four of whom shall be of the same
political party, and who/ with the State Superintendent
of Free Schools, who shall be ex-officio member shall con-
stitute said board; two of the members of said board of
regents shall hold their office for the term of two years,
beginning the first day of June, 1901 ; two for the term
of four years and two for the term of six years. Vacan-
cies occurring in the board shall be filled by the Governor
as they occur.
Tne members of said board shall be appointed from the
citizens of Mineral, Grant, Hardy, Morgan, Pendleton,
Tucker, Preston and Hampshire counties, and before en-
tering upon the discharge of their duties, the members of
the board shall take an oath to faithfully discharge their
duties. The said board shall be known as the board of
regents of the "Keyser Preparatory Branch of the West
Virginia University/' by which name said board shall
sue and be sued, make contracts, receive and hold real
and personal property as aforesaid.
III. Said board of regents shall as soon as practicable
after this Act takes effect, contract and provide for the
erection of suitable buildings upon the site selected and
furnished for said school by the town of Keyser, in Min-
eral county. Said buildings to be completed and said
school opened by the first day of October, 1902. Said
board shall provide suitable books, furniture and appa-
ratus necessary for the successful operation of said school.
All of which shall be paid for as herein provided.
IV. That the property, buildings and improvements
erected under the provisions of this Act, shall be vested
in the board of regents of said school, to be used and con-
trolled for the purposes of this Act.
SCHOOL LAW OF WEST VIRGINIA 107
V. There shall be taught in said school such branches
of learning as are taught in the Preparatory Department
of the West Virginia University and in the Normal
Schools of this State, including mechanics and such other
branches as shall fit the pupils for useful trades and call-
ings. But no student shall receive instruction free of tui- Tuition.
tion in any of the branches herein designated, except as
to such as are taught free in the Preparatory Department
of the West Virginia University.
VI. It shall be the duty of said board of regents to ? e a a?nerl of
employ and fix the salaries of a sufficient and competent
corps of teachers and officers, to be paid as provided by
law, and as directed by said board of regents.
VII. All students of this or other States desiring to
take other branches than those designated in said pre- tuition.
paratory course, or to take other courses of study in said
school, shall pay such tuition as shall be fixed by the
board of regents.
VIII. All money arising from tuition, matriculation Money, how
fees or otherwise coming into the hands of the treasurer us
of said school, shall be used and applied to the payment
of the teachers salaries, and other liabilities of said
school.
IX. No part of this appropriation provided for in this K
Act shall be expended in the construction of buildings,
providing furniture for said school, nor be used for that
purpose until the board of regents shall certify to the
Auditor that the town of Keyser, or the citizens thereof,
have donated to the board for the purposes of this Act
at least the sum of five thousand dollars, in land, money
or other property.
X. And the Auditor is hereby authorized to draw his
warrant on the Treasurer of this State, payable to th n
treasurer appointed by said board, for the money appro-
priated by this act when payable according to the terms
of this Act.
XI. The board of regents of said school shall have
power to appoint a treasurer, and require him to give Treasurer
bond, with good security to be approved by said board, secretary and
and also a secretary, to appoint an executive committee
of not more than three persons, citizens of Keyser, to
have the care, control and management of said school,
under the order and direction of the board of regents.
XII. The members of the board of regents shall re-
ceive three dollars per day for the time actually employed board.
by them and their actual expenses while attending the
meetings of the board, which shall be verified by oath.
108
SCHOOL LAW OF WEST VIRGINIA
UXCODIFIED LAWS
Optional
text book.
Davies' "Facts in Civil Government" be, and the same
is 'hereby made a supplementary and optional text-book
for use in the free schools of the State, the same to con-
tain the constitution of West Virginia. The price at
which such book shall be furnished to be 55 cents per
copy.
The boards of education throughout the State, out of
the building funds of their districts may provide for the
purchase of a United States Flag, four by six feet of
regulation bunting, for each school house in their district
and require the same to be displayed over the school
house during, the time the school is in session.
The trustees of such school district shall, in ac-
cordance with the direction of the board of education,
place such flag over the school house in their school dis-
trict at the beginning of the school term therein, and
said trustees shall cause the teachers to keep said flag so
displayed during the time the school is in session, except
that on stormy or inclement days, said flag shall not be
so displayed, if in the judgment of said teacher such in-
clement weather would be destructive of said flag.
Election days All election days shall be legal holidays throughout
the district or municipality in which the election is held
Boards may
purchase
flags.
Trustees to
keep flags
displayed.
Holidays
designated.
The following named days be regarded, treated and
observer! as legal holidays, viz: The first day jf
January, commonly called "New Year's Day;" the twen-
ty-second day of February, commonly called "Washing-
ton's Birth Day:" the fourth day of July, commonly
called "Independence Day;" the thirtieth day of May,
commonly called "Memorial Day;" the twenty-fifth day
of December, commonly called "Christmas Day:" the
first Monday in September, commonly called "Labor
Day;" any national or state election day, and all days
that may be appointed or recommended by the Governor
of this State or the President of the United States as days
of thanksgiving, or for the general cessation of business:
and when either of said days or dates falls on Sunday,
then it sTTall be lawful to observe the succeeding Monday
as such holiday: Provider!, that when the return day of
any summons or other court proceeding, or any notice, or
the time fixed for holding any court, or doing any official
act, shall fall on either of said holidays, the next ensuing
secular dav shall be taken as meant and intended.
APPENDIX
ORDER OF PROCEEDINGS AT THE FIRST ANNUAL MEETING OF THE BOARD
AFTER THEIR ELECTION
[See Section 8.]
1. Appoint a secretary.
2. Appoint one trustee for each sub-district.
3. Determine the number of months the schools shall be taught
in the district during the school year.
4. Determine the number of teachers that may be employed in
the sub-districts, allowing at least one for each school house.
5. Fix the salaries of teachers according to the grade of certifi-
cate.
6. Estimate the number of teachers of each grade that will be
employed.
7. Ascertain the whole number of months to be taught in the
district by teachers of each grade.
8. Determine the aggregate amount of money necessary to pay
all the teachers.
9. Ascertain the unexpended balance of the teachers' fund in the
hands of the sheriff, due the district from last year, after paying
all salaries due teachers the preceding year.
10. Ascertain any other moneys available to the teachers' fund.
11. Deduct these amounts from the aggregate amount necessary
to pay all the teachers.
12. Lay the district levy for teachers' fund large enough -to cover
this amount, making proper allowances for exonerations, delinquen-
cies and commissions.
110 SCHOOL LAW OF WEST VIRGINIA
The following calculation will be convenient for reference in mak-
ing levies for school purposes :
i
Number of teachers to be employed in the district 20
Number of months to be taught during the year 6
Amount of money to pay all teachers (estimated) $ 4,380
This estimate is made as follows :
10 No. 1 grade teachers at $40 per mo 400
6 No. 2 grade teachers at $35 per mo 210
4 No. 3 grade teachers at $30 per mo 120
Monthly pay $ 730
Mumber of months 6
Total for term '. $ 4,380
Deduct amount on hand including amount of general school
fund. 1,880
$ 2,500
To ascertain the number of cents to be levied on every one hun-
dred dollars' valuation of property in the district to raise $2,500 by
taxation, suppose the whole valuation in the district to be $600,000.
RULE Drop the cents, if any, and add four ciphers to the amount
in dollars to be raised by the levy, and divide by the amount in dol-
lars taxable property.
Example : 600,000) 25,000,000 (41 2-3 cents.
24,000,000
1,000,000
600,000
400,000 .
600,000
Similar calculations should be made in relation to the Building
Fund.
14. Determine the method and enter it on record, for calling spe-
cial meetings of the board when necessary.
FORM NO. I
FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF EDU-
CATION.
OFFICE OF THE BOARD OF EDUCATION )
DISTRICT, IN THE COUNTY OF )
WEST VIRGINIA.
At a meeting of the Board of Education held on the .... day of
, 19 . . , there were present, president, and
and , members of the board.
On motion of , it is ordered that be, and he is
hereby appointed Secretary of this Boarfl.
SCHOOL LAW OF WEST VIRGINIA 111
On motion, it is ordered that the following named persons be ap-
pointed trustees in the following named sub-districts, for a term of
three years, and until their successors are appointed and qualified :
Trustee for Sub-District No. 1.
Trustee for Sub-District No. 2.
On motion of , it is ordered that the salaries of teachers
per month, for the school year, shall be as follows, according to the
grade of their certificate: For grade No. 1, $....; for grade No. 2,
.$....; for grade No. 3, $ ....
It is found by the boarkl that in addition to the available funds
now on hand, $. . . . will be necessary for the payment of teachers'
salaries for the current year, and on motion of , it is ordered
that a tax of .... cents on the one hundred dollars' valuation of
the real estate and personal property of the district be levied for
that purpose.
