GIFT OF DEC 6 GIK SCHOOL LAWS OF THE I STATE OF OHIO WITH CITATIONS AND BLANK FORMS 1910 JOHN W. ZELLER STATE COMMISSIONER OF COMMON SCHOOLS lai— 1_— it— iiiBiia^^=^=^^aapf OHIO SCHOOL LAWS IN FORCE MAY 23, 1910. BASED ON THE GENERAL CODE OF OHIO AS AMENDED TO DATE. BLANK FORMS AND DIRECTIONS TO SERVE AS A GUIDE FOR SCHOOL OFFICERS AND TEACHERS. COMPILED UNDER THE DIRECTION OF JOHN W. ZELLER STATE COMMISSIONER OF COMMON SCHOOLS COLUMBUS, OHIO: The F. J. Heer Printing Co. 1910 0^3 H l<5 PREFACE, This edition of the Ohio School Laws is issued in accordance with sections 356 and 357 of the General Code of Ohio, passed February 14, 1910. These sections makes it the duty of the Commissioner to have printed and distributed as many copies of the law as he deems necessary for the use of the school officers in the State, as often as any change in the laws is made of sufficient importance to require a re-publication and distribution thereof. The "New School Code'"' was adopted April 25, 1904, and the last issue of school laws was made July 12, 1906. That edition was ex- hausted when I came to the office. There are, at least, two reasons for the necessity of this new issue. The Codifying Commission, appointed three years ago, made its final report to the last session of the 78th General Assembly, which re- port was adopted February 14, 1910. This Commission, composed of three able men, in their arduous work of codification, found it necessary to re-classify the laws, to make clear and definite obscure and indefinite expressions, to cut up long sec- tions containing a half-dozen independent matters and place them in as many different sections, and to do other work which was necessary to make our laws more intelligible and more valuable to our people. The Commission succeeded admirably in this work. This re- classification is the second necessity for the present issue. Then, too, quite a number of new school laws and amendments have been added to our school laws during the last four years, with which our school officials and teachers should be familiar. To facilitate the use of this edition you will find a table of contents at the beginning of this volume and a cross index at the close. You will also find valuable citations from the decisions of courts in this and other states, on many of the sections which throw much light on their meaning. For illustration, under Section 4750 which gives Boards of Education authority to make rules and regulations for the proper management of their schools, you will find sufficient court cita- tions to guide you safely in the matter of punishment and management of disobedient pupils. I deem it my duty to issue a sufficient number of copies so that not only the presidents and clerks of the boards of eduf^ation may have copies, but that »M other school officials and the superintendents of th# city, village, and -township districts may be supplied. I trust that school men will become more familiar with our school laws. It is one of the functions of the superintendent to keep his board informed on school laws. He can render valuable service in many ways when he is familiar with the school code. This volume is sent forth in the hope that it will be helpful to school officials and teachers in the discharge of their duties. John W. Zeller, Commissioner. May 24, 1910. 3 347908 TABLE OF CONTENTS. PAGE- Constitution of Ohio relating to Public Schools 7 PART FIRST— POLITrCAl . Title I. Preliminary — Chapter I. General Provisions 11 Title III. Executive. Division I. Elective State Officers. Chapter 6. State Commissioner of Common Schools 13- Title IV. Judicial. Chapter 8. Juvenile Court 17' Title XIII. Public School Districts. Chapter 1. Classification of Districts 29= Chapter 2. City School Districts 34 Chapter 3. Village School Districts 37 Chapter 4. Township School Districts 38' Chapter 5. Special- School Districts 42' Chapter 6. Boards of Education 46 Chapter 7. Treasurer and Clerk 54 Title XIV. Public Elections 60' PART SECOND — CIVIL. ■Title V. Public Schools. Chapter 1. School Funds 65- Chapter 2. School Houses and Libraries 77 Chapter 3. Schools and Attendance 87 Chapter 4. Compulsory Education 117 Chapter 5. Reports 126- Chapter 6. Enumeration 129' Chapter 7. Examiners 133- Chapter 8. Teachers' Institutes 148- Chapter 9. Teachers' Pensions 152' Chapter 10. Normal Schools 157 Chapter 11. Colleges and Universities 160- Chapter 12. Schools Specially Endowed 179 Title IX. Private Corporations. Division VI. Corporations not for Profit. Chapter 3. Educational 18*2 Appendix. Forms and Instructions 199 House Bill No. 64 214 Index 215* ( ^ • CONSTITUTION OF OHIO RELATINa TO PUBLIC SCHOOL5 ARTICLE I. Section 7. * * * Religion, morality and knowl- edge, however, being essential to good government, it shall be the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction. "The system of public education in Ohio is the creature of the Con- stitution and statutory laws of the state. It is left to the discretion of the general assembly^, in the exercise of the general legislative power conferred upon it (Art. II, § 1), to determine what laws are 'suitable' to secure the organization and management of the contemplated system of common schools, without express restriction, except that 'no religious or other sect or sects shall ever have any exclusive right to, or control of, any part of the school funds of this state.' " 21 O. S., 198-205; Day, J. The compulsory education law comes within this section. 6 C. C, 645. Of the right! of conscience; necessity of religion and knowledge. ARTICLE II. Section 26. All laws of a general nature, shall have a uniform operation throughout the state; nor, shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the general assembly, except, as otherwise provided in this Constitution. ARTICLE VI. Section i. The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or intrusted to this state for educational and religious purposes, shall forever be preserved inviolate and undiminished ; and, the income arising therefrom, shall be faithfully applied to the specific objects of the original grant, or appropriations. Section 2. The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. Religious instruction, or the reading of the Bible in the public schools, is not required by the Constitution. The board of education have the sole management of the schools, and the courts cannot direct what instruction shall be given or what books read. 23 O. S., 211. A requirement of a board of education that the Bible be read in the schools as an opening exercise cannot be interfered with by the courts, and is not in violation of any constitutional rights. 1 N. P.. 140. It is an unlawful diversion of the school funds of tne state of Ohio for a board of education to authorize the teaching of religion as a regular branch of study. Attorney General. 7 Laws having uniform operation. Funds for ed- ucational and religiotfs pur- poses. School funds. t'ON^iiixun-qN OF ohio relating to public schools. ARTICLE XII. Section 2. Laws shall be passed, by taxing by a uniform rule, uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money ; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value two hundred dollars, for each individ- ual, may, by general laws, be exempted from taxation ; but all such laws shall be subject to alteration or repeal; and the value of all property, so exempted, shall, from time to time, be ascertained and published, as may be directed by law. School property is not liable to assessment for street improvement; nor can a judgment be rendered against the board of education for the payment of the assessment out of its contingent fund. 48 O. S., 83. Sidewalk — School property not assessable for. 4S O. S.. 87. PART FIRST POLITICAL 9 TITLE 1. PRELIMINARY CHAPTER 1. GENERAL PROVISIONS. INTERPRETATION OF STATUTES. Section 27. In the interpretation of parts first and interpretation second, unless the context shows that another sense was worS!^**^" intended, the word ''bond" inckides an ''undertaking", and the word "undertaking" includes a "bond" ; "and" may be read "or", and "or" read "and", if the sense requires it; words of the present include a future tense, in the masculine, include the feminine and neuter genders, and in the plural include the singular and in the singular in- clude the plural number; but this enumeration shall not be construed to require a strict construction of other words in such parts, or in this code. (R. S. Sec. 23.) A construction which gives effect to every sec';ion and clause must be favored. 1 0., 381, 385; 2 0., 395, 398; 17 O. S., 52, 68; 3 C, 187, 193; 6 O., 147, 151. "A statute should be so construed that the several parts will not only accord with the general intent of tlie legislature, but also harmonize with each oth(r; and a construction of a particular -clause, that will destroy or ren- der useless any other provision of the same statute, can not be correct," 3 C^., 187, 193; 2 C, .395, 39S; 5 C, 48, 51. What is plainly implied in a statute is as much a part of it as what is expressed. 50 O. S., 330. The ordinary and natural import of words consistent with the com- mon sense of the community is to be adopted in arriving at legislative intent. 6 0., 65, 71; 25 O. S., 26, 28. In considering questions arising under the school legislation of the state,, such construction should be placed upon its various enactments, and the several provisions thereof, as will give harmony to our educational system, and secure, as far as practicable, its equal benefits, and the reasonable facilities for the enjoyment to every locality. 21 O. S., 339. Penal statutes must be const fued strictly, and cannot be extended by implication to cases not strictly within their terms. 20 O., 7; 18 O., 11; 38 O. S., 659; 44 O. S., 347. While the opinion of the state commissioner of common schools cannot have the force of a judicial interpretation, it is of great force as the opinion of an eminent educator, who was at the head of the school system of the state, and presumably familiar with the necesities of the schools. 2 C. C, 866; Stewart, J. FLAG, EMBLEM, COAT OF ARMS. Section 28. The flag of the state of Ohio shall be official flag . pennant shaped. It shall have three red and two white °^ ^^^*^- horizontal stripes; the union of the flag shall be seventeen five-pointed stars, white, in a blue triangular field, the base of which shall be the stafif end or vertical edge of t)ie flag, and the apex of which shall be the center of the - middle red stripe. The stars shall be grouped around a red disc superimposed upon a white circular "O". The proportional dimensions of the flag and of its various parts shall be according to the official design thereof on file in the office of the secretary of state. (95 v. 445-) 11 12 GENERAL PROVISIONS. Floral emblem SECTION 29. The scarlct camation is hereby adopted of the state. ^^ ^j^^ state flower of Ohio as a token of love and rev- erence for the memory of WilHam McKinley. (97 v. 631.) Device of coat SECTION 30. Thq coat of arms of the state of Ohio the^sSte!*^ shall consist of the following device: A shield, in form, a circle ; on it, in the foreground, on the right, a sheaf of wheat; on the left, a bundle of seventeen arrows, both standing erect ; in the background, and rising above the sheaf and arrows, a mountain range, over which shall ap- pear a rising sun. (R. S. Sec. 15.) TITLE 111. EXECUTIVE DIVISION I. ELECTIVE STATE OFFICERS CHAPTER 6. STATE COiMAflSSIONER OF COMMON SCHOOLS. SECTION 352. State commissioner, term, office. 35:^. Bond, amount, where deposited. 354. Duties. 355. School funds, supervision; reports. 356. School laws, collation, distribution. 357. Forms for reports, instructions. 358. Arbor day manual. 359. Private schools, reports required. 360. Annual report to the governor, contents. 361. School funds, fraudulent use of, investi- Section gation. 362. . Examiner, appointment, powers and du- ties. 363. Duty of certain clTicers in such examina- tion. .'^64. Report of examiner. 365. Stenograplier for examiner. .C66. Compensation and mileage of commis- sioner. 367. Duty of judge and prosecuting attorney. State commis- sioner of com- mon schools, election and term. Bond Section 352. There shall be elected biennially a state commissioner of common schools who shall hold his office for a term of two years, commencing on the second Monday of July following his election. He shall have an office in the state house, in which the books and papers pertaining to his office shall be kept. (R. S. Sec. 354.) Section 353. Before entering upon the discharge of the duties of his office, the state commissioner of common schools shall give a bond to the state in the sum of five thousand dollars, with two or more sureties approved by the secretary of state, conditioned for the faithful dis- charge of the duties of his office. Such bond, with the approval of the secretary of state and the oath of office indorsed thereon, shall be deposited with the treasurer of state and kept in his office. (R. S. Sec. 355.) Section 354. The state commissioner of common schools shall give attendance at his office not less than ten months each year, except when absent on official duty. While holding such office he shall not perform the duties of teacher or superintendent of a public or private school, or be employed as teacher in a college or hold any other office or position of employment. Each year he shall visit each judicial district of the state, superintend and en- courage teachers' institutes, confer with boards of educa- tion and other school officers, visit schools and deliver lectures on topics calerculated to subserve the interests of popular education. (R. S. Sees. 356, 357.) vSection 355. The state commissioner of common schools shall have such supervision of the school funds of the state as is necessary to secure their safety and dis- ^"^ reports tribution as provided by law. He may require of auditors and treasurers of counties, boards of education, clerks and treasurers of such boards, and other local school officers, 18 Duties of com- missioner. Supervision of school funds 14 STATE COMMISSIONER OF COMMON SCHOOLS. Distribution of school V laws. Shall prescribe forms. Arbor day manual. Reports from private schools. Annual report of commis- sioner. copies of all reports made by them in pursuance of law. He may also require of such officers any other information he deems proper in relation to the condition and manage- ment of schools and school funds (R. S. Sec. 358.) Section 356. The state ccmmissioner of common schools shall collate the laws relating to schools and teach- ers' insL:*^utes, provide an appendix of forms and instruc- tions for their execution, and cause as many copies thereof as luay be necessary to be printed in a separate volume and distribute them among the counties of the state for the use of school officers. He may revise, re- publish and distribute such laws as often as changes are made in them which in his opinion are of sufficient im- portance to require it. (R. S. Sec. 360.) As to the for,t; and effect of instructions printed in a book prepared in pursuance of this section, see 2 C. C, 366. Section 357. The state commissioner of common schools shall prescribe suitable forms and regulations for the reports and other proceedings required by the school laws, with such instructions for the organization and gov- ernment of schools as he deems necessary, and transmit them to the local school officers, who shall be governed thereby in the performance of their duties. (R. S. Sec. 359-) Section 358. The state commissioner of common schools shall issue each year a manual for arbor day ex- ercises. The manual shall contain matters relating to for-' estry and birds, including a copy of such laws relating to the protection of song and insectivorous birds as he deems proper. He shall transmit copies of the manual to the superintendents of city, village, special and township schools and to the clerks of the boards of education, who shall cause them to be distributed among the teachers of the schools under their charge. On arbor day, and other days when convenient, the teachers shall cause such laws to be read to the scholars of their respective schools and shall encourage thcni to aid in the protection of such birds. (07 v. 470 § 14.) Section 359. Each year the state commissioner of common schools shall require a report of the president, manager or principal of each seminary, academy or private scliool. The report shall be made upon blanks furnished by the commissioner and contain a statement of such facts as he prescribes. The president, manager or principal shall fill up and return the blanks within a time fixed by the com- missioner. (R. S. Sec. 363.) Section 360. The state commissioner of common schools shall make an annual report to the governor, which shall contain a statement of the amount and condition of the funds and property appropriated for purposes of ed- ucation ; the number of common schools in the state, the number of scholars attending such schools, their sex and STATE COMMISSIONER OF COMMON SCHOOLS. IS the branches taught; the number of private or select schools in the state, so far as can be obtained, the number of scholars attending such schools, their sex and the branches taught; the number of teachers' institutes, the number of teachers attending them, the number of instructors and lecturers employed therein and the amount paid to each ; the estimates and accounts of expenditures of the public school funds, plans for the management and improvement of common schools, and such other information relative to the educational interests of the state as the commissioner deems important. (R. S. Sees. 361, 362.) Provisions for printing report, see Sec. 2268. As to the duty of county auditors in transmitting abstracts of school statistics to state commissioner of common schools, see Sec. 7789. Section 361. When three or more resident taxpay- ers of a school district have reason to believe that any portion of the school funds of the district has been un- lawfully expended or misapplied by the officers thereof, or that fraudulent entries have been made by an officer in the books, accounts, vouchers, or settlement sheets of the district, or that an officer has not made settlement of his account as required by law, they may make complaint thereof in writing, verify it by the affidavits of at least three such taxpayers, with the certificate of the auditor of the county that they are taxpayers attached, and file such complaint with the state commissioner of common schools. (R. S. Sec. 564.) Section 362. Upon the filing of the complaint, or when for other cause he deems it necessary, the state com- missioner of common schools shall appoint an examiner to investigate the condition of the school funds of a dis- trict. The examiner shall be a trustworthy and compe- tent accountant and shall have authority to summon wit- nesses before him forthwith upon written notice and ex- amine them under oath administered by him. He shall be sworn by a person authorized by law to administer oaths, and shall forthwith visit the school district, take possession of the books, papers, vouchers and accounts thereof and begin such investigation. (R. S. Sees. 364. 365.) Section 363. On application of the examiner, the of- ficers of the school district shall immediately place in his possession- the books, accounts, contracts, vouchers and others papers relating to the receipts and expenditures of the school funds. The auditor and treasurer of the county shall afford the examiner free access to the records, books, papers, vouchers and accounts of their respective offices relating to the subject of the investigation. (R. S. Sec. 365.) Section 364. After completing:" an investigation, the "Examiner shall make a report in writing in duplicate show- ing the condition of the books, vouchers and accounts of the district, the amount of school funds received for all pur- poses and from what sources, the amount thereof expended Complaint of fraudulent use of school funds. Appointment of examiner, his qualifica- tions, power*. and duties. Duty of cer- tain officers in case of examination. Report of examiners. i6 STATE COMMISSIONER OF COMMON SCHOOLS. Stenographer for examiner. Compensation and mileage of examiner. Duty of judge and prosecut- ing attorney. and for what purposes and the amount in the treasury. The examiner shall file one copy of the report in the office of the clerk of the court of common pleas of the county in which the district is located, and transmit the other to the state commissioner of common schools. (R. S. Sec. 365.) Section 365. With the written consent of the pros- ecuting attorney or a judge of the court of common pleas of the county in which the school district is located, the examiner may require the services of the official court sten- ographer of the county to aid him in making such exam- ination ; but tlie stenographer shall receive no compensation for such service in addition to the compensation provided for him by law. (R. S. Sec. 364.) Section 366. The examiner shall receive five dollars for each day necessarily engaged in the performance of his duties and five cents for each mile of necessary travel not exceeding the distance from the seat of government to the school district. The compensation and mileage of the ex- aminer shall be paid from the county treasury upon the warrant of the county auditor. If the complaint or other cause be sustained, the amount so paid shall be assessed by the county auditor upon the taxable property of the 'school district and collected as other taxes. (R. S. Sec. 365.) Section 367. A judge of the court of common pleas of the proper county shall examine the report of the ex- aminer filed with the clerk, and, if it appear therefrom that any part of the school funds has been unlawfully used or misapplied, or that there has been fraud in the entries, accounts, vouchers, contracts or settlements, or that the settlements have not been made as required by law; or, if it appear therefrom that there has been defalcation or embezzlement by an officer of such district, he shall give the report specially in charge to the grand jury at the term of court following the filing of the report. The prosecut- ing attorney of the county shall forthwith prosecute such proceedings, civil or criminal, or both, as are authorized by law, against the delinquent officer or officers. (R. S. Sec. 366.) TITLE IV. JUDICIAL CHAPTER 8. JUVENILE COURT. Section 1G39. What courts to have powers and juris- diction. 1640. Seal. 1641. Appearance docket and journal. 1642. Jurisdiction. 1643. When jurisdiction terminates. 1644. "Delinquent child" defined. 1645. "Dependent child" defined. 1646. "Proper parental care" defined* 1647. Affidavit. 1648. Citation, warrant, contempt. 1649. Special room for juvenile court. 1650. Hearing. 1651. Jury trial; costs. 1652. Judge may commit child to care of pro- bation officer, etc. 1653. Judge may commit child to care of suitable person. 1654. Aiding or abetting delinqueiicy; penalty. 1655. Failure or neglect to support, penalty. 1^6. Workhouse sentence, provisions in case of. 1657. Commitment in county jail, etc. 1658. Citation after hearing. 1659. Transfer of case to juvenile judge. 1660. Writs, to whom issued. 1661. Expense, how paid. Section 1662. 1663. 1664. 1665. 1666. 1667. 1670. 1671. 1672. 1673. 1674. 1675. 1676. 1677. 1678. 1679. 1680. 16S1. 1682. 16S3. Probation officers, appointment, compen- sation. Duties and powers of probation officers. Prosecuting attorney, duty of. Bail. Suspension of sentence. Forfeit of bond. Error proceedings. Findings, not lawful evidence. Detention home, how established and conducted. Expenses of detention home. Child becomes a ward, when. May agree with incorporated institution for care of child. Agent of certain institutions, duties of. Board of state charities, duties of. Articles of incorporation to be approved by board of state charities. Associations of other states. Penalty. Religious belief. How chapter construed as to industrial schools. When child is charged with' felony. Fees and costs, how paid. Chapter to be liberally construed. Section 1639. Courts of common pleas, probate what courts courts, and insolvency courts and superior courts, where *° ^^^^ ?°'*^" 1 1-' 1 1 1 11 1 1 • 1 1 ^^ ^^^ juns- estabiisned, shall have and exercise, concurrently, the pow- diction, ers and jurisdiction conferred in this chapter. The judges of such courts, at such times as they determine, shall des- ignate one of their number to transact the business arising under such jurisdiction. When the term of the judge so designated expires, or his office terminates, another des- ignation shall be made in like manner. (99 v. 192 §1.) Section 1640. The seal of the court, the judge of gg^j which is designated to transact such business, shall be at- tached to all writs and processes. (99 v. 192 § 2.) Section 1641. The clerk of the court of the judge ex- ercising the jurisdiction shall keep an appearance docket and a journal3 in the former of which shall be entered the style of the case and a minute of each proceeding and in the latter of which shall be entered all orders, judgments and findings of the court. (99 v. 192 § 3.) Section 1642. Such courts of common pleas, probate courts, insolvency courts and superior courts within the provisions of this chapter shall have jurisdiction over and with respect to delinquent, neglected and dependent minors, under the age of seventeen years, not inmates of a state in- stitution, or any institution incorporated under the laws of 2 s. h. 17 Appearance docket and jourjial. Jurisdiction. 1 8 JUVENILE COURT. When juris- diction ter- minates. ^'Delinqti'-nt cliild" de- fined. "Dependent child" de- fined. "Proper pa- rental care" defined. the State for the care and correction of deHnquent, neglected and dependent children, and their parents, guardians, or any person, persons, corporation or agent of a corporation responsible for or guilty of causing, encouraging, aiding, abetting or contributing toward the delinquency, neglect or dependency of such minor. (99 v. 192 § 4.) Section 1643. When a child under the age of seven- teen years comes into the custody of the court under the provisions of this chapter, such child shall continue for all necessary purposes of discipline and protection, a ward of the court, until he or she attains the age of twenty-one years. The power of the court over such child shall con- tinue until the child attains such age. (99 v. 192 § 4.) Section 1644. ^^r the purpose of this chapter, the words "delinquent child" includes any child under seven- teen years of age who violates a law of this state or city or village ordinance, or who is incorrigible; or who know- ingly associates with thieves, vicious or immoral persons ; or who is growing up in idleness or crime; or who know- ingly visits or enters a house of ill repute ; or who knowingly patronizes or visits a policy shop or place Where any gam- bling device is, or shall be, operated; or who patronizes or visits a saloon or dram shop where intoxicating liquors are sold; or who patronizes or visits a public pool or bil- liard room or bucket shop; or who wanders about the streets in the night time; or who wanders about railroad yards or tracks, or jumps or catches on to a moving train, traction or street car, or enters a car or engine without lawful authority ; or who uses vile, obscene, vulgar, profane or indecent language ; or who is guilty of immoral conduct ; or who uses cigarettes ; or who visits or frequents any theater, gallery or penny arcade where lewd, vulgar or in- decent pictures are exhibited or displayed. A child com- miitting any of the acts herein mentioned shall be deemed a juvenile delinquent person, and be proceeded against in the manner hereinafter provided. (99 v. 192 § 5.) vSection 1645. Fo^ the purpose of this chapter, the words "dependent child" shall mean any child under seven- teen years of age who is dependent upon the public for support ; or who is destitute, homeless or abandoned ; or who has not proper parental care or guardianship ; or who begs or receives alms ; or who is found living in a house of ill fame, or with any vicious or disreputable persons; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child; or whose environment is such as to warrant the state, in the interest of the child, in assuming its guardianship. (99 v. 193 § 6.) Section 1646. A child within the provisions of this chapter whose parents or guardian permits' it to use or be- come addicted to the use of tobacco, or intoxicating liquors as a beverage and not for medicinal purposes, or whose JUVENILE COURT. 19 parents or guardian rears, keeps or permits it in or about a saloon or place where intoxicating liquors are sold, or a gambling house or place where gambling is practiced or carried on, or a house of ill fame or ill repute, shall be deemed to be without proper parental care or guardianship. The word "child" or "children" may mean one or more children and includes males and females. The word "parent" may mean one or both parents when consistent with the intent of this chapter. The word "minor" means child. (99 V. 193 § 6.) Section 1647. Any person having knowledge of a Affidavit. minor under the age of seventeen years who appears to be either' a delinquent, neglected or dependent child, may file with the clerk of the court of the judge exercising the jurisdiction, an affidavit, setting forth the facts, which may be upon information and belief. (99 v. 193 § 7.) Section 1648. Upon filing of the affidavit, a citation citation, war- shall issue, requiring such minor to appear, and the person l^^' *=°"" having custody or control of the child or with whom it may be, to appear with the minor, at a time and place to be stated in the citation; or the judge may in the first in- stance issue a warrant for the arrest of such minor or for any person named in the affidavit and charged therein with having abandoned, or charged therein with neglect of or being responsible for or having encouraged, aided or abetted the delinquency or dependency of such child. A parent, guardian, or other person not cited may be sub- poenaed to appear and testify at the hearing. Any one cited or subpoenaed to appear who fails to do so may be punished as in other cases in the common pleas court for contempt of court. When a person charged with violating a provision of this chapter shall have fled from justice in this state, such judge shall have all the powers of a mag- istrate under the laws of this state relating to fugitives from justice. (99 V. 193 § 8.) Section 1649. The county commissioners shall pro- special room vide a special room not used for the trial of criminal cases, comt"^^"'^^ when avoidable, for the hearing of juvenile cases. (99 v. 194 § 9-) Hearing. Section' 1650. On the day named in the citation or upon the return of the warrant of arrest, or as soon there- after as may be, the judge shall proceed, in a summary manner to hear and dispose of the case, and the person arrested or cited to appear may be punished in the manner hereinafter provided. (99 v. 194 § 10.) Section 1651. A person charged with being re- j^^^.^ ^^.j^j. sponsible for or with causing, aiding or contributing to the costs, delinquency, dependency or neglect of a child, arrested or cited to appear before such court, at any time before hear- ing, may demand a trial by jury, or the judge upon his own motion may call a jury. The statutes relating to the draw- 20 JUVENILE COURT. Judge may commit child to care of probation of- ficer, etc. Judge may commit child to care of suitable per- son. ing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to such jury trial. When a jury trial is demanded, or when ordered by him, the judge shall issue a precipe to the clerk of the common pleas court, who shall thereupon proceed to, draw from the jury wheel, as in other criminal cases, and issue the venire to the sheriff of the county for the persons whose names are so drawn, who shall serve and return it as in other cases. The compensation of the jurors, and the costs of the clerk and sheriff shall be taxed and paid as in other criminal cases in the common pleas court. (99 v. 194 § II.) Section 1652. In case of a delinquent child the judge may continue the hearing from time to time, and may com- mit the child to the care or custody of a probation officer, and may allow such child to remain at its own home, subject to the visitation of the probation officer, and subject to be returned to the judge for further or other proceedings whenever such action may appear to be necessary; or the judge may cause the child to be placed in a suitable family home, subject to the friendly supervision of a probation officer, and the further order of the judge, or he may authorize the child to be boarded in some suitable family home in case provision be made by voluntary contribution or otherwise for the payment of the board of such child, until suitable provision be made for it in a home without such payment; or the judge may commit such child, if a boy, to a training school for boys, or, if a girl, to an in- dustrial school for girls, or commit the child to any in- stitution within the county that may care for delinquent children, or be provided by a city or county suitable for the care of such children, or to the boys' industrial school, or wjiere it appears upon the hearing that such delinquent child is sixteen years of age, or over, and has committed a felony, to the Ohio state reformatory; or to any state institution which may be established for the care of delin- quent boys, or, if a girl over the age of nine years, to the girls' industrial home or to any state institution which may be established for the care of delinquent girls. In no case shall a child, committed to such institution be confined under such commitment after attaining the age of twenty-one years. A child committed to such institution shall be sub- ject to the control of the trustees thereof, who shall have power to parole such child on such conditions as it may prescribe, and, on the recommendation of the trustees, the superintendent shall have power to discharge such child from custody; or the judge may commit the child to the care and custody of an association that will receive it, embracing in its objects the care of neglected or dependent children, if duly accredited as hereinafter provided. (99 V. 194 § 12.) Section 1653. When a minor under the age of seven- teen years is found to be dependent or neglected, the judge may make an order committing such child to the care of JUVENILE COURT. 21 some suitable state or county institution, or to the care of some reputable citizen of good moral character, or to the care of some training school or an industrial school, as provided by law, or to the care of some association will- ing to receive it, which embraces within its objects the pur- poses of caring for or obtaining homes for dependent, neglected or delinquent children or any of them, and which has been accredited as hereinafter provided. When the health or condition of the child shall require it, the judge may cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purposes without charge. (99 v. 195 § 13.) Section 1654. Whoever aids, abets, induces, causes, encourages or contributes toward the delinquency of a minor under the age of seventeen years, as herein defined, shall be fined not less than ten dollars nor more than one thousand dollars or imprisoned not less than ten days nor more than one year, or both. Each day of such contribu- tion to such delinquency shall be deemed a separate offense. If in his judgment it is for the best interest of a delinquent minor under the age of seventeen years, the judge may impose a fine upon such delinquent not exceeding ten dol- lars, and he may order such person to stand committed until fine and costs are paid. (99 v. 195 § 14.) Section 1655. Whoever is charged by law with the care, support, maintenance or education of a minor under the age of seventeen years, and is able to support or con- tribute toward the support or education of such minor, fails, neglects, or refuses so to do, or who abandons such minor shall be fined not less than ten dollars nor more than five hundred dollars, or imprisoned not less than ten days nor more than one year, or both. Such neglect, non-support or abandonment shall be deemed to have been committed in the county in which such minor may be at the time of such neglect, non-support or abandonment. Each day of such failure, neglect or refusal shall constitute a separate offense, and the judge may order that such person stand committed until such fines and costs are paid. (99 v. 196 § 15.) Aiding or abetting de- linquency; penalty. | Failure or neglect to support, pen- alty. Workhouse sentence^ pro- visions in Section 1656. When a person is convicted and sen- tenced under this chapter for the abandonment of or for the neglect of or failure to maintain or support a minor, case of. to imprisonment in a workhouse, the county from which such prisoner is so sentenced, shall pay from the general revenue fund, forty cents, for each day such prisoner is so confined, to the chief probation officer of such county, to be by him expended, under the direction of the judge, for the maintenance of the dependent minors of such prisoner, of which expenditure such officer shall make monthly reports to the judge. The county commissioners of such county shall make the allowances herein provided 3.2. JUVENILE GOURT. 'Commitment to county jail, etc. Citation after hearing. Transfer of case to juve- nile judge. Writs, to whom issued. Expense, how paid. for, which shall be paid by the county treasurer from the county treasury upon the warrant ot the county auditor in favor of such probation officer. (99 v. 196 § :6.) Sfxtion 1657. Pending final disposition of a case, the judge may commit any person arrested or cited to appear, except the minor under fourteen years of age, to the county jail until the case is disposed of, but such trial shall be commenced within four days of such commitment unless upon the request of the defendant. Pending final dis-; position, the judge may direct that the minor in question be left in the possession of the person having ch'arge of him, or that he be kept in some suitable place provided by the county or city authorities. (99 v. 196 § 17.) Section 1658. If it appear upon the hearing that any person not cited to appear, has probably aided, induced, caused, encouraged, or contributed to the delinquency of a minor under the age of seventeen years, or that a person, charged by law, with the care, support, education and main- tenance of any .minor, has abandoned, failed, refused, or neglected, being able so to do, to support or sufficiently contribute toward the support, education and maintenance of such minor, the judge may order such person to be cited to appear at a subsequent day, or may issue a war- rant to arrest such person as heinbefore provided, and upon citation, warrant and hearing the same proceedings may be had as in the first instance. (99 v. 196 § 18.) Section 1659. When a minor, under the age of seventeen years, is arrested, such child, instead of being taken before a justice of the peace or police judge, shall be taken directly before such juvenile judge; or, if the child is taken before a justice of the p"eace or judge of police court, it shall be the duty of such justice of the peace or such judge of the police court, to transfer the case to the judge exercising the jurisdiction herein provided. The officers having such child in charge shall take it before such judge, who shall proceed to hear and dispose of the case in the same manner as if the child had been brought before the judge in the first instance. (99 v. 197 § 19.) Section 1660. The warrants, citations, subpoenas and other writs of such judge may issue to a probation officer of any such court or to the sheriff of any county, and the pro- visions of law relating to the subpoenaing of witnesses in criminal cases shall apply in so far as they are applicable. (99 V. 197 § 20.) Section 1661. When a warrant is issued to any such officer, the expense incurred in pursuing and bringing the person named therein before such judge shall be paid by the county in the manner prescribed by law for the payment of deputies, assistants and other employes of county officers. (99 V. 197 § 21.) JUVENILE COURT. 23 Section 1662. The judge designated to exercise juris- Probation o£- diction may appoint one or more discreet persons of good ^^^^'^ comp?n- moral character, one or more of whom may be women, saiioA. to serve as probation officers, during the pleasure of the judge. One of such officers shall be known as chief pro- bation officer and there may be first, second and third as- sistants. Such chief probation officer and the first, sec- ond and third assistants shall receive such compensation as the judge appointing them may designate at the time of the appointment, but the compensation of the chief pro- bation officer shall not exceed twenty-five hundred dollars per annum, that of the first assistant shall not exceed twelve hundred dollars per annum, and of the second and third shall not exceed one thousand dollars per annum, each payable monthly. The judge may appoint other probation officers, with or without compensation, but the entire com- pensation of all probation officers in any county shall not exceed the sum of forty dollars for each full thousand inhabitants of the county at the last federal census, and in no case shall the entire compensation of all probation officers in any county exceed the sum of seven thousand five hundred dollars. The compensation of the probation officers shall be paid by the county treasurer from the county treasury upon the warrant of the county auditor, which shall be issued upon itemized vouchers sworn to by the probation officers and certified to by the judge of the juvenile court. (99 v. 197 § 22.) Section 1663. When a complaint is made or filed against a minor, the probation officer shall inquire into and make examination and investigation into the facts and circumstances surrounding the alleged delinquency, neglect, or dependency, the parentage and surroundings of such minor, his exact age, habits, school record, and every fact that will tend to throw light upon his life and character. He shall be present in court to represent the interests of the child when the case is heard, furnish to the judge such information and assistance as he may require, and take charge of any child before and after the trial as the judge may direct. He shall serve the warrants and other process of the court within or without the county, and in that respect is hereby clothed with the powers and authority of sheriffs. He may make arrests without warrant upon reasonable information or upon view of the violation of any of the provisions of this chapter, detain the person so arrested pending the issuance of a warrant, and perform such other duties, incident to their offices, as the judge directs. All sheriffs, deputy sheriffs, constables, marshals and police officers shall render assistance to probation of- ficers, in the performance of their duties, when requested so to do. (99 V. 198 § 23.) Section 1664. On the request of the judge exercis- ing such jurisdiction, the prosecuting attorney of the county shall prosecute all persons charged with violating any of the provisions of this chapter. (99 v. 198 § 24.) Duties and powers of pro- bation officers. Prosecuting attorney, duty of. 24 JUVENILE COURT. Bail. Suspension of sentence. Forfeit of bond. Error pro- ceedings. Section 1665. The provisions of law relating to bail in criminal cases in the common pleas court shall apply to persons committed or held under the provisions of this chapter so far as they are applicable. (99 v. 198 § 25.) Section 1666. In every case of conviction and where imprisonment is imposed as part of the punishment, such judge may suspend sentence upon such conditions as he imposes. (99 v. 198 § 26.) Section 1667. When, as a condition of suspension of sentence, bond is required and given, upon the failure of a person giving such bond to comply with the terms and conditions thereof, such bond may be forfeited, the sus- pension terminated by the judge, the original sentence ex- ecuted as though it had not been suspended, and the term of any jail or workhouse sentence imposed in such case shall commence from the date of imprisonment of such person after such forfeiture and termination of suspension. Any part of such sentence which may theretofore have been served, shall be deducted from any such period of impris- onment. (99 V. 198 § 27.) Section 1668. The provisions of law relating to error proceedings from the court of common pleas, including the allowance and signing of bills of exceptions shall apply to prosecutions of persons over seventeen years of age under this chapter, and from judgment of the judge in such prosecutions error may be prosecuted to the circuit court of the county under laws governing prosecutions" of proceedings in error in other criminal cases, to such cir- cuit court. (99 V. 198 § 28.) Section 1669. The disposition of, or any order, judg- ment, or finding against a child under this chapter, or any evidence given in any proceeding thereunder, shall not in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases herein against the same child. (99 v. 199 § 29.) Detention SECTION 1670. Upon the advicc and recommendation ?a°bHskid^aSr of the judge exercising the Jurisdiction provided herein, conducted. the county commissioners may provide by purchase or lease, a place to be known as a "detention home" within a convenient distance of the court house, not used for the confinement of adult persons charged with criminal offenses, where delinquent, dependent or neglected minors under the age of seventeen years may be detained until final dispo- sition, which shall be maintained by the county as in other like cases. In counties having a population in excess of forty thousand, the judge may appoint a superintendent and matron who shall have charge of such home, and of the delinquent, dependent and neglected minors detained therein. Such superintendent and matron shall be suitable and dis- creet persons, qualified as teachers of children. Such home Findings, not lawful evi- dence. JUVENILE COURT. 2S shall be furnished in a comfortable manner as nearly as may be as a family home. The compensation of the super- intendent and matron shall be fixed by the county com- missioners. Such compensation and the expense of main- taining the home shall be paid from the county treasury upon the warrant of the county auditor, which shall be issued upon the itemized voucher, sworn to by the super- intendent and certified by the judge. (99 v. 199 § 30.) Section:- 1671. When such detention home is pro- vided by the county commissioners, and upon such home Some being recommended by the judge, the commissioners shall enter an order on their journal transferring to the proper fund from any other fund or funds of the county, in their discretion, such sums as may be necessary to purchase or lease such home and properly furnish and conduct it and pay the compensation of the superintendent and matron. The commissioners shall likewise upon the appointment of probation officers, transfer to the proper fund from any other fund or funds of the county, in their discretion, such sums as may be necessary to pay them, and such transfers shall be made upon the authority of this chapter. At the next tax levying period, provisions shall be made for the expenses of the court. (99 v. 199 § 30.) Section 1672. If the court awards a child to the care of an association or individual in accordance with these provisions, unless otherwise ordered, the child shall become a ward, and be subject to the guardianship of such associa- tion or individual. Such association or individual may place such child in a family home, with or without indenture, and shall be made party to any proceedings for the legal adoption of the child, and may appear in any court where such proceedings are pending, and assent to such adoption. Such assent shall be sufficient to authorize the judge to enter the proper order or decree of adoption. Such guard- ianship shall not include the guardianship of any estate of the child. (99 v. 199 § 31.) Section 1673. The parents, parent, guardian or other person or persons having the right to dispose of a depend- ent or neglected child may enter into an agreement with emy association or institution, incorporated under any law of this state, which has been approved as herein provided, for the purpose of aiding, caring for or placing in homes such children, or for the surrender of such child to such association or institution, to be taken and cared for by such association or institution, or put into a family home. Such agreement may contain any and all proper stipulations to that end, and may authorize the association or institution, to appear in any proceeding for the legal adoption of such child, and consent to its adoption. The order of the judge made upon such consent shall be binding upon the child and its parents, guardian or other person, as if such person were personally in court and consented thereto, whether made party to the proceeding or not. (99 v. 200 § 32.) Expenses of detention Child becomes- a ward, when. May agree with incorpo- rated institu- tion for care- of child. 26 JUVENILE COURT. Agent of cer- tain institu- tions, duties of. Board of state charities, du- ties of. Articles of incorporation to be ap- proved by board of state charities. Section 1674. The board of trustees of the boys' in- dustrial school, and of the girls' industrial home, and the managers of any other institution to which juvenile delin- cjuents may be committed, may, each, maintain an agent of such institution, who shall examine the home of chil- dren paroled for the purpose of reporting to such trustees or managers whether they are suitable homes, and assist children paroled or discharged from such institution in finding suitable employment, and maintain a friendly super- vision over paroled inmates. Such agents shall hold office subject to the pleasure of the board making the appoint- ment and shall receive such compensation as the board may determine from funds appropriated for such institu- tion appHcable thereto. (99 v. 200 § 33.) Section 1675. All associations receiving children here- under shall be subject to the same visitatioti, inspection and supervision by the board of state charities as are the public charitable institutions of the state. Such board shall annually pass upon the fitness of every such association as receives, or desires to receive, children under the provision of this chapter. Annually at such time as the board shall direct, each such association shall make a report, showing its condition, management and competency, adequately to care for such children as are, or may be committed to it, and such other facts as the board requires. When the board is satisfied as to the care given such children, it shall issue to the association a certificate to that effect, which shall continue in force for one year unless sooner revoked by the board. No child shall be committed to an association which has not received such certificate within fifteen months next preceding the commitment. At any time, the judge may require from an association receiving or desiring so to receive children such reports, information and statements as he deems proper and necessary. He may at any time require from an association or institution, re- ports, information or statements concerning any child or children committed to it by him under the provisions of this chapter. (99 v. 200 § 34.) Section 1676. No association whose objects may em- brace the care of dependent, neglected or delinquent chil- dren shall hereafter be incorporated unless the proposed ar- ticles of incorporation shall have been submitted first to the board of state charities. The secretary of state shall not issue a certificate of incorporation unless there shall first be filed in his office the certificate of the secretary of the board of state charities that he has examined the articles of incorporation, and that in his judgment the incorporators are reputable and respectable persons, that the proposed work is needed, and the incorporation of such association is desirable and for the public ^ good. Amendments proposed to the articles of incorporation of any such association shall be submitted in like manner to the board of state charities, and the secretary of state shall JUVENILE COURT, V not record such amendment or issue his certificate therefor unless there shall first be filed in his office the certificate of the secretary of the board of state charities that he has examined such amendment, that the association in question is, in his judgment, performing in good faith the works undertaken by it, and that such amendment i.-', in his judgment, a proper one, and for the public good. (99 v. 201 § 35.) Section -1677. No association, incorporated under the Associations laws of any other state, shall place a child in a family g^^gg^^^ home within the boundaries of this state, either with or without indenture or for adoption, unless such association shall have furnished the state board of charities with such guaranty as it may require that no child having a contagious disease, deformity, feeble mind or vicious character, shall be brought into the state by such association or its agonts, ai^i that such association will promptly receive and remove froiii the state a child brought into the state by its agents, which shall become a public charge within the period of five years thereafter. (99 v. 201 § 36.) Section 1678. Whoever shall place in a home or Penalty. receive to be placed in a home a child in behalf of any association incorporated in any other state which has not complied with the requirements of this chapter shall be imprisoned in the county jail not more than thirty days, or fined not less than five dollars or more than one hundred dollars, or both, in the discretion of the judge. (99 v. 201 § 36.) Section 1679. The judge in committing children shall place them, so far as practicable, in the care and custody of an individual holding the same religious belief as such child or its parents, or with some association which is con- trolled by persons of like religious faith as such child or its parents. (99 v. 202 § 37.) Religious be- lief. Section 1680. Nothing herein shall be construed to piow chapter repeal any provision of law relating to the boys' industr" school or the girls' industrial home. (99 v. 202 § 38.) to industrial schools. Section 1681. When any information or complaint when child is shall be filed against a delinquent child under these pro- fl-'fJif^^ ^**^ visions, charging him with felony, the judge may order such child to enter into a recognizance, with good and sufficient surety, in such amount as he deems reasonable, for his appearance before the court of common pleas at the next term thereof. The same proceedings shall be had thereafter upon such complaint as now authorized by law for the indictment, trial, judgment and sentence of any other person charged with a felony. (99 v. 202 § 39.) Section 1682. Fees and costs in all such cases with pees and costs, such sums as are necessary for the incidental expenses of ^o^ p^i<^- the court and its officers, and the costs of transportation of 28 JUVENILE COURT. children to places to which they have been committed, shall be paid from the county treasury upon itemized vouchers, certified to by the judge of the court. (99 v. 202 § 40.) Chapter to be SECTION 1683. This chapter shall be liberally con- straed^^ ^°" strued to the end that proper guardianship may be pro- vided for the child, in order that it may be educated and cared for, as far as practicable in such manner as best subserves its moral and physical welfare, and that, as far as practicable in proper cases, the parent, parents, or guar- dian of such child may be compelled to perform their moral and legal duty in the interest of the child. (99 V. 202 § 40.) TITLE XIII. PUBLIC SCHOOL DISTRICTS CHAPTER I. CHAPTER 2. CHAPTER 3. CHAPTER 4. CHAPTER 5. CHAPTER 6. CHAPTER 7. Classification of Districts. City School Districts. Village School Districts. Township School Districts. Special School Districts. Boards of Education. Treasurer and Clerk. CHAPTER 1. CLASSIFICATION OF DISTRICTS. Section 4679. School districts classified. 4680. City school districts. Village school districts. Village with less than one hundred thousand tax valuation. Township school districts. Special school district. Territory must be contiguous. 4681. 4682. 4684 4685 advancement and reduction. 4686. Change of classification upon advance- ment or reduction. 4687. School district in newly created munici- pality. 4688. School district in villages upon sur- render of corporate powers. 4689. Disposal of property in such cases. annexation. ,wvy. xxx.xi^.^c»aon of territory i.^^ lage. 4691. Attaching village territory. Section 4690. Annexation of territory to city or vil- transfer of territory. 4692. Transfer of territory from one school district to another, 4693. Transfer of territory on petition. 4694. Notice of hearing. 4695. Judgment and costs. 4696. Apportionment of funds or indebtedness when territory is transferred. 4697. Territory situated in two or more counties. Section 4679. The school districts of the state shall School dis be styled, respectively, city school districts, village school ^"5!^ ^^^^^^' districts, township school districts and special school dis- tricts. (R. S. Sec. 3885.) Common school districts and boards of education are not corporations within the meaning of § 1, Art. XIII, of the Constitution. 38 O. S., 54. Special districts; see 46 O. S., 275. Section 4680. Each city, together with the territory attached to it for school purposes, and excluding the ter- ritory within its corporate limits detached for school pur- poses, shall constitute a city school district. (R. S. Sec. 3886.) Section 4681. Each village, together with the ter- ritory attached to it for school purposes, and excluding the territory within its corporate limits detached for school pur- poses, and having in the district thus formed a total tax valuation of not less than one hundred thousand dollars, shall constitute a village school district. (R. S. vSec. 3888.) The board of education of a township established a central or high school and located it in a sub-district. The territory comprised in the sub- district after the establishment of the central high school, and before the act of May 1, 1873, was formed into an incorporated village; held, that the property of the central or high school and the management of the school did not, by virtue of said last mentioned act, pass to the board of education of the village. 41 O. S., 680. 29 City school districts. Village school district. 30 CLASSIFICATION OF DISTRIITS. Village with Section 4682. A village, together with the territory ifundred"thous. attached to it for school purposes, and excluding the ter- and tax Htory within its corporate limits detached for school pur- poses, with a tax valuation of less than one hundred thousand dollars, shall not constitute a village school dis- trict, but the proposition to dissolve or organize such village school district shall be submitted by the board of education to the electors of such village at any general election, and be so determined by a majority vote of such electors. (R. S. Sec. 3888.) Township Section 4683. Each civil township, together with the school districts, territory attached to it for school purposes, and excluding the territory within its established limits detached for school purp'oses, shall constilute a township school dis- trict. (R. S. Sec. 3890.) Special school SECTION 4684. Any school district, other th^n a city, district. village or township school district, and any school district organized under the provisions of chapter five of this title, shall constitute a special school district. (R. S. Sec. 3891.) The formation of a special school district from territory within the limits of a township, by special act, is in conflict with Sec. 26, Art. II, of the Con- stitution. 73 O. S., 54; 46 O. S., 275; S8 O. S., 54. Territory must Section 4685. The territory included within the be contiguous. i^Qundaries of a city, village or special school district shall be contiguous. (R. S. Sec. 3892.) In regard to change in sub-districts, see Sec. 4716. A sub-district is not a school district within the meanhii of the law. advancement and redlxtion. Chan^ of classification upon advance- ment or reduc- School district in newly created mu- nicipality. School district in villages upon surren- der of corpo- rate powers. Section 4686. When a village is advanced to a city, the village school district shall thereby become a city school district. When a city is reduced to a village, the city school district shall thereby become a village school dis- trict. The members of the board of education in village school districts that are advanced to city school districts, and in city school districts that are reduced to village school districts shall continue in office until succeeded by the members of the board of education of the new district, who shall be elected at the next succeeding annual elec- tion for school board members. (R. S. Sec. 3889.) Section 4687. Upon the creation of a village, it shall thereby become a village school district, as herein pro- vided, and, if the territory of such village previous to its creation was included within the boundaries of a special school district and such special school district included more territory than is included within the village, such territory shall thereby be attached to such village school district for school purposes. (R. S. Sec. 3889.) Section 4688. When a village surrenders its cor- porate powers or dissolves a village school district, as herein provided, the village school district shall be thereby CLASSIFICATION OF DISTRICTS. 31 abolished and the territory formerly constituting such vil- lage district shall become a part of the township school district or districts of the civil township or townships in which it is situated, and all school property shall pass to and become vested in the township board of education of the civil township in which it is situated. (R S. Sec. 3889.) Section 4689. The provisions of law relating to the Disposal of power to settle claims, dispose of property or levy and .uch^cases" collect taxes to pay existing obligations of a village that has surrendered its corporate powers, shall also apply to such village school district and the board of education thereof. If such village school district is situated in two or more townships, any distribution of funds shall be made in proportion to the total tax valuation of the prop- erty situated in the several townships. (R. S. Sec. 3889.) ANNEXATION. Section 4690. When territory is annexed to a city or village, such territory thereby becomes a part of the city or village school district, and the legal title to school property in such territory for school purposes shall remain vested in the board of education of the school district from which such territory was detached, until such time as may be agreed upon by the several boards of education when such property may be transferred by warranty deed. In case of disagreement between such boards of education. like proceedings shall be had by application to the probate court as are provided by law in case of the transfer of property from one school district to another. (R. S. Sec. 3893-) Section 4691. When territory located within the cor- porate limits of a village is attached for school purposes to a district other than the village school district, and the boards of education of the districts are unable to agree as to the transfer of such territory, the board of education of the village school district may file a petition in the pro- bate court, asking for the transfer of territory within the corporate limits of the village, and the probate court shall have the same jurisdiction and powers as are provided by the preceding section in case of disagreement between boards. (R. S. Sec. 3893.) Annexation of territory to city or village. Attaching vil- lage territory. TRANSFER OF TERRITORY. Section 4692. Any school district or a part thereof may be transferred to an adjoining school district by the mutual consent of the boards of education having control of such districts. To secure such consent, it shall be necessary for each of the boards to pass a resolution indicating the action taken and definitely describing the territory to be transferred. The passage of such resolution shall require a majority vote of the full membership of each board by Transfer of territory from one school dis- trict to an- other. 32 CLASSIFICATION OF DISTRICTS. Transfer of territory on vpetltlon. a yea and nay vote, and the vote of each member shall be entered on the records of such boards. Such transfer shall not take effect until a map, showing the boundaries of the territory transferred, is placed upon the records of such boards and copies of the resolution certified to the presi- dent and clerk of each board together with a copy of such map are filed with the auditor or auditors of the county or counties in which such transferred territory is situated. (R. S. Sec. 3894.) Section 4693. Territory may also be transferred from one school district to another as follows : A petition, signed by not less than one-half of the qualified male citizens who are electors, residing in the territory sought to be transferred and accompanied by a correct map of the territory, shall be filed with the clerks of the boards of education interested. If such boards of education fail or refuse to transfer such territory by mutual consent, as herein provided, within sixty days from the filing of the petition and map, the petitioner shall file a copy of the petition and map in the probate court of the county in which the territory is situated, or, if it be situated in two or more counties, in the probate court of the county con- taining the largest proportionate share of the territory to be transferred. The petitioners shall give satisfactory se- curity for the costs in the sum of one hundred dollars, conditioned that they will pay all the costs in case the trans- fer is not granted. (R. S. Sec. 3895.) Section 4694. Thereupon the probate judge shall fix a day for the hearing of the petition and cause to be published for four consecutive weeks in two newspapers of opposite politics printed and of general circulation in the county, a notice of the filing of the petition and of the time of the hearing. He shall also notify the clerks of the boards of education interested of the filing of the peti- tion and the time of hearing. (R. S. Sec. 3895.) Section 4695. The probate judge may hear and de- termine the case and give judgment for or against such transfer, and his judgment shall be final. In case the find- ing is ^against the transfer, judgment shall be rendered against the petitioners for the costs of the proceedings. If the finding is for the transfer, judgment shall be ren- dered against each of the boards of education interested for one-half of the costs or, if more than two boards are interested, judgment shall be rendered against each for its equal proportionate share of the costs. A certified copy of the findings of .the court, together with a copy of the map of the territory transferred shall be filed by the probate judge in the office of the county auditor. (R. S. Sec. 3895.) , , Section 4696. When territory is so transferred from K,.. funds or , , ,~ -'. , .-^ . ^ , ,. . . , indebtedness one school Qistrict to another, the equitable division 01 ^I^^r"ns7e"^edl' funds or indebtedness shall be determined upon at the Notice of hearing. Judgment -and costs. Apportionment CLASSIFICATION OF DISTRICTS. 33 time of the transfer. When territory is transferred from one district to another by proceedings in the probate court or by the annexation of territory to a city or village, the proper division of funds in the treasury, or in process of collection, of the board of education of the school district from which the territory is detached, shall, upon appli- cation to the probate court of the county in which such territory is situated by either board of education interested, be determined, and ordered by such court. If such board of education is indebted, such indebtedness, together with the proper amount of money to be paid to such board by the board of education of the school district to which the territory is transferred, annexed, or of the district created, shall be in like manner determined and ordered by the court. (R. S. Sec. 3896.) Section 4697. If the territory is situated in two or Territory sit more counties, the application and proceedings shall be had in the probate court of the county containing the counties largest proportionate share of the transferred territory. The findings of the probate court shall be final. (R. S. Sec. 38g6.) uated in two or more CHAPTER 2. CITY SCHOOL DISTRICTS. Section 4698. Board in districts of less than fifty thousand population. 4699. Board in districts containing fifty thous- and or over. 4700. Board shall fix number of members and subdistricts; boundaries. 4701. Decennial redistricting; when school commissioner may act. Section 4702. Terms and members in subdistricts. 4703. Terms of members elected at large. 4704. Qualifications of members; removal. 4705. When number of rnembers may be changed; when election held. 4706. Assignment of territory attached to city. 4707. Redistricting shall not affect existing boards. Board in dis- tricts of less than fifty thousand population. Board in dis- tricts contain- ing fifty thousand or over. Board shall fix number of members and subdistricts ; boundaries. Decennial redistricting; when school commissioner may act. Section 4698. In city school districts which at the last federal census contained a population of less than fifty thousand persons, the board of education shall consist of not less than three members nor more than seven mem- bers, elected at large by the qualified electors of s>uch districts. (R. S. Sec. 3897.) . Section 4699. In city school districts which at the last federal census contained a population of fifty thousand persons or over, the board of education shall consist of not less than two members nor more than seven members, elected at large by the qualified electors of the school dis- trict and of not less than two members no more than thirty members elected from subdistricts by the qualified electors of their respective subdistricts. (R. S. Sec. 3897.) Section 4700. The board of education in each city school district, by resolution, shall fix within the limits so prescribed the number of members of. the board of edu- cation, to be elected at large, and the number of members of the board to be elected by city districts. At the same time, the board shall subdivide such city school district into subdivisions equal in number to the number of mem- bers of the board of education in the district, who are to be elected from subdistricts therein so established. Such subdistricts shall be bounded, as far as practicable, by corporation' lines, streets, alleys, avenues, public grounds, canals, water courses, ward boundaries, voting precinct boundaries, or present school district boundaries, and shall be as nearly equal in population as possible and be com- posed of adjacent and as compact territory as practicable. The lines of such subdistricts so fixed shall not be changed until after each succeeding federal census. (R. S. Sec. 3897.) Section 4701. Within three months after the official announcement of the result of each succeeding federal census, the board of education of each such city school district shall redistrict such district into subdistricts in accordance with the provisions of this chapter. If the board of education of any such district fails to district or re-district such city school district, as herein required, 34 CITY SCHOOL DISTRICTS. 35 then upon application of the president of the board of edu- cation, the state commissioner of common schools shall forthwith district or re-district such city school district, sub- ject to the requirements of this chapter. (R. S. Sec. 3897.) Section 4702. Such school districts shall be num- Terms of _ bered from one up, consecutively. At the first election for Siltrict!" members of the board of education, the members to be elected to the board of education from subdistricts of odd- numbers, beginning with one, shall be elected for two years, and those elected from subdistricts of even numbers shall be elected for four years, and at the expiration of their re- spective terms, their successors shall be elected for a term of four years. (R. S. Sec. 3897.) Section 4703. In city school districts, at the first elec- ^^^.j^g ^^ tion, all members of the board of education at large shall members be elected for terms as follows : If there are but two mem- fa?gl!^ ^* bers of the board of education elected at large, one shall be elected for two years and one for four years. If there are more than two, and the number thereof is divisible by two, the one-half of such board shall be elected for two years and one-half for four years, but, if the whole number of members elected at large is not divisible by two, the num- ber to be elected for two years shall be the quotient ob- tained by dividing the whole number to be elected less one by two, and the remaining members shall be elected for four years. At the expiration of their respective terms,, their successors shall be elected for four years. (R. S. Sec. 3897-) Section 4704. Members elected at large must be elec- Qualification* tors of the city school district, and members elected from of members- subdistricts must be electors of the city subdistricts from which they are chosen or of the territory attached to the subdistrict for school purposes. A removal of a member of the board from such subdistrict, territory or city school district shall vacate his office. (R. S. Sec. 3897.) Section 4705. The number of members of any such when number board of education shall not be changed, except at the time ^han'^ed'-^^'^^ of the redistricting herein provided for within three months when election, after the official announcement of the result of the federal ^^'^' census. All members of the board of education of the city school districts shall be elected at the same time as municipal officers are elected and in the manner provided by law. (R. S. Sec. 3897.) Section 4706. When territory is attached to a city district for school purposes, the board of education shall assign such territory to the subdistrict or subdistricts ad- joining it, and a map, showing such assignment, shall be made a part of the record of the board. The electors re- siding in such attached territory shall be entitled to vote for school officers and on all school questions in the sub- district to which they are assigned and in the election pre- Assignment of attached territory to city. 26 CITY SCHOOL DISTRICTS. cinct nearest their residence. If the board of education fails to perform this duty, the electors residing in such attached territory may vote in the subdistrict and precinct nearest their residence. An elector residing in the city and not in the city school district shall not be entitled to vote in the city school district. (R. S. Sec. 3898.) . . . Section 4707. The redistricting of a city school dis- shairnofaff^ct trict shall not affect the membership of the then existing boi?ds^ board of education in such district. All members thereof shall continue to serve for the full term for which they were elected. After the expiration of such terms, the elec- tion of members of the board of education from subdis- tricts shall be by the subdistricts as redjstricted. (R. S. Sec. 3900.) CHAPTER 3. VILLAGE DISTRICTS. Section 4708. Board of education in village districts. 4709. Terms of members chosen at first elec- tion. Section 4710. Election in newly created village. 4711. Assignment of electors in attached ter- ritory for voting purposes. Section 4708. In village school districts, the board of education shall consist of live members elected at large at the same time as municipal officers are elected and in the manner provided by law. (R. S. Sec. 3908.) SECTioivr 4709. At the first election in such district, a board of education shall be elected, two members to serve for two years and three to serve for four years. At the proper municipal election held thereafter, their successors shall be elected for a term of four years. (R. S. Sec. 3908.) Section 4710. In villages hereafter created, a board of education shall be elected as provided in the preceding section. If such election is a special election, the mem- bers elected shall serve for the term indicated in such sec- tion from the first Monday in January after the last pre- ceding election for members of the board of education, and the board shall organize on the second Monday after the special election. (R. S. Sec. 3909.) Section 4711. Electors, residing in territory attached to a village district for school purposes, may vote for school officers and on all school questions at the proper voting place in the village to which the territory is attached. If the village is divided into precincts, the board of education of the village school district shall assign such attached ter- ritory to the adjoining precinct or precincts of the village, and have a map prepared showing such assignment, which map shall be made a part of the records of the board. Elec- tors residing in such attached territory may vote in the precinct to which they are assigned, but, if no assignment of territory is made, they shall vote in the precinct nearest their residence. An elector residing in the village but not in the village school district shall not vote in such village school district. (R. S. Sec. 3910.) 37 Board of education in village dis- tricts. Terras of members chosen at first election. Election in newly created village. Assignment of electors in attached ter- ritory for voting pur- poses. CHAPTER 4. TOWNSHIP DISTRICTS. Section 4712. Board of education in township districts. 4713. First election in township districts. 4714. Assignment of electors in attached ter- ritory for school purposes. 4715. Compensation of members of board. SUBDISTRICTS. 4716. Division of township into subdistricts. 4717. Election of school director in subdistrict. 4718. Notice of election of director. 4719. Judges of election, poll book and tally sheet. 4720. Failure to elect; procedure. 4721. Meetings of qualified electors. Section 4722. Duties of the director of subdistrict. JOINT SUBDISTRICTS. 4723. Joint subdistricts abolished. 4724. Map of attached territory. 4725. When subdistrict is part of township having centralized schools. CENTRALIZATION. 4720. Submission of ^question of centralizafion. 4727. Submission of question of decentraliza- tion. Board of edu- cation in township dis- tricts. First election in township districts. Section 4712. In township school districts, the board of education shall consist of five members elected at large at the same time township officers are elected and iti tht manner provided by law. (R. S. Sec. 3915.) Section 4713. At the first election in a township dis- trict, a board of education shall be elected, as herein pro- vided, two members to serve for two years and three to •serve for four years. At the township election held every second year thereafter, their successors shall be elected ■for a term of four years. (R. S. Sec. 3915.) Quo warranto is the proper remedy to try a title to an office. 570 O. S., 371. As to serving until successor is elected. 7 C. C, 1, 4; aff'd 29 B., 396. When judges and clerks of election fail to sign pollbooks and tallysheets, to fill up blanks in the caption, or to carry out the aggregate votes, such omissions and mistakes may be corrected upon the trial of a contest, by parol evidence, and when so corrected, the documents, sustained by the parol proof, are competent evidence of the result of the election. 16 O. S., 184. The evident intent of the law requires that when the polls are once opened, they should be kept open until the hour prescribed for finally closing; but the statute on the conduct of elections, section 5056, is said to be directory, and if so, "a departure from its strict observance will not necessarily invali- date an election, where no fraud has been practiced and no substantial right violated." 19 O. S., 25. The officers of an election board cannot, after dissolving the board and dispersing, return and perform any official act regarding such election. When they have dispersed, they cease to be officers of the election — are fundi officio. 21 O. S.. 216; 14 O. S., 315. Pollbooks duly certified and returned are prima facie evidence of the truth of their contents, but this presumption will be rebutted by proof that they are fraudulent and fictitious to such an extent as to render them wholly unreliable. 26 O. S., 549. Quo warranto will lie where no provision for a contest is made by law — as was the case in the election of school directors against the respondent, whom the board recognized, and the fact that the relator has received a cer- tificate is not conclusive. 8 Rec. 432; 4 B., 1065. A person voted for under the name of E. H. Smith, whose name is H. E. Smith, there being no such man as E. H. Smith, should have the votes counted, if the judges are satisfied that the person H. E. Smith was intended. II. W. L. M., 589. In case a candidate receiving the highest number of votes at an election is ineligible, the next highest candidate is not elected. 13 Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117. McCrary on Elections, section 184: "The safe rule probably is that where an election board are found to have wilfully and deliberately committed a fraud, even though it affect a number of votes too small to change the result, it is sufficient to destroy all confidence in their official acts, and to put the party claiming anything under the election conducted by them, to the proof of his votes, by evidence, other than the returns." See Judkins v. Hill, 50 N. H., 140; Knox Co. v. Davis, 63 111., 405; Russell v. State, 11 Kan., 308. Receiving illegal or improper votes will not alone vitiate an election. It must be shown affirmatively, in order to overturn the declared result that the wrongful action changed it. Dillon on Municipal Corporations, 261. 38 ' TOWNSHIP DISTRICTS. 39 Section 4714. Electors residing in territory attached Assignment of to a township school district for scliool purposes may vote ^Jf ached 'ter- for school officers and on all school questions at the proper ntory for voting place in the township in which such territory is at- poses. ^^^' tached. If the township is divided into different voting pre- cincts, the board of education of such district shall assign the attached territory to the adjoining precinct or precincts. If such territory is attached to more than one precinct, a' map shall be prepared, showing such assignment, which map shall be made- a part of the records of the board. Electors may vote according to such assignment, but, if no assign- ment of territory is made, they shall vote, in the precinct nearest their residence. An elector residing in the town- ship, but not in the township school district, shall not vote in such township school district. (R. S. Sec. 3916.) Section 4715. Each member of the township board compensation of education shall receive as compensation two dollars for oj bo™d^" each meeting actually attended by such member, but for not more than ten meetings in any year. The compensa- tion allowed members of the board shall be paid from the contingent fund. (R. S. Sec. 3920.) • SUBDTSTRICTS. Section 4716. The division of township school dis- Division of tricts into subdistricts as they exist shall continue and be subdfstr?cti"*° recognized for the purpose of school attendance, but the board of education may increase or diminish the num- ber or change the boundaries of the subdistricts at any regular* meeting. A map designating such changes shall be entered upon the records of the board. (R. S. Sec. 3921.) The term "sub-dis'.rict," as used in section 1 of this supplementary act of April 9, 1867 (64 v. 117), does not include the subordinate territorial divisions of separate school districts into which a city or village may be sub- divided, but applies exclusively to township or county subdistricts. 19 O. S.. 577. Section 4717. In all township districts, the schools Election of of which are not centralized or consolidated, there shall fn^guidfit'Sc?'^ be elected on the second Monday of April each year by ballot, in each subdistrict by the qualified electors thereof one competent person having the qualifications of an elector therein, who shall be styled director. (R. S. Sec. 3921a.) Section 4718. The director of each subdistrict shall jsjotice of post written or printed notices in three or more conspic- election of uous places in his subdistrict, at least six days prior to '^^*=*°'"- such election, designating the day and hour of .opening and the hour of closing the election. The election shall be held at the school house in the subdistrict. (R. S. Sec. 3921a.) Section 4719. The meeting shall be organized by the judges of eiec- appointment of a chairman and secretary, who shall act anJ'tiiTy ^°°^ as judges of the election under oath, which oath may be sheet, administered by the director of the subdistrict, or any 40 TOWXSEIP DISTRICTS. Failure to elect ; proced- ure. Meetings of qualified elec- tors. Duties of the director of subdistrict. Other person competent to administer it. The secretary shall keep a poll book and tally sheet, which shall be vsigned by the judges and delivered within eight days to the clerk of the township board of education. In case of a tie vote, the judges of the election shall decide it by lot. (R, S. Sec. 3921a.) Section 4720. If there is a failure to elect a di- rector in any .subdistrict or a director elected therein re- fuses to serve, or otherwise, the township board of edu- cation shall appoint a director for such subdistrict. (R. S. vSec. 3921a.) Section 4721. The qualified electors of the subdis- trict may hold their meetings at any time upon the call of the director or of any five electors. Five days' notice shall be given of such meetings by posting notices in five public places in the vicinity. (R. S. Sec. 3921a.) Section 4722. The director of each subdistrict shall preside at the school meetings of the district, record the proceedings thereof, and act as the organ of commnnica- tion between the inhabitants and the township board of education. He shall take charge of the school house and property belonging thereto under the general order and di- rection of the township board of education, and preserve them. When so ordered by the board, he shall make all temporary repairs of the school house, furniture and fixtures and provide the necessary fuel for the school, re- porting the cost thereof to the board of education for payment. He shall take the enumeration of his sub- district and return it to the clerk of the board of ed- ucation in the manner prescribed by law. (R. S. Sec. 3921a.) joint subdistrtcts. Joint sub- districts abolished. Map of at- tached terri- tory. Section 4723. Joint subdistricts are abolished and the territory of such districts situated in the township in which the school house of the joint district is not located shall be attached for school purposes to the township school district in which such school house is located. Such ter- ritory shall constitute a part of such township school dis- trict, and the title of all school property located therein is vested in the board of education of the township to which the territory is attached. (R. S. Sec. 3923.) Section 4724. A map of such attached territory shall be prepared under the direction of the board of education of the township district to which the territory is attached and made a part of the records of the board. A copy of such map shall be filed with the auditor of the county in which such territory is situated, or, if the territory is in two or more counties, it shall be filed with the auditor of each county. (R. S. Sec. 3923.) TOWNSHIP DISTRICTS. 41 Section 4725. When such joint subdistrict is a part ^hen joint of townships, both of which have centralized schools and •"^'^af/of no school is maintained in such subdistrict, the boundaries townships of the civil township so situated shall form the boundaries Irdizld^^"^* of the township school districts, and each township shall schools. have control of the territory of such joint subdistrict lying within its boundaries. (R. S. Sec. 3923.) centralization. Section 4726. A township board of education may submit the question of centralization, and, upon the petition of not less than one-fourth of the qualified electors of such township district, must submit such question to tlie vote of the qualified electors of such township district, at a general or special election called for that purpose. If more votes are cast in favor of centralization than against it, at such election, such board of education shall pro- ceed at once to the centralization of schools of the town- ship, and, if necessary, purchase a site or sites and erect a suitable building or buildings thereon. If, at such election, more votes are cast against the proposition of centraliza- tion than for it, the question • shall not again be submitted to the electors of such township district for a period of two years. (R. S. Sec. 3927-2, as amended May, 191 o.) Section 4727. When the schools of a township have been centralized such centralization shall not be discon- tinued within three years, and then only by petition and election, as herein required. If at such election more votes are cast against centralization than for it, the division into subdistricts as they existed prior to centralization shall thereby be re-established, at the next regular election and subdistrict directors shall be elected, as herein provided. CR. S. Sec. 3927-2.) Submission or question of csntralizatior. Submission of question of decentraliza- tion. OHAPTEE 5. SPECIAL SCHOOL DISTRICTS. Suction 4728. Special school district. 4729. How established. 4730. Bond; costs; remonstrance. 4731. Duty of probate judge on filing of pe- tition. 4732. Procedure upon hearing, _ 4733. Fees; jurisdiction exclusive. 4734. Exisiting districts shall continue; ex- ception. 4735. Officers of existing districts shall hold until successors are elected. 4736. Board of education in special districts. 4737. When a new district is created. ^ 4738. Elections in special school districts. Sejction 4739. Mass meeting to fix time for holding first election. 4740. Term of members of first board elected. ABANDONMENT OF SPECIAL DIS- TRICTS. 4741. Election on question of abandonment of special district. 4742. Where election shall be held and by whom conducted. 4743. Form of ballot; result of election. 47^4. How funds shall be apportioned in ca&e ' of abandonment. Special school district. How estab- lished. Bond; costs; remonstrance. Section 4728. A special school district may be formed of any contiguous territory, not included within the limits of a city or village, which has a total tax valuation of not less than one hundred thousand dollars. (R. S. vSec. 3928.) Section 4729. To establish a special school district, a petition, signed by not less than ten male citizens who are electors of the proposed special district, shall be filed in the office of the probate judge of the county in which such special district is situated, or, if such district is situated in two or more counties, then with the probate judge of the county having the greatest total tax valuation of such pro- posed district. Such petition shall set forth the desires of the petitioners, shall contain a description of the territory to be included in the proposed special district and be ac- companied by a statement giving the total tax valuation of such territory certified to by the county auditor or aud- itors, and an accurate map of the territory, to be included in such district, which map shall be prepared to the sat- isfaction of the probate judge. (R. S. Sec. 3928.) Section 4730. Such petition shall be accompanied by a bond of one or more of the petitioners, in the sum of one hundred dollars, with sureties to the satisfaction of the probate judge, conditioned that the parties entering into the bond shall pay all the costs of the proceedings, if a special school district is not created,' and, in such case, the probate judge shall render judgment against the par- ties to the bond for all the costs of the proceedings. If tWe petition is granted, the costs shall be taxed against the special school district thereby authorized, and be paid by the board of education thereof thereafter elected, from any funds that may come into its possession. A remon- strance signed by one or more of the male citizens who are electors of the proposed district may be filed with the probate judge and must be considered upon the hearing of the petition. (R. S. Sec. 3928.) 42 SPECIAL SCPIOOL DISTRICTS. 43 Section 4731. Upon the filing of a petition for the Duty of pro- establishment of a special school district, the probate judge sHng^of^^L^" shall fix the time for the hearing of the petition, which shall tition. be within sixty days of the filing thereof. Thereupon he shall cause to.be published for four consecutive weeks in two newspapers of opposite politics, printed and of gen- eral circulation in the county where the petition is filed, notice of the filing of the petition and the time of the hearing thereon. Such notices shall be mailed to the clerk or clerks of -the boards of education having territory in the proposed special school district. (R. S. Sec. 3929.) Section 4732. The probate judge may hear and' de- Procedure termine the question of the establishment of such special school district, and may subpoena and examine witnesses under oath. He may change the boundaries of the pro- posed special school district, shall fix and determine the amount of money due and payable to the special district from the surplus money in the treasury or in process of collection in the district or districts from which it was formed, or, in case of the indebtedness of such district or districts, he shall detremrne the amount of money due and payable by the special district to the district or districts from which it was formed. In either case, the amount so found due, shall be a valid and binding obligation upon the board of education of such district or districts. (R. S. Sec. 3929.) upon hearing. Section 4733. The fees in cases involving the es- tablishment of special school districts shall be the same as in civil cases, and the jurisdiction of the probate court in such cases shall be exclusive. (R. S. Sec. 3929.) Section 4734. Nothing herein shall abolish any ex- isting special school district, but all such districts, whether created under a general or special act, including the ter- ritory now constituting them, shall, unless changed under the provisions of this chapter, continue to be and remain special school districts, except special districts which include within their boundaries a city or village. In such case the special district shall be a city or village school district with or without territory attached or detached, as the case may be. (R. S. Sec. 3928.) Special school districts which have been created by special act of the legislature are not legally constituted school districts, and must be re-estab- lished by petition to the probate court, as provided in sections S92S-3932, R. S. "It is not within the power conferred on the general assembly by the constitution to declare that things done and created under and by virtue of unconstitutional acts of the general assembly, nevertheless 'shall continue to be and remain and be recognized as legal.' " — 73 O. S., 54. Section 4735. All officers and members of boards of education of existing special school districts, whether created by a special or general act, shall continue to hold and exercise their respective offices and powers until their successors are elected and qualified, as herein provided. (R, S. Sec. 3928.) Fees; juris- diction ex- clusive. Existing dis- tricts shall continue; exception. Officers of existing dis- tricts shall hold until succes- sors are elected. 44 SPECIAL SCHOOL DISTRTCTS. Board of edu- cation in special districts. When a new district is created. Elections in special school districts. ISIass meeti'.ig to fix time for holding first election. Term of mem- bers of first board elected. Election on question of abandonment of special district. Section 4736. The board of education of special school districts shall consist of five members, elected at large at the same time as township officers are elected and in the manner provided by law. (R. S. Sec 3930.) Section 4737. At the first township election after the creation of a special district therein, a board of education shall be elected in such district, as herein provided, two members to serve for two years and three to serve for four 3'^ears, and at the proper township election thereafter, their successors shall be elected for the term of four years. (R. S. Sec. 3930.) Section 4738. Elections of members of the board of education in special districts shall be held by the proper election officers of the township in which such districts are situated, and. if a special district is situated in two or more townships, the election shall be held by the election officers of the different townships for the electors residing in each township, respectfully, in the manner provided by law. (R. S. Sec. 3931.) Section 4739. When a special school district is creat- ed, a mass meeting of the electors of such district shall be called by the posting of notices in five public places in the district, setting forth the time and place of such meeting, and signed by at least three electors of the district. The electors assembled at such meeting shall elect a chairman and secretary and fix the time of holding the first election for members of the board of education. The time so fixed shall not be within twenty-five days of the time of holding such mass meeting. The chairman and secretary of the meeting shall immediately post notices in five public places within the district, giving the date of election, and shall notify the deputy state supervisors of elections of the county or counties of the names of the voting precincts hav- ing territory in such special school district and the probable number of electors in each precinct, in order that such depu- ty state supervisors may prepare ballots, poll books and tal- ly sheets at the time and in the manner provided by law. (R. S. Sec. 3932.) Section 4740. The board of education thus elected shall organize on the second Monday after the election, and the terms of members shall be, as hereinbefore provided, from the first Monday in January after the last preceding annual election of members of boards of education and un- til their successors are elected and qualified. (R. S. Sec. 3932.) abandonment of special districts. Section 4741. When a petition is signed by not less than one-third of the electors residing within the territory constituting a special school district, praying for the a- bandonment or continuance of such special district, is pre- sented to the board of education of such district, or when such board, by a majority vote of the full membership SPECIAL SCHOOL DISTRICTS. 45 Form of bal- lot; result of election. thereof, shall decide to submit the question of abandoning or continuing the special school district, the board shall fix the time of holding such election at a special or general election. The clerk of the board shall notify the deputy state supervisors of elections as herein provided in case of first .election, of the date of such election and the purposes thereof, and such deputy state supervisors shall provide therefor. The clerk of the board of education shall post notices thereof in five pubHc places within the district. (R. S. Sec. 3935.) Section 4742. If the question is submitted at a spec- where election ial election in a district in two or more election precincts, it shall be held shall be held at the precinct nearest the school house in such conduJted/"'" special district, by the election officers of the precinct, and all the electors of the district may vote at such precinct. If the district is situated in two or more counties, the deputy state supervisors of the county in which such nearest elec- tion precinct is situated shall have charge of the election. If the question is submitted at a regular election, it shall be conducted in the same manner as the election of members of the board of education. (R. S. Sec. 3935.) Section 4743. The ballot shall be in the regular form but without the circle at the top, and shall have printed thereon, "Abandonment of special school district, yes"; ''Abandonment of special school district, no" or "Continu- ance of special school district, yes" ; or "Continuance of special school district, no", as the case may be. The ex- pense of the election shall be paid in the same manner as other school election expenses, and the returns thereof shall be made to the board of education of the special school dis- trict. If more votes are cast for abandonment than against it, or against continuance than for it, such board shall certify the result to the board or boards of education of the town- ship or townships having territory in the special district, and the territory of the special district shall thereby revert to the township school district or districts from which it was origi- nally taken, except as hereinafter provided in case of in- debtedness of the special district. Otherwise such district shall continue to be and remain a legal special school district as theretofore constituted. (R. S. Sec. 3935.) Section 4744. The legal title of the property of a special school district in case of abandonment or failure to continue shall become vested in the board or boards of education of the township or townships in which such property is situated. The school funds of such special dis- trict shall be paid into the treasury of the township dis- trict, and if such special district is in two or more town- ships, such funds shall be divided between them in propor- tion to the total tax valuation of property in the several districts. The abandonment of a special school district shall not be complete until the board of education of the district has provided for the payment of any indebtedness that may exist. (R. S. Sec. 3935.) IIow funds shall be ap- portioned in case of abandonment. CHAPTER 5. BOARDS OF EDUCATION. Section 4746. When terms of members shall begin. 