' A similar order should be entered in relation to the levy for
"Building Fund.)
On motion of , it is ordered that the president arid secre-
tary of this board be authorized to sign, in vacation, all proper or-
ders for the payment of money out of the teachers' fund or the build-
ing fund, for the salaries of teachers employed and claims allowed
by the board, and that they report the orders drawn on each fund,
at the next meeting of this board.
The secretary of this board made a report this day for the several
orders drawn by him and the president, on the teachers' fund and
the building fund, respectively, since the last meeting of the board,
us follows: An order on the teachers' fund, in favor of ,
a teacher, for $....; an order in favor of , a teacher, for
$....; also an order on the building fund, in favor of , for
work done on school house, for $....; and an order, IB
favor of for furnishing wood for school house,
for $ ....
On motion of it is ordered that when in the opinion of
the president or of the two commissioners it is deemed necessary,
the president or secretary may call a special meeting of this board.
On motion the board does now adjourn.
.... President.
Secretary.
112 SCHOOL LAW OF WEST VIRGINIA
FORM NO. II
ORDER OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF TRUS-
TEES
[To be entered in records of the board.]
There being a vacancy in the board of trustees in sub-district No.
, in the district of , on motion of , it
is ordered that be, and he is hereby appointed to fill said
(vacancy for the unexpired term, and till his successor shall be ap-
pointed and qualified.
NOTE Thie order of appointment should be entered in thereeord book of the board
of education at a regular meeting, and a copy of it signed by the secretary of the
board served upon the appointee.
FORM NO. Ill
APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A
VACANCY
OFFICE OF COUNTY SUPERINTENDENT, )
OF THE COUNTY OF )
, West Virginia, , 19 ...
It having been made known to me that there is a vacancy in the
board of education in district in my said county, I
...... , county superintendent of said county., in pursuance
of the authority vested in me by law, hereby appoint
to fill the vacancy in said board for the unexpired term.
, County Superintendent.
FORM NO. IV
OATH OF OFFICE
State of West Virginia, County of , to-wit :
I, , do solemnly swear (or affirm) that I will support
the Constitution of the United States, and the Constitution of this
State, and that I will faithfully discharge the duties of my office of
to the best of my skill and judgment. So help me
God.
A B .
Sworn to and subscribed before me, , a justice of
the peace, the .... day of , 19 . .
C D , J. P.
SCHOOL LAW OF WEST VIRGINIA 113
FORM NO. V
RM TO BE USED IN THE SETTLEMENT BY THE SHERIFF WITH THEi
SEVERAL BOARDS OF EDUCATION, ON OR BEFORE THE 30TH
DAY OF JUNE IN EACH YEAR
, Sheriff of county, in account with
the Teachers' Fund of district for the year ending
June 30, 19 . .
To balance due District on settlement for the year ending June 80. 19
To amount due from State School Fund for the year ending June 80, 19.
To amount levied on a valuation of $... for the year ending June 30, 19.
at cents on each hundred dollars valuation
To amount received from other sources for the year ending June 30, 19...
[Itemize each sum received from "other sources," giving date, amount
and from whom received. ]
Total debits
Cts
Cts.
By balance due sheriff on settlement for the year ending June 30, 19
By sundry school orders paid to date
[The No., date and name of person to whom each order was drawn,
with the actual amount paid thereon by the officer presenting it, should
be given in detail. ]
By commission at 5 per cent, on net district levies...
By 2 per cent, commission on railroad levy
By exonerations (Name each person exonerated, the name and for what
year the exoneration is made)
By delinquent list for the year ending June 30, 19.
Total credits
Balance due district, (or sheriff, as the case may be) ...
FORM NO. VI
CALL FOR SPECIAL MEETING
OFFICE OF )
DISTRICT, )
COUNTY, W. VA. )
. ,19..
It appearing to that a special meeting of the board
of education of said district is necessary to transact business relating
to and other matters, a meeting is hereby called at
at o 'clock M., , 19 .. You
are requested to be present.
, Secretary.
To .
114 . SCHOOL LAW OF WEST VIRGINIA
FORM NO. VII
FOR TRANSFER
............ DISTRICT, )
...... COUNTY, W. VA. )
SUB-DISTRICT^ No ....... )
It appearing to the undersigned, trustees of ......... sub-district
that ........................ , children of ................ of
........ sub-district are so situated as to be better accommodated
in sub-disMct no . . . . , ........ district, ........ County, W.Va.,
this is to certify that said trustees have this day, as required by law,
transferred them to that district. This transfer is to commence on
the .... day of .......... , 19 . . , and continue in force ..........
months.
To the Trustees of Sub- ) .................... )
Dist. No. . . of . . Dist., ) ................ ---- ) Trustees.
____ . . County, W. Va. ) ----- ................ )
On the reverse of the transfer (Form VII) the following endorse-
ment may be made :
Transfer of .... scholars from sub-district no . . . . , ...... Dis-
trict, . . ....... County, to sub-district no ---- , ........ District,
........ County, W. Va.
We, the trustees of the last "named sub-district, this day ......
*aceept the within transfer in accordance with sec. 12 school law,
.......... ,19..
) Trustees.
Or refuse to accept.
NOTE Trustees accepting transfers from other districts should transmit them to
their board of education, there to be kept on file for the information of the board in
making settlements for the amount due for the transferred pupils.
Trustees making transfers should furnish their board with information of all
transfers made by them, to enable the board to provide for the payment of the pro
rata expenses of the transferred pupils. The following form may be used by the
trustees:
To the president of the Board of Education of ........ district:
This is to certify that the undersigned, trustees of sub-district
no . . , ......... District have transferred as required by law ......
pupils, the children of ........ , from this sub-district to no ..... ,
. ....... District, ........ County, to begin on the .... day of
........ 19 . . and continue .... months.
) Trustees.
SCHOOL LAW OP AVEST VIRGINIA 115
FORM NO. VIII
FORM OF CONTRACT BETWEEN TRUSTEES AND TEACHER
This Contract Witnesseth, That ................ , .......... ,
and .................. , trustees of sub-district No ....... in the
district of ............ , and county of ............ , West Vir-
giinia, of the first part, having met together as required by section 13
of the School Law, and ................ . . . ., a teacher holding a
No ..... teacher's certificate, of the second part, have this day
agreed that said ............ shall teach the free school in said
sub-dictrict, for the term of ...... months, commencing on the ....
day of .......... , 19 . . , for the sum of ........ dollars per month,
and that for said services, properly rendered, the trustees aforesaid
will pay, as prescribed by law, the amount of salary due said
.............. according to the terms of this contract.
And it is further agreed that if for any legitimate reason the
school is not begun on the date mentioned, or if for such cause it is
discontinued or suspended, neither party shall have recourse on the
other for damages.
Witness our hands, this .... day of ............ , 19. .
.................... ) Trustees.
.................... )
.................. , Teacher.
FORM NO. IX
SECRETARY'S NOTICE TO COUNTY SUPERINTENDENT, ASSESSOR AND
COUNTY CLERK, OF RATE OF LEVIES
OFFICE OF SECRETARY BOARD OF EDUCATION.
.................. , 19. . *To .......... of ........... county,
At a meeting of the board of education. of ............ district
of said county, held on the .... day of ............ , 19 . . , it was
ordered that levies for the support of the free schools of the district
for the year beginning the first day of July, 19. ., be .made for the
respective funds at the following rates:
For Teachers' Fund, ........ cents on the $100 valuation.
For Building Fund, ........ cents on the $100 valuation.
Respectfully,
.................... , Secretary.
SECTION 44 SCHOOL LAW. Immediately upon the receipt of the
certificate mentioned in the preceding section, and of the notice from
the county superintendent, as hereinafter provided, showing the
amount of the general school fund to which such district, or inde-
pendent school district is entitled, it shall be the duty of the board
of education of such district to determine the rate of taxation nec-
*Write Assessor, Clerk of County Court or County Superintendent as the case may
be. Each must fce notified promptly. **
116 SCHOOL LAW OF WEST VIRGINIA
essary for the pay of teachers and for the building fund in their
district for the school year and for the payment of any such existing
indebtedness, as aforesaid, and report the same by their secretary,
to the clerk of the county court, to the county superintendent and
also to the assessor ; and thereupon, it shall be the duty of the said
assessor to extend on his books of assessment for State and county
purposes the amount of taxes levied as aforesaid, in two separate
columns, the one headed "Teachers' Fund," and the other "Build-
ing Fund," from which extension the sheriff shall proceed to collect
the same, and shall account therefor as required by law. Any as-
sessor who shall fail to make out and deliver the certificate mentioned
in the forty-third section, and any secretary of a board of education
who shall fail to make out and deliver the certificate named in this
section shall be fined twenty dollars, for the benefit of the Building
Furid of the district.
FORM X
COUNTY SUPERINTENDENT'S CERTIFICATE TO SECRETARIES OF THE
AMOUNT OF RAILROAD TAX
OFFICE COUNTY SUPERINTENDENT FREE SCHOOLS.
To the Sec'y Board of Education of District.
County, West Virginia.
You are hereby notified that the amount due your district for
school purposes and chargeable to the Sheriff on the respective ac-
counts of Teachers' and Building Fund in proportion to the rate of
levy for each, for the school year ending June 30, 19 . . , from the
Railroad Company is Dollars.
Given under my hand this .... day of ,19
Dated , 19 County Sup't County,
When the County Superintendent is notified by the Auditor of
the amount paid into the treasury by the Railroad Company to the
credit of any district for school purposes; or, is notified of the
amount of Railroad tax certified by the Auditor to the Sheriff of
the County for collection for school purposes, he should, without
delay, notify (on this blank) the Secretaries of the respective
Boards of Education of the amount due them from the different
Railroad companies that have property in their respective districts.
The secretaries of the Boards, when they are notified as above
directed, should divide the amounts so reported, between the
Teachers' and Building Funds in proportion to the rate of levy made
for each. The amounts should then be charged up to the Sheriff
on account of the respective Funds.
SCHOOL LAW OF WEST VIRGINIA
FORM NO. XI
117
COUNTY SUPERINTENDENT S CERTIFICATE TO THE AUDITOR OF DIS-
TRIBUTION OF STATE FUND FOR HIS COUNTY
OFFICE COUNTY SUPERINTENDENT FREE SCHOOLS, )
, , COUNTY, W. VA., , 19. . )
To the Auditor of the State of West Virginia.
SIR: The following: shows the apportionment made by me, to the
several school districts of the county of , for the school
year commencing July 1st, 19. .
Whole amount certified by State Superintendent, $
Amount deducted for salary of County Superintendent,
Whole amount distributed to the several school districts,
Amount distributed to each school district respectively :
DISTRICTS. P SSt e ?6thf
Payment of
Dec. 15th.
Total.
District, f
$
S.
-
4 1
$
$
Total $
INDEPENDENT DISTRICTS.
District. $
'
44
Total $
, County Superintendent
of County.
118 SCHOOL LAW OF WEST VIRGINIA
Section 22 of the School Law requires county superintendents to
apportion the State Fund among the several districts of their re-
spective counties and to report the same on this form to the Auditor.
FORM NO. XII
COUNTY SUPERINTENDENT'S CERTIFICATE TO SECRETARIES OF THE
AMOUNT OF STATE FUND
OFFICE OF COUNTY SUPERINTENDENT FREE SCHOOLS.
COUNTY, WEST VIRGINIA.
19..
To the Secretary of the Board of Education of District.
I hereby certify that the amount of State School Fund appor-
tioned to your district for the school year beginning on the 1st (lav
of July, 19. ., is
dollars.
Enumeration for 19 . . , (corrected)
County Superintendent.
This amount will be paid to the sheriff of the county in two equal
installments, on September 15th, and on December 15th, next; pro-
vided your board levy for a sum, which, together with the balance
on hand, funds from other sources, and this State fund, will be
sufficient to pay for having the schools of your district taught for at,
least five months in the year. You will charge the sheriff with the
above amount on account of the teachers' fund.
As soon as the county superintendent receives notice from the
State Superintendent of the amount apportioned to his county, he
should apportion the amount among the respective districts and
independent districts, according to the number of younts between fi
and 21 in each, ascertained by the last enumeration, and should
thereupon notify the respective secretaries n this blank (Form
18) without delay.-
FORM NO. XIII
ASSESSOR'S NOTICE TO SECRETARIES OF VALUATION OF PERSONAL
PROPERTY
OFFICE OF ASSESSOR
OF COUNTY.
WEST VIRGINIA.
To the Secretary of the Board of Education of District:
The assessed valuation of the personal property in your district
on the first day of January, 19 v , aggregates $
Given under my hand the . . .* . day of , 19 . .
, Assessor.
P. 0. Address,
SCHOOL LAW OF WEST VIRGINIA 119
A cop}- of this notice should be sent to the secretary of eaeh dis-
trict at the very earliest moment possible, as he must have it on
the first Monday in July, at the annual meeting of the board of
education.
The assessor of every assessment district shall make out and de-
liver to the secretary of the board of education of each district
and independent school district in his district, on or before the first
day of July in each year, a certificate showing the aggregate value of
all personal property ; and the clerk of the county court shall certify
to the said secretary the aggregate value of all real estate in such
district or independent school district, which certificates shall serve
as a basis for any levy that may be made for school purposes for
that year. (Sec. 43 School Law.)
Any assessor who shall fail to make out and deliver the certificate
mentioned in the forty-third section, and any secretary of a board
of education who shall fail to make out and deliver the certificate
named in this section, shall be fined twenty dollars, for the benefit
of the building fund of the district. (Part of Sec. 44 School Law.)
FORM NO. XIV
COUNTY CLERK'S NOTICE TO SECRETARIES OF ASSESSED VALUATION OF
REAL ESTATE
OFFICE CLERK COUNTY COURT
County, W. Va.
West Virginia.
To the Secretary Board of Education of District:
The assessed valuation of the real estate in your district on the
first day of January, 19 . . , aggregates $
Given under my hand the day of , 19 . .
Clerk of County Court.
A copy of this notice should be sent to the secretary of each dis-
trict at the very earliest moment possible, as he must have it at the
annual meeting of the board of education on the first Monday ill
July.
The assessor of every assessment district shall make out and de-
liver to the secretary of the board of education of each district and
independent school district in his district, on or before the first day
of July in each year, a certificate showing the aggregate value of
all personal property; and the clerk of the county court shall cer-
tify to the said secretary the aggregate value of all real estate in
such district or independent school district, which certificates shall
serve as a basis for any levy that may be made for school purposes
for that year. (Section 43 School Law.)
120 SCHOOL .LAW OF WEST VIRGINIA
FORM XV
COUNTY CLERK *S NOTICE TO SECRETARIES OF DELINQUENT LISTS
OFFICE CLERK COUNTY COURT
COUNTY.
WEST VIRGINIA.
To the Secretary Board of Education District:
The sheriff of county is entitled to credits for the
delinquent list (including property erroneously and improperly
charged) for the year ending June 30, 19. .:
On Real Estate for Teachers' Fund, $
On Personal Property for Teachers ' Fund $
Total for Teachers' Fund, $
On Real Estate for Building Fund, $
On Personal Property for Building Fund, $
Total for Building Fund, $
You will charge the sheriff with the following amounts, certified
by the Auditor as paid to the sheriff on account of redemption of
delinquent lands paid into the treasury before sale :
For Teachers' Fund, ......$
For Building Fund, $
Given under my hand the day of , 19 ..
Clerk of County Court.
The said lists shall be returned to the county court before the first day of July
in every year, and the list of real estate shall be examined, corrected and allowed
'by said court, and a copy thereof certified to the Auditor, and another copy to the
assessor for future use in making out the next land book. The list of personal
property shall also be examined, corrected, and allowed by the court, and the
amount thereof so allowed, together with the amount allowed of the list of real
estate, shall be certified by the clerk of said court to the secretary of the board
of education of the proper district. The original list shall be preserved by the
clerk of said court in his office. Sec. 48, School Laic.
FORM NO. XVI.
TRUANT OFFICER'S NOTICE
,W,Va, ,190..
M
Dear
You are hereby notified that the attendance of ,
, and
being under your control are required to attend school and according
to the provision's of section lOa, Chapter 45 of the Code as revised
by the Legislature of 1903, such attendance must commence within
five days from receipt of this notice unless due cause be shown why
such child or children should not attend.
SCHOOL LAW OF WEST VIRGINIA 121
Should yon fail to comply with the requirements of this law, you
will be subject to a fine of two dollars for the first offence and five
dollars for each subsequent offence.
Respectfully,
Truant Officer,
District County, West Virginia.
Note. This notice should be mailed where practicable, otherwise it must be
delivered by the truant officer in person or sent by a reliable carrier.
FORM NO. XVII
Members Board of Education, District, County,
West Virginia.
GENTLEMEN : I hereby certify that I have investigated
cases under the truancy law during the month of , 19 . , ,
of which number were prosecuted and con-
victed. I have mailed .... notices, delivered in person .... notices
and sent by other means .... notices.
In all I have spent hours* or days and .... hours
in the discharge of my duties as truant officer.
Respectfully,
Truant Officer,
District, . . . : County, W. Va.
Personally appeared before me, of
County, the said and, on oath, says that the above
report is true and correct, to the best of his knowledge and belief.