4746. Oath of members of board and other officers. 4747. Organization of the board. 4748. Vacancies in board, how filled. 4749. Corporate powers of board of education. 4750. Board may make rules; legal meetings. 4751. Special meeting of the board. 4752. Quorum; yeas and nays in certain cases. 4763. Absence of president or clerk. 4754. Record of proceedings and attestation* thereof. Section 4755. Boards may accept bequests. 4756. How real property may be sold. 4757. Conveyance and. contracts. 4758. Exchange of real estate. 4759. School property exempt from taxation. 4760. Processes against boards, how served. 4761. Prosecuting attorney or city solicitor to be counsel of school board. 4762. When other officers may act; restric- tions. When terms of members shall begin. Oath of mem- bers of board and other officers. Section 4745. The terms of office of members of each board of education shall begin on the first Monday in Janu- ary after their elec.tion, and each such officer shall hold his office four years and until his successor is elected and quali- fied. (97 V. 40 § 2.) If a school district should fail to elect members of the board of educa- tion at a regular election, the members whose successors should have been chosen, continue to hold office until their successors are elected and qualified. Attorney General. Section 4746. Before entering upon the duties of his office, each person elected or appointed a member of a board of education or elected or appointed to any other office under this title shall take an oath to support the con- stitution of the United States and the constitution of this state and that he will perform faithfully the duti-es of his office. Such oath may be administered by the clerk or any member of the board. (R. S. Sec. 3979.) Section 5032. The names of candidates for members of the board of education of a school district, however nominated, shall be placed on one independent and separate ballot without any designation whatever, except for member of board of education and the number of members to he elected. (98 v. 116 § 1.) Section 5033. The ballots for members of the board of edu- cation shall be prepared and printed as follows: The whole number of ballots to be printed for the school district shall be divided by the number of candidates for member of board of education of the district, and the quotient so obtained shall be the number of ballots in each. series of ballots to be printed. The names of candidates shall be arranged in alphabetical order and the first series of ballots printed. Then the first name shall be placed last and the next series printed, and so shall the process be repeated until each name shall have been first. These ballots shall then be combined in tablets with no two of the same order of names together, except when there is but one candidate. (98 V. 116 § 2.) School dis- Section 5034. In city school districts, the ballots for each tricts in cities, subdistrict shall contain the names of the candidates for member of the board of education from such subdistrict and also the names of the candidates to be elected at large. (97 v. 354 § 1.) When the legislature has fixed by law the time for holding an election of officers, an election at any other time, unless provided for by law, is unauthorized and void. 20 O. S., 167. When candidates for different terms are running for the office of mem- 46 Ballots for school board. How ballot for school board printed. BOARDS OF EDUCATION. 47 ber of the board of education, the term each is to serve should be desig- nated on the ballots and such designation cannot be disregarded by the judges of election. 20 O. S., 336. A person so elected may appear before any person authorized by law to administer an oath, and may take his oath of office. This should be done in case the member-elect is, for any reason, unable to attend the meeting for organization. The certificate of the officer administering the oath should be sent to the board and copied in the records, to obviate all questions. For the same reason, a record should be made of the oath administered to each member. Officers who have sworn to perform official duties may be compelled to perform them by writ of mandamus. This writ issues from the supreme, circuit or common pleas court. Section 12284 of the General Code. They also may be restrained from doing illegal acts under color ot authority as officers by writ of injunction. This writ issues from the supreme, circuit or common pleas court, or a judge thereof; or from the probate court, in case none of the above named judges are in the county. Section 11877, General Code. But to boards of education is left large discretion as to the manner of performing their official duties, and courts will not interfere with this discretion. 23 O. S., 211. Officers required by law to exercise their judgments, are not answerable for mistakes of law or mere errors of judgment, where there is neither fraud nor malice. Jenkins v. Waldron, 11 Johnson's Rep., 114. An officer acting within the scope of his authority is only responsible for an injury resulting from a corrupt motive. 17 Ohio, 402. A public officer who is required by law to act in certain cases, accord- ing to his judgment or opinion, and subject to penalties for his neglect, is not liable to a party for an omission arising from a mistake or want of skill, if acting in good faith. Seamen v. Patten, 2d Cain's Rep., 312. But an officer entrusted by the common law or by statute is liable to an action for negligence in the performance of his trust or for fratui or neg- lect in the execution of his office. Jenner v. Joliffe 9 John, Rep., 381. The performance of any act prohibited by statute, or any wilful neglect of duty, and for which no penalty is provided by enactment, is a misdemeanor. For the number of votes necessary in the election of officers of the board, see section 4752. President and clerk of township boards to attend December meeting ot township trustees; Sec. 3273. Inspection of school funds in case of non-attendance of president an 1 clerk as required by Sec. 3273; see Sec. 3315. Section 4747. The board of education of each school organization district shall organize on the first Monday of January after ^^ t^e board, the election of members of such board. One member of the board shall be elected president, one as vice president and in township school districts the clerk of the township shall "be clerk of the board. The president and vice presi- dent shall serve for a term of one year and the clerk for a term not to exceed two. )^ears. In all other districts a per- son who may or may not be a member of the board shall be elected clerk. The board shall fix the time of holding its regular meetings, (As amended April 28, 1910.) President of board of education is an officer within the meaning of sec- tion 8, G. C, and holds over until successor qualifies. State v. Withrow, 31 O. C, 215 (11 N. S., 569.) Section 4748. A vacancy in any board of education vacancies in may be caused by death, non-residence, resignation, re- l?f^^' ^°^ riioval from office, failure of a person elected or appointed to qualify within ten days after the organization of the board or of his appointment, removal from the district or absence from meetings of the board for a period of ninety days, if such absence is caused by reasons declared insuffi- cient by a two-thirds vote of the remaining members of the board, which vote must be taken and entered upon the re- cords of the board not less than thirty days after such ab- sence. Any such vacancy shall be filled by the board at its next regular or special meeting, or as soon thereafter as possible, by election for the unexpired term. A majori- ty vote of all the remaining members of the board may fill any such vacancy. (R. S. Sec. 3981.) 48 r.OARDS OF EDUCATION. Corporate powers of board of education. Board may make rules; local meet- ings. Section 4749. The board of education of each school district, organized under the provisions of this title, shall be a body politic and corporate, and, as such, capable of suing and being sued, contracting and being contracted with, acquiring, holding, possessing and disposing of real and personal property, and taking and holding in trust for the use and benefit of such district any grant or devise of land and any donation or bequest of money or other per- sonal property and of exercising such other powers and privileges as are conferred by this title and the laws relat- ing to the public schools of this state. (R. S. Sec. 3971.) For "an act to authorize certain boards of education to sell real estate at private sale to municipal corporations," see 81 v. 93. P'or "an act to authorize the use of school houses for literary entertain- ments, school exhibitions, singing schools, and religious exercises," see Sec. 7622. A board of education is not liabl°, in its corporate capacity, for damages for an injury resulting to a pupil while attending a common school, from its negligence in the discharge of its official duty in the erection and mainte- nance of a common school building under its charge, in the absence of a statute creating a liability. 30 O. S., 37. A dedication for school purposes is for a sprcific use, and confers no power of alienation so ss to extinguish the use. 18 O. S., 221. Boards of education are invested with the title to the property of their respective districts in trust for the use of public schools; and a lease of a public school house for the purpose of having a private or select school taught therein, for a term of weeks, is in violation of the trust; and such use may be restrained at the suit of a resident taxpayer of the district. £5 O. S., 143. Where land was conveyed to a township board of education, its succes- sors and assigns, for the use of school purposes onlv, and the board after- ward sold the land at public outcry to C. ; Held, that the sale was not in violation of the terms of the grant. 37 O. S., 262. The board of education being a legal, entity empowered to sue has capacity to sue its defaulting treasurer without resorting to his bond. 51 O. S., 115. An officer acting within the scope of his authority is only responsible for an injury resulting from a corrupt motive. 17 O., 402. A board of education is not subject to quo warranto, since it cannot be ousted; it is not such a corporation as R. S., Sec. 6761 contemplates, but a state agency. 7 C. C, 152. Corporations must take and grant by their corporate names. 2 Kent., 11 Ed., 351. Section 4750. The board of education shall make such rules and regulations as it deems necessary for its government and the government of its employes and the pu- pils of the schools. No meeting of a board of education, not provided for by its rules or by law, shall be legal unless all the members thereof have been notified, as provided in the next section. (R. S. Sec. 3985.) Board can not authorize clerk to become custodian of tuition funds under this section. 74 O. S., 80. See State ex rel. v. Wickham under section 7684. As the act authorizing the board to make rules does not provide how they shall be enforced, the board has discretionary power over the subject. A rule that a pupil not prepared with a rhetorical exercise should be suspended unless excused for cause is reasonable. Neither the board nor the teacher suspending a pupil under such rule is liable for damages. 29 O. S., 89. The rules must not be inconsistent with Sec. 3982 R. S., 52 O. S., 138, 149. If a deliberative body adopts rules, but no rule for suspending a rule, a suspension cannot be by a bare majority, for the rule would then have no force as a rule. 2 C. C, 510, 517. Corporal punishment may be inflicted if such are the rules of the school, and an unknown predisposition to certain diseases will not make an otherwise proper punishment tortuous. 4 B., 81. A reporter is on the floor of a school board as a privilege and not as a right, a gallery being provided for the rest of the public, and the board may expel him. 9 B., 242. SCHOOL DISCIPLINE. The conduct of the pupils upon any part of the premises connected with the school house or in the immediate vicinity of the same (the pupils being thus virtually under the care of the teacher), whether within the regular school hours or before or after them, is properly cognizable by the teacher. .\nd any disturbance made by them within range injuriously affecting in any way the interests of the school, may clearly be the subject of re- proof and correction by the teacher. Barden. School Law, p. 79. BOARDS OF EDUCATION. 49 The right of a schoolmaster to correct his scholars has always been practically and judicially sanctioned, but the chastisement must not exceed the limits of moderate correction; and though courts are bound, with a view to the maintenance of necessary order and decorum in schools, to look with all reasonable indulgence upon the exercise of this right, yet, whenever the correction shall appear to have been clearly excessive and cruel, it must be adjudged illegal. 10 Vt., 108. The parent may be said to exercise a judicial authority in determining what punishment by himself, is proper for his child, but is liable, criminally, in a clear case of excess. Johnson v. State, 2 Hump, 283. The teacher also acts judicially in such a case, and is not to be made liable, civilly or crim- inally, unless he acted with express malice, or was guilty of such excess that malice must be implied. 2 Dev. and Bat., 365; 4 Ind. R., 290. ^ Whether under the facts the punishment is excessive, must be left to the jury to decide. ' Commonwealth of Massachusetts v. Randall, 4 Gray, 38. If the effects of acts done out of school houses reach within the school- room during school hours, and are detrimental to good order and the best interests of the pupils, it is evident tht such acts may be forbidden. 31 ^ la., 562. Though a schoolmaster has, in general, no right to punish a pupil for misconduct committed after the dismissal of school for the day and the rtturn of the pupil to his home, yet he may on the pupil's return to school, punish him for any misbehavior, though committed out of school, which has a direct or immediate tendency to injure the school and to subvert the master's authority. 32 Vt. 114. While the decisions in Ohio are very limited on this subject, it seems to be the consensus of opinion throughout the different states that the teach- er's authority over a pupil extends to all actions taking place in the imme- diate vicinity of the school; that on the pupil's way to and from' school the authority of the parent and teacher is concurrent, the parent taking precedent when both are present, and that the teacher can call a pupil to account for misconduct, committed at any time, tending to impair the use- fulness of the school or to subvert the teacher's authority. A court may review the action of a board and pass upon the reasonable- ness of any of its rules, but if they have erred, while discharging their duty in good faith, they are not liable to action therefor. 32 Vermont, 224. The act of the board of education and the teachers, in matters of or- ganizing, grading, and governing the school, will be conclusive, unless the power is abused or perverted under some apparently reasonable pretense. 23 Pick., 224; 2 Cushing, 198. "A teacher, in the exercise of the power of corporal punishment, must not make such power a pretext for cruelty and oppression; but the cause must be sufficient, the instrument suitable, and the manner and extent of the correction, the part of the person to which it is applied, and the temper in which it is inflicted, should be distinguished with the kindness, prudence, and propriety which become the station." Cooper v. McJunkin, 4 Ind., 290. A schoolmaster is not relieved from liability in damages for the pun- ishment of a scholar which is clearly excessive and unnecessary, by the fact that he acted in good faith and without malice honestly thinking that the * punishment was necessary, both for the discipline of the school and the welfare of the scholar. If there is any reasonable doubt whether the punishment was excessive, the teacher should have the benefit of the doubt. Lander v. Seaver, 32 Vt. R., 123; Wharton's American Crim. Law, 1259, and 1 Sanders on PI. Ev., 144. In the case of Martin Quinn v. Mary D. Nolan, a suit tried in the superior court of Cincinnati, Judge Harmon, in charging the jury, used the following language: "If the jury should find the defendent did not, in view of all the cir- cumstances, inflict a greater degree of punishment upon the plaintiff's son than she was fairly entitled to do, and was proper, of course they must find for defendant. But, ff they should find she did go beyond that, then it would be necessary to go further and inquire into the damages that should be allowed. The law holds a person responsible only for the natural and ordinary consequences of his acts, these consequences which the law pre- sumes he might or should have foreseen at the time he committed the act. Therefore, it might make a difference in the amount of their finding if it should appear that the child was afflicted with or predisposed to certain diseases, and the defendant had no notice thereof from his parents, the boy biraself, his appearance, or otherwise. If the defendant, from the knowledge she had of the boy and his appearance, would be justified in supposing him to be like other boys of his age, and inflicted only a proper punishment, then she would not be liable at all, even though unfortunately some hidden defect in the boy's constitution should cause injury to his health to follow. Or, if they should find for the plaintiff, this fact of ignorance on her part would prevent her from being liable for any consequence arising from such weak- ness or predisposition in the boy, of which she was ignorant in fact, and of which his appearance furnished no warning. It is the duty of parents who send their children to school, whose health or disposition would render the punishment permitted by the rules of the school dangerous or improper, to see the teacher is informed of the fact." Section 4751. A special meeting of a board of educa- special meet- tion may be called by the president or clerk thereof or by ing of the any two members, by serving a written notice of the time ^^^'^^^ 4 p. T.. 40 50 BOARDS OF EDUCATIOX, yuorum; yeas and nays in certain cases. Absence of president or clerk. Record of proceedings ,and attesta- tion thereof. and place of such meeting upon each member of the board either personally or at his residence or usual place of busi- ness. Such notice must be signed by the official or mem- bers calling the meeting. (R. S. Sec. 3978.) Section 4752. A majority of the members of a board of education shall constitute a quorum for the trans- action of business. Upon a motion to adopt a resolution authorizing the purchase or sale of real or personal proper- ty or to employ a superintendent or teacher, janitor or other employe or to elect or appoint an officer or to pay any debt or claim or to adopt any text book, the clerk of the board shall publicly call the roll of the members composing the board and enter on the record the names of those voting "Aye'' and the names of those voting "No". If a majori- ty of all the members of the board vote aye, the president shall declare the motiont carried. Upon any motion or resolution, a member of the board may demand the yeas and nays, and thereupon the clerk shall call the roll and re- cord the names of those^ voting "Aye" and those voting "No", Each board may provide for the payment of su- perintendents, teachers and other employes by pay-roll, if it deems advisable, but in all cases such roll call and record shall be complied with. (R. S. Sec. 3982.) Records of quasi corporations are not considered of that absolute verity that parol testimony is inadmissible to show facts upon which the record is silent. 5 0., 136. An agreement by members of a township board of education, acting in their individual capacity, to purchase from another person appar^us for the schools of the township, and to ratify such contract of purchase at the next meeting of tlie board, is contrary to public policy, and therefore illegal and void, and not enforceable either against the board or the members thereof as individuals. 29 O. S., 419. The order of the clerk on the treasurer is not negotiable, and the written acceptance of an order by a treasurer who has gone out of office imposes no greater obligation on the treasurer to pay than if it had been presented without such endorsement. 22 O. S., 144. Calling the roll and entering the "ayes" and "noes" is mandatory else the election is void. 52 O. S., 138. Where the minutes show the aye and nay vote and how each member voted but does not state expressly that the roll was called, this is sufficient compliance with this section. 13 C. C, 207. An election to fill a vacancy on the board is not an election of an officer and would not come under the provisions of this section. In case a board should really lose half or more of its members, the county commissioners must keep up the schools. As they may do all that a board could do, they may appoint a new board, or members enough to pro- ceed with the appointment to the completion of a new board; see Sec. 7610. In all cases except those which are declared to require a majority of all the members composing the board, a majority of a quorum is sufficient to pass a measure, and the roll need not be called unless demanded by a member of the board. No member of a board can delegate his power to act to another person, either a member of the board or otherwise. It is said that this is sometimes done. But acts depending on such delegated votes are void. For heavy penalty attached to such assumption of official duty, see Revised Statutes, Sec. 6913. Section 4753. If the president or clerk is absent at any meeting of the board of education, the members pres- ent shall choose one of their number to serve in his place pro tempore. If both the president and clerk are absent, both places shall be filled. On the appearance of either at the meeting after his place has been so filled, he shall immedi- ately assume the duties of his office. (R. S. Sec. 3983,) Section 4754- The clerk of the board of education shall record the proceedings of each meeting in a book to be provided by the board for that purpose, which shall BOARDS OF EDUCATION. 5I: be a public record. The record of proceedings at each meeting of the board shall be read at its next succeeding meeting, corrected, if necessary, and approved, which ap- proval shall be noted in the proceedings. After such ap- proval, the president shall sign the record and the clerk at- test it. (R. S. Sec. 3984.) A board of education can speak only through its records, and these must accordingly be complete, showing just what the board did, and no more. A motion made by a member, seconded by another member, stated bj' the president, ^nd voted on by the board, is business, and is to be rtcorded, though not a single m:mber voted for it. Any vote upon it, as to refer, to postpone, or to lay upon the table, is action, and should be recorded. If the board adjourn . pending the consideration of the motion, the motion should be recorded. If the mover withdraws the motion, by consent of the board, by general consent it may also be omitted from the rocords. The records of a special meeting should state by whom the meeting was ^ called, as the legality of the proceedings d'^pends upon the legality of the call. If a record is inadequately entered, parol evidence may, it seems, be admitted to show that action was taken which is not found on the records ^ at all. The commissioner of schools of Rhode Island decided, under instruc- tion of Judge Brayton, of the supreme court, that "imperfections in a clerk's record of a resoluiion do not render invalid a tax properly voted." Yet all these iniperfcclions in the record lead to trouble — some litigation, often to questions which only courts of law can decide, and in which their decision may be such as to defeat what was attempted to be done in the case. The power to am'-nd the records exists with the clerk while he is in office, but not after his term expires, nor for any purpose other than to make them truthful and complete as to fact. 11- Mass., 477; 17 Maine, 444. Records of quasi corporations are not considered of that absolute verity that parol testimony is inadmissible to show facts upon which the record is silent. 5 Ohio, 136. Recording of vote in certain cases; see Sec. 4752. Where a board at a regularly called meeting, makes a contract with a qualified teacher, but no record is made of the proceedings, the teacher may prove, if he can do so by competent parol testimony, such official action of said board. 3 C. C, 517. Section 4755. By the adoption of a resolution, a Boards may- board of education may accept any bequest made to it by ^';^^Sl ^^' will or may accept any gift or endowment from any per- son or corporation upon the conditions and stipulations contained in the will or connected with the gift or endow- ment. For the purpose of enabling the board to carry out the conditions and limitations upon which a bequest, gift ' or endowment is made, it may make all rules and regula- tions required to fully carry them into effect. No such be- quest, gift or endowment shall be accepted by the board if the conditions thereof shall remove any portion of the pub- lic schools from the control of such board. (R. S. Sec. 3975-) Section 4756. When a board of eUication decides to jjow real dispose of real or personal property, held by it in its corpo- property may^ rate capacity, exceeding in value three hundred dollars, it ^^ ^°^^' shall sell such property at pubic auction after giving at least thirty days^ notice thereof by publication in a newspaper of general circulation or by posting notices thereof in five of the most public places in the district in whch such prop- erty .is situated. When the board has twice so offered a tract of real estate for sale at public auction and it is not sold, the board may sell it at private sale, either as an en- tire tract or in parcels, as the board deems best. The presi- dent and secretary of the board shall execute and deliver deeds necessary to complete such sale. (R. S. Sec. 3971.) Section 4757. Conveyances made by a board of Conveyance education shall be executed by the president and clerk ^""^ contracts.. 52 BOARDS OF EDUCATION. Member of board of edu- cation accept- ing compen- sation. Officer or agent inter- ested in contracts. Same as to other con- tracts. Emplyoing relative as teacher. Exchange of real estate. School prop- erty exempt from taxa- tion. thereof. No member of the board shall have directly or indirectly any pecuniary interest in any contract of the board or be employed in any manner for compensation by the board of which he is a member except as clerk or treas- urer. No contract shall be binding upon any board unless it is made or authorized at a regular or special meeting of such board. (R. S. Sec. 3974.) Section 12883. Whoever, being a member of a board of education, accepts or receives for his services as such member any compensation except as clerk or treasurer of such board or as otherwise provided by law, shall be imprisoned in the penitentiary not less than one year nor more than twenty-one years and fined double the amount of money or other property so accepted or received. (R. S. Sec. 6975.) Section 12910. Whoever, holding an office of trust or profit by election or appointment, or as agent, servant or employe of such officer or of a board of such officers, is interested in a contract for the purchase of property, supplies or fire insurance for the use of the county, township, city, village, board of education or a public institution with which he is concerned, shall be imprisoned in the penitentiary not less than one year nor more than ten years. (R. S. Sec. 6969.) Section 12911. Whoever, holding an office of trust or profit, by election or appointment, or as agent, servant or employe of such officer or of a board of such officers, is interested in a con- tract for the purchase of property, supplies or fire insurance for the use of the county, township, city, village, board of educa- tion or a public institution with which he is not connected, and the amount of such contract exceeds the sum of fifty dollars, unless such contract is let on bids duly advertised as provided by law, shall be imprisoned in the penitentiary not less than one year nor more than ten years. (R. S. Sec. 6969.) Section 12932. Whoever, being a local director or member of a board of education, votes for or participates in the making of a contract with a person as a teacher or instructor in a public school to whom he or she is related as father or brother, mother or sister, or acts in a matter in which he or she is pecuniarily interested, shall be fined not less than twenty five dollars nor more than -five hundred dollars or imprisoned not more than six months, or both. (R. S. Sec. 6975a.) Section 4758. Upon a vote of a majority of the members of a board of education and a concurring vote of the council of a municipal corporation, declaring that an exchange of real estate held by such board for school pur- poses for real estate held by such mimicipal corporation for municipal purposes wall be mutually beneficial to such school district and municipal corporation, such exchange may be made by conveyances, executed by the mayor and clerk of the corporation and by the president and clerk of the board of education, respectively. (R. S. Sec. 3971.) Section 4759. Real or personal property vested in any board of education shall be exempt from taxation and from sale on execution or other writ or order in the nature of an execution. (R. S. Sec. 3973.) Non-taxation of school property; Sec. 5349. Provisions relating to taxation of school, ministerial, and other lands; Sec. 6330. School property is not liable to assessment for street improvement; nor ■can a judgment be rendered against the board of education for the payment of the assessment out of its contingent fund. 48 O. S., 83. Sidewalk — School property not assessable for. 48 O. S., 87. Property purchased by a board of education, and upon which there is a mortgage lien, may be sold on foreclosure. 39 B., 76; Aff'd by Supreme Court. BOARDS OF EDUCATION. 53 Section 4760. Process in all suits against a board of Processes education shall be by summons which shall be served by how^ferved^*^^' leaving a copy thereof with the clerk or president of the board. (R. S. Sec. 3976.) Section 4761. Except in city school districts, the prosecuting attorney of the county shall be the legal adviser of all boards of education of the county in which he is serving. He shall prosecute all actions against a member or officer of a board of education for malfeasance or mis- feasance in office, and he shall be the legal counsel of such boards or the officers thereof in all civil actions brought by or against them and shall conduct such actions in his official capacity. . When such civil action is between two or more boards of education in the same county, the prosecuting at- torney shall not be required to act for either of them. In city school districts, the city solicitor shall be the legal ad- viser and attorney for the board of education thereof, and shall perform the same services for such board as herein required of the prosecuting attorney for other boards of education of the county. (R. S. Sec. 3977.) It has been held by attorneys for the state that, since a board of edu- cation by the provisions of section 4749 is a body politic and corporate, and is vested with the power of suing and being sued, it is authorized, by implica- tion, to employ legal counsel to assist the prosecutor in any case in which the board is plaintiff or defendant. Section 4762, The duties prescribed by the preced- ing section shall devolve upon any official serving in a ca- pacity similar to that of prosecuting attorney or city solici- tor for the territory wherein a school district is situated, re- gardless of his official designation. No prosecuting at- torney, city solicitor or other official acting in a similar ca- pacity shall be a member of the bord of education. No compensation in addition to such officer's regular salary shall be allowed for such services. (R. S. Sec. 3977.) Prosecuting attorney or city solicitor to be counsel of school board. When other officers may act; restric- tions. CHAPTER 7. TREASURER AND CLERK. -Section 4763. Treasurer of school funds. 4764. Bond of treasurer. 4765. Additional sureties or new bond. 4766. Filing and approval of bond. 4767. Counting of funds. 4768. When treasurer may receive or pay money. 4769. Maximum amount of funds which treas- urer may hold. 4770. Annual settlement by treasurer with county auditor. 4771. Compensation for making settlement. 4772. Penalty for failure to make settlement. 4773. Treasurer to deliver funds to successor. 4774. Bond of clerk. Section 4775. Annual statistical report of board of expenditures by clerk. 4776. Publication of statement of receipts and expenditures. 4777. Clerk to deliver books, etc., to successor. 477S. How treasurer and clerk to keep ac- counts. 4779. Clerk's account. 4780. Treasurer's account. 4781. Compensation of treasurer and clerk. 4782. When treasurer of school moneys may be dispensed with. 4783. When clerk shall perform the duties of treasurer. 4784. Provisions when depository ceases to act. Treasurer of school funds. Bond of treasurer. Additional sureties or new bond. Section 4763. In each city, village and township school district, the treasurer of the city, village and town- ship funds, respectively, shall be the treasurer of the school funds. In each special district the board of education shall choose its own treasurer, whose term of office shall be for one year beginning on the first day of September. (R, S. Sec. 4042.) The relations between the board of education and the treasurer are such that one person can not be a member of the board and at the same time act as its treasurer. In passing upon the sufficiency of the treasurer's bond, if he be a member of the board, his own vote may determine the action of the board in reference to said bond. Sec. 19. The state, any county, township, municipal corporation, or school board, shall not_ be precluded by the illegal loan or deposit by any officer or agent of public money, funds, property, bonds, securities, or assets, belonging to it, from suing for and recovering the same; and such suit shall not be held to be an adoption or satisfaction of such illegal transaction. Embezzlement of school funds, penalty; see sections 12873, 12878. What is prima facie evidence of embezzlement by imblic officers; see Sec. 13674. Township trustees have no authority to release a treasurer from his liability for any portion of the school fund belonging to the township. 13 O., 495. Section 4764. Before entering upon the duties of his office, each school district treasurer shall execute a bond, with sufficient sureties, in a sum not less than the amount of school funds that may come into his hands, payable to the state, approved by the board of education, and conditioned for the faithful disbursment according to law of all funds wdiich come into his hands, provided that when school moneys have been deposited under the provisions of sec- tions 7604-7608 inclusive, the bond shall be in such amount as the board of education may require. (As amended May 10, 19 10.) Section 4765. Thereafter such treasurer may be re- quired to give additional sureties on his accepted bond, or to execute a new bond with sufficient sureties to the approv- al of the board of education when such board deems it necessary. If he fails for ten days after service of notice in writing of such requisition, to give such bond or ad- ditional sureties, as so required, the office shall be declared vacant and filled as in other cases. (R. S. Sec. 4043.) 54 TREASURER AND CLERK. 55 Section 4766. Each such bond, when so executed and approved, shall be filed with the clerk of the board of education of the district, and recorded. He shall cause a certified copy thereof or the names of additional sureties, to be filed with the county auditor without delay. (R. S. Sec. 4043-) Section 4767. Such board at the time of the approval of any bond or sureties, shall require the treasurer of the school funds to produce all money, bonds or other sucuri- ties in his hands as such treasurer, and they then must be counted by the board or a committee thereof, in the pres- ence of its clerk, who thereupon shall enter upon the re- cords of. the board, a certificate, setting forth the exact a- mount of money or securities so found in the hands of such treasurer. Such record shall be signed by the president and clerk of the board and be prima facie evidence that the amount therein stated was actually in the treasury at that date. (R. S. Sec. 4043.) Section 4768. No treasurer of a school district shall pay out any school money except on an order signed by the president or vice-president, and countersigned by the clerk of the board of education, and when such school moneys have been deposited as provided by sections 7604- 7608 inclusive, no money shall be withdrawn from any such depository, except upon an order signed by the treasur- er and by the president or vice president and countersigned by the clerk of the board of education ; and on money shall be paid to the treasurer of the district other than that re- ceived from the county treasurer, except upon the order of the clerk of the board, who shall report the amount of such miscellaneous receipts to the county auditor each year im- mediately preceding such treasurer's settlement with the auditor. (As amended May 10, 1910.) A board of education has capacity to sue its treasurer for money re- ceived and not accounted for. The remedy is not limited to an action on the bond, but may be for money had and received. 51 O. S., 115. The treasurer should not pay an order for what he believes to be an illegal object, until he can consult with other members of the board, and have the question fully investigated. A man of discretion is supposed to be chosen to this, as to other offices, that the chances for discovering errors and fraud may be multiplied. Section 4769. The clerk of a board of education or the county auditor shall pay no money into the hands of the treasurer of a school district in excess of the amount of his bond. Should any such clerk or auditor violate this provision, he and his bondsmen shall be liable for any loss occasioned thereby. But where depositories for school funds have been created under the provisions of sections 76o_{-76oS inclusive, all school moneys shall be paid directly into such depository or depositories by the auditor upon the written order of the board of education signed by the presi- dent or vice president and countersigned by the clerk. In case the school funds have been deposited under the pro- visions of sections 7604-7608 inclusive, the limitation of payment herein contained shall not apply. Before giving Filing and ap- proval of bond. Counting of funds. When treas- urer may re- ceive or pay money. Maximum amount of funds which treasurer may hold. 56 . TREASURER AND CLERK. such treasurer a warrant or order for school funds, the auditor may require the treasurer to file with him a state- ment showing the amount of such funds in his possession, signed by the clerk of the board of education, (R. S. Sec. 4048.) . Annual settle- SECTION 4770 Within the first ten days of Septem- ur«-* wfth '^^^^ ber, each year, the treasurer shall settle with the county county auditor, auditor for the preceding school year, and for that purpose he shall make a certified statement showing the amount of money received, from whom, and on what account, the a- mount paid out, and for what purpose. He shall produce vouchers for all payments made. If the auditor, on exami- nation, finds the statement and vouchers to be correct, he shall give the treasurer a certificate of the fact, which shall prima facie be a discharge of the treasurer for the money paid. When the treasurer's term begins on the first day of September, the annual settlement shall be made by the outgoing treasurer. (R. S. Sec. 4044.) If it is evident to the county auditor that the school moneys have been illegally paid out, as they would if paid to any member of a board of education on any contract with such board, or as an employee thereof, it is his duty to refuse the treasurer credit for the same. If moneys have been paid from the wrong fund, as from the school fund, when the law says it must be township fund, the auditor must not allow credit to such orders. He should insist on their correction by the board, or correct them himself by proper debit and credit. No voucher should be received by the auditor which he has reason to believe a court of law would reject. No paper is a voucher for the payment of money to A, which has not A's receipt on it, or accom- panying it. An order properly made out, but merely marked "paid" by the treasurer, is not a receipt. Compensation SECTION 477 1. For making such settlement, the setd^ent* treasurer shall be entitled to receive the sum of one dollar, and also five cents per mile for traveling to and from the county seat, to be paid from the county treasury, on the order of the county auditor. (R. S. Sec. 4044.) Penalty for SECTION 4772. If the treasurer of any school district sett?ement.™^ *^ willfully or negligently fails to make such annual settle- ment within the time so prescribed, he shall forfeit and pay fifty dollars, to be recovered in a civil action in the name of the state, which amount, when collected, shall be paid into the county treasury and applied to the use of the common schools in his district. In case of such failure, the county auditor shall proceed forthwith to recover the for- feiture by suit against the treasurer before a justice of the peace of the county. (R. S. Sec. 4045.) Section 4773. At the expiration of his term of ser- deiiter funds vice, cach treasurer shall deliver to his successor in office, to successor. ^|j j^qqI^j^ papers, money, and other property in his hands belonging to the district, and take duplicate receipts of his successor therefor. One of these he shall deposit with the clerk of the board of education within three days there- after. (R. S. Sec. 4049.) Penalty for failure or refusal to pay over public money; see Section 13674. Section 4774. Before entering upon the duties of his office, the clerk of each board of education shall execute a Bond of clerk. TREASURER AND CLERK. 57 bon^ in an amount and with surety to be approved by the board, payable to the state, conditioned for the faithful performance of all the official duties required of him. Such bond must be deposited with the president of the board, and a copy thereof, certified by him, shall be filed with the county auditor. (R. S. Sec. 4050.) •Township clerk is authorized to administer oaths connected with school affairs; see Sec. 3303. Board can not authorize clerk to become custodian of tuition funds. 74 O. S., 80. Duties and powers of clerk, 170 D. N. P., 108; 29 O. C. C, 32 (N. S. 120). Section 4775. The clerk of each board of education shall prepare the annual report of the receipts and expendi- tures of school money and the statistical statement in refer- ence to the schools, required by law to be made by the board, and transmit it to the county auditor on or before the first day of September. But in each school district having a superintendent of schools, such report, except the receipts and expenditures of money, shall be made by the superintendent. (R. S. Sec. 4052.) Penalty for not making report; see Sec. 7790. The board of education should see that the reports required by this section are filed before allowing compensation to the clerk for his services. Section 4776. Except city districts, the board of education of each district shall require the clerk of the board annually, ten days prior to the election, to prepare and post at the place or places of holding such elections, or publish in some newspaper of general circulation in the district, an itemized statement of all money received and disbursed by the treasurer of the board, within the school year next preceding. (R. S. Sec. 4053.) Section 4777. At the expiration of his term of office, each, clerk shall deliver to his successor all books and papers in his hands relating to the affairs of his district, including certificates, and copies thereof, and reports of school statis- tics, filed by teachers. (R. S. Sec. 4054.) Section 4778. The auditor of each county shall fur- nish to the clerk and treasurer of each school district in his county a suitable blank book, made according to the form prescribed by the bureau of inspection and supervision of public offices, in which each must keep an account of the school funds of his district. (R. S. Sec 4055.) Section 4779. The clerk's account shall show the a- mounts certified by the county auditor to be due the district, all sums paid to the treasurer from other sources on his order, and all orders drawn by him on the treasurer, upon- what funds and for what purposes drawn. (R. S. Sec. 4055.) Section 4780. The treasurer's accounts shall show the amounts received from the county treasurer, all sums received from other sources on the order of the clerk, the amounts paid out, and from what funds and for what pur- poses paid. A separate account of each fund must be kept, and each account balanced at the close of the school year, Annual statis- tical report of board of edu- cation. Publication of statement of receipts and expendi- tures by clerk. Clerk to de- liver goods, etc. to successor. How treasurer and clerk to keep accounts. Clerk's ac- count. Treasurer's account. 58 TREASURER AND CLERK. Embezzlement by municipal and school officers. Cotapensation of treasurer and clerk. JWhen treas- urer of school moneys may be dispensed with. When clerk shall perform the duties of treasurer. Provisions when deposi- tory ceases to act. and the balance in the treasurer's hands belonging to each fund shown. (R. S. Sec. 4055.) Section 12878. Whoever, being a member of the council of a municipal corporation, or an officer, agent, clerk or servant of such corporation, or board or department thereof, or an officer, clerk or servant of a board of education, knowingly diverts, ap- propriates or applies funds, or a part of a fund raised by taxa- tion or otherwise, to any use or purnose other than that for which it was raised or appropriated, or knowingly diverts, appropriates or applies money borrowed, or a bond of the corporation or part of the proceeds of such bond, to any use or purpose other than that for which such loan was made, or bond issued, shall be im- prisoned in the penitentiary not less than one year nor more than *wenty-one years and fined in double the amount of money or other property embezzled. (R. S. Sec. 6846.) Section 4781. The board of education of each school district shall fix the compensation of its clerk and treasurer, which shall be paid from the contingent fund of the dis- trict. If they are paid annually, the order for the payment of their salaries shall not be drawn until they present to the board of education a certificate from the county auditor stating that all reports required by law have been filed in his office. If the clerk and treasurer are paid semi-annual- ly, quarterly, or monthly, the last payment on their salaries previous to August thirty-first, must not be made until all reports required by law have been filed with the county auditor and his certificate presented to the board of educa- tion as required herein. (R. S. Sec. 4056.) Section 4782. When a depository has been provided for the school moneys of a district, as authorized by law, the board of education of the district, by resolution adopted by a vote of a majority of its members, may dispense with 1 treasurer of the school moneys, belonging to such school ^Hstrict. In such case, the clerk of the board of educa- tion of a district shall perform all the services, discharge all the duties and be subject to all the obligations required by law of the treasurer of such school districts. (R. S. Sec. 4042a.) Section 4783. When the treasurer is so dispensed with, all the duties and obligations required by law of the coimty auditor, county treasurer or other officer or person relating to the school moneys of the district shall be com- nlied with by dealing with the clerk of the board of educa- tion thereof. Before entering upon such^ duties, the clerk shall give an additional bond equal in amount and in the same manner prescribed by law for the treasurer of the school district. (R. S. Sec. 4042a.) Section 4784. If for any reason, a depository in such district ceases to act as custodian of the school moneys, they shall be placed in the custody of the treasurer of the city, village or township in which the school district is located or of the special school district upon such treasurer giving bond as required by law, to the approval of the board of TREASURER AND CLERK. 