Given under my hand this day of , 190 . .
* Note. Nine hours should be reckoned as constituting a day.
FORM XO. XVIII
TRUANT OFFICER 'S STATEMENT TO SHERIFF
, W. Va., 190..
M ,
Sheriff of County,
;... W. Va.
DEAR SIR : Under the provisions of Sec. lOa, Chap. 45 of the Code
the following fines were imposed in district,
County, under my jurisdiction during the month of , 19. . :
122
SCHOOL LAW OF WEST VIRGINIA
NAME.
Address.
Date.
Amount of
Fine.
Child For Which
Fined.
Age of
Child.
$. ..
Total
$
Respectfully submitted,
'. ., Truant Officer,
. . District, . . County. W. Va.
FORM NO. XIX
STATEMENT OF APPORTIONMENT OF THE GENERAL SCHOOL FUND
STATE OF WEST VIRGINIA,
DEPARTMENT OF FREE SCHOOLS.
Charleston, June , 190 . .
To , County Superintendent,
, W. Va.
DEAR SIR :
The following is the amount of the General School Fund appor-
tioned to your county for the year beginning July 1, 190. ., and end-
ing June 30, 190. .:
Net amount apportioned $
County Superintendent 's salary $
Gross amount apportioned $
Total enumeration of your county,
You will please make the apportionment of the above NET amount
among the several districts of your county at once that the boards of
education may have the same in their hands at their first meeting in
July.
Respectfully,
State Superintendent of Free Schools.
SCHOOL, LAW OF WEST VIRGINIA 123
FORM NO. XX
SCHOOL BOOK BOND
Know all men ~by these presents, That we
, Principal, and and
sureties, are held and firmly bound unto
the State of West Virginia, in the sum of ten thousand ($10,000)
dollars, lawful money of the United States' of America, to be paid
unto the said State, for which payment well and truly to be mado,
we bind ourselves, our heirs, executors and administrators, jointly
and severally, firmly by these presents.
Sealed with our seals and dated this day of ,
in the year one thousand eight hundred and ninety
WHEREAS, by a certain agreement in writing, bearing date on the
day of 190 . . , the above bounden
has covenanted, promised and agreed with the School Book
Board of County to supply certain school text-books
for use in the free schools of said County and State, as will in the
said agreement more fully and at large appear:
Now, therefore, the condition of the above obligation is such that
if the said shall faithfully, fully
and entirely do, perform, keep and observe the said agreement, and
every such agreement hereafter or heretofore made with any onther
School Book Board of any other county within this State, and each
and every of the covenants, provisions, agreements, terms and condi-
tions on h part to be done, performed, kept and observed, then
this obligation shall be void, otherwise to remain in full force and
virtue.
FORM XXT
SCHOOL TEXT-BOOK CONTRACT
THIS AGREEMENT, Made and entered in to this .... day of
, in the year of our Lord, one thousand nine hundred
and by and between the School Book Board of
County, State of West Virginia, under and by authority of the act
of the Legislature of said State passed on the 19th day of February,
1897, entitled "An Act to establish a School Book Board in every
county of the State and to prescribe its duties ; to provide for the sale
of school text-books, and to provide penalties for violations of this
act, " party of the first part, and : Dart of the second
part:
WITNESSETH : THAT, WHEREAS, the said part of the second
124 x SCHOOL LAW OF WEST VIRGINIA.
part, the publisher of certain text-books authorized by law to be used
in the free schools of said State of West Virginia, has agreed to fur-
nish the following text-books to every board of education or its
agents, depositary, 'agent of the party of the first part hereto, or to
any dealer or other person of the county, to be used in the free schools
of said State in the county of for the term of five
years from the .... day of . . . . ._ , 190. ., and at the prices
hereinafter specified, that is to say :
[Here state full and accurate title of each book, name of author, and name of publisher,
and price, including prices agreed on for exchange for other books, and for introduction,
if any such prices for exchange or introduction are agreed on.]
Now, THEREFORE, In consideration of the premises the part
of the second part hereby agree to furnish, and the party of the first
part agrees to purchase at the contract prices set opposite the title
to each book set forth in this agreement for the period of five years,
from the .... day of , 190 . . , the school text-books
hereinbefore described in adequate quantities and as needed from
time to time for the supply of said schools, and in quality of paper,
typography and binding equal to the sample copies furnished to
, County Superintendent of Free Schools for said
County, as provided in Chapter 62, Sec. 8 of the
Acts of 1897.
It is further stipulated and agreed that the said part of the sec-
ond part shall make no changes in said books used in the free schools
of this State during the continuance of this contract, except as here-
inafter provided.
It is further stipulated and agreed that the said part of the
second part shall print for the information of the County Superin-
tendent, Boards of Education, and for general circulation, 'a com-
plete schedule of the contract prices and exchange prices agreed
upon, and furnish to the County Superintendent at least as. many
copies thereof as there are school houses, and places, in the said coun-
ty of
It is further stipulated and agreed that no charge shall be made
by the second part to the boards of education, depositaries, or
other persons, for the boxing and cartage of such books, but said
books shall be delivered free of charge in good condition and prop-
erly packed on board the railroad cars at in the county
of and State of
It is further stipulated and agreed that at the expiration of this
contract the said part shall take back all copies of books that
SCHOOL LAW OF WEST VIRGINIA. 125
may be in the hands of said boards of education, school book boards,
or the agents of. either, and depositaries, and in good condition, and
refund the amount paid therefor.
It is further stipulated and agreed that if any of the books here-
inbefore named are geographies, the said part of the second
part may from time to time make such changes as may be necessary
to cause such books to conform to the facts as to later explorations,
the changes in forms of governments and political divisions, and the
discoveries of science, but such changes shall not be made so as to
alter the arrangement of the books.
It is further agreed that all the provisions of said act whether in-
corporated in this agreement or not shall be binding on the parties
hereto, and shall be taken, treated and deemed as a part of this agree-
ment.
In Witness Whereof, this agreement has been subscribed by the
said party of the first part by , its President, and by
the part of the second part, this day and year first above written.
The School Book Board of County.
By , President.
SCHOOL CALENDAR
JULY.
1. School year begins.
Member of board takes office.
(Or before) Assessor certifies value of property.
(Oc before) Sheriff settles with Board of Education.
(Before 1st day of July) Sheriff reports delinquent property.
1st Monday. Board of Education meets.
(Or as soon thereafter as practicable) Board of Education lays levies.
1st Wednesday. Presidents meet to appoint examiners.
4. Legal holiday.
3rd Monday. Trustees meet to employ teachers.
20. (Or before) Secretary reports rate of levy.
AUGUST.
1. (Or before) County Superintendent makes report to State Superintendent.
SEPTEMBER.
1. Auditor reports condition of school fund to State Superintendent.
1st Monday . Legal holiday .
NOVEMBER.
Last Thursday. Thanksgiving Day. Legal holiday.
DECEMBER.
25. Christmas, Legal holiday.
JANUARY.
1. New Year's Day. Legal holiday.
(Or before) State Superintendent makes report to Governor.
FEBRUARY.
22. Legal holiday.
APRIL.
1. (Or before) Teachers make enumeration.
15. (Or before) Secretary transmits copy of enumeration to County Superintend-
ent.
MAY.
1. (Or before) County Superintendent forwards to State Superintendent report of
enumeration.
30. Legal holiday.
JUNE.
10. (Or before) Auditor notifies State Superintendent of amount of general or
distributable school fund.
30. Sc&ool year ends.
INDEX
AGE PAGE. SEC. OPN.
requirement of teachers 36 28a ....
limits for compulsory attendance 16 10a ....
school 15, 16 10
classification of youth with regard to 25 19 ....
AGRICULTURAL EXPERIMENT STATION
establishment of and provisions relating to 82, 83 86a ....
bulletins issued by 88 860 ....
ALCOHOLIC DRINKS AND NARCOTICS
effects of upon the human system, special instruction in. ... 18 lla ....
to be taught as thoroughly as other branches 18 lla ....
penalty for failure to make the provisions for instruction in 18 lla ....
teachers to be examined in 18 lla ....
ASSESSOR
to certify value of personal property to secretary; when.. 52 43 ....
penalty on, for failure to certify value of personal property 53 44 ....
penalty on, for charging a greater amount of taxes than is
due 53 44
fines against, how recovered 53 44 ....
form of delinquent list of personal property to be used by. . 57, 58 47 ....
to furnisk list of property in sub-district 80 26 ....
to register names of deaf and blind persons 93 98a ....