59 education. Such moneys shall be held and disbursed by the treasurer in all respects as required by law until anoth- er depository is provided for such moneys. Thereupon he shall place such money in the depository and his duties and obligations relating thereto shall then cease. (R. S. Sec. 4042a.) TITLE XIV. PUBLIC ELECTIONS, Election of members of the board of education. Notice of school elections. Qualifications of elector. When women mav vote. Section 4838. All elections for members of boards of education shall be held on the first Tuesday after the first Monday in November in the odd numbered years. ' (97 v. 40 § 2.) Section 4839. The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation in the district or post written or printed notices thereof in five public places in the district at least ten days before the holding of such election. Such notices shall specify the time and place of the election, the number of members of the board of education to be elected, and the term for which they are to be elected, or the nature of the question to be voted upon. (97 v. 354 § 2.) Section 4861. Every male citizen of the United States, who is of the age of twenty-one years or over, and possesses the qualifications in regard to residence herein- after provided, shall be entitled to vote at all elections. (Cons. Art. V. § i.) Section 4862. Every woman, born in the United States or who is the wife or daughter of a citizen of the United States, who is over twenty-one years of age and possesses the necessary qualifications in regard to residence hereinafter provided for men shall be entitled to vote and to be voted for for member of the board of education and upon no other question. (97 v. 354 § 3.) The constitutional power of the legislature to provide for common schools is not limited by the definition of elector in Conts., V, Sec. 1, and the right to v^ote for school officers miv be conferred on women. 9 C. C, 134. This section limits the voting privileges of women. It does not entitle them to vote en such questions as special tax levy, bond issue, erection of public buildings, etc., although the same be for school purposes. Registration of women. Nominations of candidates for board of education. Section 4940. The provisions of this chapter relat- ing to registration shall apply to women upon whom the right to vote for member of the board of education is con- ferred by law, but the names of such women may be placed on a separate list. (97 v. 254 § 3.) Section 4997. Nominations of candidates for the office of member of the board of education may be made by nomination papers, signed in the aggregate for each candidate by not less than twenty-five qualified electors of either sex of the school district, except in city school dis- tricts, such nomination papers shall be signed by peti- tioners not less in number than one for every one hundred persons wHo voted at the next preceding general election in such city. (R. S. Sec. 3897a.) GO PUBLIC ELECTIONS. 6l Section 4998. When nominations of candidates for member of the board of education have been made by nom- ination papers filed with the board of deputy state super- visors, as herein . provided, such board of deputy state supervisors shall publish on two different days prior to the election a list of the names of such candidates in two news- papers of opposite politics in the school district, if there is such printed and published therein. If no newspaper is printed in suc-h school district, the board shall post such list in at least five public places therein. (R. S. Sec. 3897a.) Names of nominees for board pub- lished. Section 5032. The names of candidates for members of the board of education of a school district, however nom- inated, shall be placed on one independent and separate ballot without any designation whatever, except for member of board of education and the number of members to be elected. (98 v. 116 § i.) Ballots for school board. Section 5033. The ballots for members of the board of education shall be prepared and printed as follows : The whole number of ballots to be printed for the school dis- trict shall be divided by the number of candidates for mem- ber of board of education of the district, and the quotient so obtained shall be the number of ballots in each series of ballots to be printed. The names of candidates shall be arranged in alphabetical order and the first series of ballots printed. Then the first name shall be placed last and the next series printed, and so shall the process be repeated until each name shall have been first. These ballots shall then be combined in tablets with no two of the same order of names together, except when there is but one candi- date. (98 V. 116 § 2.) How ballot for school board printed. Section 5034. In city school districts, the ballots for each subdistrict shall contain the names of the candidates for member of the board of education from such subdis- trict and also the names of the candidates to be elected at large. (97 v. 354 §1.) Section 5049. There shall be separate poll books and tally sheets for all elections for school purposes and the ballots of the electors at such elections shall be depositel in a separate ballot box. (97 v. 354 § i.) Section 5120. In school elections, the returns shall be made by the judges and clerks of each precinct to the clerk of the board of education of the district, not less than five days after the election. Such board shall can- vass such returns at a meeting to be held on the secon 1 Monday after the election, and the result thereof shall be entered upon the records of the board. (97 v. 354 §1.) Section 5 121. . In the canvass of the vote for mem- bers of the board of education, or assessors of real prop- erty, the person having the highest number of votes shall School dis- tricts in cities. Poll books and tally sheets for school elec- tions. Canvass of vote in school elections. How result determined in certain cases. 62 ' PUBLIC ELECTIONS. be declared elected, and the next highest, and so on, until the number required to be elected shall have been selecte 1 from the number having the highest number of votes. If any number of persons greater than the number to be elected at such election have the highest and an equal number of votes, the board making the canvass shall de- termine by lot which of the persons shall be duly elected. (97 V. 354 § I ; 98 V. 1 16 § I ; 100 v. 81 § i.) PART SECOND CIVIL ()3 TITLE V. PUBLIC SCHOOLS CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER School Funds. School Houses and Libraries. Schools and Attendance. Compulsory Education. Reports. Enumeration. Examiners. Teachers' Institutes. Teachers' Pensions. Normal Schools. Colleges and Universities. Schools Specially Endowed, CHAPTER 1. SCHOOL FUNDS. Section 7575. "The state common school fund;" tax levy for. 7576. Rate designated by general assembly. 7577. Interest upon proceeds of salt arid swamp lands. 7578. Proceeds of sale of swamp lands. 75^9. The "common school fund." 75S0. Accounts of common school fund. 7581. Bequests, etc., in trust for common school fund. 7552. Apportionment of school funds by au- ditor of state, 7553. Apportionment to be made in February settlement. 7584. Funds to be retained by county treas- urer. 7585. When county line divides township. 7586. Board of education to fix rate of taxa- tion. 7587. Levy to be divided into four funds. 7588. Levy of taxes for special school districts." 7589.- How funds divided. 7590. Appeal to county commissioners. 7591. Maximum levy. 7592. Greater tax may be levied. 7593. Notice of election. 7594. Amount of levy to be certified to county auditor. 7595. Salary of teachers. 7596. State aid. 7597. Certain districts not entitled to state aid. Section 7598. When district situated in two or more counties. 7599. To whom funds paid. 7600. Apportionment of school fund. 7601. Distribution of money after apportion ment. 7602. When county line divides original sur veyed township. 7603. Certificate of apportionment. 7604. Depositing of school lands upon com- petitive bidding. 7605. When district contains two or mc banks. 7606. Bids. 7G07. JDistricts containing less than two banks 7€03. What resolution to contain. 7609. Liability of treasurer relieved. 7610. Neglect of certain duties by board. 7611. Personal liability of board members. 7612. Duty of county auditor. SINKING FUND. 7613. Board of commissioners of the sinking fund. 7614. Who to provide funds. 7615. Investment of sinking fund. 7616. Sinking fund commissioners may issue re.funding bonds. 7617. Report of sinking fund commissioners. 7618. Payment of bonds and interest. 7619. Bonds issued by board of education. Section 7575. For the purpose of affording the ad- «The state vantages of a free education to all the youth of the state, ^°^J^?," 11^"^°^ there shall be levied annually a tax of one mill on the levy for. grand list of the taxable property of the state, to be col- lected as are other state taxes and the proceeds of which shall constitute "the state common school fund," and for the payment of interest on the irreducible or trust fund debt for school purposes, ten one-hundredths of one mill, such fund to be styled "the sinking fund." (R. S. Sec. 395I-) ^ 5 s. L. 65 66 SCHOOL FUNDS. Proceeds of sale of swamp lands. Rate desig- SECTION 7576. The rate for such levy shall be des- "rT^s^e w" ignated by the general assembly at least once in two years. If the general assembly fail to designate the rate for any year, it shall be one mill for the state common school fund, and ten one-hundredths of one mill for the sinking fund. (R. S. Sec. 3951.) Interest upon Section 7577- The statc shall pay interest annually, sIiTlnlfswlm '^^ ^^^^ ^^^^ °^ ^^-^ P^^ ^^^^ P^^ annum, upon all money lands. which has been paid into the state treasury on account of sales of lands commonly called "salt lands," and upon all money paid or which may be paid into the state treasury on account of sales of swamp lands granted to the state by act of congress. The money received from such sales shall constitute an irreducible debt of the .state ; and the interest shall be apportioned annually on the same basis as the state common school fund is apportioned, and distributed to the several counties as hereinafter provided. (R. S. Sec. 3952.) Section 7578. The net proceeds hereafter paid into the state, treasury, from the sales of swamp lands granted to the state by act of congress passed September 28, 1850, is hereby appropriated to the general fund for the support of common scliools; and the state is pledged to pay the interest annually, on all sums of money paid into the state treasury, from the sales of such lands, from the receipt of such money into the treasury. The interest so arising shall be distributed, annually, to the several counties of the state, in proportion to the number of male inhabitants above the age of twenty-one as the law provides for ascertaining the apportionment of representatives. The proportion of interest due to each county shall be distributed for the sup- port of common schools, in the respective counties, in the manner prescribed for the distribution of the common school fund. (80 v. 39 § i.) Section 7579. The money which has been and may be paid into the state treasury on account of sales of lands granted by congress for the support of public schools in any original surveyed township, or other district of country, shall constitute the ''common school fund," of which the auditor of state shall be superintendent, and the income of which must be applied exclusively to the support of common schools, in the manner designated in this chapter. (R. S. Sec. 3953.) Section 7580. The common school fund shall con- stitute an irreducible debt of the state, on which it shall pay interest annually, at the rate of six per cent per annum, to be computed for the calendar year, the first computation on any payment of principal hereafter made to be from the time of payment to and including the thirty-first day of December next succeeding. The auditor of state shall keep an account of the fund, and of the interest which ac- crues thereon, in a book or books to be provided for the purpose, with each original surveyed township and other The "common school fund." Accounts of common school fund. SCHOOL FUNDS. 67 district of country to which any part of the fund belongs, crediting each with its share of the fund, and showing the amount of interest thereon which accrues and the amount which is disbursed annually to each. (R. S. Sec. 3954.) Section 7581. When any grant or devise of land, or donation or bequest of money or other personal prop- erty, is made to the state, or to any person, or otherwise, in trust for the common school fund, it shall become vested in such fund. ' When the money arising therefrom is paid into the state treasury, proper accounts thereof must be kept by the auditor of state, and the interest accruing there- from shall be applied according to the intent of the grantor, donor, or devisor. (R. S. Sec. 3955.) Section 7582. The auditor of state shall apportion the state common school fund to the several counties of the state semi-annually, upon the basis of the enumeration of youth therein, as shown by the latest abstract of enumera- tion transmitted to him by the state commissioner of com- mon schools. Before making his February settlement with county treasurers, he shall apportion such amount thereof as he estimates to have been collected up to that time, and, in the settlement sheet which he transmits to the auditor of each county, shall certify the amount payable to the treasurer of his county. Before making his final settle- ment with county treasurers each year he shall apportion the remainder of the whole fund collected, as nearly as it can be ascertained, and in the August settlement sheet which he transmits to the auditor of each county shall cer- tify the amount payable to the treasurer of his county. (R. S. Sec. 3956.) Section 7583. In each February settlement sheet the state auditor shall enter the amount of money payable to the' county treasurer on the apportionment of interest specified in section seventy-five hundred and seventy- seven, and also enter in each February settlement sheet the amount of money payable to the county treasurer on account of interest for the preceding year on the common school fund, and designate the source or sources from which the interest accrued. With each February settlement sheet he shall transmit a certified statement, showing the amount of interest derived from the common school fund payable to each original surveyed township or other dis- trict of country within the county. (R. S. Sec. 3956.) Section 7584. The treasurer of each county, at each semi-annual settlement with the auditor of state, shall re- tain in the county treasury, from the state taxes collected by him, the amount of the funds -herein mentioned shown by the settlement sheet of the auditor of state to be payable to him at that time. If such amount for any county ex- ceeds the amount of state taxes collected therein, the auditor of state shall draw an order on the treasurer of state, in- Bequests, etc., in trust for common school fund. Apportionment of school funds by- auditor of state. Apportionment to be made in February settlement. Funds to be retained by county treasurer. ^8 SCHOOL FUNDS. When county line divides township. 'Board of edu- cation to fix rate of taxation. ' Levy to be divided into four funds. Levy of taxes -for special school dis- tricts favor of the treasurer of such county, for the balance of school funds due his county, and transmit it to such county treasurer, and the treasurer of the state shall pay such order upon its presentation to him. (R. S. Sec. 3956.) Section 7585. If parts of an original surveyed town- ship or fractional twonship are situated in two or more counties, Ihe amount of interest on common school fund due to such township shall be paid in the manner provided in the next two preceding sections to the treasurer of the county wherein the greatest relative portion of such town- ship is situated. But if it be uncertain in which county sr.ch portion is situated, the amount of interest due to such township shall be paid to the treasurer of the oldest county in which any part of the township is situated. (R. S. Sec. 3957-) Section 7686. Each board of education, annually, at a regular or special meeting held between the third Monday in April and the first Monday in June, shall fix the rate of taxation necessary to be levied for all school purposes, after the state funds are exhausted. (R. S. Sec. 3958.) Section 7587. Such levy shall be divided by the board of education into . four funds : First, tuition fund ; second, building fund ; third, contingent fund ; fourth, bonds, interest and sinking fund. A separate levy must be made for each fund. (R. S. Sec. 3958.) "A notice, by a clerk of a board of education, of a tax voted by the board, to build a school house, delivered to the auditor on the 11th day of Tune, is sufficient authority to the auditor for carrying the tax into his dupli- cate." n Western Law Monthly, 589. It is a general rule that statutes, so far as thev limit a time for the performance of an act by a public officer, for the public benefit, are merely directory, when time is not the essence of the thing to be done, unless there are negative words, and the act is valid if done afterwards. Tuition from non-resident pupils is to be paid to the board of educa- tion, and placed in the contingent fund. A teacher his absolutely no authority to retain money received for tuition of non-resident pupils. Prior to the passage of the present school code (97 O. L. 334), a valid assessment for street improvements could not be levied against school prop- erty. Whether the division of the contingent school fund into separate funds by the present school code will render valid such assessments levied since the enactment of the school code, quaere. 15 O. D. N. P., 834; 4S O. S., 83. The Attorney General inclines to the opinion that such special assess- ments against .<;chool property are not collectible under the present school code, and a test case involving this question is now pending in the Com- mon Pleas Court, brought at his suggestion. Section 7588. In all cases of special school districts lying wholly within one civil tow^nship, or if the special district lies in and is part of two or more civil townships of the same or different counties, or two or more special districts lie wholly or partly within one civil township, a tax for school purposes may be levied, not exceeding six mills, on the duplicate of all the taxable property in such township lying outside of all city and village school districts therein. Such levy shall be made when a petition in writ- ing signed by two-thirds of the electors of such civil town- ship is filed with the clerk of the board of education of the township, by a joint board consisting of the board of educa- tion of that township and the board of education of the SCHOOL FUNDS. 6gj special school district, or of the board of education of that township and the boards of education of the special school districts as the case may be, acting in joint session, at a meeting or meetings to be called for that purpose, by the president of the township heard cf education between the third Monday in April and the first Monday in June of each year. If such boards fail so to meet, or fail to agree and make such levy then it shall be mac^e by the county commissioners' on the appHcation of either board. (R. S. Sec. 3958a.) Section 7589. The funds raised from such levy shall How funds: be divided between the board of education of the township ^^^^ided. and of the special school district, or between the board of education of the township and the boards of education of the special school districts, as the case may be, in propor- tion to the number of children of that township of school age living in the township outside of the special school dis- trict and living in the township within the special school district or districts. In additon to the general levy by the joint boards, either board may levy an additional tax, not to exceed six mills, on the duplicate of all the taxable property within its own territory. The funds arising from such levy shall be used only for schools within the terri- tory where the additional levy is made. (R. S. Sec. 3958a.) Section 7590. If the levy so made by such boards Appeal to is inequitable to either, or insufficient to provide for and misSe'^s"^^ maintain the schools in either the township or special school 'districts, either board may appeal to the county com- missioners of the county in which the township is situated to adjust and make the levy. The comm'issioners then may make such levy, not exceeding six mills, for the purposes named in the next two preceding sections, as they may deem just and equitable and sufficient to provide for and maintain the schools in such township and school district. If either of such boards of education meet to fix a levy for school purposes, as provided in section seventy-five hundred and eighty-six, before the levy is fixed by the joint board as above provided, and the levy so made by such board of education, acting independently, is more than six mills on the dollar of valuation of taxable property in its school district, then the excess of the levy above the six mills shall be subject to division in proportion and manner as provided in the next preceding section between the township and special districts. (R. S. Sec. 3958a.) Section 7591. Except as hereinafter provided, the fevy.'"'"'''' local tax levy for all school purposes shall not exceed twelve mills on the dollar of valuation of taxable property in any school district, and in city school districts shall not be less than six mills. Such levy shall not include any special levy for a specified purpose, provided for by a vote of the peo- ple. (R. S. Sec. 3959.) SCHOOL FUNDS. Greater tax may be levied. Notice of election. Amount of levy to be certified to county au- ditor. Salary of teachers. Section 7592. A greater or less tax than is autho- rized above may be levied for any or all school purposes. Any board of education may make an additional annual levy of not more than five mills for any number of consecu- tive years not exceeding five, if the proposition to make such levy or levies has been submitted by the board, to a vote of the electors of the school district, under a resolu- tion prescribing the time, place and nature of the proposi- tion to be submitted, and approved by a majority of those voting on the proposition. (R. S. Sec. 3959.) Section 7593. Notice of such election must be given by publication of the resolution for three consecutive weeks prior thereto in some newspaper published and of general circulation jn the district, or by posting copies thereof in five of the most conspiuous places in the district for a like period, if no such paper is published therein. (R. S. Sec. 3959.) Section 7.594. The amount of the levy fixed by the boards of education under the next eight preceding sections, shall be certified to the county auditor, in writing, on or be- fore the first Mnday in June of each year by the boards cf education, and on or before the first Monday in August of each year by the county commissioners when the levy i^ made by them, who shall assess the entire amount upon all the taxable property of the district, and enter it upon the tax duplicate of the county. The county treasurer shall collect it at the time and in the same manner as state and county taxes are collected, and pay it to the treasurer of the district upon the warrant of the county auditor. He shall receive one per cent on all moneys so collected and no more. (R. S. Sec. 3960.) Boards of education required to certify levy for building and other pur- poses, to the county auditor, in addition to the levy provided for in Sees. 7591-7595; see Sec. 7626. Where a board of education certifies an estimate of a school tax to the county auditor, who places the same on the tax lisi in a reduced form, a citizen and taxpayer of the school district who, five months thereafter, seeks by mandamus on his own relation, to compel the auditor to place the original estimate on the tax list, must satisfy the court that the board of education did not consent to the reduction. 39 O. S., 455. County commissioners to act as board of education in case the latter neglects to perform its duty; see Sec. 7610. . Section 7595. No person shall be employed to teach in any public school in Ohio for less than forty dollars^ a month. When a school district has not sufficient money to pay its teachers forty dollars per month for eight months of the year, after the board of education of such district has made the maximum legal school levy, three-fourths of which shall be for the tuition fund, then such school district may receive from the state treasurer sufficient money to make up the deficiency. (98 v. 200 § i.) The 78th General Assembly at its regular session, 1910, appropriated $50,000 to aid weak school districts. State aid. Section 7596. A board of education having such a deficit must make affidavits to the county auditor, who sliall send a certified statement of the facts to the state auditor. SCHOOL FUNDS. 71 The state auditor shall issue a voucher on the state treasurer in favor of the treasurer of such school district for the a- mount of the deficit in the tuition fund. (98 v. 200 §1.) No district shall be entitled to state Certain dij When district situated in two or more counties. Apportionment of school fund. Section 7597. aid as provided in the next two preceding sections, unless ;[tTed "o' the number of persons of school age in such district Is at ^tate aid. least twenty times the number of teachers employed there- , in. ( 98 V. 200 § 2.) Section 7598. When a school district is composed of territory in two or more counties, the rate of taxation shall be ascertained by the board of education of such dis- trict and. be certified to the auditors of the several counties, wl;io must place it on the tax duplicate. It shall be collected as provided in section seventy-five hundred and ninety- four. (R. S. Sec. 3963.) . Section 7599. The funds belonging to a district com- xo whom posed of territory in more than one county shall be paid by ^""^^ paid, the treasurers of the other counties to the treasurer of the county having the greatest tax valuation in such district.' The auditors of other counties must make settlement on ac- count of such funds with the auditor of the county having the greatest tax valuation ; and the treaaurer of the district shall make the settlement with such auditor, required by section seventy-six hundred and two. (R. S. Sec. 3963.) Section 7600. After each annual settlement with the county treasurer, each county auditor shall immediately apportion the school funds for his county. The state com- mon school fund must be apportioned in proportion to the enumeration of youth in each of the several school districts within the county, except if an enumeration of the youth of any district has not been taken and returned for any year, such district shall not be entitled to receive any por- tion of such fund. The local school tax collected from the several districts must be paid to the districts from which it was collected. Money received from the state on account of interest on the common school fund shall be apportioned to the school districts and parts of districts within the terri- tory designated by the auditor of state as entitled thereto, in proportion to the enumeration of youth therein. All other money in the county treasury for the support of com- mon schools, and not otherwise appropriated by law, shall be apportioned annually in the same manner as the state common school fund. (R. S. Sec. 3964.) The auditor's 'duty to apportion the state common school fund among the districts, according to the number of youth is not excused by his ina- bility to apportion other funds. His failure to apportion such fund docs not authorize the township school board to treat it as a contingent fund and apportion it at discretion. Hence the indebtedness of the township board for building school houses in an amount exceeding all the funds is no defense to a salary order of a teacher in a sub-district, entitled to one-fourth of the state common school fund, its contingent fund being exhausted. 9 C. C, 13. Section 7601. Immediately after such apportionment i>istribution is made, the auditor must enter it in a book to be kept for of money that purpose, and furnish a certified copy of the apportion- uonme^nt^^'^ 72 SCHOOL FUNDS. When county line divides original sur- veyed town- ship. Certificate of apportionment. Depositing of school funds upon competi- tive bidding. ment to each school treasurer and clerk in his county. He shall give to each of such treasurers an order on the county treasurer for the amount of money payable to him, and take his receipt therefor. (R. S. Sec. 3965.) Boards of education can leave school moneys in county treasury and draw the same from time to time in amounts of not less than one hundred dollars; see Sec. 2690. County auditors shall in no case permit treasurer to have in his hands school funds amounting to more than the amount of his bond; see Sec. 4769. Section 7602. When an original surveyed township or fractional township is situated in two or more counties, and the -land granted thereto by congress for the support of public schools has been sold, the auditor of the county to whose treasurer the interest on the proceeds of such sale is paid must apportion such interest to the counties in which such township is situated, in proportion to the youth of the township enumerated in each. Such auditor shall certify to the auditor of each of the other counties the amount so ascertained to belong to the part of the township situated in his county, and transmit to the treasurer of each of such counties an order on the treasurer of his own county for such amount. The auditor of each county shall apportion the amount of such interest belonging to the part of the township in his count}^, to the districts or parts of districts entitled thereto, irw proportion to the enumeration of youth therein, and certify and pay it to the proper school officers, as provided in the next preceding section. (R. S. Sec. 3966.) Section 7603. The certificate of apportionment fur- nished by the county auditor to the treasurer and clerk of each school district must exhibit the amount of money re- ceived by each district from the state, the amount received from any special tax levy made for a particular purpose, and the amount received from local taxation of a general nature. The amount received from the state common school fund . and the common school fund shall be designated the "tuition fund" and be appropriated only for the payment of superin- tendents and teachers. Funds received from special levies must be designated in accordance with the purpose for which the special levy was made and be paid out only for such purpose, except that, when a balance remains in such fund after all expenses incident to the purpose for which it was raised have been paid, such balance will become a part of the contingent fund and the board of education shall make such transfer by resolution. Funds received from the local levy for general purposes must be designated so as to correspond to the particular purpose for which the levy was made. Moneys coming from sources not enumerated herein shall be placed in the contingent fund. (R. S. Sec. 3,9(^7 ■) Section 7604. The board of education of any school district by resolution shall provide for the deposit of any or all moneys coming into the hands of its treasurer. But no bank shall receive a deposit larger than the amount of its SCHOOL FUNDS. 73 paid in capital stock, and in no event to exceed three hundred thousand dollars. (R. S. Sec. 3968, as amended May 10, 19TO.) Capital 5:. N. P., 386. Section 7615. The board of commissioners of the sinking fund shall invest that fund in bonds of the United States, of the state of Ohio, of any municipal corporation, county, township or school district of any state or in bonds of its own issue. All interest received from such invest- ments shall be deposited as other funds of such sinking fund, and reinvested in like manner. For the extinguish- ment of any bonded indebtednes included in such fund, the board of commissioners may sell or use any of the securities or money of such fund. ( 98 v. 45 § 2.) Section 7616. The board of commissioners of the sink- ing fund may refund, extend or renew the bonded debt of the school district or any part thereof, existing April 25, 1904, by issuing the bonds of such chool district for such periods, not exceeding twenty years, in such denomination, payable at such place and at a rate of interest, not to exceed the rate previous to such refunding, extension or renewal. But the aggregate amount of the refunding, extending or renewing bonds so issued shall not exceed that of the bonds so refunded, extended or renewed. (97 v. 353 § 3.) Section. 7617. Th board of commissioners of the sinking fund shall make an annual report to the board of education giving a detailed statement of the sinking fund for each year ending with August thirty-first. Such report must be filed with the board of education on or before September thirtieth of each year and other reports may be required by such board of education when deemed neces- sary. (98 V. 45 §4-) Section 7618. The board of education shall appro- priate to the use of such sinking fund any taxes levied for the payment of interest on its bonded indebtedness, together with the sum provided for in sections seventy-six hundred thirteen and seventy-six hundred and fourteen. Sums so appropriated shall be applied to no other purpose than the payment of such bonds, interest thereon and necessary ex- penses of such sinking fund commission. (98 v. 45 § 4.) Section 7619. When a board of education issued bonds for any purpose, such issue first shall be offered for sale to the board of commissioners of the sinking fund, who may buy any or all of such bonds at par. Within five days of the time when notice is given, the board shall notify the board of education of its action upon the proposed purchase. After that time the board of education sjiall issue any por- tion not purchased by such commission according to law. (98 V. 45 §4.) CHAPTER 2. SCHOOL HOUSES AND LIBRARIES. SCHOOL HOUSES. Section 7620. 7621. 7622. 7624. 7625. 7626. 7627. 7628. 7629. 7620. School houses. Display of U. S. flag. Regulating use ^of school houses. Directions for 'bidding and for letting contra€ts. ♦ » Appropriation of land for school pur- poses. Submission of question of bond issue. If question approved, board may issue such bonds. Requisites of bonds. Tax levy to pay bonds thus issued. Issue of bonds by boards of education. Limit of issue. Section LIBRARIES. 7631. 7632. 7634. 7635. 7637. 7638. 7639. 7640. 7641. 7G42. 7643. Establishment of public library. Taxation. Libraries jointly owned by two or more school districts. Board of trustees, appointment, term. Management and control of library. Library trustees, number and eligibility of. Powers of board. May acquire land. Library fund; how provided and main- tained. Payments from library fund. Board of education may contract with library association for use of library. School library. Museum. SCHOOL HOUSES. Section 7620. The board of education of a district may build, enlarge, repair and furnish the necessary school- houses, purchase or lease sites therefor, or rights of way thereto, or rent suitable schoolrooms, provide the necessary apparatus and make all other necessary provisions for the schools under its control. It also, shall provide fuel for schools, build and keep in good repair fences inclosing such school-houses, when deemed desirable plant shade and orna- mental trees on the school-grounds, and make all other provisions necessary for the convenience and prosperity of the schools within the subdistricts. (R. S. Sec. 3987.) School-houses. Sec. commissioners : Sec. 7610. may act as u'-horize an exchange of school lots; board of education under certain Courts of common pleas may 3707. County circumstances Penalty for destroying plants or trees; Sec. 12490. Penalty for using school house without certificate of inspector; Sec. 12574. A school feoard is not liable as such for an inj.ury to a pupil arising from negligence in the erection and maintenance of a public school building. 30 O. S., 37. A board of education will be enjoined in the exercise of its discretion where it attempts \yithout any valid reason or necessity to expend the public funds for the erection of a new school house in another place in the district when the old one is suitable and satisfactory and located near the center of the district. 13 C. C, 258. Statutes do not require advertisement for bids nor letting of contract for coal to lowest bidder. Gosline v. Toledo (Bd. of Ed.), 30 O. C. C, 503 (11 N. S. 195.) The law requires, under severe penalties to be visited on those who have control thereof, that "all school houses are to have ample m^ans of convenient egress, and doors opening outward." For requirements as to certificates regarding the safety of such buildings, and the penalties relating to neglect, see Sections 1031-1036. Concerning the full power of boards of education, teachers, or other citizens, to secure protection against the injury or defacement of "school houses, school yards, trees, fences, gates and bars," see General Code, section 12477, also section 12487. Any citizen may prosecute the transgressor in these cases. School houses, school furniture, and other school property belonging to the township, and not to the subdistrict, are entirely under the legal control of the township board. It is the duty of the township board of education to exercise such super- vision over the school houses in the several subdistricts, as may be neces- sary to prevent their being used in such a manner and for such purposes- as may interfere with their use, for the legitimate and special purposes for which they were erected. 77 78 SCHOOL HOUSES AND LIBRARIES. Display of U. S. flag. Regulating use of school-houses. Directions for bidding and for letting contracts. Section 7621. All boards of education are required to display the United States national flag upon all school-houses under their control, during all day school sessions in fair weather, which shall be displayed on the inside of the school- house on all other days. Such boards shall make all rules and necessary regulations for the care and keeping of such Hags, the expense thereof to be paid out of their contingent funds. (92 V. 86 § I.) Section 7622, When, in the judgment of a board of education, it will be for the advantage of the children re- siding in any school district to hold literary societies, school exhibitions, singing schools, religious exercises, select or normal schools, the board of education shall authorize the opening of the school-houses for such purposes. The board of education of a school district in its discretion may author- ize the opening of such school-houses for any other lawful purposes. But nothing herein shall authorize a board of education to rent or lease a schoolhouse when such rental or lease in any wise interferes with the public schools in such district, or for any purpose other than is authorized by this chapter. (R. S. Sec. 3987-1.) Powers of boards of education; Sec. 4749. Leasing a school house for a private school is a violation of the trust, and is not within the power of "disposing" of property in Sec. 3971, and a resident taxpayer may obtain injunction. 35 O. S., 143. School houses should not be open for any purpose concerning the moral effect of which there is a difference of opinion among the residents of the district. Section 7623. When a board of education determines to build, repair, enlarge or furnish a school-house or school- houses, or make any improvement or repair provided for in this chapter, the cost of which will exceed in city districts, fifteen hundred dollars, and in other districts five hundred dollars, except in cases of urgent necessity, or for the se- curity and protection of school property, it must proceed as follows : 1. For the period of four weeks, the board shall adver- tise for bids in some newspaper of general circulation in the district, and two such papers, if there are so many. If no newspaper has a general circulation therein, then by posting such advertisement in three public places therein. Such ad- vertisement shall be entered in full by the clerk, on the re- cord of the proceedings of the board. 2. The bids, duly sealed up, must be filed with clerk by twelve o'clock, noon, of the last day stated in the adver- tisement. 3. The bids shall be opened at the next meeting of the board, be publicly read by the clerk, and entered in full on the records of the board. 4. Each bid must contain the name ui every person interested therein, and shall be accompanied by a sufficient guarantee of some disinterested person, that if the bid ht accepted, a contract will be entered into, and the perform- ance of it properly secured. SCHOOL HOUSES AND LIBRARIES. 79 5. When both labor and materials are embraced in the work bid for, each must be separately stated in the bid, with the price thereof. 6. None but the lowest responsible bid shall be ac- cepted! The board in its discretion may reject all the bids, or accept any bid for both labor and material for such im- provement or repair, which is the lowest in the aggregate. 7. Any part of a bid which is lower than the same part of any other bid., shall be accepted, whether the residue of the bid is higher or not ; and if it is higher, such residue must be rejected. 8. The contract must be between the board of educa- tion and the bidders. The board shall pay the contract price for the work, when it is completed, in cash, and may pay monthly estimates as the work progresses. 9. When two or more bids are equal, in the whole, or in any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided be- tween such bidders. 10. When there is reason to believe that there is collu- sion or combination among the bidders, or any number of them, the bids of those concerned therein shall be rejected. (R. S. Sec. 3988.) Letting contracts for school houses when cost amounts to $10,000 or more; see Sees. 2362, 2363, 2364. Where the board awarded a contract to build a school house to the lowest responsible bidder for the whole work, but whose bid was defective, in that it did not state the price separately of labor and materials, and the relator's bid for labor and materials was the lowest offered, and yet was defective, in not having a sufficient guarantee, and he. had notified the board that his bid was for the whole work or none; Held, that relator must show ^ clear, legal right in himself, and cannot avail himself of defects in the other's bid; that defects may be waived where no public injury is worked thereby; that relator cannot complain that the whole work was awarded to a lower bidder, although his bid for a part was the lowest offered. 42 O. S. 374. A bid under this section which separately states the labor and material, with the price of each, and with the provision attached that it is to be accepted as a whole, does not comply with this section. 4 N. P., 44. The discretion of a board as to what system of apparatus it will put in cannot be controlled either by mandamus or injunction. Such bids are not competitive. 14 C. C, 15. In order that one who has bid on public work can maintain an action of mandamus, he must show that he is "the one with whom the contract should be made regardless of anybody's else rights. 14 C. C, 19. A bid on heating and ventilating apparatus need not separately state the cost of labor and materials entering into the same. Id. 23. When an advertisement for bids for public work is required, the board may reject them. 13 C. C, 603. When an advertisement is not necessary, the board may make such stipulations as it desires. Id. A board of education can not allow a contractor to amend and in- crease his bid on account of a mistake not appearing on the face of his bid after the bids of the other contractors have been opened and seen bv him. 19 Dec. 89 (7 N. S. 590). Section 7624. When it is necessary to procure or en- large a school site, and the board of education and the own- er of the proposed site or addition are unable to agree upon the sale and purchase thereof, the board shall make an ac- curate plat and description of the parcel of land which it de- sires for such purposes, and file them with the probate judge, or court of insolvency, of the proper county. Thereupon the same proceedings of appropriation shall be had which are provided for the appropriation of private property by munic- ipal corporation. (R. S. Sec. 3990.) Appropriation of land for school pur- 8o SCHOOL HOUSES AND LIBRARIES. Submission of question of bond issue. Transfer of surplus of special tax or loan. Reappropria- tion and trans- fer of surplus in established fund. Power to bor- row to extend time, of debt. Power to ex- change bonds. Section 7625. When the board of education of any school district determines that for the proper accon'imoda- tion of the schools of such district it is necessary to purchase a site or sites to erect a schoolhouse or houses, to complete a partially built schoolhouse, to enlarge, repair or furnish a schoolhouse, or to do any or all of such things, that the funds at its disposal or that can be raised under the pro- visions of sections seventy-six hunderd and twenty-nine and seventy-six hundred and thirty, are not sufficient to accom- plish the purpose and that a bond issue is necessary, the board shall make an estimate of the probable amount of money required for such purpose or purposes and at a gen- eral election or special election called for that purpose, sub- mit to the electors of the district the question of the issuing of bonds for the amount so estimated. Notices of the elec- tion required herein shall be given in the manner provided by law for school elections. (R. S. Sec. 3991.) When a proposition for a bond issue for erection or equipment of a school house has been voted down three times, fuilher submission of the lircposition may be enioined as an abus^^ of discretion and authority on the part of the board. 19 Dec. 83 (7 N. S. 590). Section 5654. When there is in the treasury of any city, vil- lar^e, county, township or school district, a surplus of the proceeds of a special tax, or of proceeds of a loan for a special purpose, which is not needed for the purpose for which the tax was levied, or the loan made, it may be transferred to the general fund by vn order of the proper authorities entered on their minutes. (R. 3. Sec. 2834.) Section 5655. When there is in the treasury of such civil 'ivision, as provided in the next preceding section, at the annual •-".eeting or meetings otherwise provided by law at which the annual tax levy is to be considered and adopted, a surplus not exceeding one thousand dollars in any one established fund or division of the funds, which is not needed for the purpose for which the fund was created, the money appropriated, or the tax levied, before such annual tax levy is made, it may be consid- ered as unappropriated and may be reappropriated and trans- ferred, by an order as is provided in such section, to another existing fund for which a tax is to be or would otherwise be levied. The sum which it would be necessary to raise by tax- ation for any purpose, if no such reapportionment was made, shall thereupon be reduced to the extent of the transfer thus made. This section shall not authorize such reapportionments or any transfer of funds at any other time than the meeting aforesaid to determine the tax levy nor authorize transfers at any one such meeting of over three thousand dollars in the aggregate, nor that the amount which may be lawfully raised by taxation for any purpose may be increased by such transfer. (R. S. Sec. 2834.) Section 5656. The trustees of a township, the board of education of a school district and the commissioners of a county, for the purpose of extending the time of payment of any indebt- edness, which from its limits of taxation such township, district or county is unable to pay at maturity, may borrow money or issue the bonds thereof, so as to change, but not increase the indebtedness in the amounts, for the length of time and at the rate of interest that said trustees, board or commissioners deem rroper, not to exceed the rate of six per cent per annum, pay- able annually or semi-annually. (R. S. Sec. 2834a.) Section 5657. When it appears to the trustees of a town- ship, board of education of a school district or commissioners of a county, to be for the best interests of such township, school SCHOOL HOUSES AND LIBRARIES. 8i district or county to renew, refund or extend the time of pay- ment of any bonded indebtedness which has not matured and thereby reduce the rate of interest thereon, they may issue, for that purpose, new bonds, and exchange the bonds with the holder or holders of such outstanding bonds if such holder or holders consent to make such exchange and to such reduction of interest. (R. S. Sec. 2834a.) Section 5658. No indebtedness of a township, school dis- trict or county shall be funded, refunded or extended unless such indebtedness is f^rst determined to be an existing, valid and bind- ing obligation of such township, school district or county by a formal resolution of the trustees, board of education or commis- sioners thereof, respectively. Such resolution shall state the amount of the existing indebtedness to be funded, refunded or extended, the aggregate amount of bonds to be issued therefor, their num- ber and .denomination, the date of their maturity, the rate of interest they shall bear and the place of payment of principal and interest. (R. S. Sec. 2834a.) Section 5350. For the payment of the' bonds issued under the next three preceding sections, the township trustees, board of education or county commissioners shall levy a tax, in addition to the amount otherwise authorized, each year during the period the bonds have to run sufticient in amount to pay the accruing in- ters t and the bonds as»they mature. (R. S. Sec. 2834a.) Section 56G0. The commissioners of a county, the trustees of a township and the board of education of a school district, shall not enter into any contract, agreement or obligation in- volving the expenditure of money, or pass any resolution or order for the appropriation or expenditure of money, unless the auditor or clerk thereof, respectively, first certifies that the money re- quired for the payment of such obligation or appropriation is in the treasury to the credit of the fund from which it is to be drawn, or has been levied and placed on the duplicate, and in process of collection and not appropriated for any other purpose ; money to be derived from lawfully authorized bonds shall, for the purpose of this section, be deemed in the treasury and in the appropriate fund. Such certificate shall be filed and forthwith recorded, and the sums so certified shall not thereafter be con- sidered unappropriated . until the county, township or board of education, is fully discharged from the contract, agreement or obli- gation, or as long as the order or resolution is in force. (R. S. Sec. 2834b, as amended May, 1910.) Held unconstilutional for lack of unifortnity of operation in so far as it applies to boards of education, and failure to comply with require- ments of this section in incurring an obligation does not render an obliga- tion void; but even if failure to comply with statutory requirements should render a note given by a board of education unenforceable at law, courts will not enjoin its collection. 