AUDITOR
not to pay State fund to districts not making local levy 52 42
delinquent list to be certified to 58 48 ....
to include school taxes on real estate in delinquent list fur-
nished sheriff 59 49
to deduct salary of State Superintendent from general ; school
fund 73 60 ....
to certify to State Superintendent amount of general school
fund for distribution 73 61
to issue warrant for amounts of general school fund due
county-; when 74 62 ....
to report condition of school fund to State Superintendent;
when 76 68 122
is custodian of the school fund securities 78 74 ....
fees from examinations sent to 38 28o
BLUEFIELD COLORED INSTITUTE
Hame. appropriation and provisions for 1*4, 105 98c ....
branches to be taught K05 98c ....
BOARD OF BALLOT COMMISSIONERS
special provisions as to ticket 9 2 ....
duties of commissioners 10, 11 3 ....
12^ INDEX
BOARD OF EDUCATION PAGE. SEC. OPX.
who constitute 8 2 ....
time in which members to qualify 11 5a
members of, ineligible to other school offices 8 2 ....
tie in case of election of , how decided 9 2 ....
presidents of, to elect county superintendent in case of tie. . 9 2 ....
application of, to board of ballot commissioners 9 2 ....
to submit question of additional months of school; how.. 9, 10 2, 2a ....
to make required levies 9 2 ....
to require course of study to be carried out 18 11
time of first meeting of each school year 11 6 ....
members of, must not be interested in school contract 47 34 89
vacancies in ; how filled and what time 11 5 ....
to determine the number of teachers to be employed 12 6 ....
no business to be transacted without a quorum of, ex-
cept what 12 6
compensation of members of 12 6 9
a corporation with corporate rights 12 7 ....
may receive, hold and dispose of what 12 7 ....
process, how served on 12 7 ....
have control and supervision of schools in district 14 9 ....
may change boundaries of sub-districts 14 9 ....
duty of, in case county court change district boundaries. . 14 9 15
to cause school to be kept in each sub-district 15 10 ....
to employ teachers in case trustees fail to do so 15 10
to have revision of acts of trustees 19 12 ....
to pay another district tuition for transferred pupils 19 12 ....
may declare teacher's contract illegal 20 13 ....
to furnish blank record book for trustees < 24 16
to apportion school fund to colored pupils ; when. 24 25 18 ....
to give order to discontinue use of unauthorized texts.... 71 58 ....
may be compelled by mandamus to divide iunds 25 18
to require enumeration of school youth to be made 25 19 50
charged with the duty of moral training 45 32 ....
to provide suitable houses and grounds 46 34 88
not to be interested in contract for building or repairing
house 47 34 89
judgment or decree, for money, against 48 37 ....
indebtedness of, must be paid, how 48 37 ....
to determine the rate of taxation necessary for teachers' and
building funds 52 44 105
must not contract debt 53 45
to require secretary to publish statement 54 45 ....
to make settlement with sheriff 50 46 108
fine on for refusing to make settlement with sheriff 60 52 ....
members of liable to fine for neglect of duty 72 59 ....
not to receive part of school fund unless local levy has been
laid 7., 61
not to pay for abstract of sheriff's settlement 57 . . 112
members of not to act as agents 64 57 120
to pay for books and transportation out of building fund 70 58 ....
authorized to purchase books from scholar 71 58 ....
may provide free text books 71 58ft ....
to enter order for free books 71, 72 58b ....
liable for amount of books furnished depositaries 69 58 ....
may remove depositary 70 58 ....
to require bonds of all contractors 47 34 ....
BOARD OF EXAMINERS
of whom composed 32 27
INDEX 129
PAGE. Sice. OPN.
qualiriiutions of members of 32 27 ....
members of: lu>w nominated, when elected, term ;>2 27 57,58
compensation of members of 32 27 ....
members of. cannot issue certificates to each other 35 . . 71
members of, may teach without certificate : . . . 34 28 70
BOARD OF THE SCHOOL FUND
fixed by constitution 6 4 ....
of whom composed 76 69 ....
organization of 76 69 ....
meetings of. where held . .. 77 70 ....
to recover money due school fund ; how 77 71 ....
may appoint agents 77 72 ....
.to invest the school fund ; how 77 73 ....
Auditor to be accountant of 78 74 ....
BOM'S
constitutional provision 5 8 ....
publisher's bond .' . 68 58 ....
depositary's bond 68 58 ....
to be given by county superintendent 62 53 ....
to be given by contractors 47 34 ....
special, to be given by sheriff 55 46 ....
BOOKS
officers and teachers not to act as agents for, except 7, 64 9,57 120
price to be fixed 66 58
notice to be sent State Superintendent 66 58 ....
not more than one book changed except 67 58 ....
invoices of books 69 58 ....
old books to be received in exchange 71 58 ....
free text 71 58&
secretary to have control of free books 72 586 ....
teachers to distribute free books 72 586 ....
free text books how purchased 72 586 ....
BRANCHES TO HE TAUGHTr IN THE PRIMARY SCHOOLS
enumeration of 17 11 20, 31
BRIBERY
of district school officers, how punished 21 13 ....
BUILDING FUND
maximum rate of levy for 49 38 94
for what purpose to be used 49 38 96
from w r hat sources derived 50 39 98
not to be used to pay debts against teacher's fund 50 39 97
money from sale of books to be credited to 69 58 ....
books and transportation to be paid owt of 70 58 ....
CADETS
appointment of 81 82
to have free books and stationery 82 83 ....
CALENDAR
of school year 126 ....
CERTIFICATE
grade of to determine r-ate o-f salary 12 6 ....
130 INDEX
PAGE. SEC. OPN.
teachers must file duplicate of 38 28a
three grades issued 36 28a
applicant for to be examined in physiology and hygiene 18 11 a
valid in any county in the State 37 28a
signed by State and countersigned by county superintendent . . 37 28a
good for five, three and one years respectively 37 28o
not to be renewed 37 28a
grades of 36 28a
all grades of issued at same examination 36 28a
(See, also, State Certificate.)
CHANGES IN SUB-DISTRICT
by whom and when made 14, 15 9
appeal to county superintendent concerning 15 9 ....
CLERK OF COUNTY COURT
to call meeting to elect county superintendent in case of tie 9 2 ....
to call meeting to fill vacancy 62 53
to give notice of such meeting 9 o
to certify valuation of real estate to secretary ; when 52 43 ....
to certify delinquent taxes 56 46 112
to certify delinquent list to secretary 59 48 113
to place delinquent list of personal property in hands of sheriff 59 51 ....
to keep record of settlement with sheriff 59 52 ....
to transmit to State Superintendent abstract of annual settle-
ment 60 52
to certify to State Superintendent name of county superinten-
dent 62 53 ....
levies for school purposes to be reported to 6 7 ....
COLORED SCHOOLS
trustees to establish, when 24 17 39
to receive proportion of district funds 25 18
trustees to make report of 20 20 42
) 7 8
white children not to attend ) 24 17
) 94 986
secretary to make report of 27 21 ....
training of teachers of 88 96
COMMISSIONER
when elected, term and commencement 8 2 1
of election, duties 10 3 ....
COMPENSATION
of truant officers 17 10a
of institute instructors 43 30 ....
COMPULSORY ATTENDANCE
non-attendance, what constitutes 16 10a
truant officers 16 10a ....
exemption from 16 10a ....
fines for non-attendance 16 10a ....
teachers and principals to report 17 10a
law applies to all districts 17 1 18
CONTRACTS
form of contract between teacher and trustees 115
school officers not to be interested in contracts for buildings . . 46 34 89
form of contract with publishers 67 58 ....
INDEX 131
CONTRACTORS
PAGE.
SEC.
OPN.
bonds of
47
34
....
security to be given bv
47
34
COUNTY COURT
to pass upon special bond %
55
46
delinquent list to be returned to
58
48
to certifv delinquent list to assessor
58
48
....
to make settlement with sheriff or collector
50
46
....
COUNTY SUPERINTENDENT
constitutional provision concerning
5
3
....
qualifications of
60
53
....
election of, length and commencement of term of
8
2
.....
who to be elected in case of tie
9
2
salary of, how paid
60,61
53
117
salary for last quarter not to be paid till report is made....
61
53
114
bond of *
62
53
....
to notifv State Superintendent of his election
o
to visit all schools in his county vearly
62
54
77
forfeit for failure to visit schools
61
53
to acquaint himself with the schools of his county
63
54
....
to acquaint himself with school house architecture
47
35
92
to cast vote in case of a tie vote for member of board of edu-
cation
9
2
vacancv in office of, how filled
62
53
....
to pay salary of secretary of board of education
14
8
....
-rtify to State Superintendent value of property, rates of
levy
14
8
appeal to. regarding district boundaries
15
9
17
action of. in case of appeal regarding sub-district boundaries
15
9
....
fiction of. when enumeration of youths has not been received
26
19
....
to certify enumeration of youth to State Superintendent....