8 O. C. C, N. S., ?05 (Affirmed without re- port, 78 O. S., 443.) See also 11 O. C. C, 41 (Affirmed 53 O. S., 650.) Section 5661. All contracts, agreements or obligations, and orders or resolutions entered into or passed contrary to the pro- visions of the next preceding section, shall be void, but such sec- tion shall not, apply to the contracts authorized to be made by other provisions of law for the employment of teachers, officers, and other school employes of boards of education. (R. S. Sec. 2834b.) See Mc Alexander v. Haviland School District. 19 Dec. 89 (7 N. S. 590.) When the statute requires that notice shall be given of the matter to be acted on, a failure to insert such matter will render void any act done with respect to the matter not so embraced as required. 18 Maine, 1S4; 12 Gushing, 291. It cannot be too often repeated that a board of education speaks only through its records. Its pcts, findings, and determinations are only known by its records. Hence, although the words of the statute mny not clearly settle the question, yet it is safest to assume that this determination is to be an official determination. Purchasers of bonds are likely to scrutinize such milters closely, and they will question whether the board acquires juris- Hiction to take steps for raising a tax unless it first officially "ascertains" and "determines" all the preliminary facts mentioned in the statute, and makes a record of such finding. 6 s. I.. Resolution as to such debts. Levy to meet payment of bonds. Certificate of clerk neces- sary in cer- tain cases. Exceptions thereto. If question approved, board may issue such bonds. Requisites of bonds. Tax levy to pay bonds thus issued. SCKOOL KOUSES AND LIBRARIES. Section 7626. If a majority of the electors, voting on the preposition to is^sue bonds, vote in favor thereof, the board thereby shall be authorized to issue bonds for the amount indicated by the vote. The issue and sale thereof shall be provided for by a resolution fixing the amount of each bond, the length of time they shall run, the rate of interest they shall bear, and the time of sale, which may be by competitive bidding at the discretion of the board. (R. S. Sec. 3992.) Section 'j(y2']. Such bonds shall bear a rate of interest not to exceed six per cent per annum payable semi-annually, be made payable within at least forty years from the date thereof, be numbered consecutively, made payable to the bearer, bear date of the day of sale and be signed by the president and clerk of the board of education. The clerk of the board must keep a record of t1^e number, date, amount, and the rate of interest of each bond sold, the a- mount received for it, the name of the person to whom sold, and the time when payable, which record shall be open to the inspection of the public at all reasonable times. Bonds so issued shall in no case be sold for less than their par value, nor bear interest until the purchase money for them has been paid. (R. S. Sec. 3992.) Section 7628. When an issue of bonds has been pro- vided for under the next three preceding sections, the board of education, annually, shall certify to the county auditor or auditors as the case may require, a tax levy sufficient to pay such bonded indebtedness as it falls due together with ac- crued interest 'thereon. Such county auditor or auditors must place such levy on the tax duplicate. It shall be col- lected and paid to the board of education as other taxes are. Such tax levy shall be in addition to the maximum levy for school purposes, and must be kept in a separate fund and ap- plied only to the payment of the bonds and interest for which it was levied. (R. S. Sec. 3993.) Mandamus is the proper remedy to compel the board to appropriate moneys already in their treasury for that purpose, toward the payment of such bonds, and to levy such tax as may be necessary to complete such payment. 27 O. S., 96. A board of education agreed to borrow a sum of money at an aggregate rate of interest of fifteen per cent., in manner following: For the amount so to be borrowed, bonds were to be issued bearing the authorized rate of interest, and for the excess of interest, orders on the treasury were to be issued, payable at the same time as the legal interest. The bonds were regularly issued, bearing eight per cent, interest, and sold at par, and the money was received and used as authorized. For the excess of interest, orders on the treasury were at the same time issued and delivered to the purchaser, as agreed to by the parties, but were never presented for payment, and after their maturity,' he offered to return them for cancellation: Held, that this agreement to pay excess of interest is void, and, having never been executed in whole or in part, will not avoid a recovery on the bonds. 35 O. S., 519. Certain bonds were issued by a board of education; they were afterwards redeemed before maturity, arid placed in the hands of the treasurer for de- struction. The treasurer failed to destroy them, but fraudulently used them as collateral security for an individual loan by an innocent third person: Held, that the board was not liable for the payment of the same. 41 O. S., 504. Advertisement of sale. SALE OF PUBLIC BONDS. Section 2294. All bonds issued by boards of c8unty com- nnssioners. boards of education, or commissioners of free turn- pikes, shall be sold to the highest bidder after being advertised SCIOOL HOL'SES AND LIBRARIES. 83 three time-, weekly, in a newspaper having general circulation in the county where the bonds are issued, and, if, the^amount of bonds to be sold exceeds twenty thousand dollars, in an addi- tional newspaper having general circulation in the state," three- times, weekly. The advertisement shall state the total amount of bonds to be sold, the amount of each bond, how long they are to run, the rate of interest to be paid thereon, whether annually or semi-annrally, the law or section of law authorizing the issue^ the dav, hour and place in the county where they are to be sold. (80 v/68 § 1.) Section 2295. None of such bonds shall be sold for less uow solcT; tb.an the face thereof, with any interest that may have accrued when bids rc- thcreon, and the privilege shall be reserved of rejection of any or J^cted. all bids. If bids are rejected the bonds shall again be advertised. All moneys from both principal and premiums on the sale of such bonds, shall be credited to the fund on account of which the bonds are issued and sold. (80 v. 6S § 1^) Section 7629. The board of education of any school issue of bonds district may issue bonds to obtain or improve public school ■ education^ °^ property, and in anticipation of income from taxes, for such purposes, levied or to be levied, from time to time, as occa- sion requires, may issue and sell bonds, under the restrictions and bearing a rate of interest specified in sections seventy- six hundred and twenty-six and seventy-six hundred and twenty-seven. The board shall pay such bonds and the in- terest thereon when due, but provide that no greater amount of bonds be issued in any year than would equal the aggre- gate of a tax at the rate of two mills, for the year next pre- ceding such issue. The order to issue bonds shall be made cr.ly at a regular meeting of the board and by a vote of two- thirds of its full membership, taken by yeas and nays' and entered upon its journal. (R. S. Sec. 3994.) Section 7630. In no case shall a board of education i^-^^^ of issue bonds under the provisions of the next preceding sec- issue. tion in a greater amount than can be provided for and paid with the tax levy authorized by sections seventy-five hundred and ninety-one and seventy-five hundred and ninety-two, and paid within forty years after the issue on the basis of the tax valuation at the time of issue. (R. S. Sec. 3994.) See act referred to under Sec. 7628. An injunction would lie against a board of education which sought to issue bonds in excess of this authority, but only as to such excess, and not to the whole. 47 Mich., 226; 43 la., 48. LIBRARIES. Section 7631. The board of education of any city, Establishment village, township, or special school district, by resoltition. of public may provide for the establishment, control and maintenance, in such district, of a public library, free to all the inhabitants thereof. For that purpose, by purchase, it may acquire the necessary real property, and erect thereon a library building ; acquire, by purchase or otherwise, from any other library association, its library property,; receive donations and be- quests of money or property for such library purposes, and maintain and support libraries now in existence and con- trolled by the board. (98 v. 244 §1.) library. •84 SCHOOL HOUSES AND LIBRARIES. Taxation. "Libraries jointly owned, by two or more school ■districts. *Board of trus- tees, appoint- ment, term. Management and control of library. ■Library trus- tees, number and eligi- tsility of. Powers of Aboard. Section 7632. Such board of education annually may make a levy upon the taxable property of such school dis- trict, in addition to all other taxes allowed by law, of not to exceed one mill for a library fund, to be expended by the board, for the establishment, support and maintenance of •juch pubhc library. (98 v. 244 §1.) Section 7633. But when a donation or bequest of money or property has been or is made to two or more school districts jointly, or jointly and severally for the pur- pose of establishing and maintaining such public library, and the money so donated has been or may be expended in the purchase of a site and the erection of a library. building thereon, the provisions of this subdivision shall apply. In such case the beard of education of each of the districts annually may levy not exceeding one mill, in addition to all other taxes allowed by law, upon the taxable property of such school districts for the establi^hn1ent, support and mainte- nance of such public library, and the library building may be located at a convenient place in either district. (08 v. 244 § I.) .Section 7634. The control of such building and li- brary and the expenditure of all moneys for the purchase of books and other purposes and the administration of tie li- brary shall be vested in a board of sic trustees, three to be appointed by each of the boards of education for the term of five years. They must serve without compensation, and until their successors are appointed. In case of vacancy in the board, from refusal to serve, resignation or other- wise it shall be filled by the boards of education of such district, for the unexpired term. (ijS v. 244 §1.) State library commissioners to give advic? and atten'ion to free p ililic library officers; see Sec. 793. Section 7635. The board of elucation may prcnide for the management and control of such Hbrary by a board of trusteees to be elected by it as herein provided. (R. S. Sec. 3998-2.) Section 7636. Such board of library trustees shall consist of seven members, who must be residents of the school district. No one shall be eligible to membership on such library board who is or has been for a year previous to his election, a member or officer of the board of education. The term of office shall be seven years, except that at the first election the terms must be such that one member retires each year. Should a vacancy occur in the board, it shall be filled by the board of education for the unexpired term. The members of the library board must serve without compensa- tion and until their successors are elected and qualified. (R. S. Sec 3998-2.) Section 7637. In its own name, such library board shall hold the title to and have the custody, and control of all libraries, branches, stations, reading rooms, of all library property, real and personal, of such school district, and of SCHOOL HOUSES AND LIBRARIES. 85 the expennitiire of all moneys collected or received from any source for library purposes for such district. It may employ a librarian and assistants, but previous to such employment their compensation shall be fixed. (R. S. Sec. 3998-2.) Section yOs^. By a two-thirds vote of its members such library l.'O.ird may purchase or lease grounds and build- ings, and erect buildings for library purposes. It also may appropriate land for library purposes if the owner and the board cannot agree upon terrrs, and dispose of land when, in its opinion, it is no longer needed for library purposes. Conveyances made by the board shall be executed in its name by its president and secretary. It may accept any gift, de- vise or bequest for the benefit of such library. No mem- ber of the library board shall be interested, directly or in- directly, in any contract made by the board. It shall report annually in v.riting to the board of education. (R. S. Sec. 3998-2.) Section 7639. Such board of library trustees annually, during tho month of May, shall certify to the board of education the amount of money needed for increasing, main- taining and operating the library during the ensuing year in addition to the funds available therefor from other sources. The board of education annually shall levy on each dollar of taxable property within such school district, in addition t(^ all other levies authorized by law, such assessment not ex- ceedin;( one mill, as shall be necessary to realize the sum so certified, which must be placed on the tax duplicate and col- lected as other taxes. (96 v. 9 § 4.) SiXTiON ^640. The proceeds of such tax will consti- tute a fund to be known and designated as the library fund. Payments therefrom shall be made only upon the warrant of the library board of trustees, signed by the president and secretary thereof. (96 v. 9 § 4.) Section 7641. The board of education in any city, village, tow^nship or special school district may contract annu- ally with any library corporation or other organization own- ing and maintaining a library or with any board of trustees appointed by authority of law, having the management and control of a libraiy, for the use of such library by the resi- dents of such district and it annually may levy a tax not ex- ceeding one mill on the taxable property of such district to pay therefor. Sudi board of education shall require an annual report in writing from such library corporation or other organization or board of trustees. (As amended May 10, 1910.) Section 7642. The board of education of any school district of the state, in which there is not a public library operated under public authority and free to all the residents of such district annually may appropriate not to exceed two hundred and fifty dollars from its contingent fund for the May acquire land. Library fund;. how provided and main- tained. Payments from libranr fund. Board of education may contract with library association for use of library,. School IJbrarv. S6 SCHOOL HOUSES AND LIBRARIES. purchase of books, other than school books, for the use and improvement of the teachers and pupils of such school dis- trict. The books so purchased shall constitute a school libra- ry, the control and management of which shall be vested in the board of education, which may receive donations and be- quests of money or property therefor. (96 v. 9 § 6.) ^i^,5Puni Secti>n 7643. The board of education of any school district, or board of trustees managing and controlling a li- 1)rary in any school district, may found and maintain a museum in connection with and as an adjunct to such li- brary, and for such purpose may receive bequests and do- nations of money -or other property. (96 v. 9 § 7.) CHAPTER 3. SCHOOLS AxND ATTENDANCE. Section 7644. Elementary schools; minimum and max- imum school weeks. 7645. Graded course of study. 7646. One school to be in each subdistrict. 7G47. Normal school. 7C48. Elementary school defined. 7649. High scliool defined. 7650. College defined. 7651. High schools classified. 7652. ^First grade. 765:^. .Second grade. 7654. Third grade. 7655. Elementary grade. 7656. Diploma to be given to graduates. 7657. Certificate as to grade of school. 766S. Admission to professional school; ex- ception. 7659. Who eligible to take examination for ad- mission to bar or to enter professional school; exception. 7660. Information as to character of high school. 7661. Certificate as to grade of school; with- holding approval. 7662. Penalty for failure to give information. 7663. Any board of education may establish high school. 7664. Discontinuance thereof. 7665. Management and control of township high schools. 7666. School houses. 7667. Admission of pupils. 7668. Estimate of funds needed. 7669. Union of districts for high school pur- poses. 7670. High-school committee. 7671. Funds, how provided. 7672. Tax levy, five mills. 7673. Tax levy, for support of municipal uni- versity. 7674. Admission of high school graduates. 7675. Disposition of funds. 7676. Schools at children's homes, orphans' asylums and infirmaries. 7677. Management of such schools. 7678. Costs. 7679. Evening schools. 7680. Attendance by person more than twenty- one years old. 7681. Who may be admitted to school free. 7682. Non-resident pupils. 7683. Crediting of school tax on tuition. 7684. Assignment of pupils. ^ _ j 7685. Suspension and expulsion of pupils. | 7686. Vaccination of pupils. _ j 7687. Dismissal of school on holidays. 7688. Arbor day. i 7689. School year, month, and week. 7690. Control of schools vested in boards. 7691. Terms. : 7692. Medical inspection. 7693. Compensation. 7694. Director of schools. ; 7695. Powers. \ 7696. Duties. | 7697. Compensation. I 7698. May suspend or remove director. I 7699. .-\ppointees; clerk's duty. [ 7700. Resignations. 7701. Dismissals. 7702. Superintendent of city school district. 7703. Powers and duties. , 7704. "Service fund." i 7705. Superintendent of village, township, or ' special school district. Section 77> 6. Powers and duties. 77C7. General duties of teachers. 7708. Teachers dismissed for insufficient cause. 7709. Filing and preservation of copies and prices of school books. 7710. ^laximum price; notification of pub- lisher. 7711. Notices to boards. 7712. Violation of agreement by publisher. 7613. Text books, how determined; five year term. 7714. Text books, of whom ordered. 7715. Board of education, power and duties of* 7716. Old books,. purchase of. 7717. Appropriation. 7718. Sales agents, who may not be. 7719. Purchase of Howe's Historical Collec- tions of Ohio. 7720. Care and preservation of books. 7721. Physical culture in schools. 7722. Powers of board of education, as to manual training, etc. 7723. Instruction as to eflfect of alcoholic drinks on the human system. 7724. Provision therefor. 7725. Instruction of teachers. 7726. Examination of teachers required. 7727. Duty of commissioner of common schools. 7728. Forfeiture for failure to give instruc- tion. 7729. When German language may be taught. 7730. Suspension of schools in subdistricts; conveyance of pupils. 7731. Centralization, notice required. 7732. Conveyance of pupils in special districts. 7733. Conveyance of pupils in village districts. 7734. Pupils may be sent from one district to another. 7735. Attendance at nearest school. 7736. Expense per capita. 7737. Not to apply when schools are central- ized. 7738. Sufficient school accommodations to be provided. 7739. Free school books. 7740. Examination for entering high school. 7741. Preparation of questions. 7742. Township commencement. 7743. Who to take part in commencement. 7744. County commencement; diploma. 7745. Compensation of county examiner and clerk. 7746. Expense of commencement. 7747. Diplomas, effect of, as to tuition. 7748. Third grade high school, duty of board to graduates. 7749. Transportation to high school. 7750. Agreement, effect of, as to tuition. 7751. Tuition, how paid. 7752. What shall constitute a high school. 7753. Inspectors, appointment and duties o.f. 7754. Field agents, report of. SCHOOLS FOR THE DEAF. 7755. Establishment of schools for the educa- tion of the deaf. 7756. Report to state commissioner of schools. 7757. How expense of school defrayed. 7758. Payment of expenses. 7759. Appointment and qualifications of teach- ers. 7760. Who shall be considered as deaf. 7761. Inspection of schools for deaf. Section 7644. Each board of education shall establish fJSs;'^'^ a sufficient number of elementary schools to pnovide for the minimum and free education of the youth of school age within the district SoT^weeks. 87 S8 SCHOOLS AND ATTENDANCE. under its control, at such places as will be most convenient for the attendance of the largest number thereof. Fivory elementary day school so established shall continue not less than thirty-two nor more than forty weeks in each school year. All the elementary schools within the same school district shall be so continued. (R. S. Sec. 4007.) Section 7644-1. The board of education in any city school district may establish such special elementary schcjols as it deems necessary for youth of school age who arc af- flicted with tuberculosis, and may cause all youth, within such district, so afflicted, to be excluded from the regular elementary schools, and may provide for and pay from the school funds, the expense of transportation of such youth to and from such si:)ecial schools. (Passed May 10, 1910.) Graded course of study. Section yOi]^. Boards of education are required to prescribe a graded course of study for all schools under tiieir control in the branches named in section seventy-six hundred and forty-eight, subject to the approval of the state com- missioner of common schools. (R. S. Sec. 4007.) Neglect to SECTION 12900. Whoever, being a principal or person in instruct pupils charge of a public or private school or educational institution in fire drills. having an average daily attendance of fifty or more pupils, wil- fully neglects to instruct and train such pupils by means of drills or rapid dismissals at least orxe a month while such school or institution is in session, si that such pupils, in a sudden emer- gency may leave the school building in the shortest possible time and without confusion, or v/ilfully neglects to keep the doors and exits of such building unlocAcJ during school hours, shall be fined not less than five dollars nor more than twentv dollars for each offense. (99 v. 231 §§ 1, 2.) Same as to dangers of fire. Dnty of state fire marshal. Section 12901. Whoever, being a teacher or instructor in a public, private or parochial school, wilfully neglects to devote less than thirty minutes in each month during which such school is in session to instructing the pupils thereof between the ages of six and fourteen years, as to dangers of fire, shall be fined not less than five dollars nor mere than twenty dollars. (99 v. 231 §§ 1, 2.) Section 12902. The state fire marshal shall prepare a book for the purpose of the instruction of pupils provided in the next two preceding sections. Such book shall be conveniently arranged in a sufficient num.ber of chapters or lessons to provide a different one thereof for each week of the maximum school year. One of such chapters or lessons shall be read each week Jjy the teacher in such school. (99 v. 231 § 1.) Duty of school SECTION 12903.. Such books shall be published at the ex- commissioner, pense of the state under the direction of the state school commis- sioner, who shall furnish a copy thereof to each teacher required to give such instruction. (99 v. 231 § 1.) Excepiions SECTION 12904. The next four precedi'^f? sections shall not to same. apply to colleges and universities. (99 v. 232 § 4.) ^fanual to be issued. Section 12905. The members of the boards of _ education, school directors, trustees or other body of persons having control of the schools of a township, village or city shall cause a copy of the next five preceding sections to be printed in the manual or handbook prepared for the euidance of teachers, where such manurl is in use. (00 v. 232 § 3.) SCHOOLS AND ATTENDANCE. 89 Section 7646. Each township board of education One school to shall establish and maintain at least one elementary school subcHsirfct! in each subdistrict under its control, unless .transportation is furnished to the pupils thereof as provided by law. (R. S. Sec. 4007.) Change of boundaries and suspension of schools in sub-districts, con- veyance of pupils; see Sees. 7730-7732. In determining the question as to how mny schools are necessary in the districts, either of townships, villages, or cities, three things ■ should be con- sidered: 1. Convenience of access. 2. Economy in expenditure. 3. A propcr giading and classification of the pupils, in cases where grading is possible. There is no reason why two or more school houses or two or more school rooms may not be provided in a sub-district. • Section 7647. The board of education in any city Normal school district may establish and maintain a normal school school, within its district, and also establish and maintain such summer or vacation schools, school gardening and play grounds as to it seems desirable. (R. S. Sec 4007.) Section 7648. An elem.entary school is one in which Elementary instruction and training are given in spelling, reading, writ- f^°^^ ^^' ing, arithmetic, English language, English grammar and composition, geography, history of the United States, includ- ing civil government, physiology and hygiene. Nothing herein shall abridge the power of boards of education to cause instruction and training to be given in vocal music, drawing, elementary algebra, the elements of agriculture and other branches which they deem advisable for the best interests of the schools under their charge. (R. S. Sec. 4007-1.) Iligli school defined. Section 7649. A high school is one of higher grade than an elementary school, in which instruction and train- ing are given in approved courses in the history of the United States and other countries ; composition, rhetoric. English and American literature ; algebra and geometry ; natural science, political or mental science, ancient or mod- ern foreign langauages, or both, commercial and industrial branches, or such of the branches named as the length of its curriculum makes possible. Also such other branches of higher grade than those to be taught in the elementary schools, with such advanced studies and advanced reviews of the common branches as the board of education directs. (R. S. Sec. 4007-2.) Section 7650. A college is a school of a higher grade College than a high school, in which instruction in the high school ^-^^^d- branches is carried beyond the scope of the high school and other advanced studies are pursued, or a school in which special, technical or professional studies are pursued, and which, when legally organized, may have the right to con- fer degrees in agreement with the terms of the law regula- ting its practices or its charter ; or in the absence of legisla- tive direction, in agreement with the practices of the better institutions of learning of their respective kinds in the United States. (R. S. Sec. 4007-3.) •90 SCHOOLS AND ATTENDANCE. High schools classified. . ■"irst grade. Second grade. Third grade. Elementary grade. Diploma to be given to •graduates. 'Certificate as to grade of ■school. Admission to professional school ; ex- 1 i holidays. day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Mon- day in September, the twenty-fifth day of December, and on any day set apart by proclamation of the president of the United States, or the governor of this state as a day of fast, thanksgiving or mourning. (R. S. Sec. 4015.) A teacher is not bound by the provisions of a contract which are in contravention of law. He may dismiss his school on. legal holidays without forfeiture of pay, notwithstanding the clause in his contract providing salary by the day. Boards of education cannot compel teachers to make up for time lost on the above-mentioned days. Hiring teachers by the day does not affect their rights under this section. It is held in Michigan that "school management should* always conform to those decent usages which recognize the propriety of admitting to hold exercises on recognized holidays. All contracts for teaching during periods mentioned must be construed of necessity as subject to such days, and there can be no penalty laid upon such observances, in the way of forfeitures or reductions of wages." 89 Mich., 4S4. Section 7688. Not later than April the governor of the state shall appoint and set apart one day in the spring season of each year, as a day on which those .in charge of the public schools and institutions of learning under state control, or state patronage, for at least two hours must give information to the pupils and students concerning the value and interest of forests, the duty of the public to protect the birds thereof, and also for planting forest trees. Such day shall be known as Arbor day. (95 v. 38 § i.) Section 7689. The school year shall begin on the first day of September of each year, and close on the thirty- first day of August of the succeeding year. A school week shall consist of five days, and a school month of four school weeks. (R. S. Sec. 4016.) Boards of education cannot compel pupils to attend school, or teachers to teach the same, more than five days in any one week, and teachers cannot make up for Ipst time by teaching six days in a week without express authority from the board of education. Teachers have no right, without express authority of the board of edu- cation, to make up lost time bv teaching on Saturday or on a holiday. The custom is so well established of keeping the schools in session the five work- ing days of each week exclusive of Sa'^urday, and of dismissing on the holi- days named, that to change this custom would manifestly require action by the board. As the law does not prescribe the days of the week to be taught, the board may, under section 4750, authorize the intermission of school on Monday or any other day most convenient to the inhabitants. In a few distric's in Ohio, there is no session on Monday. 7 S. Tv ' Arbor dav. School year, month, and week. 98 SCHOOLS AND ATTENDANCE. Control of vSection 7690. Each board of education shall have in'boardr^^^'^ the management and control of all of the public schools 'of whatever name or character in the district. It may appoint a superintendent of the public schools, truant officers, and janitors and fix their salaries. If deemed essential for the best interests of the schools of the ditrict, under proper rules and regulations, the board may appoint a superintend- ent of buildings, and such other employes as it deems neces- sary, and fix their salaries. Each board shall fix the salar-ies of all teachers, which may be increased, but not diminished during the term for which the appointment is made. Teach- ers must be paid for all time lost when the schools in which they are employed are closed owing to an epidemic or other public calamity. (R. S. Sec. 4017.) Stipulation that teacher would not accept compensation for attending teachers' institute held void. Elizabeth Tp. (Bd. of Ed.) v. Burton, 30 O. C. C. 411 (11 N. S. 103.) See ex rcl. v. Wickham under 7CS4. Section 7690- t. All employes in each city school dis- trict shall be divided into two classes to be known as the classified and unclassified service. The unclassified. service shall include the position of officers elected by the people or appointed to fill vacancies in such offices; persons who by law are to serve without renumeration ; persons who are required by law to have a teacher's certificate; the superin- tendent of instruction, the director of schools and the clerk of the board of education, school physicians and nurses, secretaries, chief deputies in the offices of the director and clerk of the board of education, the chief truant officer, all unskilled labor when but temporarily employed, and such other appointees as the civil service commission may by rule determine. The classified service shall comprise all offices and positions not included in the unclassified service. (Passed April 26, 1910.) Section 7690-2. The civil service commissioners of each city shall be and arb hereby constituted the civil service commissioners of the board of education in each city school district and the board of education of such district shall provide for such clerical force, examiners, and the necessary expenses of such commissioners as may be necessary for the purpose of carrying out the provisions of this act. The civil service commissioners shall keep separate registers and records of all positions and appointments in the classified service of the board of education. All appli- * cants for admission into the classified service of the board of education shall be subject to examination, which shall be competitive, public and open to all residents of the city school district, with such limitations as to age, sex, resi- dence, health, habits and moral character as said commission may prescribe. The commission shall prepare rules and regulations adapted to carry out the purposes of this act, which rules and regulations shall provide for the grading of positions similar in character, so as to permit the filling of SCHOOLS AND ATTENDANCE. 99 positions in the highest grades as -far as practicable by pro- motions ; and shall provide for public examinations to ascer- tain the fitness of all applicants for appointments in the classified service, and the result of such examinations shall be accessible to all persons. Such applicants shall take rank upon the register of the commission as candidates in the order of their relative standing without reference to priori- ty of examination, and grades and standings so established shall remain thfe grades for a period of six (6) months or longer, if the commission so determine. (Passed April 26, 19TO.) Section 7690-3. Whenever an appointment is to be made to any position in the classified service, the board or officer shall notify the commission of any vacancy to be filled. The commision shall thereupon certify to such board or officer the three candidates the highest in the respective lists as shown by the result of such examination, and such board or officer shall thereupon appoint cne of the three so certified. Any candidate whose name shall have been certi- fied three times without appointment may be dropped from the register by the ^commission. (Passed April 26, 1910.) Section 7690-4. It shall be the duty of each appoint- ing officer or board to report to the civil service commission forthwith upon such appointment or employment the name of such appointee or employe, the title, the character of his employment, the date of the commencement of SQfvice, the salary or compensation thereof, and such other information as the commission may require in order to keep the roster herein provided ; and it shall be the duty of said commission to prepare, conduct and keep in its office a complete roster of all persons in the classified service of the board of educa- tion, which roster shall be open to inspection at all reason- able hours. It shall show in reference to each of said per- sons his name, the date of his appointment to or employ- ment in such service, his salary or compensation, the title of the position or office he holds, or nature of the duties thereof; and, in case of removal or resignation, the date of the termination of such service. (Passed April 26, 1910.) Section 7690-5. No officer or employe within the classified service who shall have been appointed under the provisions of this act or who shall have been continuously in the employment of the board of education for a period of three (3) years shall be removed, reduced in rank or dis- charged except ior some cause relating to his moral charac- ter or his suitableness and capacity to perform the duties of his position, though he may be suspended from duty without pay for a period of not exceeding thirty (30) days pending the investigation of charges against him. Such cause shall be determined by the removing authority and repoited in writing with a specific statement of the reasons therefor to the commission, but shall not be made public without the consent of the person discharged. Before such remo\-al, 30C SCHOOLS AND ATTENDANCE. recinclion or discharge shall become effective the removing authorit)' shall give such person a reasonable opportunity to know the charges against him and to be heard in his own be- half, and if such charges be not sustained by the commis- sion he shall be reinstated in his position. (Passed April 26, ]9io.) Section 7690-6. Nothing herein contained shall pre- vent the board of education of each city school district from defining the duties of its various employes, and prescribing the rules and regulations under which they shall serve nor from exercising proper supervision over them. Nor shall the board of education of such city school district be pre- cluded from securing labor or assistance for short periods within \t^ discretion in cases of emergencey. (Passed April 26, lOIO.) Terms. SECTION 769 1. No pcrsou shall bc appointed as a teacher for a term longer than four school years, nor for less than one year, except to fill an unexpired term, the term to begin within four months of the date of the ap- pointment. In making appointments teachers in the actual employ of the board shall be considered before new teach- ers are chosen in their stead. (R. S. Sec. 4017.) If a board of education require its committee on teachers or, in city ■districts, the superintendent, to report the teachers for re-appointment and the •newly appointed teachers on separate lists, the adoption of the report or the confirmation of the appointments by the superintendent is sufficient considera- tion as required by law The restriction that no contract is valid unless money is in treasury and set apart, does not apply to contracts authorized by the- provisions of law to be made for employing teachers and otli^r school employes; see Sec. 5660. Vote necessary to elect superintendent and teachers; Sec. 4752. The passage of a resolution to employ a certain teacher, notice sent to bim, and the party accepting and entering upon his duties, constitutes a valid contract between the school board and the teacher. 12 C. C, 249. Illegal provisions in a contract to employ a teacher, which are separate from the legal part and are not performed, do not invalidate his right to recover his salary, as where he was employed at a certain salary, with a provision that if he could not do the work alone he should have power to employ assistance at his own expense, but he performed the service without an assistant. 29 O. S., 161. A committee on teachers appointed by the board may make recommenda- tions to the board, but no teacher, or other employee, can be legally elected except at a meeting of the board of education, and by a majority vote of the entire board and after the manner directed in section 4752. If the rneeting is a special one, each member must have been notified' in accordance with the provisions of section 4751. The dismissal of a teacher or other employee is business and must be transacted at a regular or special meeting, and reasons therefor must be spread upon the minutes. If a teacher is employed for a definite time, and. during the period of his employment, the district officers close the schools on account of the prevalence of contagious diseases, and keep them closed for a time, and the teacher continues readv to perform his contract, he is entitled to full wages during such period. The act of God is not an excuse for non-performance of a contract, unless it renders performance impossible; if it merely makes it ^ difficult and inexpedient, it is not sufficient. Although under such circum- stances it is eminentlv prudent to dismiss school, yet this affords no reason why the misfortune of the district should be visited upon the teacher. Dewey V. Union School District of Alpena, 43 Mich., 4S0. A person who engages to teach for a definite term, and leaves the school without just cause, cannot sustain an action for services already ren- dered. 29 Vt., 219. It has been held in New York that absence of a teacher for a single day without consent of the trustees annuls the contract. New York Code of Instruction, pp. 705, 723. 731. But a teacher abandoning his school because not sustained by the trustees in the enforcement of reasonable rules is entitled to wages for the time taught. 7 Vermont. 452; 55 Mo., 149. The discharge of a janitor's duties is no part of a teacher's work; and, in the absence of a contract to perform such duties, he is under no legal SCHOOLS AND ATTENDANCE. ' lO^I obligation to do so, no difference what may have been the custom in the district, nor how long acquiesced in. The teacher cannot compel pupils to do any janitorial work, such as building fires or sweeping school houses. 97 111., 375. Many city boards of education have as one of their standing rules that all of their employees shall hold their positions at the discretion of the board. This condition in a contract with employees hired for a specified time is null and void. The statute names the causes for which an appointee may be dis- missed, and that appointee can be dismissed for no other. A rule of a board of education cannot override a state law. Instructor or teacher having sexual intercourse with female pupil; see Sec. 13C30. For definition of "term" as used in section 13030, see Esley v. State, 10 O. C. C, N. S., 169. Boards of education are authorized to adxspt and enforce necessary rule& and regulations for the government of schools under their management and control. Sewall v. 'Board of Education, 29 O. S., 89; see Sec. 4750. Where instruction in rhetoric is given in any grade or department of the school, and one of the rules adopted by the board for the government of the pupils therein provides that if any pupil should fail to be prepared with a rhetorical exercise at the time appointed therefor, he or she should, unless excused on account of sickness or other reasonable cause, be immediately suspended from such department, it was held that such a rule was reasonable. 29 O. S., 89. Section 7692. Any board of education in a city school Medical district niny provide for the medical inspection of pupils '"■p"'^-^^"- attending the public schools. For that purpose it can em- ploy competent physicians, nurses, and provide for and pay all expenses incident thereto from the public school funds, or by agreement with the board of health or other bordrc) or officer performing the functions of a board of health for such city. It may provide for medical and sanitary super- vision and inspection of the schools which are under the con- trol of such board of education and of the pupils attending such schools, by a competent physician selected by the par- ent or guardian of the child, but on failure of the parent or guardian, then by the district physicians and other employes to be appointed by such board of health. (R. S. Sec. 4018a.) Section 7693. A board of education in a city school Compensation, district making such agreement may provide and pay com- pensation to the employes of the board of health in addition to that provided by the city. (R. S. Sec. 4018a.) Section 7694. A board of education in a city school Director district, may elect a director of schools, who shall serve as such for the term of two years, unless earlier removed. A vacancy in this office shall be filled for the unexpired term thereof. (R. S. Sec. 4017.) Section 760s. As director of schools, he shall exe- cute for the board of education, in the name of the school district, its contracts and obligations, except that bonds issued must be signed by the president of the board, and attested by the clerk. He shall see that all contracts made by or with such board are fully and faithfully performed. Except teachers, assistant teachers, supervisors, principals, superintendent of instruction, clerk of the board of educa- tion, such director shall have the appointment subject to the approval and confirmation of the board of all employes, and may discharge them. He shall have the care and custody of all property of the school district, real and personal, ex- cept moneys, oversee the construction of buildings, in the of schools. Powers. \i¥l:-rli: SCHOOLS AND ATTENDANCE. Duties. Compensation. May suspend or remove director. Appointees; clerk's duty. process of erection, and the repairs thereof; and advertise for bids and purchase all supplies and equipments authorized by the board. (R. S. Sec. 4017.) Section 7696. Such director shall report to the board monthly, and oftener if required, as to all matters under his supervision, and report to the board a statement of its ac- counts, exhibiting the revenues, receipts, disbursements, assets and liabilities, the sources from which the revenues and funds are derived, and in what manner they have been disbursed. lie shall keep accurate account of taxes levied for school purposes, and of all moneys due to, received and disbursed byihe board; also, of all as,sets and liabilities and all appropriations made by it, and receive and preserve all vouchers for payments and disbursements made to or by the beard. He must issue all warrants for the payment of money from the school fund, but no warrant shall be issued for the payment of any claim until it has been approved by the board. The pay roll for teachers, assistant teachers and supervisors must be countersigned by the superintendent of instruction. Such director shall attend all meetings of the board, and perform all of its executive functions not here- inbefore excepted in defining the duties of the director of schools. He must devote such portion of his time to the duties of his office as is required by the board of education at or before his election, and give a bond for the faithful dis- charge of his duties as director of schools, in such sum as the board determines, his sureties to be approved by it, which bond shall be deposited with the president of the board within ten days after his appointment. (R. S. Sec. 4017.) Section 7697. Such director shall receive such com- pensation, not exceeding five thousand dollars per annum, as is fixed by the board before his election, which shall not be changed during his term of office. (R. S. Sec. 4017.) Section 7698. By a two-thirds vote for cause, the board of education at any time may suspend or remove the director of schools, but such suspension or removal shall not be made unless the charges are preferred in writing, and an opportunity afforded to bring all offered pertinent testimony in as a defense, which testimony shall be received and con- sidered by the board and made a part of its records . (R. S. Sec. 40 17.) Section 7699. Upon the appointment of any person to any position under the control of the board of education, the clerk promptly must notify such person verbally or in writing of his appointment, the conditions thereof, and re- quest and secure from him within a reasonable time to be determined by the board, his acceptance or rejection of such appointment. An acceptance of it within the time thus de- termined, shall constitute a contract binding both parties thereto until such time as it may be dissolved, expires, or the appointee be dismissed for cause. (R. S. Sec. 4017.) The statutes regulating the hiring lowed. Beck v. Rocky River Sch, Dist. of teachers, must be s (Bd-. of Ed.), 29 O. C. trictly fol- C, 717 (9 SCHOOLS AND ATTENDANCE. 