26
19
....
to make annual report to State Superintendent
28
22
46
t . nominate members of board of examiners
32
27 {
52, 63
to collect examination fees ;
38
28o
....
to remit balance of fees to Auditor
38
28a
....
to send manuscripts sealed
36
28a
to countersign certificate
37
28a
to name place of examination
35
28a
to forward to Auditor institute fees
43
30
....
to advise State Superintendent regarding county institutes. . . .
43
30
....
t" determine location of school houses, when
46
34 <
)0, 91
to approve plans of new school houses
47
35
92
to advise beards regarding school houses, furniture, and
fixtures
63
54
....
to aid teachers in improving themselves
63
55
....
to encourage and aid institute work
63
r> ~>
....
to join in union institutes
63
55
to conform to the instructions of the State Superintendent. .
6.,
55
to distribute school supplies for his county
63
55
....
63
56
119
to report districts that hare failed to make levy
64
56
....
to report to Auditor districts roting down leyy
52
42
104
to record his proceedings in a well-bound book
64
56
to apportion the general school fund among districts
73
61
to issue requisition for amouut of school fund due districts. .
74
62
121
to give consent to sale of property
45
33
to call meetings of countr book Uoards
66
58
....
132 INDEX
COURSE OF PROFESSIONAL STUDY PAGE. SEC. OPN.
to be prescribed by State Superintendent 43 :^ ....
what to embrace 43 30
teachers to be examined in 44 30 ....
COURSE OF STUDY
State Superintendent to prescribe few county and village
schools 17 11 2-
order and arrangement of 18 11 ....
county superintendent to enforce uniformity 63 54 ....
DEPOSITARIES
board may appoint ....
to execute bond >^ 58 ....
depositary's commission r. <">!' 5s ....
to mak-e out list of text books needed 08 58 ....
to receive books in exchange 71 58 ....
to make payments to sheriff 60 58 ....
board may remove 70 58 ....
to turn over superseded books to beard 71 58 ....
DIRECTORS
of joint high . school 30 25 ....
report of i'.n 26 ....
DISTURBANCES
penalties for. of schools, societies, etc 23 15a-15b ....
ELECTION
of county superintendent
of president and commissioners
when to be held 8 2 ....
ballots, what to be written or printed thereon. . . . 2 ....
special, when and for what purpose.
days, holidays 108
vote upon the question of a high school 20 24 ....
vote upon question of increased levy for graded school 31 26 52. 53
vote upon question of longer term 51 41
officers, liability of 10 3 ....
special for school purposes 10 2a ....
ENROLLMENT FEE
institute ! 43 30
ENUMERATION OF YOUTH
how, when, and by whom to be taken 25 10 ....
how to be taken in districts from which there have been trans-
fers -i 10 12 ....
penalty for not taking 25 10
secretary to keep record of 25 10 ....
county superintendent to report to State Superintendent.... 26 10 ....
in two classes 25 10 ....
EXAMINATION OF TEACHERS
in what branches 34 28
in what branches 40 20a ....
in what branches 36 28a
when and wbere 35 28a 84
general regulation and control vested in State Superintendent 35 28a ....
penaltie for cheating in 37 28 ....
(See also State Beard of Examiners.)
INDEX 133
PAGE. SEC. OPN.
for failure to comply with compulsory attendance law. ... 16 10a 18
to be remitted to sheriff 17 lOa ....
for tampering with examination questions 37 28a ....
for failure to teach nature of alcoholic drinks 18 lla ....
against school officers for being interested in contracts 47 34 ....
against assessors, how recovered 53 44 ....
against assessors for overcharges of taxes 53 44 ....
against assessor for failure to deliver certificate 53 44 ....
against members of board for failing to make settlement. . . . 00 52 ....
against sheriff for failure to make settlement GO 52 ....
for using unauthorized text books 71 58 ....
for violating county text book law 71 58 ....
against members of school board for neglect of duty 72 50 ....
for molesting or disturbing schools 22 15& 15& ....
FIRES
trustees required to provide for building 45 32 85
maximum to be paid for building 45 32 ....
ELAGS
may be bought 108
trustees to cause teachers to keep displayed 108
FORFEITS
by teachers who use unauthorized text-books 71 58 ....
for failure to return term register 42 30 ....
for failure to visit schools 61 53 ....
FORMS
of delinquent list 58 47 ....
of county superintendent's requisition 74 62 ....
of assessors' delinquent list of personal property 58 47 ....
cf county clerk's delinquent list of real estate 58 47 ....
of record to be entered by board of education 110 &c
of appointment of trustees Ill
of order to fill vacancy in board of trustees 112
of order to fill vacancy in board of education 112
of oath of office 112
for sheriff's annual settlement 113
for call for special meeting 113
for transfers of pupils 114
of contract between trustees and teacher 115
of county superintendent's certificate to Auditor 117
of county superintendent's certificate to secretaries , 116
of county superintendent's certificate of State fund 118
of assessor's notice of valuation of personal property. 118
of county clerk's notice of assessed valuation of real estate. . 119
of county clerk's notice of delinquent lists 120
of secretary's notice of rate of levies 118
of truant officer's notice 120
FREE SCHOOLS
duty of legislature concerning 5. 6 1-5 ....
levies for. to be reported to clerk of county court 6 7 ....
) 7 8
white and colored persons not to attend same school ) 24 17 ....
) 94 !)8b
as connected with not to be interested in sale of books. . 7. 649.57 120
persons above twenty-one years of age may attend; when. ... 16 10 19
may be discontinued, under the thirty-five per cent. rule.... 20 13 ....
penalty for molesting or disturbing 23. 15&, 156. . . .
134 INDEX
FREE TEXT-BOOKS PAGE. SEC. OPN.
boards may purchase. .................................... 71 58b ....
to be kept by secretary ..................... .............. 71 58ft ....
control and care of .................................. ...... - 72 5S& ....
FURNITURE, FIXTURES, AND APPARATUS
to be provided by the board of education .................... 46 34 ....
to be kept in good order and repair ........................ 46 34 ....
GENERAL SCHOOL FUND
from what source derived .................................. 72 60 ....
how and when distributed ................................ 73 60 ....
amount of, for distribution to be certified to State Superinten-
dent ............................................... 73 61 ____
GOVERNOR
to appoint regents of the University ....................... 70 78 ....
to fill vacancies in board of regents of University ............ 80 78 ....
to appoint regents of Normal Schools ...................... 84 87 ....
to appoint regents of Schools for Deaf and Blind ............ 89 98a ....
to appoint directors of Reform School ...................... 97 98c ....
to fill vacancies in board of directors of Reform School ...... 97 98c ....
to appoint regents of Bluefield Colored Institute ............ 104 ......
to appoint regents of West Virginia Colored Institute ...... 95 98b ----
GRADED SCHOOLS
may be established, how .................................. 31 26 52, 53
how term may be extended in ................... ......... 31 26 54, 55
HIGH SCHOOL
may be established ; how ................................ 29, 30 24, 25 51
to be discontinued ; when .... ............................. 20 13 ....
additional levy for ....................................... 29 24 ....
joint high school ......................................... 30 25 ----
directors of joint high school ............ .................. 30 25 ....
care and direction of joint high school ..................... 30 26 ....
report of directors of joint high school ..................... 30 26 ----
'
HOLIDAYS
days om which school is not to be kept ...................... 45 31
election days ............................................ 108 ..
designated .................. . ---- . ....................... 108 ......
INDEBTEDNESS
constitutional . provisions concerning ........................ 5 8
against teacher's fund ; how paid .......................... 51 40 "1 03
INDEPENDENT SCHOOL DISTRICTS
constitutional provision concerning ........................
compensation of members of board ......................
not to receive part of State fund unless levy has been made. . 25 42 ...
INSTITUTES
for what purpose established ..............................
how, when, and where to be held .......................... 43 30 75
to be instructed by whom ................................ 43 30 ----
compensation of instructor of ............................ 43 30 ....
State appropriation for ................................... 44 30 ....
course of work for ...................................... 43,44 30 ----
teachers failing to attend not entitled to teach .............. 44 30 ....
excuse for non-attendance at .................. ............ 45 30 82
INDEX 135
P.YGR. Si<:c. OPN.
district institutes ........................................ 61 .13 ....
pay for attending district institutes ..................... ... 61 .13 ....
pay for attending county institutes ......................... 43 30 ....
IRREIn'[BLE SCHOOL FUND
Permanent School Fund.)
JUSTICES
to remit fines to sheriffs .................................. 17 1<u/ ....
KEYSER PREPARATORY BRANCH
Preparatory Branch of the University.)
KINDERGARTEN SCHOOLS
may be established
teachers in
LANDS FOR S< HuoL PURPOSES
boards of education to purchase .......................... 40 34 ....
how to be condemned .................................... 48 36 93
how may be sold ........................................ 46 33 86
exempt from taxes ........................................ 48 37 ....
exempt from execution or other process .................... 48 37 ....
LEGISLATURE
shall encourage moral and educational improvement ........ 7 12 ....
must make suitable provision for whom ................... 7 12 ....
LEVY
for joint high school ..................................... 3"ft 25 ----
ballots for question of school levy .......................... 2 ....
how long to continue after election ........................ 2 ....
special, may 'be made ....................................... 50 40 100
for building fund ........................................ 49 38 ----
^ for support of schools .................................... 50 40 ....
special for indebtedness .................................. 50 40 ....
necessary to get State fund ................................ 52 42 114
assessor's certificate, basis of .............................. 52 43 ....
special elections for .................... . ................. 10 2a ----
LIENS
on real estate for district levies ............................ 59 50 ....
MAGISTERIAL DISTRICT
constitutional provision for .............................. 3 27 ....
to be school districts ..................................... 8 1 ____
to be divided into sub-districts ............................... 8 1 ....
not to receive part of State fund unless levy has been made 52 42 114
NON-ATTENDANCE
what constitutes ........................................ 16 1 0a ____
fine for ................................................. 16 lOa ____
teachers and principals to report .......................... 16 10a ....
NORMAL SCHOOL
(See State Normal Schools.)
OATH OF OFFICE
required by constitution ................................... .". 5 ....
time in which to take .................................... 11 5o ....
secretary of board may administer ................ ........ 14 8 ....
136 INDEX
OFFICERS PAGE. SEC. OPX.
may be removed for what 3 6
subject to indictment for what 4 4
fine, for, when other penalty is not fixed 75 59 ....
truant 1 1 Ua
ORDER OF BUSINESS
for meeting of board of education 100, 110
PERMANENT SCHOOL FUND
constitutional provision relating to
report of condition of, to be made to State superintendent.. 7> 08 ....
board of, of whom composed 7 > 09 ....
Auditor to ascertain what sums have accrued
how to be invested 77.79 73 ....
stocks transferred to 77 73r/ ....
PREPARATORY BRANCH OF THE UNIVERSITY
(At Montgomery-)
appropriations for and regents of 1 02 ...
power of regents, property, and general provisions H3
(At Keyser.)
name 1 on
appropriations for .' . I'M!
board of regents, etc 1 ><>. 1 07 ....
PRESIDENT OF BOARD OF EDUCATION
when elected, length of term and commencement
to sign orders upon the sheriff 12 ....
vacancy in office, how filled 11 5
to elect board of examiners 32 27 57. 63
to visit school houses and make report 45
to fill vacancy in office of county superintendent 02 53
cannot be a member of the board of exaTniners 33 . . 64
to sign list of books needed 08 58 ....
PRIMARY .SCHOOLS
branches to be tanght in
PROFESSIONAL STUDY, COURSE OF
(See course of professional study.)
PROSECUTING ATTORNEY
duty in case sheriff fails to make settlement 00 52
to instruct boards of education 48 30 93
PUBLISHERS
who fail to fulfill contract 07 58
to give bond on county contract OS 58 ....
to send books promptly
to make out two bills of books 60. 72 58 ....
PUPILS
must attend school twenty weeks 1 6 1 Oa ....
to replace free books injured or destroyed by them 72 5SZ> ....
legal age of 16 10
may be expelled or suspended 20 13 ....
pay 10 10 .
QUORUM
of trustees _.
of school book board - 65 58 ....
INDEX
137
REGENTS
PAGE. SEC. OPN.
of the University ; when and how appointed 79 78 ....
expenses of University regents 82 84 ....
of State Normal School 84 87 ....
of the Preparatory Branch of the University at Montgomery 103 98 ....
of Keyser Preparatory Branch of the University 106
of West Virginia Colored Institute 95 98b ....
of West Virginia Schools for Deaf and Blind 89 98a
of Bluefield Colored Institute 104 98
of West Virginia Reform School 97 98c ....
REGISTERS
term and daily 42 30
to be returned 42 30 ....
penalty for failure to return *42 30 ....
relationship exclusion laws 20 13 ....
REPORTS
trustees' 26 20
secretary's 26 21 ....
county superintendent's, of enumeration '. . . . 26 19 47
county superintendent's, to State Superintendent 28 22 46
of principals of normal school 87 95 ....
of teachers and principal, of truants 17 10a ....
of^ institute 43 30
SALARY
of teachers fixed by board of education 12 6 ....
to be fixed according to grade of certificate 12 6 ....
minimum to be paid teachers 12 6 ....
of truant officers 17 10a ....
institute instructors 43 30 ....
SCHOOL AGE
and who may have school privifeges .16 10 ....
SCHOOL BOOK BOARD
county, general provisions in regard to 64 58
members of. how appointed. &c 65 58 ....
quorum of county 65 58 ....
first meeting of, when 65 58 ....
to secure terms and fix retail price 66 58 ....
not to change more than one book or series in one year except 67 58 ....
to meet three months before county contract expires 66 58 ....
not to change more than one book or series in one year except
dealers to get same prices as boards 67 58 ....
SCHOOLS
may be discontinued, when . 20 13 ....
separate for colored pupils 24 17 ....
SCHOOL FUND
(See Permanent school fund and General school fund.)
SCHOOL HOUSES
to be provided by board of education 46 34 ....
how to be located 46 34 90, 91
for union schools : how provided 46 34 87
plan to be approved by county superintendent 47 3n ....
how sold at public auction - 46 33 86
proceeds of sale of school property 46 33 ....
how school property may be reconveyed to grantor 46 33 ....
title to property, on which are located 41 34 88
138 INDEX
SCHOOL MONTH PAGE. SEC. OPN.
to consist of twenty days not including Saturday * 42 . 30 ....
SCHOOL OFFICERS
teachers are 14 .. 12
not to act as agents 64 57 120
not to act as agents . 68 58 ....
SCHOOL TERM
increase in length of 9 2 ....
increase in length of ./ 10 2G ....
minimum length of 50 40 100
SCHOOL YEAR
to commence and to end ; when 28 23 ....
all settlements to be made with respect to 28 23 48, 50
calendar of 126
SECRETARY OF BOARD OF EDUCATION
appointment of 13 8 ....
to give notice of special election 9 2 ....
to sign orders on sheriff 32 6 ....
official records to be kept by 13 8 ....
to be custodian of records for the board 13 8 ....
to publish abstracts of proceedings ; when 13 8 ....
to certify value of property, rate and amount of levy........ 27 21 45
to keep record of enumeration and to certify to 25 19 40
to make report of colored schools 26 20 ....
to file teachers' term register 42 30 76
to publish statement when expenditures equal $3,000 54 45 106
compensation of . . . 14 8 ....
secretary's remuneration for report 27 21 116
no additional compensation 55 . . 108
report of, to county superintendent 27 21 ....
to sign depositary's list of books and send to publishers 68 58 ' . . . .
to" have charge of free text books and deliver same to teachers 72 58b ....
remuneration for handling free text books 72 58& ....
SECRETARY OF COUNTY SCHOOL BOOK BOARD
county superintendent to be 64 58 ....
to keep record of business 65 58 ....
to keep record of votes 65 58 ....
to report to State Superintendent 66 58
to furnish State Superintendent with names of publishers .... 67 58 ....
SHERIFF
to receive, collect and disburse school moneys 55 46109,110
required to give special bond ; when 55 46 ....
to collect levies of board of education 53 44 ....
to pay teachers monthly 42 30 ....
to serve notice on members of board of education 9 2 ....
annual settlement of, with county court 6 7 ....
to keep account with the several boards of education 55 46 ....
settlement of, with board of education 55 46 108
to be credited with delinquent taxes 56 46
to be credited with all vouchers in hand 56 46
not to receive pay for disbursing State school fund 56 46
commission of, for receiving and disbursing railroad taxes. ... 56 46 ....
judgment against, may be obtained ; how 56 46 ....
may be required to endorse school order 57 46 ....
to return delinquent lists 58 47
INDEX 139
PAGE. SKC. OrN.
form of oath of, to delinquent lists 5S 47 ....
to receive delinquent list of personal property 5!) 51 ....
commission of, for collecting district levies .'.it 52 ....
liable if he refuse to pay orders 70 58 ....
to make annual settlement with county court . . 52 ....
duty of, on making final settlement 60 52 ....
to give duplicate receipts to depositaries 69 58 ....
to receive portion of general school fund 74 62 ....
truant officers to report to 17 10o ....