103 Section 7700. All resignations or requests for release from contract by teachers, superintendents, or employes, must be promptly considered by the board, but no resignation or release shall become effective except by its consent. (R. S. Sec. 4017.) Section 7701. Each board may dismiss any appointee or teacher for inefficiency, neglect of duty, immorality, or improper conduct. No teacher shall be dismissed by any board unless the charges are first reduced to writing and an opportunity be given for defense before the iDoard, or a committee thereof, and a majority of the full membership of the board vote upon roll call in favor of such dismissal. (R. S. Sec. 4017.) Section 7702. The board of education in each city school district shall appoint a suitable person to act as super- intendent of the public schools of the district, for a term not longer than five school years, and to begin within four months of such appointment. (R. S. Sec. 4017a.) Section 7703. Upon his acceptance of the appoint- ment, such superintendent, subject to the approval and con- firmation of the board, may appoint all the teachers, and for cause suspend any person thus appointed until the board or a committee thereof considers such suspension, but no one shall be dismissed by the board except as provided in section seventy-seven hundred and one. But any city board of education, upon a three-fourths vote of its full member- ship, may re-employ any teacher whom the superintendent refuses to appoint. Such superintendent shall visit the schools under his charge, direct and assist teachers in the performance of their duties, classify and control the promo- tion of pupils, and perform such other duties as the board determines. He must report to the board annually, and oftener if required, as to all matters under his supervision, and may be required by it to attend any and all of its meet- ings. He may take part in its deliberations but shall not vote. (R. S. Sec. 4017a.) Section 7704. On the third Monday of every January the clerk of the board of education of a city school district shall certify to the board of education of which he is clerk, the number of pupils enrolled in the public schools of that district, whereupon the board of such city school district may by resolution set aside from the contingent fund a sum not to exceed five cents for each child so enrolled, such sum of money to be known as the "service fund" to be used only in paying the expenses of such members actually incurred in the performance of their duties ; such payments to be made only on statement of the several members furnished at the last meeting held in each month. (99 v. 322 § i.) Section 7705. The board of education of each village, township and special school district may appoint a suitable person to act as superintendent, and to employ the teachers of the public schools of the district, for a term not longer Resignations. Dismissals. Superintend- ent of city school dis- trict. Powers and duties. "Service fund." Superintend- ent of village, (ownship, or 'pecial school district. ro4 sct:ools and attendance. than three school years, to begin within four months of the date of appointment. But nothing herein shall prevent two . or more districts uniting and appointing the same person as superintendent. (R. S. Sec. 4017a.) Poxyers and SECTION 77o6. Upou his acceptaucc of the appoint- duties. ment, such superintendent may visit the schools under his charge, direct and assist teachers in the performance of their duties, classify and control the promotion of pupils, and perform such other duties as the board determines. He shall report to the board of education annually, and oftener if required, as to all matters under his supervision, and may be required by it to attend any and all of its meetings. He may take part in its deliberations, but shall not vote. But any board may permit or require the superintendent to devote a portion of his time to teaching, subject to its rules and regulations. (R. S. Sec. 4017a.) General duties SECTION 7707. Teachers must excrcisc reasonable care of teachers. {^i regard to school property, apparatus, and supplies intrust- ed to their keeping. They shall strive to guard the health any physical welfare of the pupils in their schools, give sufficient instruction in the studies pursued, an dendeavor to maintain good discipline over all the pupils under their charge. But no teacher shall be required by any board to do the janitor work of any school room or building, except as mutually agreed by special contract, and for compensa- tion in addition to that received by him for his services as teacher. (R. S. Sec. 4018.) A teacher may decline to perform janitor service until the board makes a special contract with him for such service for compensation in addition to his salary as teacher A teacher required by a board of education to do janitor work without having made a special contract so to do, and without extra compensation therefor, may recover the reasonable value of such services from such board. 16 O. D. N. P., 414. Teachers dis- SECTION 7708. If the board of cducatiou of any dis- sufficient°' '" t^^^t dismisses a teacher for any frivolous or insufficient cause. reason, the teacher may bring suit against such district. If, on trial of the cause a judgment be obtained against the district, the board thereof shall direct the clerk to issue an order upon the treasurer for the sum so found due to the person entitled thereto, to pay it out of any money in his hands belonging to the district, applicable to the payment of teachers. In such suits process may be served on the clerk of the district, and service upon him shall he sufficient. (R. S. Sec. 4019.) X^ Since possession of a certificate is prima facie evidence of competency ^'~~~-~-,^^^ and good character the burden of sustaining a charge against the teacher ^~"^~-^ for inefficiency, neglect of duty immorality or improper conduct is thrown upon the person or persons preferring such' charges. Filing and SECTION 7709. Any pubHshcr or publishers of school- preservation books iu the United States desiring to offer school-books prices^of ^" for use by pupils in the common schools of Ohio as herein- school-books after provided, before such books may be lawfully adopted and purchased by any school board, must file in the office of the state commissioner of common schools, a copy of each book proposed to be so offered, together with the published SCHOOLS AND ATTENDANCE. 105 list wholesale price thereof. No revised edition of any such book shall be used in common schools until a copy of such edition has been filed in the office of the commissioner to- gether with tlie published list wholesale price thereof. The commissioner must carefully preserve in his office all such copies of books and the prices thereof. (92 v. 282 § i.) Section 7710. When and so often as any book and the price thereof is filed in the commissioner's office as provided in the next preceding section, a commission consisting of the governor, secretary of state and state commissioner of com- mon schools, immediately shall fix the maximum price at which such books may be sold to or purchased by boards of education, as hereinafter provided, which price must no't exceed seventy-five per cent of the published list wholesale price thereof. The state commissioner of common schools immediately shall notify the publisher of such book so filed, of the maximum price fixed. If the pubhsher so notified, notifies the commissioner in writing that he accepts the price fixed, and agrees in writing to furnish such book dur- ing a period of five years at that price, such written ac- ceptance and agreement shall entitle the publisher to offer the book so filed for sale to such boards of education. (92 V. 282 § 2.) Maximu price; n tion of lisher. otifica- pub- Section 771 1. Such commissioner, during the first half of the month of June, in each year, must furnish to each board of education the names and addresses of all publishers Avho during the year ending on the first day of the month of June in each year, agreed in writing to fur- nish their publications upon the terms above provided. A board of education shall not adopt or cause to be used in the common schools any book whose publisher has not complied, as to such book, wdth the provisions of law relating there- to. (92 V. 282 § 3.) Notices to boards. Section 7712. If a publisher w^ho agreed in writing to furnish books as above provided, fails or refuses to fur- nish such books adopted as herein provided to any, board of education or its authorized agent upon the terms herein provided, such board at once must notify such commission qf such failure or refusal, and it at once shall cause an in- vestigation of such charge to be made. If it is found to be true the commission at once shall notify such pubhsher and each board of education in the state that such book shall not thereafter be adopted and purchased by boards of education. Such publisher shall forfeit and pay to the state of Ohio five hundred dollars for each failure, to be recovered in the name of the state, in an action to be brought by the attorney- general, in the court of common pleas of Franklin county, or in any other proper court or in any other place where service can be made. The amount, when collected, must be paid into the state treasury to the credit of the common school fund of the state. (92 v. 283 § 4.) \'iolation of agreement by- publisher. io6 SCHOOLS AND ATTENDANCE. Text books; how deter- mined; five- year term. Text-book of whom ordered. Board of education, power and duties of Old books, purchase of. Section 7713. At a regular meeting, held between the first Monday in February and the first Monday in August, each board of education shall determine by a majority vote of all members elected the studies to be pursued and which of such text-books so filed shall be used in the schools under its control. But no text-books now in use or hereafter adopted shall be changed, nor any part thereof altered or re- vised, nor any other text-book be substituted therefor for five years after the date of the selection and adoption there- of, as shown by the official records of such boards, except by the consent at a regular meeting, of live-sixths of all members elected thereto. Bookg so substituted shall be adopted for the full term of five years. (99 v. 460 § 5.) Injunction lies to restrain illegal change in school text-books. Lenhart V. Newton Tp. (Bd. of Ed.) 18 Dec. 825 (5 N. S., 129). Section 7714. Each board of education shall cause it to be ascertained, and at a regular meeting determine which, and the number of each of such books the schools under its charge require, and cause an order to be drawn for the amount in favor of the clerk of the board of educa- tion, payable out of the contingent fund. Such clerk at once shall order the books so agreed upon by the board, of the publisher, who on the receipt of such order must ship them to the clerk without delay. He forthwith shall examine the books, and, if found right and in accordance with the order, remit the amount to the publisher. The beard of education must pay all charges for the transportation of the books, out of the school contingent fund. But if such boards of education at any time can secure of the publishers books at less than such maximum price, they shall do so, and with- out unnecessary delay may make effort to secure such low- er price before adopting any particular text-book. (99 v. 460 § 5.) Section 7715. Each board of education shall make all necessary provisions and arrangements to place the books so purchased within easy reach of and accessible to all the pupils in their district. Eor that purpose it may make such contracts; and take such security as it deems necessary, for the custody, care and sale of such books and accounting for the proceeds; but not to exceed ten per cent, of the cost price shall be paid therefor. Such books must be sold to. the pupils of school age in the district, at the price paid the publisher, and not to exceed ten per cent, therefor add- ed. The proceeds of sales shall be paid into the contingent fund of such district. Boards also may contract with local retail dealers to furnish such books at prices above specified, the board being still responsible to the publishers for • all books purchased by it. (99 v. 460 § 5.) Section 7716. When pupils remove from any district, and have text-books of the kind adopted in such district and not the kind adopted in the district to which they re- move, and wish to dispose of them, the board of the district SCHOOLS AND ATTENDANCE. 107 from which they remove, if requested, shall purchase them at the fair value thereof, and resell them as other books. Nothing herein shall prevent the board of education from furnishing free books to pupils as provided by law. (99 v. 460 § 5.) Section 7717. For the purpose of carrying into effect Appropriation, the foregoing provisions, and paying the expenses incident thereto, there is hereby appropriated out of any money in the state treasury, to the credit of the general revenue fund, not otherwise appropriated, the sum of five hundred dollars, to be disbursed and paid on the allowance and order of the commissioner of common schools. (99 v. 460 § 5.) Section 7718. A superintendent, supervisor or princi- Saies agents, 1 1 11 -111-1 • • 1 111 who may not pal, employed by any board of education m the state shall be. not act as a sales agent, either directly or indirectly, for any person, firm or corporation whose school text books are filed with such state commissioner, for use in the public schools of the state, as provided by law. A violation of this pro- vision shall work a forfeiture of their certificates to teach in the public schools of Ohio. (^99 v. 46b § 5.) Section 7719. Boards of education of city, village. Purchase of township and special school districts in the state may pur- toS^Co/-^ chase for each school in either of such districts one copy of ohfo°"^ °^ ''Howe's Historical Collections of Ohio," -to be used as a reference book in the study of the histor}^ of the state. But such work in quality, style, binding and finish must be equal to the present published edition thereof, bound in half Rus- sia leather, and shall not cost to exceed three dollars per volume, for each set of three volumes. The price of the books and cost of transportation shall be paid out of the contingent fund of such district. (89 v. 241 §1.) Section 77^0. During the vacations of schools, or Care and when they are ont in session such books shall be taken care orbo7ks.*°" of in th^ same manner that maps, globes, dictionaries and other school apparatus are cared for and preserved. (89 V. 241 § 2.) Section 7721. Physical training shall be included in Physical the branches regularly to be taught in public schools in city schools, school districts, and in all educational institutions supported wholly or in part by money received from the state. -Boards of education of city school districts, and boards of such educational institutions must make provisions in the schools and institutions under their jurisdiction for teaching phys- ical training, and adpot such methods as will adapt it to the capacity of pupils in the various grades therein. Other boards may make such provisions. The curriculum in all normal schools of the state shall contain a regular course on physical education. (97 v. 364 §1.) Section 7722. Any board of education may establish ^^^^l^^f'^du- and maintain manual training, domestic science, and com- cation as to mercial departments ; agriculture, industrial, vocational and Sg? etc. "^^'^ io8 SCHOOLS AND ATTENDANCE. Instruction as to effect of alcoholic drinks on the human system Provision therefor. I US', ruction of teachers. Examination of teachers required. Duty of com- missioner of common scliools. Forfeiture for failure to give in- struction. W'lien German language* may be taught. trades schools, also kindergartens, in connection with the public school system; and pay the expenses of establishing and maintaining such schools from the public school funds, as other school expenses are paid. (lOO v. 17 § i.) Section 7723. The nature of alcoholic drinks and oth- er narcotics, and their effects on the human system, in con- nection with the various divisions of physiology and hygiene, shall be included in the branches to be regularly taught in the common schools of the state, and in all educational in- stitutions supported wholly, or in part, by money from the state. (94 V. 396 § I.) Section 7724. Boards of education, and boards of such educational institutions shall make suitable provisions for this instruction in the schools and institutions under their respective jurisdictions, giving definite time and place- therefor in the regular course of study ; adopt such methods as will adapt it to the capacity of pupils in the various grades ; and to corresponding classes as found in ungraded schools. The same tests for promotion shall be required in this as in other branches. (94 v. 396 §1.) Section 7725. In all teachers' institutes, normal schools and teachers' training classes, hereafter established by the state, adequate time and attention shall be given to instruction in the best methods of teaching such branch. (94 V. 396 §2.) Section 7726. No certificate shall be granted to any person to teach in the common schools, or in any education- al institution supported by the state who does not pass a satisfactory examination on such subject, and the best methods of teaching it. (94 v. 396 § 2.) Section ']'/2'j. The state commissioner of common- school shall see that the provisions in the next two preced- ing sections relating to county teachers' institutes, and schools and classes by whatever name hereafter established for training teachers, and the examination of teachers, are carried out. Each year, he must make full report of the en- forcement of such sections in connection with his annua! report. (94 v. 396 § 2.) Section 7728. Any school official, or employe in any way concerned, in the enforcement of the next five preced- ing sections who wilfully refuses or neglects to provide for, or to give the instruction as to the nature and effect of alco- holic drinks and other narcotics, hereinbefore required, shall forfeit and pay for each offense the sum of twenty-five dol- lars. Mayors, justices of the peace and probate judges shall have concurrent jurisdiction with the common pleas court to try all such offenses. All forfeitures collected hereunder must be paid into the general county school fund of the county in which it was collected. (94 v. 397 § 3.) Section 7720. Boards of education may provide for •the teaching of the German iangauge in the elementary and SCHOOLS AND ATTENDANCE. 109 high schools of the district over which they have control, but it shall only be taught in addition, and as auxiliary to, the English language. All the common branches in the pub- lic schools must be taught in the English language. (R. S. Sec. 4021.) Section 7730. The l^oard of education of any town- ship school district may suspend the schools in any or all subdistricts in the township district. Upon such suspen- sion the board must provide for the conveyance of the pupils residing, in such subdistrict or subdistricts to a public school in the township district, or to a public school in another dis- trict, the cost thereof to be paid out of the funds of the township school district. Or, the board may abolish all the subdistricts providing conveyance is furnished to one or more central schools, the expense thereof to be paid out of the funds of the district. No sub-district school where the average daily attendance is twelve or more, shall be so sus- pended or abolished, after a vote has been taken under the provisions of law therefor, when at such election a majority of the votes cast thereon were against the proposition of centralization, or when a petition has been filed thereunder and has not yet been voted upon at an election. (R. S. Sec. 3922.) The courts will not interfere with the discretion of township boards of education in suspending schools in subdistricts. 17 O. D. N. P., 269. Section 7731. No township schools shall be central- ized under the next preceding section by the board of educa- tion of the township until after sixty days' notice has been given by the board, such notices to be posted in a conspicu- ous place in each subdistrict of thei:ownship. When trans- portation of pupils is provided for, the conveyance must pass within at least the distance of one-half of a mile from the respective residences of all pupils, except when such residences are situated more than one-half of a mile from the public road. But transportation for pupils living less than one and one-half miles, by the most direct public high- way, from the school house shall be optional with the board of education. (R. S. Sec. 3922.) Section 7732. Boards of education of special school districts may provide for the conveyance of the pupils of such districts to the school or schools of the districts or to • a school of any adjoining district, the expense thereof to be paid from the school fund of the special school districts. But boards of education of such districts as provide trans- portation for the pupils thereof, shall not be required to transport pupils living less than one mile from the school- house; and sucK boards of education shall not discriminate between different portions of said districts or between pupils of similar ages Or residing at similar distances from the school-house. (R. S. Sec. 3934, as amended April 2J, IQIO.) Section 7733. At its option, the board of education in any villasfe school district may provide for the conveyance of the pupils of the district or any adjoining district, to the Suspension of schools in subdistricts; conveyance of pupils. Centralization, notice re- quired. Conveyance of pupils in special dis- tricts. Conveyance of pupils in village dis- tricts. no SCHOOLS AND ATTENDANCE. Pupils may be sent from one district to another. Attendance at nearest school. Expense per capita. Not to apply when schools are central- ized. Sufficient school ac- commodations to be pro- vided. school or schools of the district, the expense of conveyance to be paid from the school funds of the district in which such pupils reside. But such boards as so provide trans- portation, shall not be required to transport pupils living less than one mile from the school house or houses. (As amend- ed May 10, 1910.) Section 7734. The board of any district may contract with the board of another district for the admission of pupils into any school in such other district, on terms agreed upon by such boards. The expense so incurred shall be paid out of the school funds of the district sending such pupils. (R. S. Sec. 4022.) Who may be admitted to the public schools; see Sec. 4013. The contract must be express, merely permitting the attendance of a non- re»ci*ht pupil creates no liability. "50 O. S., 439. Section 7735. When pupils live more than one and one-half miles from the school to which they are assigned in the district where they reside, they may attend a nearer school in the same district, or if there be none nearer there- in, then the nearest school in another school district, in all grades below the high school. In such cases the board of education of the district in which they reside must pay the 'tuition of such pupils without an agreement to that effect. But a board of education shall not collect tuition for such attendance until after notice thereof has been given to the board of education of the district where the pupils reside. Nothing herein shall require the consent of the board o^f education of the district where the pupils reside, to such at- tendance. (R. S. Sec. 4022a.) The foregoing section does not require the board of education to admit pupils to a school outside the district in which they reside unless the school in their district is more than a mile and a half from their residence, and more remote from their residence than the school to which admission is sought. Boyce v. Board of Ed., 76 O. S., 365. Section 7736. Such tuition shall be paid from either the tuition or the contingent funds and the amount per capita must be ascertained by dividing the total expenses of conducting the elementary schools of the district attended, exclusive of permanent improvements and repairs, by the total enrollment in the elementary schools of the district, such amount to be computed by the month. An attendance any part of a month will create a liability for the whole month. (R. S. Sec. 4022a.) Section 7737.^ When the schools of a district are cen- tralized or transportation of pupils provided, the provisions of the next two preceding sections shall not apply. (R. S. Sec. 4022a.) No contract between the boards is necessary. If .the receiving board give the permission, the sending board must pay, no permission of the sending board is necessary. 10 C. C, 617. The distance is to be measured by the most direct public highwav, from the school house to the nearest portion of the curtilage of the child's resi- dence. 58 O. S., 390. Section 7738. Every board of education in this state must provide sufficient accommodations in the public schools for all children in their districts compelled to at- gCIlOOLS AND ATTENDANCE. Ill tend the public schools under the provisions of this chapter. Authority to levy the tax and raise the money necessary for such purpose, is hereby given the proper officers charged with such duty under the law. (R. S. Sec. 4022-13.) Section 7739. Each board of education may furnish, free of charge, school-books, necessary to enable the parent or guardian, without expense therefor, to comply with the requirements oi>this chapter, to be paid for out of the con- tingent fund at its disposal. Such levy each year, in addi- tion if necessary to that otherwise authorized, as may be necessary to furnish such school-books free of charge to all the pupils attending the pubHc schools, is hereby authorized. But pupils wholly or in part supplied with necessary school- books shall -be supplied only as other or new books arc needed. All school-books furnished as herein provided, shall be the property of the district, and loaned to the pu- pils on such terms and conditions as each such board pre- scribes. (R. S. Sec. 4026.) Boards of education which furnish free text-books to pupils in the schools under their con'rol may pay record book of the trustees and be filed in the office of the secretary of state. (R. S. Sec. 3735.) Section 9934. The board of trustees of a university or college heretofore incorporated, and now under the. pat- ronage of four or more conferences or other religious bodies of any religious denomination, may accept the pro- visions of this and the nine succeeding sections, by resolu- tion adopted at a regular meeting of the board, and entere ^ upon the record of its proceedings. After such acceptance the board in all respects shall be organized, constituted, regulated, and perpetuated, under and pursuant to such provisions. No right acquired by such board, university or college, under its charter, or any law of this state, shall i 1 any way be affected thereby. (R. S. Sec. 3736.) Section 9935. At a meeting of such board held after ^^.,^5^^^^ j,, a vacancy occurs therein it shall fill it, or if more than one be divided vacancy has occurred, then one of them, by appointing the president of the university or college a trustee, and the president of such university or college, shall, ex-ofBcio, be a trustee perpetually thereafter. At such meeting the board also shall divide its number, excluding such president, an I including all vacancies except the one he is so appointed to fill, into classes, corresponding in number to the number of conferences or other, religious bodies at the time patron- izing such university or college, such classes to have in eacli an equal number of trustees, as near as may be and assign one of s-uch classes to each of the conferences or other religious bodies, who thereafter may fill all vacancies in the class so assigned to it. (R. S. Sec. 3737.) into classes. Section 9936. When such classes of trustees are formed, the term of ofifice of one of the trustees in each class, to be selected by lot in open session of the board of trustees, shall expire each year, and the persons thereafter elected as trustees shall act as such for a term of years equal in number to the number of trustees in any class, ex- cept as hereinafter provided. The term of ofifice of a trus- tee shall not expire during a meeting of the board whicli does not continue for more than two weeks ; and vacancies Term of of- fice of trus- tees; vacan- cies. 1 86 EDUCATIONAL. When board ■enlarged. When num- "ber in class reduced. which occur in any class of trustees otherwise than by the expiration of term of office shall be filled only for the re- mainder of the term. (R. S. Sec. 3738.) Section 9937. If the number of the conferences or other religious bodies patronizing such university or college, the board of trustees of which has been divided into classes as hereinbefore provided, be increased to not exceed- ing six, the board of trustees shall be enlarged to the ex- tent of one additional class of trustees for each of such additional conferences or other religious bodies, sucli ad- ditional classes to have in each a number of trustees equal to the number in any one of the former classes. Each of such additional conferences or other religious bodies may elect as members of the board, the number in its class, one for one year, one for two years and one for three years, and so on to the extent of the number; and each also fill .any vacancy in its class. Such board of trustees, composed according to the foregoing provisions, and as provided in section ninety-nine hundred and forty-five, without regard to the number of members so composing it, may increase its own numbers by the election of trustees at large, not ex- ceeding the number of conferences or other religious bodies co-operating with or patronizing such university or college, and divide such trustees at large into classes, at its discretion. (R. S. Sec. 3739.) Section 9938. If the number of such patronizing conferences or other religious bodies at any time exceeds six, the representation of each shall be reduced by lot, in open session of the board of trustees, to a class of three trustees, if they exceed that number, who thereafter shall be elected to serve as trustees for the term of six years, and in that case the term of office of one trustee in each class will expire every second year. (R. S. Sec. 3740.) How a con- ference may ■become a patron. Patronizing Ijodies may api)oint visitors. Section 9939. A conference or other religious body, not patronizing a particular university or college, may be- come such patronizing conference or religious body, by and with the consent of the conferences or other religious bodies at the time patronizing such university or college. (R. S. Sec. 3741.) Section 9940. Each conference or other religious body patronizing a particular university or college, annu- ally may appoint two visitors, and the board of trustees of a college or university, at the time of its organization, by resolution, adopted and entered on its records may pro- vide for the appointment of two visitors by each confer- ence or other religious body patronizing such college or university. Such visitors shall attend the m^eetings of the board of trustees of such university or college, and, with the trustees, constitute a joint board for the appointment and removal of all officers, professors, and instructors of the university or college. (R. S. Sec. 3742.) ED L" CATION A L. 187 Section 9941. If a conference or other religious body patronizing a university or college, and having a representa- tion in its board of trustees, ceases to exist, or to patronize such institution, the right of such conference or other re- ligious body to such representation shall cease, and its board of trustees be thereby and to that extent reduced in num- bers. (R. S. Sec. 3743.) Section 9942. Before a conference or other religious body not represented in the board of trustees of a univer- sity or college shall be entitled to be represented therein, and before a conference or other religious body represented therein shall l^e clei^rived of such representation as provided in the next preceding section, the board shall declare, and •enter in the record of its proceedings, that the conditions and contingencies hereinbefore provided for in that behalf have taken place. (R. S. Sec. 3744.) Section 9943. Eleven trustees shall constitute a quorum of the board of any such university or college, whatever the number of trustees if more than twenty is or may become : but when the number is twenty or less, a ma- jority thereof shall constitute a quorum. (R. S. Sec. 3745.) Section 9944. The board of trustees of a university or college which has accepted or accepts the provisions of the ten preceding sections, may accept the provisions of the three succeeding sections by resolution adopted at a regular meeting thereof, and entered upon the record of its pro- ceedings. Thereafter the board, and the university or col- lege, shall be subject to the provisions of such sections. (R. S. Sec. 3746.) Section QQjc;. /'N f ter such acceptance by the board of a university or college, the alumni thereof composing its alumni association, may elect as members of the board of trustees of such college or university, members of such as- sociation, in numbers equaling the numbers of the confer- ences co-operating with or patronizing such university' or college, and divide such alumnal trustees into classes, and perpetuate them. At the same time such alumni may elect as visitors members of their association equaling in num- bers one-half of the numbers of the conferences or other religious bodies co-operating with or patronizing such uni- versity or college, who shall have the same powers and duties as visitors appointed by such conference or other religious body. When women are members of the alumnal association so electing, they shall be eligible as visitors. The board of trustees shall be judge of the validity of the election and the returns thereof, of trustees and visitors elected under this section. (R. S. Sec. 3747.) - -. Section 9046. The election of trustees- and visitors by the alumni shall be by ballot, and held each year, begin- ning the year after such acceptance, on the secular day next before the dav of commencement of such universitv When right of representation ceases. Action to be taken by board. Quorum; how constituted. Who may have benefit of sub- sequent pro- visions. Alumni may elect trustees and appoint visitors. Conduct of election. r88 EDL'CATiu.\.\r>. or college, at such place in a building on its grounds as is designated by the president of the alumnal association b}^ written notice posted the day before the election in at least two public places on such grounds. The polls shall be opened at the hour named in such notice, which shall not be later than three o'clock afternoon, and be kept open for two hours thereafter. The election shall be conducted by three judges and two clerks; who are members of the asso- ciation and chosen by the members present at the place of voting at the time for opening the polls. They sh'all cer- tify to the board of trustees the result of such election, with a list of the members voting thereat; Each ballet shall con- tain tlie names of the persons voted for, the office which each is fo fill and a designation of the term for which he is to serve. At such election all members of the alumnal association of such university or college shall he entitled to vote. Members not in attendance may exercise their right by sending ballots conforming to the foregoing provisions, with their names thereon indorsed, and addressed under seal to the president of such association. (R. S. Sec. 3748.) Returns and SECTION 9947- After the polls are closed the result efectio^n.^^ ° shall be ascertained and certified to by the judges and clerks, and the person or persons, not exceeding the num- ber to be elected, who received the highest number of votes therefor, shall be declared elected as trustee as designated on the ballot. The two persons who receive the highest number of yotes for visitors shall be declared elected, but their terms of office shall not begin until after the final adjournment of the regular meeting of the trustees for that year. If any two or more persons receive an equal number of votes for trustee or visitor, one of them, as is determined by lot by the judges, in the presence of all the electors who wish to be present, shall be the trustee or visitor, and be so declared. DupHcate certificates of election shall be signed by the judges and clerks, and delivered by them, one to each of the persons elected, and the other, with the p^oll- books duly certified by the judges and clerks, to the secre- tary of the board of trustees of the university or college, the next day after the election, which certificate he shall enter of record in the book containing the proceedings of the board of trustees. (R. S. Sec. 3749.) Endowment Section 0048. The trustees of a corporation incor- f'^^'id corpo- porated for the purpose of creating a fund, the income of which is to be applied to the promotion of education, may receive subscriptions for membership in the corporation, and they, or a majority of them, by giving ten days' notice, by publication in th.e county where the corporation is located, may call a meeting of members to adopt by-laws, and elect not. more than nine directors. Each member shall have a vote for every amount by him subscribed equal to that in the articles of incorporation specified as necessary for mem1)ership. which mny he ca^t in person or by proxy. EDUCATIONAL. 189 Increase in number of trustees in certain corpo- rations. but at no subsequent meeting can a member vote for or be elig-ibk as a director who is in arrears to the corporation. The trustees shall control the funds and disburse the in- come of the corporation as provided by its by-laws. (R. S. Sec. 3750.) Section 9949. The board of trustees of a university, How certain college or other institution of learning, incorporated, and ^°^''f^H^°"'ri acting under the patronage of one annual conference or governed, other religious body of a religious denomination, may ac- cept the provisions of this and the succeeding section, by resolution adopted at a meeting of the board, and entered upon the record or journal of its proceedings. After such acceptance' the board shall be organized, constituted, regu- lated, and perpetuated as therein provided. No right ac- quired by such board, university, or other institution of learning, under its charter, or any law of this state, shall be impaired or affected thereby. (R. S. Sec. 3751.) Section 99c;o. The board of trustees of a university or college heretofore incorporated, and now unc^er the pat- ronage of one annual conference, synod or other religious body of a religious denomination, may increase the num- ber of its trustees, not exceeding six. Such additional trus- tees shall be nominated by the collegiate alumni of the uni- versity or college from the collegiate alumni of three years' standing, for appointment or election by such patronizing conference or synod, under such regulations as are pre- scribed by such board, if it determines to increase the num- ber of its trustees and makes such regulations for their nomination, by resolution adopted at a regular meeting of the board and duly entered on the record of its proceed- ings, and, such patronizing or governing conference or synod consents to the increase and the rules and regula- tions for their nomination. And after such board is so in- creased by not exceeding six additional trustees, in all re- spects it shall be organized, constituted, regulated and per- petuated pursuant to and under its charter, and such pro- visions. No rights acquired by such a board, university or college, under its charter or any law of this state, shall be affected or impaired thereby. (R. S. Sec. 3751a.) Section 9951. A corporation may be formed for the promotion -of academic, collegiate or university education, under religious influences, may set forth in its articles or certificate of incorporation, as a part thereof, the name of the religious sect, association or denomination wdth which it is to be connected, and grant any ecclesiastical body of such religious sect, association or denomination, whether it be a conference, association, presbytery, synod, general as- sembly, convocation or otherwise, the right to appoint its trustees or directors, or any number thereof. It also may set forth in its articles or certificate such other rights as to the administration of the purpose fof which it is organized, consistent with the laws of this state and of the United Colleges under ecclesiastical patronage. TQO EDUCATIONAL. States, as the incorporation desires to confer upon the ecclesiastical body of such sect, association or denomina- tion, and that body may exercise all rights and powers set forth therein. (R. S. Sec. 3751b.) How existing SECTION 9952. A corporation formed for the promo- may ^'avSP tion of academic, collegiate or university education, under themseives^o^^ j-gljgiQ^s influences, incorporated under the laws of this state, by special act or otherwise, may avail itself of the provisions of the preceding section, as a part of its articles or certificate of incorporation, and may confer on an ecclesiastical body of such religious sect, association or de- nomination, it is or proposes to be connected with, whether it be a conference, association, presbytery, synod, general assembly, convocation or otherwise, any or all of the rights^ powers or privileges by such section allowed to be con- ferred on corporations hereafter organized, and mav accept the provisions by a vote of the majority of its trustees at any regular meeting. (R. S. Sec. 3751c.) Copy of ac- SECTION 9953- When so accepted, a copy of the ac- fife/'wiih °sec- ccptaucc. Certified by the secretary or clerk of its board of sute^ °^ trustees or directors, shall be sent to the ecclesiastical body with which it is or proposes to be connected. If such body agrees to accept the powers proposed to be conferred upon it, it sliall certify its approval upon the certified copy so sent, and it thereupon shall be filed in the office of the sec- retary of state. When thus filed it will be a part of the charter of such corporation, and such ecclesiastical body shall exercise all the rights and powers so set forth in the articles or certificate of corporation. (R. S. Sec. 375TC.) Number of SECTION 9954- After such acceptance the l^oard shall classed '^"^ certify it to the patronizing conference or other religious body having the right to elect or appoint trustees of such university or other institution of learning, at the next meet- ing of such conference or other religious body; and there- after the board shall consist of twenty-one trustees elected or appointed, and the president of such university or other institution of learning, who shall be ex-officio a member thereof. Such elected or appointed trustees shall be divided into three classes of seven members each. (R. S. Sec. 3752.) Election; term; SECTION 9955- At the first clcctiou or appointment fncre"a^Jrof ^^t^^ such acceptaucc, one of such classes hall be elected or board. appointed for one year, one for two years and one for three years. No term of office of such trustee shall ex- of the classes of trustees shall be elected or appointed for three years. No term of office of sucht a trustee shall ex- pire during a meeting of the board which does not con- tinue more than two weeks. Ten members of the board shall constitute a quorum. Vacancies which occur in any class of trustees otherwise than by expiration of the term of office shall be filled only for the remainder of the term. EDUCATIONAL. igi Such a university or other institution of learning which heretofore accepted the provisions of sections ninety-nine hundred and forty-nine, ninety-nine hundred and fifty-four, and ninety-nine hundred and fifty-five, may increase its board of trustees by electing or appointing two additional members in each of the classes of trustees herein provided for. (R. S. Sec. 3752.) Section 9956. The proportion that each stockholder of a college, academy, university, seminary, or other insti- tution for the promotion of education, shall be required to pay to meet the debts and liabilities of the corporation, may be determined and collected in the manner provided by the three succeeding sections. (R. S. Sec. 3753.) Section 9957. The trustees of such a corporation desiring to avail themselves of such provisions shall call a meeting of the stockholders for the purpose of determining wdiat amount of its indebtedness shall be paid by each stockholder, and give thirty days' notice to the stockholders in w^'iting or by publication in some newspaper of general circulation in the county where the corporation is located, of the time, place, and purpose cf the meeting, at which also, the trustees shall submit a detailed statement showing the assets and indebtedness of the corporation. (R. S. Sec. 3754.) Section 9958. A majority in interest of the stock- holders present at such meeting may determine what amount of the indebtedness of the corporation is to be paid by each stockholder, and fix the time and mode for the payment of the money assessed against each stockholder. But these provisions shall not interfere with or abridge the right of a creditor of the corporation to institute any proceedings authorized by law to enforce the liability of stockholders. (R. S. Sec. 3755.) Section 99.^9. The assessment shall be pro rata upon tl c stock subscribed or otherwise acquired by each stock- holder, and in no case shall exceed the amount for which each stockholder is or may be liable by law. A stockholder who fails to pay the amount so assessed against him, shall be liable in a civil action to be brought in the name of the corporation, for the recovery thereof, as in other cases of indebtedness. (R. S. Sec. 3756.) Section 9960. The academic board of an institution incorporated for military and polytechnical education shall consist of the superintendent thereof, the commandant of cadets, and the professors. Tt may make and enforce rules and regulations for the government of cadets, but they first shall be su1)mitted to and approved by the governor of the state. (R. S. Sec. 3757.) Section gg6i. The board of visitors of such an in- stitution shall consist of the governor, who shall be ex- Assessments^ Meeting of stockholders; How amount of assessment fixed. Eimit of as- sessment and collection. Board of mil- itary acad- emies. Board of visitors. 19- KD:'CAT]:JX.\L J.>uties of iioard of visitors. low term of us'.ecs fixed. Certain coi^ l^aralions may ciT.-nge loca- tion. Sale and dis- tribution of liroperty of cei-tain cor- porations. Certain col- leges may file charter and amend. officio a member and the president of the board, of two other persons to be named by him, and such other persons as the superintendent of the institution appoints. (R. S. Sec. 3758.) Section 9962. The board of visitors shall meet at the institution, on the first day of the annual commencement exercises, and examine into the condition of the classes, (luarters, and commons, the discipline, drill, records of ■tanding in study, and conduct of the cadets, and report • iiereon to the legislature at its next session. The board of ■ isitors, or any member thereof, may visit and inspect the institution at any time. (R. S. Sec. 3759.) Section 9963. At a regular meeting for the election if directors or trustees of a college' or other institution of '?arning, the authorized voters may determine by vote, whether the election of directors or trustees shall be held nnually, if the term of their election is for a longer period ban one year, and also what proportion of the entire board shall be so elected. At the first election hereunder the \'oters shall designate upon their ballots who shall serve for >ne year, who for two years, and who for three years. V^acancies caused by expiration of term of office shall be filled by election annually thereafter. (R. S. Sec. 3760.) vSkction Q964. The trustees of colleges and other in- stitutions of learning not endowed by voluntary contribu- tions, estabhshed under special acts of incorporation, and ^Tchich, by the provisions thereof are locted at particular olaces, may change their location to such other places as they deem proper and erect and maintain academies and otlier schools auxiliary thereto. (R. S. Sec. 3761.) Section 9965. The trustees of a university, college,- or other institution of learning, incorporated by authority of tliis state under special charter, owned in shares or stock subscribed or taken, may dispose of its property at public sale, on such terms as to payment as the stockholders by a vote of three-fourths of the shares or stock of the institu- lion, direct, after giving public notice thereof, by publica- tion, for six consecutive weeks in some newspaper pub- lished in the county where the institution is located. Such notice shall contain a full statement of the terms, time and place of sale, and such action of the trustees. The trustees may close up the corporate existence of such institution, and make an equitable division and distribution of the pro- ceeds of the sale among all the holders of shares or stock, after the payment of its just debts. (R. S. Sec. 3762.) Section 9966. The trustees of any university, col- lege or institution of learning, incorporated under author- ity of this state, owned in shares of stock subscribed and naid up in full, by a majority of the owners of such stock, for the sole purpose of promoting education, religion and EDUCATIONAL. 193 morality, or the fine arts, exclusively among males or females, on the written portion of the owners of a major- ity of such stock filed before its trustees or on the vote of the owners of the majority of such shares of paid up stock at .any general meeting of the stockholders called for such purpose, after thirty days' notice published in some news- paper published and of general circulation in the county, by them, may 'change the name and enlarge the purposes and objects of such university, college or institution, by amendemnts to its charter, approved by the owners of the majority of such stock, so that all the educational rights and privileges thereof may be bestowed in the co-equal and co-ordinate education of both sexes. (R. S. Sec. 3762a.) Section 9967. When such amendment is adopted and ^^py ^f the original articles of incorporation of such corporation ?™^i\^?^"*- u° have not been filed and recorded in the office of the secre- secretary of tary of state, a copy of the amendment and of the original ^*^*^- articles, with a certificate to each of them thereto affixed, signed by the president and secretary of the corporation, and sealed with the corporate seal, if any there be, stating the fact and date of the adoption of such amendment, and that such copy thereof and of the original articles of in- corporation are true copies of the originals shall be re- corded in such office. When so recorded, such amendment shall be in law the sole articles of incorporation of the cor- poration. The property, real and personal, corporate fran- chises, and endowment funds, gifts, bequests, legacies, or ^ mortgage securities, promissory notes, and rights of every kind belonging to, vested in, claimed, or possessed by the original corporation, by such amendment shall pass to, and be enjoyed and exercised by the corporation named, created and organized by such amendment for the promotion of all the objects and purposes of its creation and organization. (R. S. Sec. 3762a.) Section 9968. For recording such amendments and pee of secre- copies of original articles of incorporation, and furnishing t^ry of state. a certified copy or copies' thereof, the secretary of state shall receive a fee of twenty cents per hundred words, to be in no case less than five dollars. (R. S. Sec. 3762a.) Section 9969. The board of trustees of a university, college, or institution of learning, incorporated under au- thority of this state, for the sole purpose of promoting education, religion and morality, or the fine arts, at a regu- lar or special meeting of such board of trustees, called for that purpose, after thirty days' actual notice to each and all such trustees, may change the name and enlarge the pur- poses and objects of such university, college or institution of learning, by amendment to its charter, approved by a majority of the board at such regular or special meeting, so called and so notified, for such change of its name, and the enlargement of its purposes and objects. (R. S. Sec. 3762b.) 13 S. T.. Colleges may change name or purpose. 194 EDUCATIONAL. Procedure and effect. Fees of secre- tary ®f state. Organic rules may be pre- scribed in ar- ticles of cer- tain corpo- May add to original ob- iects. Section 9970. When such amendment is so adopted by the board of trustees of such university, college or in- stitution of learning, a copy thereof with a certificate thereto affixed, signed by the president and secretary of such board and sealed with the corporate seal, if any there be, stating the fact and date of such amendment, and that such copy is a true copy of the original amendment, shall be filed and recorded in the office of the secretary of state, and when so filed and recorded such amendment shall be in law an integral part of the articles of incorporation of such corporation. The property, real and personal, cor- porate powers and franchises, endowment funds, gifts, be- quests, legacies, mortgage securities and promissory notes, belonging to, such original corporation, by such amendment shall pass to, and be enjoyed and exercised by the corpor- ation created and organized by such amendment for the promotion of the objects of its creation and organization. Such new corporation shall be liable for and must perform all the lawful obligations and contracts of the original cor- poration. (R. S. Sec. 3762b.) Section 9971. For recording such amendment and furnishing a certified copy or copies thereof, the secreary or state shall recive a fee of twenty cents per hundred words, to be in no case less than five dollars. (R. S. 3762b.) Section 9972. An association incorporated for the purpose of receiving gifts, devises or trust funds to erect, establish, or maintain an academy in any department of fine arts, a gallery for the exhibition of paintings, or sculp- ture or works of art, a museum of natural or other curi- osities, or specimens of art or nature promotive of knowl- edge, or a law or other library, or courses of lectures upon science, art, philosophy, natural history, or law, and to open it to the public on reasonable terms ; or an industrial training school, or a mechanics' institute for advancing the best interests of mechanics, manufacturers and artisans, by the more general diffusion of useful knowledge in those classes of the community, or homes for indigent and aged widows and unmarried women, whose directors or trustees may be of either sex, in its articles of incorporation may prescribe the tenure of office of the trustees or directors, the mode of appointing or electing successors, the adminis- tration and management of the property, trust and other funds of the corporation and such other organic rules as are deemed expedient or acceptable to donors, which shall be the permanent organic law of the corporation. (R. S. Sec. 3767.) Section 9973. By certificate duly acknowledged by the trustees or directors, and filed in the office of the sec- retary of state, such corporations may add to the original objects and purposes thereof, any of the* several objects and purposes, mentioned in the preceding section, not pro- EDLXATIONAL. 195 vided for bv the articles of incorporation. (R. S. Sec. 3768.) Sectiox 9974. Such corporation her^etofore incor- porated under the laws of the state, by certificate reciting the organic rules adopted by the corporation as its perma- nent organic law, duly acknowledged by the trustees or di- rectors, and filed in the office of the secretary of state, may accept the provisions of the second preceding section. (R. S. Sec. 3768.) Section 9975. The officers of such corporation charged or intrusted with the receipts and disbursements of its funds or property, shall make and keep accurate and detailed accounts of such funds, and the receipts and dis- bursements thereof such as are required to be kept by the fund -commissioners of the state. On or before the third Monday in January of each year the trustees shall file with the clerk of the common pleas court of the county in which the corporation is located an abstract of their account which shall correspond in date, amount, person to whom paid, from whom received, and on what account, with the vouch- ers taken or given on account of such receipts and dis- bursements. At the same time they annually shall file in such clerk's office a report of the names of the donors, the kind, amount, or value of gifts of each, and a brief state- ment of the conditions and purposes of the gifts. The filing of such abstract and report, and the supplying of any omission in either, may be enforced by order and attach- ment of the common pleas court of the proper county, against the trustees, on motion of anv respectable citizen. (R. S. Sec. 3769.) Section 9976. No trustee of such corporation shall be eligible to any office or agency of the corporation to which a salary or emolument is attached, nor shall the trus- tees be allowed any salary, emoluments or perquisites, ex- cept the right of free ingress to the grounds, rooms, and buildings of the corporation. (R. S. Sec. 3770.) Section 9977. On application to the attorney gen- eral by five citizens of the proper county, in writing, verified by the oath or affirmation of one of them, setting forth specific charges against any^of the fiscal or other agents or trustees of such a corporation, involving a breach of trust or duty, he shall give notice thereof to the trustees or agents complained of, and inquire into the truth of such charges. For this purpose he may receive affidavits, or enforce, by process from the court of common pleas of Franklin county, the production of papers and the attendance of witnesses before him. If, on testimony or other evidence, he believes the charges or any of them to be true, he shall proceed, by action in that court, in the name of the state, against the delinquent trustee or trustees, fiscal agent or agents, and, on the hearing the court may direct the i^cr- Acceptance of statutory pro- visions. Accounts of receipts and disbursement*. Trustees ir.' eligible to other office. Attorney-gen eral may en- force duties- of officers. 19^ EDUCATIONAL. ^ay increase number of trustees of ■certain corpo- rations. Distribution of new members. formance of any duty, or the removal of all or any of the agents' or trustees, and decree such other and further rehef as is equitable. (R. S. Sec. 3771.) Section 9978. The board of trustees of a university or college heretofore incorporated, but not under the pat- ronage of conferences or other ecclesiastical bodies of any religious denomination, may increase the number of such trustees to twenty-four, exclusive of the president, or a less number, and divide such trustees into six classes, each class to serve six years, and one class to be chosen each year, for such term. One trustee of each class may be chosen by the votes of the alumni of such university or college, if the board of trustees so provides by by-law, in which case the board also shall provide by such by-laws, a method of nomi- nating and electing such appointee of the alumni. (R. S. Sec. 3771a.) Section 9979. The president of such university or college shall ex-officio, be a trustee perpetually, and not be included in the classes going out in rotation. If in the first enlargement of the board of trustees, under the preceding section it be necessary to distribute new members to the several classes, whose terms will expire by rotation, the distribution may be made in such manner as the board di- rects so that no trustee shall be elected for a longer term than six years. (R. S. Sec. 3771a.) Section 9980. The board of trustees of a university or college in this state organized as a stock corporation and not under ecclesiastical patronage, upon the surrender and cancellation of all outstanding shares of its capital stock, may cause a certificate of that fact, sealed with the corpo- rate seal and signed by the president and secretary of such board, to be filed in the office of the secretary of state, which certificate the secretary of state shall record for public use in the records of his office, and a certified copy of which he shall return to such board of trustees upon receipt of a fee of twenty cents per one hundred words, to be in no case less than five dollars. Thereupon such 'university or college shall continue its corporate existence as a corporation not for profit and with the same powers, duties, privileges and immunities as it previously possessed, save such as relate to its capital stock. Such board by reso- lution may conform the number, tenure and mode of elec- tion of its own members to the provisions of the preceding section, except, that trustees not authorized to be elected by the alumni, shall be elected by the board ; and that the ex-officio membership thereon of the president of such col- lege or university shall be optional with the board. (R. S. Sec. 3771b.) Cancellation SECTION 9981. When such a Corporation seeking -to v^ourtr*^^^ °^ ^vail itself of the provisions of the preceding section has procured the surrender for cancellation of not less than Stock corpo- rations may retire ^tock. EDUCATIONAL. 197 sixty per cent of the outstanding shares of its capital stocky • any residue thereof standing upon its books in the names of persons, partnerships, societies or corporations that for seven years or more have been deceased, dissolved or of unknown address, and non-participants in the corporate elections, and of whose shares aforesaid no known owner exists, may be cancelled by decree of the court of common pleas of the county wherein such corporation is located, upon its petition, duly certified, being filed therein, making such persons, partnerships, societies and corporations or their legal representatives parties defendant, and on serv- ing such defendants with public notice of the pendency of such petition in the manner provided for service by publi- cation in civil actions, and upon averment and proof by the plaintiff and a finding by the court of the facts as herein- before required, and of the further fact that the plaintiff is an eleemosynary corporation. Thereupon the shares of such defendants shall be deemed to be cancelled and sur- rendered, and the decree shall not be vacated or set aside, on the application of any such defendant, otherwise than as in the case of judgments in civil actions. (R. S. Sec. 3771C.)- Section 9982. A mechanics' institute, incorporated Mechanics- under the laws of this state prior to the year eighteen hun- institute may7 DO r row dred and fifty-one, may borrow money, issue bonds or notes money. therefor at no more than the legal rate of interest, and secure them by mortgage upon its real estate. (82 v. 118 § I.) Section 9983. The directors and trustees of such Liability of corporations shall not be personally liable for debts con- frustees! ^"* tracted by them, as in the preceding section provided. (82 V. 118 § 2.) Section 9984. Superintendentg of city hospitals, di- rectors or superintendents of city or county infirmaries, directors or superintendents of work-houses, directors or superintendents of asylums for the insane, or other chari- table institutions founded and supported in whole or in part at public expense, the directors or warden of the peniten- tiary, township trustees, sheriffs, or coroners, in possession of bodies not claimed or identified, or which must be buried at the expense of the county or township, before burial, shall hold such bodies not less than thirty-six hours and notify the professor of anatomy in a college which by its charter is empowered to teach anatomy, or the president of a county medical society, of the fact that such bodies are being so held. Before or after burial such superintendent, director, or other officer, on the written application of the professor of anatomy, or the president of a county medical society shall deliver to such professor or president, for the purpose of medical or surgical study or dissection, the body of a person who died in either of such institutions, from How medical colleges may receive bodies for dissectiont «98 EDUCATIONAL. Body to be delivered to claimant. Interment of body after dissection. Notification of relatives. «ody of strangers travelers. 'Liability for having unlaw- ful possession of body. any disease, not infectious, if it has not been requested for interment by any person at his own expense. (R. S. Sec. 3763.) Section 9985. If the body of a deceased person so delivered, be subsequently claimed, in writing, by a rela- tive or other person for private interment, at his own ex- pense, it shall be given up to such claimant. (R. S. Sec. 3763.) Section 9986. After such bodies have been subjected to medical or surgical examination or dissection, the re- mains thereof shall be interred in some suitable place at the expense of the party or parties in whose keeping the corpse was placed. (R. S. Sec. 3763.) Section 9987. In all cases the officer having such body under his control, must notify or cause to be notified, in writing, the relatives or friends of the deceased person. (R. S. Sec. 3763.) Section 9988. The bodies of strangers or travelers, who die in any of the institutions above named, shall not be delivered for the purpose of dissection unless the stranger or traveler belongs to that class commonly known as tramps. Bodies delivered as herein provided shall be used for medical, surgical and anatomical study only, and within this state. (R. S. Sec. 3763.) Section 9989. A person, association, or c ompany, having unlawful possession of the body of a deceased per- son shall be jointly and severally liable with any other per- sons, associations, and companies that had or have had unlawful possession of such corpse, in any sum not less than five hundred nor more than five thousand dollars, to be recovered at the suit of the personal representative of the deceased in any court of competent jurisdiction, for the Jbenefit of the next of kin of deceased. (R. S. Sec. 3764.) APPENDIX FORMS AND INSTRUCTIONS NOTICE OF ELECTION IN SUB-DISTRICTS. Notice is hereby given to the qualified voters of sub-district No. , of township, county, Ohio, that the next annual school meeting for the elec- tion of a director in said district will be held at the school house in said sub-district on Monday, the day of April, 19 — , beginning at o'clock p. m. [a. m.], and closing at o'clock p. m. [a. m.] , Director. Note : — The above notice to be posted in three or more conspicuous places, at least six days prior to the election. Section 4718. POLL BOOK Of the election held in sub-district No. , in the township of , in the county of , and state of Ohio, on Monday, the day of April, in the year A. D. 19—. A. B., Chairman, and C. D., Clerk, judges of said election, were severally sworn, as the law directs, previous to their entering on the duties of their respective offices. Number and names of electors. Number and names of electors. No 1 1 No. 5 G 7 8 9 * 3 4 It is hereby certified that the number of electors who voted at this election -, Chairman. -, Secretary. Judges. TALLY SHEET Of the election held in sub-district No. , in the township of , in the county of , and state of Ohio, on Monday, the day of April, in the year A. D. 19 — , to elect a director for said sub-district. 1 '.!•.» 20C FORMS AXD INSTRUCTIONS. Names of Candidates. Tallies, showing number of votes given for each candidate. Total. ^ i 1 : 5 'I 10 1 15 i 20 1 • ! 1 ■, 25 1 1 1 1 1 Ill ' 1 1 1 . 1 !.......! ! i I ! 1 1 1 , We hereby certify That That That received received received — votes for director. — votes for director. — votes for director. And that was duly elected director for a term of one year. , Chainnau. , Secretary. Judges. The poll book and tally sheet must be signed by the judges of election before they separate. No signing after such separation is valid. They must be delivered within eight days to the clerk of the board of education. MINUTES OF SUB-DISTRICT SCHOOL MEETING. Sub-District, No. Township, County, Ohio. 19—. At a meeting of the qualified voters of said sub-district, held on the day of April, 19 — was appointed secretary. Whereupon said voters proceeded to elect by ballot, a director of said sub district for the term of one year, and upon inspection of the several ballots given at said election, it was found and publicly declared, that — was duly elected for the term of one year. , Chairman. , Secretary. APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY. This is to certify that of sub-district number township. has been appointed director county, Ohio, to FORMS AND INSTRUCTIONS. 201 fill the vacancy caused by of ■ said appointment to extend until the next annual election as provided for in section 4720. , Ohio. , 19— » •, President. Attest : , Clerk. OATH OF SCHOOL DIRECTOR. The following oath which may be administered by the clerk or any other member of the board of education, should be taken by each director before enter- ing upon the discharge of his duties. You, ^— , do solemnly swear [or a-flUrm] that you will support the constitution of the United States, and the constitution of the State of Ohio, and that you will faithfully and impartially discharge the duties of director, in and for said sub-district, number , township, county, Ohio, accord- ing to law and the best of your ability. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. Resolved by the hoard of education of township, That there be trans- ferred and united with sub-district "number , so much of sub-district number , as is bounded as follows: [describe boundary.] Resolved by the board of education of township, -That sub-district number is hereby abolished, and there is hereby transferred to and united with sub district number , so much of the territory of said abolished sub- district as is bounded as follows: [describe boundary], and so much of said abol- ished sub-district as is not herein united with sub-district number , is trans- ferred to and united with sub-district number • . This resolution shall take effect on the day of , 19 — . Resolved by the board of education of township, That so much of sub-district number , as bounded as follows: [describe boundary], be cut ofif from said sub-district, and that so much of sub-district number as bounded as follows: [describe boundary], be cut off from said sub-district, and that the territory thus cut off from sub-districts numbers and , respec- tively, is hereby consolidated and formed into a new sub-district and designated sub-district number of township. Resolved by the board of education of township, That sub-districts numbers and are hereby abolished, and that the territory included in said sub-districts at the time of their abolishment is hereby consolidated and formed into a new sub-district, and designated sub-district number of township. This resolution shall take effect on the day of , 19 — . Note : — When a new sub-district is formed the township board should ap- point a director as provided in section 4720. RESOLUTIONS ON BOND ISSUE. Resolved, By the board of education of school district, county, Ohio, That it is necessary for the proper accommodation of the schools of said district that [state nature of improvement], that it will require $ to make said improvement, that the funds at the disposal of said board or that can be raised under the provisions of section 7G29 of the General Code of Ohio, are not suflficient to accomplish said purpose and that a bond issue is necessary, it is therefore further 202 FORMS AND INSTRUCTIONS, Resolved, That an election be held in said school district on the question of the issuing of bonds in the sum of $ for the purpose herein specified, on the day of 19 — , and that the clerk of the board be directed to forward a copy of these resolutions to the deputy state supervisors of elections and request said supervisors to provide election supplies and con- duct said election, and that the clerk be also directed to publish the notices of said election as provided by law. NOTICE OF ELECTION FOR BOND ISSUE. Notice is hereby given by the board of education of • school district, county, Ohio, that there will be an electron held in said district at the usual voting place [places], between the hours of 5:30 a. m. and 5 :30 p. m., on the day of • , 190 — , to consider the question of a bond issue in the sum of % , for the purpose of \here state purpose] as provided in section 7625 of the General Code of Ohio. By order of the board of education. -. Clerk. -, Ohio. 190—. • FORM OF BALLOT. For Bond 'Issue in the Sum of % , Yes. For Bond Issue in the Sum of $ , No. All elections on school questions should be held under the supervision of the regular election officers and the ballots be made to conform to the provisions of the general election laws. PETITION FOR SPECIAL SCHOOL DISTRICT. To the Probate Judge of ' County, Ohio: We, the undersigned petitioners, being male citizens and electors of a pro- posed special school district, respectfully request that a special school district be established from the territory herein described for the following reasons: [give reasons.] Said special school district to be bounded and described as follows: [Give description in full] Respectfully submitted, , Ohio. , 19_. Note: — The above petition must be signed by at least ten male electors and must be accompanied by a certificate from the county auditor giving the total tax valuation of the proposed district, an accurate map of the same and an undertaking with security for costs in the sum of $100. FORMS AND INSTRUCTIONS. 203 NOTICE OF SPECIAL MEETINGS. Notice is hereby given that there will be a meeting of the board of educa- tion of • school district, county, Ohio, on the day of , at o'clock , at , to consider any business which may be considered necessary. . ^ . 19-. Clerk. Note : — A special meeting may be called by the president, clerk or two mem- bers of the board. TEACHER'S CONTRACT. of school district in county, county. An agreement entered into between Ohio, and the board of education of — Ohio; the said • hereby agrees to teach in the public schools of said district for a term of months, and also agrees to abide by and maintain the rules and regulations adopted by said board for the government of said schools of said school district. And in consideration of such services, the said board of education agrees to pay 'the said the sum of dollars, payable monthly at the office of the treasurer of the board of education. Entered into this day of , 19 — . , Tear her. , President. , Clerk. Any special provisions may easily be inserted. ORDER ON THE TREASURER. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) f^ No. Office of Board of Education School District. $ , Ohio, , 19—. THE TREASURER OF SAID SCHOOL DISTRICT Will Pay to DOLLARS, out of Fund in the Treasury. Foi By Order of the Board of Education. , President. — , Clerk. 204 FORMS AND INSTRUCTIONS. ORDER ON TREASURER WHEN SCHOOL FUNDS ARE IN A DEPOSITORY. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) i No. Office of Board of Education School District. $ , Ohio, , 19—. THE TREASURER OF SAID SCHOOL DISTRICT Will Pay to- ^ DOLLARS, out of Fund in the Treasury. By Order of the Board of Education. , President. , Clerk Payable at Bank, -, Ohio. -, Treasurer CERTIFICATE OF ANNUAL SCHOOL LEVY. ' (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) To the Auditor of ;_. County : It is hereby certified by the Board of Education of School District, County, that the entire amount necessary to be levied upon the property of said school district for school pur- poses, during the next school year, as directed by Sec. 758G G. C, is as follows : For Tuition Fund , For Building Fund For Contingent Fund , For Bonds, Interest and Sinking Fund, For By Order of the Board of Education. , Ohio. ... .mills. $, .mills. $. .mills. $. mills. |. .mills. $. . . , , Clerk. , 19.... CERTIFICATE OF SCHOOL FUNDS IN TREASURY. We hereby certify that, by a count, as required by law, of all the money, bonds and securities in the hands of , treasurer of ■ school district county, Ohio, made this day of , 19 — , in the presence of the clerk of the board, we find dollars [and bonds, etc., in value amounting to dollars] of school funds to be in the treasury on the date above FORMS AND INSTRUCTIONS. 205 named, and we have directed the clerk to enter upon the records of the board a copy of this report. , Board {or committee.') Attest : , President. , Clerk. [See section 4767 of the General Code.] TRANSFER OF TERRITORY. (Minutes of Boards.) Resolved, That the following described territory be and the same is hereby transferred from school district, county, Ohio, to school district, county, Ohio, subject to the provisions of section 4692, General Code of Ohio [give description.] Resolved, That the clerk be instructed to notify the board of education of school district of county, Ohio, of the passage of this resolution, and upon similar action being taken by said board that said clerk file a cer- tified copy hereof with the county auditor, together with a correct map of the territory described. Note: — A majority of the full membership of the boards is necessary to carry such a resolution and a yea and nay vote is required. LEASE TO SCHOOL DISTRICT. Know all men by these presents: That , of the county of , and State of , for the con- sideration herein mentioned, does hereby lease unto the board of education of the township of , county and state aforesaid, its successors and assigns, the following premises, to-wit : [Here insert description], with all the privileges and appurtenances thereunto belonging; to have and to hold the same for and during the term of years from the • day of , 19 — . And the said board of education for itself and assigns, does covenant and agree to pay the said for the said premises, the annual rent of dollars. [Insert date and place of payment.] In witness whereof, the said parties hereunto set their hands, this day of , 19 — . , Lessor. President of the Board. , Clerk. Signed, sealed, and acknowledged in the presence of State of Ohio, County, ss. : Before me, a in and for said county, personally appeared — , grantor in the above instrument, and acknowledged the same to be volun- tary act and deed, for the uses and purposes therein mentioned. In testimony whereof, I have hereunto subscribed my name and affixed my seal, this day of , A. D. 19—. (Title.) 206 FOl-JMS AND INSTRUCTIONS. ' If the lease be for three years or more, it must be acknowledged, attested by two witnesses, and recorded. If for a less term, it need not be executed with these formalities. See section 8517. The consideration may be money or any- thing else, and the form varied accordingly. The above form is for a long lease. OATH OF CLERK OF BOARD OF EDUCATION. The State of Ohio, County, ■ Township, ss.: Before me, , personally came , who, being duly sworn according to law, says that he will support the constitution of the United States and the constitution of the state of Ohio ; and that he will faithfully discharge his duties as clerk of the board of education of the school district in county, Ohio, during his term of office, and until his successor is chosen and qualified. of said Board. Sworn to before me and signed in my presence, on day of — A. D. 19—. (Title.) CLERK'S BOND. Know all men by these presents. That we. held and firmly bound unto the state of Ohio, in the sum of — dollars, for the payment whereof we jointly and severally bind ourselves. » Signed and sealed by us this day of , A. D. nineteen hundred and Whereas, the said has been duly chosen and qualified as clerk of the board of education of district — , in township, county, and state of Ohio, for the term of one year from the day of January, A. D. 19 — , and until his successor is chosen and qualified. Now, the condition of the above obligation is such, that if the said shall faithfully perform all the official duties required of him as clerk of said board, then this obligation will be void; otherwise it shall be and remain in full force. The sureties on the above bond, and its amount, approved by said board this day of , A. D. 19—. President of said Board. FINAL RECEIPT OF CLERK. $ . ' ^ , Ohio, , 19—. Received of , late clerk of school district, the sum of dollars, the record book, account book, school laws, teachers' certificates and reports, and the other official books and papers in his hands. , Clerk. See section 4777. FORMS Ax\D INSTRUCTIONS. 207 OATH OF TREASURER OF BOARD OF EDUCATION. The State of Ohio, County, ss. : Before me, , personally came , who being duly sworn according to law, says that he will support the constitution of the United States, and the constitution of the state of Ohio; and that he will faithfully discharge his duties as treasurer of the board of education of the school district county, Ohio, during his continuance in said office, and until* his successor is chosen and qualified. Sworn to before me and signed in my presence, on this day of 19 — , by .the said . -of said Board. TREASURER'S BOND. (City, village and township districts.) We, the undersigned as principal and and as sureties, hereby acknowledge ourselves as firmly held unto the state of Ohio in the penal sum of dollars for the payment whereof we jointly and severally bind ourselves, our heirs, executors and ad ministrators. Signed and sealed by us this day of , A. D. 19 — . The condition of the above obligation is this, that whereas the said r city ^ has been duly elected as treasurer of the -} village y of , and ( township ) ex-officio treasurer of the school, funds of the school district, in the county of and state of Ohio, for the term of two years from the day of January, A. D. 19 — , and until his successor is elected and qualified according to law; now if the said shall faithfully dis- burse, according to law, all school funds which come into his hands, then this obligation shall be void ; otherwise it shall be and remain in full force and effect. The sureties on the above bond, and its amount, approved by said board this day of , A. D. 19—. President of said Board. Clerk of said Board. TREASURER'S BOND. (Special district.) We, the undersigned ■. as principal and and 5 — as sureties, hereby acknowledge ourselves as firmly held unto the state of Ohio in the penal sum of dollars for the payment whereof we jointly and severally bind ourselves, our heirs, executors and ad- ministrators. ' Signed and sealed bv us, this — dav of A. D. 19 — . 208 FORMS AND INSTRUCTIONS. The condition of the above obligation is this, that whereas the said has been duly chosen treasurer of the board of education of district of , in — township, county, and state of Ohio, for the term of one year from the first day of September, A. D. 19—, and until his successor is chosen and qualified; now if the said shall faithfully dis- burse, according to law, all school funds which come into his hands, then this obligation shall be void; otherwise it shall be and remain in full force and effect The sureties on the above bond, and its amount, approved by the board of •education of said school district, this day of , A. D. 19—. President of said Board. Clerk of said Board. FINAL RECEIPT OF TREASURER. . , Ohio, , 19—. Received of , late treasurer of school district county, the sum of dollars, and the following securities, bonds, and other school property, to-wit : , Treasurer. . COMPLAINT IN REGARD TO SCHOOL FUNDS. fa the State Commissioner of Common Schools: Sir : I respectfully submit the following state of facts as existing in school district, county, Ohio. (Statement of complaint containing one of the causes mentioned in section 361, G. C.) In consideration of the above statement I respectfully request the appoint- ment of some competent accountant to investigate the condition of he school funds of said district. , Complainant. State of Ohio, County, ss. : I, , , and , do solemnly swear (affirm) that the statements made in the foregoing complaint are true to the best of my knowledge and belief. Sworn to by , , and — ; , and subscribed, in my presence this day of — , 19 — . (Title.) I hereby certify that , , and , are freeholders and taxpayers, residents of school district. , Ohio, , 19—. County Auditor. FORMS AND INSTRUCTIONS. 209 COMPULSORY EDUCATION LAW. NOTICE TO PARENT OR GUARDIAN. State of Ohio, ~ County, ss. : To . You are hereby notified that , a child between the ages of and years, under your charge, is not attending school, that such non- attendance is in direct violation of the law and without legal excuse. You are hereby required to cause said child to attend some recognized school within two days from the date of this notice, and you are warned that if the truancy of said child is persisted in the final consequences will be as provided by law, as indorsed hereon. Witness my hand this day of , 19 — . Truant OfUcer. school district, county, Ohio. Print sections 12977 and 6246 on reverse side of form. NOTICE TO TRUANT. State of Ohio, County, ss.: Xo , a child between the ages of and years. You are hereby notified that you are and will be required to attend some recognized school within two days from the date of this notice, and you are hereby warned that if this notice is not complied with the final consequences will be as provided by law as indorsed hereon. Witness my hand this day of , 19 — . Truant OMcer. school district, county, Ohio. Print section 7774 in full on reverse side of form. NOTigE TO EMPLOYERS OF YOUTH. To [Here insert name of person, company or corporation] : Your attention is respectfully called to sections 7765-7767, 7769-7771, 7782-7783, 12975, 12976, 12981-12985, to compel the elementary education of children. In compliance with the provisions of this act, you are requested to return to me on this blank the names, ages, and residences of all minors under four- teen years of age employed by you, also all minors between fourteen and six- teen years of age, and to state whether you have a certificate from the superin- tendent of schools, or clerk of the board of education that authorizes you to employ such minors. Clerk of Board of Education. 14 s. I.. 210 FORMS AND INSTRUCTIONS. Names of Minors. Age. Residence. Certificate — Yes or No. In cities this notice may be signed by the superintendent of schools. This certificate must be kept on file until the youth reaches the age of six- teen years and must be accessible to the Truant Officer and the Inspector of Factories at all times. AGE AND SCHOOLING CERTIFICATE. I, A of being the- { Superintendent of Schools Person duly authorized by the Superintendent of Schools Clerk of Board of Education J School District of County, Ohio, hereby certify that ft. (the description of whom is as follows inches ; complexion ; hair ; eyes — Height -) was born at in the county of State of on the day of that has been examined and has passed a satisfactory fifth grade test in reading, spelling, writing, English grammar, geography and arithmetic; that the papers enumerated and described in Section 7766 of the General Code of Ohio have been by me duly received, examined, approved and filed ; and that said — ■ is, as to development, health and physical fitness, able to perform the labor, in which is to be employed by . Approved by me, and signed in my presence by the aforesaid, , this day of , 1 . (Signed) Title of Approving Officer. Signature of Child. I, Superintendent of Schools of School District, authorized the above named and Schooling Certificate. County, Ohio, hereby certify that I have duly , to approve the above Age (Signed)- Superintendent of Schools of School District. TEACHER'S REPORT. (Section 7772.) , Ohio, , 19.. To the Clerk of the Board of Education of County, Ohio. The following is a correct list of the pupils attending my school during the month ending 19 . . . Teacher. Names of Pupils. Age. Residences. C-Ml ) Pi w u I— « o H < § O o ^ 'I t o y. ^ h'-o >, ^ p. w 03 :::::::::: i^ i»»5 • o s ««-^h •t; ^ >j Q, -O c V Q h. ^ :::::::::: -o^ enter 1, fa gleet. 03 Q '.'.'.'.'.'.'.'.'.'. ri V *- ^ « «l^ ;3jjo ji P4 4> o M M M M M c '.'.'.'.'.'.'.'.'.'. O ^J . c c >, ..••••••.. V 03 O • Q O C • n fis H-o .r; o c (jD (u c O O rt S ^j >, c o3 CO Q bo c , l-l J5 rt ^ o '.'.'.'.'.'.-'.'.','. :^ •X9S :::::::::: •»sv ..•••....• c o • • . • • . . . . . . e-d ii o? ^a SJi s ^ c • • . . . J . • . . . rt MS'O * o c V 615 c< 1 :z, :::::::::: (212) (House Bill No. 64) AN ACT To amend Section 4752 of the General Code, relating to the transaction of business by boards of education. Be it enacted by the General Assembly of the State of Ohio : Section i. That Section 4752 of the General Code, be amended so as to read as follows : Sec. 4752. A majority of the members of a board of education shall constitute a quorum for the transaction of business. Upon a motion to adopt a resolution authorizing the purchase or sale of real or personal property or to employ a superintendent or teacher, janitor or other employe or to elect or appoint an officer or to pay any debt or claim or to adopt any text book, the clerk of the board shall publicly call the roll of the members composing the board and enter on the record the names of those voting "Aye" and the names of those voting "No". If a majority of all the members of the board vote aye, the president shall declare the motion carried. Upon any motion or resolution, a member of the board may demand the yeas and nays, and thereupon the clerk shall call the roll and record the names of those voting "Aye" and those voting "No". Each board may provide for the payment of superintend- ents, teachers and other employes by pay-roll, if it deems advisable, but in all cases such roll call and record shall be complied with ; provided, that boards of education of township school districts may provide for the payment of teachers monthly if deemed advisable upon the pres- entation, to the clerk, of a certificate from the director of the sub-dis- trict in which the teacher is employed stating that the services have been rendered and that the salary is due ; the adoption of a resolution author- izing the clerk to issue warrants for the payment of the teacher's salary on presentation of such certificate shall be held as compliance with the above requirements. Section 2. That said original Section 4752 be and the same is hereby repealed. GRANVILLE W. MOONEY, Speaker of the House of Representatives. FRANCIS W. TREADWAY, President of the Senate. Passed May 10, 1910. Approved May 19, 1910. JUDSON HARMON, Governor. (214) INDEX A Absence. page Excuse for, 7703 117 Habitual truant, punishment, 7773 12J Abstract. Enumeration, failure to transmit to county auditor, action taken, 7800 \ 130 Auditor of county to transmit to state commissioner of com- mon schools , 7803 131 Statistics, transmitted by county auditor to state commissioner of common schools , 7789 127 Academy. (See College.) Genera] provisions as to, 9922-9989 182-198 jMilitary , how constituted , 9960 191 Board of visitors for, 9961, 9962 191, 192 Report of to state commissioner of common schools, 359 14 Account. Clerk of school districts, how kept, 4778, 4779 57 Common school fund, 7580, 7581 66-67 Educational institutions, accounts of officers, 9975 195 School funds, account of, by auditor of state, 7580, 7581 66-67 Schools specially endowed, accounts of, 7993 180 Treasurer of school funds, accounts of, 4778, 4780 57 University of municipality, trust funds, 7918 164 Accountant. Appointment of to investigate funds, 362 15 Powers , duties and compensation , 363 15 Account Books. . . Clerks and treasurers furnished by county auditor, 4778.. 57 Advertisement. (See Notice.) Building school houses, bids for, 7623 ' 78 Age. Youth of school age, 7681, 7794 95, 129 Agricultural Departments. Board may estabHsh , 7722 107 Alcoholic Drinks. (See Scientific Temperance Instruction.) {2U 2l6 INDEX. Alumni. (See Colleges.) page Election of trustees and visitors, by, 9945, 9947 187. 188 Annexation. Territory to city or village, 4690 31 Appeal. County commissioners, when board of education fails to provide proper school facilities, 7610 74 Probate court, excuseof child from school, to, 7764 117 Special districts, creation of, 4728-4732 42, 43 Transfer of territory, 4693, 4694 32 Appointment. (See Respective Titles of Boards, Officers, Etc.) Apportionment. Salt lands, interest on proceeds of sale of, 7577 66 State school funds, by auditor of state, 7582, 7583 67 When county line divides original surveyed township, 7585.... 68 School funds, by county auditors, 7600, 7602 71 , 72 Annexation of territory to city or village, after, 4696 32 Distribution of money after apportionment, 7601 71 Township to newly created special district, 4732 43 Special district, after abandonment, 4732 / 43 Transfer of territory, after, how made, 4696... 32 Village, surrender of corporate powers, after, 4688 30 Appropriation. Private property, of, for school purposes, 7624. .' . 79 University of municipality, appropriation for, 7906 161 Vote necessary for certain appropriations by board, 4752 50 Arbor Day. Governor shall appoint and set apart, 7688 97 Manual , state commissioner to issue , 358 14 Art Association or College. Accounts, 9963 192 Attorney general to enforce trusts of, 9977 195 Bequests , etc. , may accept , 9924 183 Objects, articles of incorporation may be extended to others. 9973.. 194 Trustees ineligible to office in, 9976 195 Articles of Incorporation. Educational institutions, certain, 9966 192 Fine art, law, etc.,' association, what may provide, 9972. 194 Supplement for colleges , 9973 194 Assessment. Colleges, etc., amount, how fixed, 9958, 9959 191 Meeting for, 9957 191 Stockholders, against, 9956 191 Assignment of Youth. Board of education may make . 768 1 96 INDEX. 217 Astronomical Observatory. page University of municipality, may establish, 7908 162 Tax levy for, 7908 162 Attendance. (See Compulsory Attendance.) Compulsory education, requirements, 7762-7764 117 Night schools, at, 7679, 7680. 95 One and one-half miles from school, privilege of pupils living. 7735 110 Non-residents, by agreement of boards of education, 7734 110 Youth entitled to attend school free, 7681 95 Attorney General. Educational institutions, duties as to, 9977 195 Ohio State University board, legal adviser of, 7953 171 Auditor. (See County Auditor.) Auditor of State. Apportionment of school funds, by, 7982-7984 177-178 Bequests to school funds, accounts of, 7581. 67 Ohio State University, duties as to, 7972 176 B Ballot. (See Election.) City districts divided into sub-districts, form of, 5034 61 School elections, deposited in separate box, 5049 61 Special districts, furnished by deputy supervisors, 4748 47 Abandonment or continuance, form of, 4741-4743 44-45 Ballot Box. Separate, for school elections, 5049 61 Special districts, in, 4748 47 Bequests. Boards of education may accept, 4755 51 College or university may hold in trust, 9924 183 Common school fund, to, how applied, 7581 67 Ohio State University, bequests to, 7951 189 Bids, Bidders, Bidding. Bonds, bids for sale of may be received, 762G 82 Depositories of school funds, competitive bidding for, 7C04-7607 72-73 School houses, construction of, 7623 78 Blanks. Board of education, report of, blanks for, 7788 127 County auditor to distribute, 7788, 7789 127 Blank books, furnished by, 4778 57 Form of prescribed by state commissioner, 357, 7815 14, 135 School youth, blanks for enumeration of, 7803 131 Teachers' report of attendance under compulsory education law, 7772 107 Truant officer, blanks for, 7771.. 120 2l8 * INDEX. Blind. PAGE School, attendance of blind person compulsory, 7778 124 Board of Education. (See School Districts.) City School Districts, in Attached territory, duty in regard to, 4706 35 Board of examiners in, to appoint, 7838 140 City Solicitor, is legal adviser of, 4761 53 Shall not be a member of the board, 4762 53 Civil service for employees, 7600-1-7690-6 98-100 Clerk, election of, 4747 47 Compensation of examiners , 7853 143 Constituted how, board of education, 4698-4700 34 Deaf children, schools for authorized, 7755 114 Director, election of authorized, 7694 101 Examiners, appointment of, 7838 ' 140 Meetings of , 4747 47 Members of, 4698-4700 34 Election of, qualihcatioiis, terms, 4702-4704 35 Organization of board , 4747 47 Physical training, instruction in , 7721 107 President, election of, 4747 47 Redistricting of cities , 4701 , 4707 31, 36 Report . publication of , 7784 126 Sub -districts, division into, 4700 . 34 Superintendent , election of , 7702 103 Teachers, appointment of, confirmed by, 7703 103 Teachers' institutes in, 7871-7874 150, 151 May dismiss school to attend, 7869 150 Vacancies in board, how filled, 7610 74 Clerk of. (See Clerk of Board of Education.) Special Districts. (See Special Districts.) Clerk, election of, 4747 47 Constituted how, 4729^732 42-43 Conveyance of pupils, may provide for, 7732 44 Election of, 4736 44 First election , 4737 44 Members of , 4736 44 Term of oflfice, 4737 44 Organization of board , 4747 47 President . election of , 4747 47 Superintendent, election of, 7705 103 Teachers, election of, 7705 103 Township Districts. (See Township Districts.) Attached territory, duty as to, 4714 39 Centralization of the schools by, 7730, 7731 109 Election on question of, 4726 41 Clerk of board, township clerk is, 4747 47 Compensation of , 4715 39 Constituted, how, 4712 38 Election of, 4712 38 Meetings of, 4747 47 Members of, 4712 . . . ." 38 Term of. 4713 3^ IN Di:x. 219 Board of Education — Continued. . paoe Organization of , 4747 47 President , election of , 4747 ^ 47 Sub-districts, recognition of, 4716 * 39 Boundaries of, how changed, 4716. 39 Superintendent, election of, 7705 103 Teachers , election of , 7705 103 T€^c,hers, payment of, monthly 214 Village Districts. (See Village Districts.) Attached territory, duty as to, 4711 37 Clerk, election, 4747 47 Constituted how , 4708 37 • Election of , 4708 37 In newly created villages, 4710.- 37 Members of, 4708 37 Term of, 4709 37 Organization of , 4747 47 President , election of , 4747 47 Superintendent, election of, 7705 103 Teachers , election , 7705 103 Gexeral Provisions. Absence of clerk, 4753 50 Accommodation for all children, 7738 110 Admission to schools of those not entitled by right to attend, 7082 ' 96 Appropriate private property, may, 7624 79 * Assignment of pupils to schools, 7684 96 Attendance compulsory, 7762-7783 117-125 Attestation of record of, 4754 50 Bequests, acceptance and rules, 4755 51 Bond of treasurer, approval of, 47,64 54 Bonds issued by, for school house, 7625-7630 80-83 Borrow money , may , when , 5656 80 Centralization of township schools, authorized, 7730, 4726, 4727 109, 4y Children's home, school at, authorized, 7676-7678 94 Commercial departments, may establish, 7722 107 Compensation, none except, 4757 : 51 Contingent fund, what constitutes, 7603 72 County commissioners to levy, when, 7610 74 Estimate for, to be made by board, 7586 68 Levy, certificate of to county auditor, 7594 70 Contract of, no member shall have interest in, 4757 51 Must be authorized by board, 4757 51 With teachers, what constitutes, 7699 102 Contract for building, repairing, etc., now let, 7623 78 Conveyances, how executed, 4749, 4757 .y.y 48, 51 Corporate powers of , 4749 .VT 48 Deaf children, schools for, 7755-7760 114-115 Elections. (See Elections.) Elementary schools, shall establish, 7644. 87 Embezzlement by members, penalty for, 12878 • 58 Employes of, may appoint, 7690 98 220 INDEX. Board of Education — Continued. page Entertainment in school houses, 7622 78 Evening schools, 7679, 7680 95 Exchange of real property by, 4758 52 Exemption from taxes and execution, 4759 52 Expulsion of pupils, vote necessary, 7685 96 Female suffrage , 4862 60 Flag, U. S., on school houses,- 7621. 78 Forms relating to bonds 206 , 207 Funds in hands of treasurer, duty of board as to, 4764 54 Free school books, 7739 Ill German language, teaching of, 7729 108 High schools, board may establish, 7663, 7665, 7669 91, 92 Infirmary, school at, 7676 94 Intoxicating liquors, to cause instruction as to, 7723, 7725...;. 108 Kindergarten may be established , 7722 107 Library. (See Library.) Manual training department, may establish . 7722 107 Meetings illegal , when , 4750 48 Non-residents, admission of to schools, when, 7682, 77-34 96, 110 Oath of members and officers , 4746 46 Who may administer, 4746 46 Orphans' asylums, schools at, 7676 94 Penalty on members for neglect of duty, 7610 74 Personal liability of board members, 7611 74 Process against, how served , 4760 53 Property of boards exempt from taxation and execution, 4759, 52 Prosecuting attorney, legal adviser of, 4761 '53 Quorum of, 4752 50 Record of proceeding of, 4754 50 Record of schools, kept by teachers and superintendents, 7784.. 126 • Relief of children, board authorized to afford, 7777 12? Report by, made to county auditor, 7787 127 Superintendents' and teachers' report to board, 7784 126 ■ Resolutions requiring yea and nay vote, 4752 ; 50^ Rules and regulations of, 4750 48 Sale of property by , 4749 .^. 48 At private sale, when, 4756 51 At public auction, 4756 51 Schools, control and management of, to have, 7690 98 Continued, must be, how long, 7644 87 Employes, appointment, dismissal and salaries of, 7690, 7705 98, 103 Sufffcient number must be provided, 7644 87 School houses, grounds, etc., to provide, 7620 77 Contracts for, bidding and letting. 7623 78 Use of for purposes other than educational, 7622 78 Scientific temperance instruction, duties as to, 7723, 7724 108 Service of process on , 4760 53 Special meetings of , how called , 4751 49 State commissioner of common schools to confer with, 354 13 Superintendent, appointment of, 7690, 7702, 7705 98, 103 Surety of treasurer, additional may be required, 4765 54 Suspension of pupils , 7685 96 INDEX. 221 Board of Education — Concluded. page Taxation by. (See Tax.) Tax levy by board for school house, 7025-7029 80-83 Maximum levy, 7591 69 School property exempt from, 4759 52 Teachers, employment and dismissal of, 7691, 7703, 7705 100, 103 Certificate, must have, 7830 138 Order for pay of, when illegal, 7780 126 Pension fund, may provide, 7875-7896 152-156 Teachers' institutes, aid for, in cities, 7872, 7873 150 Text books, adoption of, 7711-7710 105-106 Free school books, 7739 Ill Publishers' failure to furnish, action by board, 7712 105 Purchase and sale of by board, 7715 • 106 Tie vote, decided by lot, 5121 61 Transfer of territory, by, 4092-4094 31, 32 Treasurer of. (See Treasurer of Board of Education.) Truant officer, must employ, 7769 120 Tuition, agreement between boards for payment of, 7734 110 "One and one-half mile" law, 7735 " 110 "Patterson Law," payment under, 7747, 7748 112 U. S. Flag, display of, 7621 78 Vacancies in, how filled, 4748, 7610 47, 74 Vaccination, may enforce rules, 7686 97 Free, when, 7686 97 Yea and nay vote, when required, 4752 50 ©oard of Examiners. (See State Examiners, County Examiners, City Examiners.) Board of Health. Vaccination, 7686 97 Board of Visitors. Alumni may appoint , 9945 187 College of, 9940 186 Compulsory education , duties as to , 7782 124 Military academies, of, 9961, 9962^. 