STATE P.oAIJD OF EXAMINERS
of whom to consist : how appointed and term 40 29a ....
meetings and stated examinations 40 i!V? . . . .
vacancies, how filled 40 29a ....
compensation and traveling expenses of members of 41 29a ....
certified account of, to State Superintendent of Free Schools. . 4.1 20 ....
record of proceedings of 41 29a ....
STATE CERTIFICATES
classes of, to whom issued *. 40 29a 74
how issued to graduates 40 29a 74
to be countersigned by State Superintendent 41 29a ....
valid in any school district 41 29o ....
fees for 41 29a
STATE NORMAL SCHOOL AND ITS BRANCHES
establishment of 84 87 ....
regents of, how appointed ; duties 84 87
executive committee of, how appointed ; duties 86 89 ....
branch of, at Fairmont, established 86 90 ....
branch of, at West Liberty, established 86 91 ....
branch of, at Glenville, established 86 92
branch of. at Shepherdstown, established 87 93
branch of, at Concord, established 87 94 ....
reports of principals of, to president of regents . 87 95
students admitted, &c 88, 96,97 126
no more appropriations for establishing new branches of.... 7 11 ....
unearned portion of appropriation for 88 07 ....
dealing with students of 88, 99 98 ....
STATE SUPERINTENDENT OF FREE SCHOOLS
constitutional provisions relating to 5 - 2 ....
qualifications of 74 63 ....
expenses, limit of 5, 74 2. 63 ....
to have general regulation and control of uniform examina-
tions 35 28a ....
may revoke certificates 36 28a ....
to prescribe manual and graded course of study 17 11 ....
to prescribe and furnish blanks for taking enumeration 26 19 ....
to countersign State certificates 41 29a ....
to prescribe form of registers 42 30 ....
to fix place of holding institutes 43 30
to employ institute instructors 43 30
to prescribe graded course of institute work 43 30 ....
to draw warrant upon Auditor for courfty superintendents'
salary / 55 53
to ascertain amounts of general school fund by counties 73 61 ....
salary of ; how paid 74 63
140 INDEX
PAGE. SEC. OPN.
office of, to be kept at seat of government 75 64 ....
to sign requisitions on Auditor 75 <>4 ....
to have supervision of county superintendents 75 65 ....
to prescribe and prepare all forms and blanks 75 65 ....
to publish and distribute school laws 75 65 ....
to correspond with educators and school officers 76 66 ....
to make report to the Governor 76 67 ....
a member of the board of the school fund 76 60 ....
member of board of regents Bluefield Colored Institute 05 OSfr ....
member of board of regents of State Normal *4 St~ ....
member of board of regents Montgomery Branch of W. Va.
University '. 103
member board of regents Keyser Branch W. Va. University. . . 106
to prepare diplomas for the normal schools S5 ss ....
to notify county superintendents of failure of publishers.... 67 080 ....
STATE TAX
(See Taxation.)
STUDENTS
giving credit to, prohibited 88 08 ....
SUB-DISTRICTS
change in 14 ....
appeal from decision of board regarding boundaries of 15 ....
TAX
capitation, how appropriated 4 2 ....
capitation, exemption from
State, rate of 72 60 ...
school orders to be received in payment of 57 . . Ill
TAXATION
maximum rate of, by county
power of legislature in 4 5 ....
TEACHERS
schools must be provided with 15 10 ....
required to pass examination in certain branches 36,30 28a.20
form of contract between trustees and 115
may be removed for what 20 13 ....
how to be paid . : 42 30 81
to keep daily register 42 30
to keep term register 42 30 76
to make monthly reports to secretary of board 42 30 76
to take enumeration of school youth 25 10 ....
charged with duty of msral training 45 32 ....
exempt from certain duties 25 10
exempt, from institute attendance, when
to be examined in physiology and hygiene 18 lla ...
are school officers 14 8 11
substitutes for 35 28 63
not to act as agents 64 57 120
liable for using imauthorized text-books 71 58 ....
failing to attend institute not to be employed or examined. ... 45 30 83
colored, training of 88 06
fine for violation of law by, when other penalty is not fixed. . 72 50 . . . .
INDEX
141
penalty for failing to attend institute,
pay for attending institute
pay for attending district institute. . .
to display flag
PAGE. SEC. OPN.
44 30 82
48 30
1 53
108
TEACHER'S CERTIFICATE
(See (Vi-tifieatos.)
TEACHER'S CONTRACT
form of, to l>e furnished by State Superintendent. 2<'> 13 ....
with whom to be filed 20 13 ....
certain persons excluded from contracting 20 13 30
TEACHERS FUND
annual levy for 50 40 ....
maximum rate of levy for ">" 40 100
used only to pay teachers salary 50 40 103
board compelled to lay levy for . 50 40 ....
special levy for, when to be made 50 40 100,103
TEACHERS' INSTI'lTTE
iSc' Institute.)
TERM, SCHOOL
increase in length of 9 2 ....
increase in length of 10 2a ^. . .
minimum length of 50 40 100
trustees may order to begin any month 52 41 ....
TEXT BOOKS
free, by board ef education 71 58b ....
provisions of county adoption law for 68 58 ....
an optional text book 108
teacher liable for using unauthorized 71 58 ....
TITLE
to joint property I 46 34
to lands donated 48 37 a ....
TRANSFER OF PUPILS
can be made ; when 19 12 ....
for what reason 10 . . 23-26
TRUSTEES
time in which to qualify 11 5a 5
when appointed and length of term 11 4 ....
quorum of 23 16 ....
to be under supervision and control of board of education. ... 19 12 ....
action of. subject to revision by board, when 19 12 ....
removal of, from office, how 20 13 ....
vacancies in office, how filled 11 5 ....
have charge of school 19 13 ....
may remove teacher for what 20 13 ....
cannot change teacher's salary as fixed 12 6 ....
may exclude whom from school 19 13 ....
may suspend or expel pupils for what 20 13 ....
action of expulsion may be reviewed by board of education. . . 20 13 ....
may discontinue school, when 20
to risit schools under their charge; when 21 14 31
duties of, when visiting schools 21 14 32
142
INDEX
PAGE. SEC. OPN.
to offer suggestions to teachers 21 14 ....
duty of, regarding school houses 22 15 ....
may sue in name of board of education 22 15 ....
may permit school houses to be used for what 22 15 33-37
to furnish boards of education with estimate of improvements 22 15 ....
to keep account of all expenses incured by them 23 16 38
may purchase what 23 16 38
how bills contracted by, are to be paid 23 16
to establish colored schools ; when 24 17 39
to keep ' flags on. schoolhouses 108
to make report to secretary of board of education 26 20 42
not to employ a teacher who has not attended institute 38 30 8^
to see that school houses are kept clean and fires made 45 32 85
not to be interested in contracts 46 34 ....
may order schools to begin any month 52 41 ....
not to act as agents 64 57 120
TUITION
tuition pupils ! . 16 10
rate of, to whom paid and how applied 16 10 19
of transfer pupils 19 12 23-26
UNION SCHOOLS
how established 46 34 87
title to property of, how vested 46 34 ....
colored 24 17 ....
UNIVERSITY, THE WEST VIRGINIA
establishment and name of 79 76,77 ....
the board of regents of, duties 79 78 ....
graduation of students 82 85 ....
general regulations pertaining to 80 80 ....
departments in, how established 80 79 ....
preparatory department of, may be established 81 81 ....
cadets, how admitted to 81 82
endowment fund of, how invested 82 86 ....
VACANCIES
in office of trustee, how filled 11 5 ....
in board of education ; how filled 11 5 2
in office of county superintendent, how filled 10, 62 53
in board of examiners 32 27 ....
in State board of examiners 40 29a ....
in county school book board 65 58 ....
in board of regents of University 80 78 ....
in board of regents of Schools for Deaf and Blind 90 98a
in board of directors of Reform School 97 98c ....
in office of president of board 10 .. 2
WEST VIRGINIA REFORM SCHOOL
establishment and object of 97 98c
how inmates are admitted to 98 98c ....
board of directors of 97 98c ....
WEST VIRGINIA COLORED INSTITUTE
how and under what provisions established 93 9Sb ....
name and location of 95 98b ....
board of regents of 95 98b
buildings and appropriations for 97 983 ....
INDEX 143
WEST VIRGINIA SCHOOLS* FOR DKAF AND BLIND . OPN.
name of 80 98a ....
board of regents of 89 98 ....
duties of principal of 00 08a ....
general regulations and provisions for 01 -93 98a ....
duties of county officers in respect to 93 98a ....
WHEELING, CITY OF
free schools of. not affected by general law 78 75 ....
superintendent of, qualifications of 7* 75 141
YEAR
(See School Year.)
(See also Calendar.)
NOTE. Line 6 from the bottom page 20 should read : "month has been less than
thirty-five per cent, of the"
VC 06580
UNIVERSITY OF CAUFORNIA LIBRARY