191-192 Religious bodies may appoint, 9940 186 Schools especially endowed, of, 7994 181 Bond. Clerk of board of education of , 4774 ." 56 Clerk of city board of examiners , 7842 141 Clerk of county board of examiners, 7836 140 Compulsory education, parents must give, 7773 121 Depository of school funds, required of, 7604-7608 72 Forms of 206, 207 Ohio State University, treasurer of, 7944, ?945 170 Schools specially endowed, trustees of, 7988 179 State commissioner of common schools, of, 353 13 Security for cost, petition for special district, 4730 42 Teachers* institute committee, of, 7860 148 Forfeiture of, 7867 149 Treasurer of board , 4764 54 Wilberforce University, treasurer of, 7983 177 222 INDEX. Bends. PAGE Exchange of, by board, 5G57 80 Educational institutions may issue, 9932 184 Issue and sale of, 2294, 2295, 7626, 7627 82, 83 Money must go to funds for which bonds were issued, 7628... 82 Par, must be sold at, . 7627 82 School house, bonds for, 7625-7630 80-83 Sinking fund, 7613-7619 75-76 Refunding of, 5658 81 Levy to pay, 5659 81 Books. (See Text Books. Libraries.) Blank books, furnished by county auditor, 4778 57 School fund, examination of books, 361-367 15-16 C Centralization. Board of education may centralize schools, 7730, 7731 109 May be discontinued, when, 4727 41 Petition for, 4726 41 Submission of question of , 4726 41 Alay submit, 4726 41 Must submit, 4726 41 May be resubmitted, when, 4726 41 Transportation of pupils, 7730, 7731 109 Certificate. Branches of study enumerated , 7830 138 City districts, examinations in, 7838 140 Granting certificates in , 7844-7850 142-143 Revocation of certificates in, ISbO 143 Qounty certificate, majority of board may grant, 7818. 136 Examination f ee , 7818 136 Grades of, different. 7821-7833 136-139 Granting of, 7821, 7848 . .136, 142 Requirements necessary , 7830-7832 138-139 Revocation of , 7827 137 Special, granting of, 7829, 7832 138, 139 Valid, where, 7821, 7823, 7847 1-36, 137, 142 Scientific temperance, examination in required. 7726 108 State certificates, issue of, 7807 133 Effect of, where valid, 7808 134 Examination fee, 7809 ■ 134 Revocation of, 7808 134 Tax levy, certificate to county auditor of, 7594, 7598 70-71 Teachers must have, 7830-7832 138-139 Filed with clerk, copy must be, 7786 126 Transfer of territory, certificate of to county auditor, 4692 31 Charter. Educational institutions, amendment of, etc., 9966 192 INDIiX. 223 Children's Home. page Children at, can attend schools, when, 7681 95 Schools at, 7676 94 Christmas. Dismissal of schools on , 76S7 97 Cincinnati. University of, 7915-7922 163-165 City Districts. Advancement to, 4686 30 Attached territory, assignment of, 4706 35 Voting in, 4706 35 Attendance in, compulsory, 7702-7764 117 Board of education, election of, 4698-4705 34-35 Membership, 4698-4700 34 Meetings, 4747 47 Organization , 4747 47 Qualifications of members, 4705 35 Special meetings of, how called, 4751 49 Term of members, 4702, 4703. . 35 Board of examiners, 7838, 7854, 7855. 140, 144 City solicitor , legal adviser, 4761 53 Clerk of board of education, 4747. 4774, 4781 47, 56, 58 Deaf children, schools for. 7755-7761 114-115 Decennial redistricting of , 4701 34 Defined, 4680 29 Director may be appointed , 76!J4 101 Redistricting of, 4701, 4707 34, 36 Sub-districts , division into , 4700 34 State school commissioner , by , when , 4701 34 Superintendent, election of, 7702 103 Teachers, election of, 7703 * 103 Teachers' institutes , in , 7871 150 Treasurer of school boards, 4763-4773, 4781 54-56, 58 City Examiners. Appeal from, 7857 ' 144 Appointment, term, vacancies, 7338, 7839 140-141 Compensation and expenses of, 7853 143 Examinations , how conducted , 7840 141 Expert, assistance of in difficult branches, 7841 141 Fees, disposition of, 7853 "'. 143 Granting of certificates, 7844-7846 142 Revocation of certificates, 7850 ' 143 Meetings of, 7843 ; 142 Membership, number, qualifications, 7838 140 Organization of board , 7842 141 Record, how kept, 7854 143 Report of appointment, to state school commissioner, 7839 141 Revocation of appointment , 7839 141 Scientific temperance, examination, 7726 108 224 ' INDEX. City Solicitor. . page Legal adviser of boards of education, 4761 53 Shall not be a member of the board, ^762 53 Classification. Change of, by advancement, 4686, 4687 ^ 30 City districts, 4680 29 Special districts , 4684 30 Township districts, 4683 30 Village districts, 4681, 4682 29, 30 Clerk of Board of Education. Abandonment of special districts, duties of special and township clerks as to, 4741 44 Absence of, at meetings, who acts, 4763 50 Accounts of, how kept, 4778 ' 55 Blanks for reports under compulsory education law, must furnish, 7772 121 Bond of, 4774 56 Certificate of estimate for tax levy, to county auditor, 7594 70 Transfer of territory, of, when, 4692 31 City districts, of, 4747 47 Compensation of , 4781 58 Compulsory attendance, may excuse from, 7763 117 Election of, 4747 47 Embezzlement by , penalty for , 12878 58 Enumeration return to county auditor, 7799 130 Liable for damages for failure to make, 7800 130 Penalty for failure, 7802 131 Forms relating to . . . .' 199-212 Moneys received by, must be reported to county auditor, 4768 55 Notice of election, 4839 60 Oath of, 4746 46 May administer to others , 4746 46 Order on treasurer , must sign , 4768 55 For teachers' pay, illegal, when, 7786 126 Petition for transfer of territory, 4693 32 Publication of receipts and expenditures, 4776 57 Record of proceedings, kept by, 4754 50 Reports required of, 355, 4775, 7787, 7788 13, 55, 127 Penalty for failure to make, 7790, 7791 128 State school commissioner may require, 355 13 Roll call, when required, 4752 50 Special district, of, 4747 47 Successor , property turned over to , 4777 57 Township commencement, clerk to hold, 7742 Ill Township districts, of, 4747 47 Village districts, of, 4747 47 Clerk of Board of Examiners. City Boards. Bond of, 7842 ^ 141 Compensation of , 7853 143 INDEX. 225 Clerk of Board of Examiners — Concluded. page Election of, 7842 141 Fees , disposition of , 7855 144 Record, kept by, 7854 /. 144 Reports of, 7839, 7854 '. 141, 144 County Boards. Bond' of, 7836 140 Compensation of, 7837 140 Election of, 7815 135 Fees, disposition of, 7820 136 Record to be kept, 7815 135 . Report by to county auditor, 7820 136 To state school commissioner, 7815, 7836 135, 140 Clerk of Township. (See Township Clerk.) Coat of Arms. Device of, state of Ohio, 30 ^. 12 Colleges and Universities. Incorporated Institutions. Accounts of, how kept, report, 9975 195 Alumni may elect trustees, 9945 ' 187 Appoint visitors , 9945 187 Election, conduct of, 9946, 9947 187, 188 Attorney general , duties as to , 9977 195 Board of trustees, election of, 9951 . 189 Members, increase in number, 9950, 9978 189, 196 Ineligible, who are, 9976 195 Quorum of, 9943 187 Term of office, 9963 192 Vacancies, how filled, 9930 .' 184 Bonds , trustees may issue , 9932 184 Charter, amendment of, 9966, 9969 192, 193 Directors and trustees of certain associations, 9972 194 Endowment fund of, 9948 148 Diverted, how, 9929 184 Faculty of, its powers, 9925 183 Laws, benefits of, how acquired, 9944, 9949 187, 189 Location, change of, 9928, 9964 183, 192 Mechanics and agriculture, 9926 \ 183 Mechanics, institutes may borrow money, 9982 197 Directors' liability, 9983 197 Medical college, bodies for dissection, 9984, ^989 197, 198 Name, change of, 9966, 9969 192, 193 May be religious denomination, 9951 189 Organization of, 9922 182 Patron, who may be, 9939 186 Property, increase of, 9931..;- 184 Sale of, 9965 192 May hold in trust, 9924 183 Purposes, set forth, may be, when, 9951 189 Change of, 9966, 9969 192, 198 May be added to, 9973 194 15 s. L. 226 INDEX. Colleges and Universities — Concluded. page Religious control of, 9934-9938, 9952, 9953 185-186, 190 Religious body entitled to representation , 9942 187 Representation to cease, when, 9941 ^... 187 Statement of property to be filed, 9933 185 Stock changed to scholarship , 9927 183 Stockholders' liability, 9956, 9959 191 Visitors, appointment of, 9940 186 Commencements. County commencements under "Patterson Law," 7744 112 Township commencements under "Patterson Law," 7742 Ill Expenses of, how paid, 7746 112 Commercial Departments. Boards of education may maintain, 7722 107 Commissioner. (See State Commissioner of Common Schools, County Com- missioners.) Common Pleas Court. Judge of, duty as to report of examiner of funds, 367 16 Schools specially endowed, appointment of trustees for, 7987 179 Common School Fund. (See Funds.) Compensation. Board of education, members of, shall not receive, 4757 51 City boards of examiners, of, 7853 143 Clerk of board of education, 4781 58 County auditor, of, 7793 128 County examiners, of, 7834 139 Clerk of, 7837 140 Under "Patterson Law," 7745 112 Enumerators, of, 7797 130 Examiners of school funds , 366 16 Ohio State University, officers of, 7949 .^ . . 171 Prosecuting Attorney, shall not receive, 4762 53 Treasurer of board of education , 4781 58 Complaint. Form ; 208 Funds, fraudulent use of, in regard to, 361 15 Compulsory Attendance. Age of youth affected, 7762-7768 117-120 Attendance necessary, 7763 117 Minors between 14 and 16, 7767 119 Blind institution, in regard to, 7778 124 Board of county visitors, duties, 7782 124 Branches of study required, 7762 117 Corporation, violation of by, penalty, 12982 125 Costs of proceedings paid by county, 12988 125 INDEX. 227 Compulsory Attendance — Concluded. page Deaf and dumb institution, in regard to, 7778 124 Delinquency of minors, penalty for aiding or abetting, 1654 21 "Delinquent child" defined, 1644 18 "Dependent child" defined, 1645 18 Employment of minors under 16, 7765 118 Between 14 and 16, 7767 119 Penalty for violation, 12975 122 Excuse, how obtained, 7763 117 Forms relating to 209-212 Free school books, 7739 Ill Jurisdiction of courts, 12984 125 Juvenile Court, establishment of, 1639 17 Juvenile disorderly persons, defined, 7768 120 Proceedings against, 7774 122 Penalties for violations, 12981-12983 125 Repeated violations, 12986 125 Relief to enable child to attend school, 7777 123 Reports of public and private schools, 7772 121 Seating acommodations necessary, 7738 110 Tax levy authorized, 7738 110 Truancy, proceedings in cases of, 7773. -. 121 Truant officer, appointment, powers, duties, 7769-7771 120- Constitution of Ohio. Encouragement of schools , Art. I , Sec. 7 7 Oath to support, 4746 46 School funds , preservation of , Art. VI , Sec. 1 * 7 Provision of, by taxation, Art. VI, Sec. 2 7 School laws, excepted from general rule, Art. II," Sec. 26 7 School property exempt from tax, Art. XII, Sec. 2 8 Construction. Laws of, decisions and opinions, 27 11 Contingent Fund. Apportionment of, 7603 72 Board of education to provide, 7586, 7587 68 County commissioners may levy, when, 7610 74 Tax levy for, certificate to county auditor, 7594 76 Contract. Board of education by, how made, 4757 51 Members of, shall have no interest in, 4757 51 Certificate of funds, 5660 81 Exceptions, 5661 81 County examiners may, for rent, etc. , 7835 140 Depository of school funds, for, 7604-7608 72-73 School houses, how let, 7623 78 Conveyance. Board of education, authorized to make, 4749, 4756 48, 51 How made, 4757 51 Pupils may be conveyed, when, 7730, 7732, 7733, 109 \ 228 ' INDEX. Corporations. (See Articles of Incorporation.) page Boards of education are, 4749 48 Educational institutions. (See Colleges and Universities.) Ohio State University, 7943 170 School attendance, violations by agents of, 12981-12983 125 Schools specially endov^^ed , 7987 179 Costs Special districts , formation , 4730 42 Security for, 4730 42 Council. University of municipality, powers of as to, 7906-7912, 7921. .. .161-162, 165 Vaccination of pupils, duty as to, 7686 97 County Auditor. Apportionment of school funds to all districts, 7600-7602 71-72 Blank books, to furnish to clerk of board of education, 4778 57 School examiners , 7835 140 Treasurer of school funds, 4778 , 66 Blanks, distribution of to school districts, 7788 127 Bonds of clerk and treasurer, copy to be filed with, 4764, 4774 54, 56 Clerk of board failing to report, auditor may appoint other person, 7791 128 Compensation of auditor, 7793 .128 Contingent fund, levy for to be certified to, 7594, 7598 70, 71 Distribution of funds to school treasurers, 7601 71 Enumeration , returns of to , 7799 130 Auditor to take, when, 7800 130 Return to, when county line divides original surveyed township, 7801 131 Return by, to state commissioner, 7803 131 Fines, collection of, for school purposes, duty as to, 7612 74 Joint sub-districts, map of to be filed with, 4724 40 Penalties for not making reports, 7790-7792 127-128 Reports to, required, 4775, 7787, 7820 , ' 57 Reports of, required, 355, 7703, 7788 13, 103, 127 School houses, duty as to tax levy for, 7628 82 Special districts, to certify valuation of, 4729 42 Tax levy, certified to, 7594 70 Teachers' institute, funds for, duties as to, 7864 149 ^ Territory transferred, duties as to, 4692, 4693 31-32 Treasurer of school districts, settlement with, etc 4769, 4772, 7600, 7603 55-56, 71, 72 County Board of Examiners. Appeal from, 7857 144 Appointment of, 7811 134 Branches of study required for teachers' certificates, 7830-7832 138-139 Certicates, granting of, 7821, 7824-7826 1367, 137 Grades of, 7829 138 Renewal of, 7822, 7823.... 137 Revocation of, 7827 7 137 INDEX. 229 County Board of Examiners — Concluded. page .Clerk, duties of, 7815...' 135 Compensation of, 7837 140 Compensation of members, 7745, 7834 189, 142 Examination fee , 7818 136 Disposition of, 7820 136 Expenses of board, how paid, 7835 140 Ineligible, who are, 7812 134 Majority of members necessary to take action, 7818 136- Meetings of, 7817 : 135 Membership , limited how , 7811 134 Notice of meeting, what necessary, 7817 135- Organization of, 7815 135 Patterson examinations , 7740 Ill Commencements, county, 7744 112 Compensation of examiners, 7745 112 Qualifications necessary, 7811 134 Questions , how prepared, 7819 136 Record to be kept, 7815 135 Removals from board, 7811-7813 134-135 Reports to be made, 7815, 7820. 135, 13^ Revocation of certificates, 7827 137 Scientific temperance, examination in, 7726 137 Special certificates, granting of, 7829 138 Teacher, qualifications necessary, 7830-7832 138-139 Term of members , 7813 135 Uniform system of examinations, 7819 136 Vacancies, how filled, 7814 135 County Commissioners. Board of education, commissioners may act as, when, 7610 74 Children's homes, schools at, duties as to, 7676 94 Contingent fund , when to levy, 7610 74 County auditor, compensation of, 7793 128 County Treasurer. Compensation of, 7594 70 School funds, duties as to state funds, 7584 67 When county line divides district, duties, 7598 71 Tax, collection of, 7594 70 Course of Study. Defined, 7651 90 Elementary schools, branches of study, 7648 8^ Course of study required in, 7645 88 German taught, when, 7729 83 High schools, branches of study, 7649 ^ . 89 Requirements, 7652-7654 90 Physical training in certain schools, 7721 107 Physiology and hygiene, 7723 108 Report of, required, 7660 91 Scientific temperance, 7723 108 Text books, adoption of, 7713-7716 106 230 INDEX. Debt. (See Sinking Fund.) . page Deeds. Boards of education, deed by, 4749, 4756-4758 48, 51-52 Ohio university land, leasehold estate, converted into fee simple, 7933-7935 168 Degrees. Educational institutions, power to confer, 9922 182 University of municipality, may confer, 7904 161 Depository. Boards of education shall provide, 7604-7608 72-73 In districts having two or more banks, 7605 73 In districts having less than two banks, 7607 73 Devise. Board of education may accept, 4755 51 Common school fund of state, to, 7581 67 Endowed schools, to, management of, 7987 179 ^ Institutions may receive, 9924 183 Ohio State University, for, 7951 171 Director. Appointment of, in city districts, 7694 101 Compensation of, 7697 102 Powers and duties of, 7695, 7696 101, 102 Removal of, 7698 102 Election of in township districts, 4717 39 Enumeration, shall take, 4722 40 Powers and duties of, 4722 40 Term of office, 4717 ' . . . . 39 Dismissal. Schools, on holidays, 7687 97 Teachers to attend institute, 7869 150 Teacher, dismissal of, 7701 103 Improperly dismissed, may bring suit, 7708 104 Districts. (See City, Village, Special and Township Districts.) Donations. (See Bequests.) E Education. (See Board of Education, Colleges, Schools.) Elections. Ballots, form of, for school elections, 5032-5034 61 Bonds, Issue of, for school houses, 7625 80 Centralization of township schools, for, 4726 41 City districts, board of education, election of, 4703, 4704 35 Attached territory , voting in , 4706 35 INDEX. 231 Elections — Concluded. page Educational institutions, election of trustees* and visitors by alumni, 9945, 9947 187, 188 Forms relating to 199-202 High school, election on question of bond issue for joint townships, 7669 92 Union of districts in township for high school purposes, elec- ' tion on bond issue , 7669 92 Lot, election decided by, when, 5120 61 Notice of, 4839 60 Special districts, in, 4736-4740, 5049 44, 61 Abandonment of, election for, 4741-4744. 44-45 Tax to exceed maximum allowed by law, vote on, 7592, 7593...... 70 Special tax, vote on, 7625 80 Teachers' institute, officers of, 7860 148 Tie vote , how decided , 5121 61 Township districts, board of education of, 4712, 5049 38, 61 Attached territory, voting in, 4714 39 Village districts, board of education of, 4710, 5049 37, 61 Attached territory, voting in, 4711 37 Newly created district, election in, 4710 37 Women can vote, when , 4862 60 Registration of, 4940 60 Electors. Attached territory, where to vote, 4706, 4711, 4714 35, 37, 39 Women are , for school officers , 4862 60 Employes. Board of education, of, 7690-7706 98-104 Minor, proof of attendance at school required before employment, 7765-7766 118 Between fourteen and sixteen, must pass examination, 7767... 119 Endowment Fund. College, how application of, changed, 9929 184 Corporation for, 9948 188 Schools specially endowed, 7897-7994 179-181 English Language. Common branches must be taught in, 7729 108 Enumeration. Apportionment of state school funds by auditor of state, based on, 7582 67 By county auditor, 7600, 7602 71, 72 Clerk of board of education to make returns of, 7799 130 Compensation for taking, 7797 130 Excessive, action of state school commissioner, 7804 131 Failure to take, penalty, 7802 131 By clerk of board to make returns, action taken, 7800 130 Penalty for making fraudulent returns, 12929 132 Return by county auditor to state school commissioner, 7803 131 When county line divides original surveyed township, 7801 131 Township districts , who takes , 4722 40 Youth of school age, includes whom, 7794 129 How taken, 7796 129 232 INDEX. Evening School. (See Night School.) page » Examiner. (See City, County and 5tate Examiners.) School funds, of, 362-366.... 15-16 Adverse report, disposition of, 367 16 Compensation of , 366 16 Execution. School property exempt from , 4759 52 Executive Committee. Teachers' institute, of, 7860 ! 148 Bond of, 7863, 7864 149 Forfeiture of bond, 7867... 1" Report of clerk, 7866 149 Expenditures and Receipts. Board of education, clerk to make annual report of, 4775 57 Publication of report, 4776, 7785 57 Expulsion. Pupil from school, of, 7685 % F Fees. (See Compensation.) Female. Suffrage of, in school elections, 4862, 4940 60 Fines. County auditor's duties as to, 7612 ,■ 74 Fine Arts. Corporations for promoting, 9922-9979 182-196 Fire Dangers. Instruction in, 12901 ' 88 Duty of board in regard to, 12905 88 Duty of school commissioner, 12903 88 Duty of the fire marshal, 12902 88 Duty of teachers, 12901 88 Fire Drills. Pupils must be trained in, 12900 88 Flag. Ohio flag, description of , 28 11 United States flag, display of, 7621 ." 78 Flower. State flower of Ohio. 29 12 INDEX. 233 Forms. p^gp- Prepared by state commissioner of common schools, to be, 35G, 357, 7788, 7789 14, 127 Notice of election in sub districts 199 Poll book 199 ^Tally sheet 199 Minutes of sub-district school meeting ■ 200 Appointment of school director, to fill vacancy 200 Oath of school director 201 Different modes of altering sub-districts 201 Resolutions on bond issue 201 Notice of election for bond issue 202 • Form of ballot 202 Petition for special school district 202 Notice of special meetings 203 Teacher's contract 203 Order on the treasurer 203 Order on treasurer when school funds are in a depository 204 Certificate of annual school levy 204 Certificate of school funds in treasury 204 Transfer of territory 205 Lease to school district 205 O^ath of clerk of board of education 206 Clerk's bond 206 Final receipt of clerk ' 206 Oath of treasurer of board of education 207 Treasurer's bond 207 Final receipt of treasurer 208 Complaint in regard to school funds 208 Notice to parent or guardian 209 Notice to truant 209 Notice to employers of youth 209 Age and schooling certificate 210 Teacher's report 211 Report of truant officer 212 Fourth of July. Schools may be dismissed on , 7687 97 Fraternities. Investigation of, 12908 9& Penalty for. • Pupil joining, 12906, 12909 95, 96 Teacher failing to report, 12907 95 Funds. (See Sinking Fund.) Accounts of, how kept, 7580 66-67 Auditor of state, duty of, 7580, 7581 80-81 Apportionment of state funds by auditor of state, 7582-7585 67-68 By county auditor," 7600-7603 71-72 Bequests to common school fund, how applied, 7581 67 Contingent levy by boards of education, 7586, 7587, 7594 68-70 County commissioners to levy, when, 7610 74 Penalty for failure to levy, 7611 74 234 INDEX. Funds. (See Sinking Fund) — Concluded. page Declaration of policy of the state respecting universities, 7923 165-166 Debt of state, irreducible, common school fund shall constitute, 7580 Q6 Depository for, 7604 72 Distribution of by county auditor, 7601 71 Educational institutions, of, 9929, 9948 184, 188 Fines to be collected by county auditor and paid into funds, 7612 74 Income from school lands, application of proceeds of. Art. VI, Sec. 1 7 Investigation of, 361 15 Ohio State University fund, tax for, 7929 167 Pension fund for teachers, 7875-7896 152-156 Public lands, proceeds 'of sale of, 7579, 7580 66 Salt and sv^amp lands, proceeds of sale of, 7577, 7578. 66 School fund, preservation of. Art. VI, Sec. 1 7 Settlement between district treasurer and auditor, 4770 56 Special districts, division of fund when created, 4732 43 State common school fund, tax for, 7575 65 State commissioner of common schools, duty as to, 355, 367 13, 16 Taxation, constitutional provisions for, Art. VI, Sec. 2 7 Tax levy, maximum for schools, 7591 69 Transfer of, 5654, 5655 80 Transfer of territory, division of funds, 4696 32 Treasurer of county, duties as to, 7584, 7585, 7594, 7599, 7601, 7602. 67, 68, 70, 71, 72 Treasurer of district, receipts and disbursements by, 4768, 7594 55, 70 Amount he may have on hand, 4769 55 G General Assennbly. Laws to encourage schools, duty of, to pass, Art. I, Sec. 7 7 State commissioner of common schools to report to, 360 14 School funds, to provide for by taxation. Art VI, Sec. 2 7 School laws can take effect upon authority other than, Art. II, Sec 26 7 Tax for schools, shall levy, 7575, 7576 65, 66 Wilberforce University, members may name pupils for admission to, 7985: 178 German Language. Teaching of authorized, 7729 108 Goverrhor. Arbor Day, shall appoint and set apart, 7688 97 College, fills vacancy among trustees, 9930 184 Military academy, is visitor of, 9961 191 Ohio State University, appointment of trustees, 7942 169 Deed for lands of, to execute and deliver, when, 7933 169 School book commission, is a member of, 7710 105 State commissioner of common schools, to fill vacancy in office of, 352 13 Report of, to be made to, when, 360 14 Wilberforce University, appointment of trustees, 7976 176 INDEX. 235 Guardian. page Children under care of, entitled to attend schools free, 7681 95 Duties of, under compulsory education law, 7762, 7763 117 H High Schools. Board of education may establish, 7663 91 Branches of study required, 7649 r 89 Certificate of work done by pupil , 7657 *. 90 Value of, 7658, 7659 90, 91 • Classification of, 7651 90 Defined, 7649 89 Diploma, what it shall contain, 7656 90 Examinations in special and sub-districts, for, 7740 Ill Commencements, 7742-7744 111-112 Compensation of examiners, 7745 112 Tuition, 7747 112 Report of by clerk of board, 7660 91 Penalty for failure to make, 7662 91 Township Districts in. Admission of pupils to , 7667 92 Board of education may establish, 7663 91 Management and control of, 7665 92 Tax levy for, 7668 92 Time, length of, to be continued, 7667 92 Township and joint township high schools, established by peti- tion, 7669-7672 '. . . . 92-93 Buildings, purchase or renting of, 7669 92 Election on question of tax levy for, 7669 92 Election for tax levy not necessary, when, 7669. 92 Tax for, 7669 92 Teachers, employment of, 7670 93 Union of several districts for high school purposes, 7669 92 Holidays. Dismissal of schools on, without forfeiture of teacher's pay, 7687.. 97 HoHdays named, 7687 97 Howe's Historical Celiectlons of Ohio. Boards of education authorized to purchase, 7719 107 Care of, how taken, 7719 107 I Infirmary. Corpse, surrender of, to medical college, 9984 197 Schools at, 7676 94 Institutes. fSee Teachers' Institutes.) Interest. Irreducible school funds, interest on, 7577, 7580 Q(^ 236 INDEX. hivestigatlbn. page School funds, of, by accountant, 361, 362, 365 15, 16 Teacher, of, by board of examiners, 7827, 7840, 7850 137, 141, 143 Irreducible School Fund. Accounts oir how kept, 7580 66 Original surveyed township, in two counties, how proceeds paid to, 7585 68 Public lands, sale of, proceeds of, how applied, 7579, 7580 66 Salt and swamp lands, proceeds of sale of, 7577, 7578 66 J Janitor. Board of education, power to employ, 7690 98 Board of examiners may employ, 7835 140 Dismissal of by board of education, 7701 103 Teachers not required to do janitor work, 7707 104 Term of employment, 7690-7690-6 98-100 Under civil service in cities, 7690-1-7690-6 98-100 Joint Sub-Districts. Abolished; 4723 40 Territory annexed fo township, 4723 40 Judge. (See Common Pleas Court, Probate Court.) Juvenile Disorderly Person. Court for, 1639-1683 17-28 Definition of, 7768 120 Proceedings against , 7774 122 K Kindergarten Schools. Boards of education may establish, 7722 107 L Language. (See English Language, German Language.) Laws. Collation of, 356 14 Distribution of, 356 14 Encouragement of" schools, for, passage of. Art. I, Sec. 7 7 Interpretation of, decisions, preparation and distribution of, 356... M Schools, for, can take effect upon approval of authority other than the general assembly. Art. II, Sec. 26 7 Law College. Organization of, 9972, 9973 194 INDEX. 237 Law Library. page Organization of, 9972 194 Lease. Form of 205 Site for school house or right of way, lease of, 7620 77 Legal Adviser. Boards of education, who is, of, 4761 53 Ohio State University, who is, of, 7953 171 Legislature. (See General Assembly.) Library. Access to, 7631 83 Appropriation of money for, amount limited, 7642...^ 85 Board of education may establish,' 7631, 7642 83, 85 Appropriation for , 7642 85 Funds for, how provided, payments from, 7639 85 Tax for, 7632, 7639 84, 85 Trustees of, 7635 , 84 Control of, vested in board of education, when, 7642 85 Donations, board may accept, 7638 85 Established how, 7631 83 Librarian, appointment, compensation of , '7637 84 MusejLim , in connection with , 7643 86 Rules and regulations for, 7635 84 Tax levy for, 7639, 7640 .~ 85 How expended, 7640 85 Village districts may establish , 7631 83 Location. School house, convenience of, 7644 - 87 Lot. Election decided by, when,- 5121 61 Me M Manual Training. Boards of education may provide , 7722 107 Map. Attached territory, to be made of, 4706, 4711, 4714 ...35, 37, 39 Special districts, map of, 4729 42 Territory transferred from one district to another, map of, 4692, 4693 31, 32 Township district, map of, 4716 39 Mechanics' Institute. Authority to borrow money, issue bonds, etc., 9982 197 Directors and trustees not personally liable for debts, 9982 197 Objects of institute, enlarged, how, 9973 194 Organic rules which may be prescribed in articles of incorporation, 9972 194 238 INDEX. Medical College. (See Colleges.) page Bodies for dessection, may receive, 9984 197 Meetings. Board of education, city districts, 4747 47 Special districts , 4747 47 Township districts, 4747, 4715 47, 39 Village districts, 4747 47 City board of examiners, 7843 142 County board of examiners, 7817 135 Illegal, when, 4750 48 - Ohio State University, trustees of, 7946 , 170 Special meetings, how called, 4751 49 Text books, adoption of must be at regular meetings, 7713 106 Wilberforce University, trustees of, 7980 177 Memorial Day. Schools may be dismissed without forfeiture of teachers' pay, 7687.. 97 Miami University. Annual report, 7940 169 Appointment of trustees, 7939 169 Duty of standing committee on colleges and universities of the legislature, 7941 *! 169 Levy for, 7924 166 Military Academy. (See Academy.) Minor. Aiding or abetting delinquency of, under seventeen, 1654 21 Attendance at school of, 7767 119 Commitment to reformatory of, proceedings, 7774, 7780, 7782 122, 124 Employment of, between certain ages, when schools are in session, unlawful, 7767 119 Proper parental care, defined, 1646 18 Money. (See Funds.) Month. School month, length of, 7689 97 Municipal University. (See University.) Museum. Association, rules for organization of, 9972-9974 194-195 Board of education may establish , 7643 86 Music. Special certificates in, may be granted , 7832 139 INDEX. 239 N Narcotics. (See Scientific Temperance.) page Natural History Society. Regulations as to, 9972, 9973 194 New Year's Day. Schools may be dismissed without forfeiture of teachers' pay, 7687.. 97 Night Schools. Provisions for, 7679, 7680 95 Nominations. Members of boards of education, by petition, 4997 60 Non-Resident. Attendance at school, when permitted, conditions, 7681, 7682 95, 96 By agreement of boards, 7734 110 When one and one-half miles from school house, 7735 110 Boxwell graduates, privileges of, 7744, 7747 112 Normal Schools. Commission to establish 158 Physical training must be provided in, 7721 107 Scientific temperance, instruction in, at, 7725 - 108 Penalty for failure to instruct, 7728 108 State normal schools established, 7891, 7898 157 Wilberforce University normal department at, 7975-7986 195-198 Notice. Attendance at nearest school, notice to board not necessary, 7735 110 Board of education, meetings of, 4751 49 Educational institutions, notice of meetings of stockholders, S957... 191 Purpose, name, notice of intended change, 9966 192 Election, notice of bond issue, 7625 80 Board of education, members of, 4839 60 Special districts, election in newly organized, 4739 44 Abandonment of, 4741-4743 r 44-45 Tax levy, election for, 7625 80 Township districts, election of director, 4717 39 Teachers' notice of examination , 7817 , 7843 185, 142 Text books, publishers of, notice to, 7710. ..'. 105 Boards of education, given to, 7711 105 Truancy, notice to parent, 7773 121 O Oath. Board of education, members and clerk of,' 4746 46 Clerk of board of education , 4646 46 County auditor may administer, when , 7800 "..... 130 Election officers in townships , 4719 39 Enumerator, of. 7796 12^ 240 INDEX. Oath — Concluded page Forms relating to 199-2n School officers, of, 4746 46 Schools specially endowed, trustees of, 7988 179 Special examiner of teachers, 7841 141 State commissioner of common schools, of, 353 13 Office. (See various officers, by name.) State commissioner of common schools can not hold, other, 354 13 Officer. (See various officers, by name.) Charges against, investigation of, 361-367 15-16 Oath of school officers, 4746 46 Ohio State University. Analysis of minerals, by professor of, 7963 174 Attorney General legal adviser of board of trustees, of, 7953 171 Board of Trustees. Faculty, compensation of, to fix, 7949 171 Further duties of board, 7948-7951, 7955-7958, 7961-7963 171, 172, 173,-174 Grants and devises of land may be received by, 7951 171 Management and control of, to be vested in, 7950 171 Powers and duties of, 7956 172 Provide for lecturers, board may, 7954 172 Branches taught at, 7955 / 172 Ceramics, department of, 7958, 7961 172-173 Clay working and ceramics, course in, 7958 172 Fund of, 7929 167 Irreducible debt of state, part of, 7971 175 Interest on fund of agricultural college, invested, how, 7972 176 Laboratory apparatus, models, and machinery, to be provided, 7962. 173 Meetings of board, 7946 170 Mines, school of, 7962, 7963 173, 174 Named "The Ohio State University," 7943. 170 Officers of board, their duties, etc., 7&44 170 Professors employed to teach, 7963 174 Pupils, who may be admitted as, 7954 172 Report of trustees, 7947 170 Style and powers of board of trustees, 7943 170 Tax levy for, 7929 167 Terms of office of trustees, compensation and vacancies, 7942 169 Title of lands to vest in the state, 7952 171 Written analysis of- fertilizers to be furnished, how, 7964 174 Ohio University. Sale of certain lands, 7932 1^8 Deed for, 7933-7935 168 Proceeds of, 7936 168 Tax on lands donated to, 7937, 7938 169 Order. Teachers' pay, for, illegal, when, 7786 126 Treasurer, order on, how drawn, 4768 55 Must produce order for all disbursements, 4770 56 INDEX. . ^41 Orphan Asylum. page Schools at, provisions for, 7G76 94 Original Surveyed Township. Apportionment of funds, when county line divides, 7602 72 Funds how paid in such cases, 7585 68 Enumeration, when divided by county line, 7801 ,. 131 P Parent. Duty of, to send minor children to school, etc., 7762, 7763 117 Violation of act relating to, 7767 119 \ Patterson Law. Compensation of examiners , 7745 * 112 County commencements, 7744 112 Examinations, branches of study, 7740. Ill High school attended, character of, 7752 114 Township commencements, 7742 Ill Tuition,' payment of, 7747 112 Penalty. Board of education, for failure to levy cuntn-siut fund, 7611 74 Clerk of board of education, for failure to make report, 7790 127 Corporation, unlawful employment of minors, 12975, 12982, 12986.. 122, 125 County auditor, failure to make statistical report, 7789, 7790 127 For failure to make enumeration return, 7792 128 Divulging examination questions, 12939 136 Embezzlement by board of education, 12878 58 Employing relttive as teacher, 12932 ; 52 Enumeration return, fraudulent, 12929 132 Member of board of education for receiving compensation, 12883... 52 Neglecting to train pupils by means of fire drills, 12900 88 Neglecting to instruct as to dangers of fire, 12901 88 Officers or agent interested in contracts, 12910, 12911. 52 Parent or guardian, liable, when, 7773 121 school officers, non-enforcement of compulsory education law, 12981 125 Teachers' institute, executive committee, failure of, to report, 7866 149 Pension Fund for Teachers. Appropriation for by board of education, 7895 156 Board of education may create, 7875 152 Created and invested, how, 7877 " 152 Death of teacher, who shall receive, 7802 155 Deductions from teachers' salaries, 7888 155 Penalties, fines, etc., to be paid into fund, 7894 156 Pension, amount of, 7883 *. 154 Persons entitled to, 7882 154 Principal and income can be used, 7886 154 Resignation or removal of teacher, rebate, 7891 155 Retirement of teacher ,#7882 154 Rules and regulations, 7893 155 16 S. I.. 242 . INDEX. Pension Fund for Teachers — Concluded. page "Teacher" defined, 7881 154 Treasurer of funds, 7889 155 Trustees, number, election, term, 7875, 7876 152 Wl.en insufficient to pay teachers, 7885 154 Personal Property. (See Property.) Petition. Centralization of township schools, for, 4726 41 Evening schools, for, 7679 95 Forms relating to 202 Nominations by, 4997 60 Special district, creation of, 4729 42 Transfer of territory, for, 4693 32 Physical Training. Instruction in required, where, 7721 107 Plat. Property to be appropriated for school purposes, plat of, 7624 79 School districts, plat of. 4692, 4693, 4706, 4711, 4714, 4716 31, 32, 85, 37, 39 Presicfent. Board of education, of, election, 4747 47 Absence of at meeting, who acts, 4747, 4753 47, 50 Order on treasurer, must sign, 4768 55 Record of proceedings, must sign, 4754 50 City Board of examiners, of, election, 7842 141 Clerk of board of education, bond of, to be filed with,«4774 56 County board of examiners, election of, 7815 135 Educational institutions , of , 9925 183 Process on board of education, served on, 4760 53 Teachers' institute, of, election, 7860 148 Private Schools. (See Colleges and Universities.) Report of, required, 359 14 Specially endowed, trustees for, 7987 179 Accounts of trustees, 7993 '. 180 Bond of trustees, 7988 179 Duties of trustees, 7990 180 Oath of trustees, 7988 7 179 Vacancies, how filled, 7989 179 Visitors of, 7994 181 Probate Judge. Appropriation of property for school purposes, jurisdiction, 7624... 79 Compulsory education law, jurisdiction of, 7774, 7780 122, 124 County examiners , appointment of , 7811 134 Report of appointment , 7814 135 Revocation of appointment, 7813 135 Deaf children, report of, to be returned to, 7779 124 INDEX. 243 Probate Judge — Concluded. page Special districts, petition for creation of, when filed with, 4731 43 Change of boundary, of, 4732 43 Costs, security for, 4730 42 -Fees, same as in civil cases, 4733 43 Funds, division of, by, 4732 43 Hearing on petition, 4731 43 Jurisdiction of, 4733 43 Notice of hearing, 4731 43 Petition, when district in two or more counties, 4729 42 Remonstrance against formation of, 4730 42 Tax valuation of district, minimum, 4728 42 Transfer of territory, petition for, 4693 32 Costs, security for, 4693 32 County auditor, certificate filed with, 4695 32 Funds , division of , 4696 32 . Hearing on petition, 4694 32 Jurisdiction of , 4695 32 Notice of hearing, 4694 32 Petition, when district in two or more counties, 4693 32 Process. Service of, on boards of education, 4760 53 Professors. Educational institutions, appointment of, for, 9922 182 Faculty, professors are members of, 9925 183 Powers of, 9925 183 Military academies, professors are members of board, 9960 191 Ohio State University, employment and dismissal of, at, 7949 171 Ceramics , department of , instructor in , 7961 173 Chemistry, analysis of fertilizers to be furnished by professor, in, 7964 174 Compensation of , how fixed , 7949 171 Mine and mine engineering, instructor in department of, 7962. 7963 174 Universities of municipalities, 7902 160 Proper Parental Care. Definition of , 1646 , 18 Property. School property, how sold or exchanged, 4749, 4756 49, 51 Exempt from taxation or execution , 4759 52 Prosecuting Attorney. Board of education, legal adviser of, 4761 53 Compensation of , 4762 53 Shall not be a member of board, 4762 63 Funds, fraudulent use of, duty as to report of examiner of, 367 16 Tteachers' institutes, duties as to, 7867 149 Duty of in Juvenile Court, 1664 23 Public Library. (See Library.) 244 INDEX. Publication. page Board of education, sale of property by, 4756 51 Building and repairing, bids for, 7623 78 Receipts and expenditures, by clerk of, 4776 57 City board of examiners, meetings of, 7843 142 County board of examiners, meetings of, 7817 135 Election notice, 4839 60 Publishers. Text boolc law, requirements of, 7709-7716 104-106 Pupils. (See Attendance.) "^ Assignment of by board of education , 7684 96 Expulsion of , 7685 ^ 96 Suspension of , 7685 % Tuition of, may be paid by agreement between boards, 7734 110 Q Qualifications. Examiners, of, 7811, 7838 134, 140 Teachers in common schools, 7830-7833 138-139 In city and village districts, 7821, 7840 136, 141 Quorum. Board of education, of, what constitutes, 4752 . 50 Business that a majority of a quorum cannot transact, 4752.... 50 Educational institutions, what constitutes, 9943 170 Real Property. (See Property.) Receipts and Expenditures. B(5ard of education, clerk of to prepare and ' forward to county auditor, 4775, 7787 '. 57, 127 Publication of, 4776 57 Record. Board of education, how kept, 4754 50 Approval of, 4754 50 Public record, is, 4754 50 Bonds, record of issue, 7626 82 Educational institutions, of, 9967 175 Relief. Board of education may afford to needy children, 7777 123 Religion. School funds, religious sects shall have no control of. Art. VI, Sec. 2 7 INDEX. 245 Reports. page Board of education, financial and statistical, 4775, 7787, 7788 57, 127 City board' of examiners, to state school commissioner, 7854 144 Appointment of, report, 7839 141 City districts, publication of reports, 7785 126 Clerk of board of education, of, 4775, 7787, 7788 57, 127 Enumeration, report of, to auditor, 7799 ! 130 Failure to make, other person to be appointed, 7789 127 Financial , publication of , 4776 57 Penalty for failure to make, 7790, 7791 127, 128 Teachers' report to be filed with, before order is drawn for pay of, 7786 126 Colleges , report of , 359 14 Copies of all reports may be required by the state commissioner, 355 13 County auditor, to state commissioner, 7789 127 Enumeration returned by, to state commissioner, 7803 131 Penalty for not making, or for making fraudulent reports, 7790, 7792, 12929 127, 128, 132 Report of clerk to, failure to make, auditor may appoint other I.c-son, 7791 128 County board )f examiners, clerk of, to make, 7815, 7820, 7836 135 , 136 , 140 Enumeration return by clerk to auditor, 7799 130 County auditor to state commissioner, 7803 131 Original surveyed township, by auditor, 7801 131 Examiner of school funds, report of, 362-366 15-16 Ohio State University, report of teachers, 7947 170 Private schools, report required, 359 14 Probate judge, appointment of school examiners, 7811 134 State commissioner of common schools, report of, 360 14 Superintendent of schools of, 7784, 7785 126 Teachers, report of, 7772, 7784 121, 126 Report must be filed with clerk before order is drawn for pay of, 7786 126 Treasurer of board of education, to auditor, 4770 56 Truant officer, reports of, 7771, 7777, 7779 120, 123, 124 Penalty for failure to make, 12981 125 Visitors to certain endowed schools, to report, 7994 181 Wilberforce University, report of trustees, 7984 178 Representative. (See General Assembly.) Returns. (See Elections, Reports.) / Revocation. (See Certificate.) Rules and Regulations. Board of education, 4750 48 County board of examiners, for, 7816 135 Teachers' pension fund, for, 7893 155 Vaccination, rules for, 7686 97 S Sale. Board of education, sale of property by, 4756 51 Text books, sale of, 7709-7716 104, 106 17* s. L. 246 INDEX. Salt and Swamp Lands. page Proceeds of sale of, how applied, 7577, 7578 66 Salaries. (See Compensation.) May be increased, but not diminished, 7690 98 Minimum , 7595 70 Scholarships. Stock of colleges, etc., may be changed into, 9927 18S Schools. Admission of non-residents, by agreement of boards, 7734 110 Boxwell examinations for high school attendance, 7740 Ill Children's homes, school, at, 7676 94 Closing of, on holidays, 7687 97 During session of teachers' institute, 7869 150 Contifiiied , must be, how long, 7644 87 Conveyance of pupils, to, 7730, 7732 109 Deaf children, schools for, 7755-7761 114-115 Dismissal of, on holidays, 7687 97 Teachers, to attend institute, 7869 150 Examination of schools, by city boards of examiners, 7840 141 Evening schools, 7679, 7680 ' 95 Free to whom, 7681 95 German language , in , 7729 108 High schools, 7649-7672 89-93 Teachers' certificate in , 7831 139 Infirmary, schools at, 7676 94 Janitor of, 7690 98 Number of, required, 7644 87 Orphans' asylum , schools at, 76?B 9^^ Physical training in, 7721 101 Private schools, refjort of, 359 U Pupils, admission of, etc., 7681, 7682 95, 9\'; Attendance enforced, 7762, 7763 11' Non-resident, attendance of, 7681, 7734, 7735 95, 110 Scientific temperance, instruction, in, 7723 108 State commissioner of common schools, as to, 352-367 13-16 Studies, 7648, 7649 89 Text books, in, 7709-7716 104-106 School Books. (See Yext Books.) School Book Commission. Membership of, 7710 105 Price of text books, maximum, fixed by, 7710 105 Publishers, failure to furnish books, a<5tion by com-missin,7712 105 School Districts. (See City, Village, Special and Township.) Classification of, 4679 29 Territory, transfer of, 4692-4695 31-32 School Funds. (See Funds.) INDEX. 247 School Houses. ' page Advertising by board of educatioiii for bids for building., etc., 7G23.. 78 Appropriation of land for, 7624 79 Boards of education, to provide, 7620 77 Directions for bidding for and letting contracts, 7623 78- Bonds for, 7626-7630 ! 82-8? Building, repairing, etc., 7620 7T Contracts, directions for bidding and leting, 7623 78- Entertainments, use of school house for, 7622 78 Exempt from taxation and execution, 4759 52- Flag, display of, 7621 78 Taxation , exempt from , 4759 : 52 Tax levy for, when and how submitted to voters, 7625 80 Bonds of, 7626 82 Certificate of levy, to county auditor, 7628 82 School Rooms. Renting of by boards of education, 7620 77 Schools Specially Endowed. Provisions relating to, 7987-7!»!»4 179-181 Scientific Temperance. Board of education, to require instruction, in, 7724 108 Educational institutions, required to teach, 7723 108 Normal schools, instruction in, at, 7725 108 Penalty for non-enforcement, 7728 • 108 Regular branch of study, to be, 7723 108 State commissioner of common schools, duties as to, 7727 108 Teachers' certificates, not granted without examination in, 7726 108 Institute, instruction at, 7725 108 Secretary of State. Educational institutions, articles of incorporation filed with sec- retary, 9923, 9970 183, 194 Fees of, 8871 194 School book commission, is a member of, 7710 105 State commissioner of common schools, bond of, to be- fikd with, 353 13 Section Sixteen. Enumeration of youth , in , 7794 129 Funds derived from, investment of, 7579, 7580 66 Senator. (See General Assembly.) Session. Schools of, length of time, 7644 87 Settlement. Treasurer of district, with county auditor, 4770, 4772' 56 248 INDEX. -Sinking Fund. page Board of education shall establish, when, 7613 75 Board of commissioners of, 7614 75 Investment of, 7615 76 Refunding debt, 7616 76 Report of, 7617 76 Securities may be sold, 7615 76 ^Ites. Board of education to furnish, 7620 77 Bonds for, 7626, 7629 82, 83 Solicitor. (See City Solicitor.) Special Districts. Abandoned, how, 4741-4744 44-45 Board of education, membership of, 4736 44 Election of, 4738 44 Organization of, 4747 * 47 Terms of members , 4737 44 Clerk of board of education, election of, 4747 47 Compulsory attendance in, 7762-7783 117-125 Conveyance of pupils, 7732 109 Continuance of district, 4741-4743 44-45 Defined, 4684 30 Election in , how conducted , 4738 44 In new district, 4739 44 On abandonment, 4741-4743 44-45 Established by petition, 4728-4732 42-43 Funds, division of on creation of, 4732 43 Officers of, continued in office, 4735 43 President, election of, 4747 T. 47 Tax levy, maximum for, 7591-7592 69, 70 Territory transferred from one district to another, 4692, 4693 31 Treasurer , election of , 4763 54 Tuition, payment of under "Boxwell law," 7747 112 Special Meetings. Boards of education , of , 4751 49 Notice necessary, 4751 49 State Board of Examiners. Appointment of, 7805 133 Certificates issued by, 7807 133 Compensation of members , 7810 • 134 Examination fees, disposition of, 7809 134 Term of members, 7806 133 Vacancies in , how filled , 7806 133 State Commissioner of Common Schools. Appeal to, by applicants for teachers' certificate, 7857, 7858 144 Board of examiners, report of appointment of members of, to 7814, 7839 135, 141 Report of board, to, 7836, 7854 140, 144 INDEX. 249 State Commissioner of Common Sciiools — Concluded. page Bond of, .353 13 Books and papers, preservation of, 354 13 City districts, may sub-divide when board fails to act, 4701 34 Colleges, reports of, to, 359 14 County auditor, reports of, to, 7789, 7803 127, 131 Duties. Attendance of, at office, required, 354 13 Certificate to county auditor for receipt of reports, 7793 128 Examination questions, uniform system prescribed, duties as to, 7819 136 Forms prepared, and furnished by, 357, 356, 7788 14, 127 Laws, preparation and distribution of, 356 14 School funds, investigation of, duties as to, 362 15 Scientific temperance, duty as to, 7727 108 Visitations by, 354 13 Election of, 352 13 Enumeration return to , 7803 131 Action by, when enumeration excessive, 7804 131 Forms for blank books, report blanks, etc., prepared by, 356, 357, 7788 14, 127 High schools, shall classify, 7661 91 Office of, where located, 354 13 Report of , publication , contents , 360 14 Copies of all reports of school officers and any other information may be required by the commissioner, 355, 7788 14, 127 School book commission, is a member of, 7710 105 School funds, supervision over, 355, 362 14, 15 State board of examiners, appointment of members, by, 7805 133 State certificates, countersigned by, 7808 134 Superintendent or teacher, commissioner shall not be, 354 13 Teachers' institute, report of, to, 7863, 7865, 7874 .149, 151 Commissioner may hold institute, when, 7868 149' Term of, 352 13 Text books, filed at office of, 7709 104 Notice to boards of education, 7711 . .• 105 Price, maximum, fixing of, 7710 105 . Publishers' list price, filing of, 7709 .' 104 Notification to, 7710 105 Vacancy in office, of, how filled, 352 13- State Common School Fund. (See Funds.) State Certificate. (See Certificate.) State School Book Commission. (See School Book Commission.) State Treasurer. Bond of state commissioner of common schools, to be filed with, 353 13 Statistics. Report of, 4775, 7784, 7787-7789 65, 126-127 Statutes. Interpretation of , 27 11 250 INDEX. Stockholder. page Educational institutions, assessments of, 9956-9959 ,. 191 Studies. (See Branches of Study.) Sub-districts. (See Director.) City districts, certain cities shall be sub-divided, 4700 34 Redistricting, 4701 34 State school commissioner to act when board fails, 4701 34 Township districts, election of director, powers and duties, 4717- 4722 39-40 Enumeration taken by director, 4722 40 Existing sub-districts recognized for school attendance, 4716... 39 Change of, 4716 39 w Summons. Board of education, summons for, 4760 53 Superintendent of Buildings. Appointment of by board of education, 7690 98 Superintendent of Schools. Appointment of, 7690, 7702, 7705 •. . . . 98, 103 Board of education, elected by, 7690, 7702, 7705 98, 103 City boards of examiners, to give information to, 7841. 141 Compensation of fixed by board of education, 7690 98 Duties of, 7703 103 Employment of, 7690, 7702, 7705 98, 103 Order for pay of, when illegal, 7786 126 Penalty for failure to enforce temperance instruction law, 7728 108 Private teacher, is judge of qualifications of, 7763, 7767 117, 119 Pupils may be excused from attendance by, 7763 117 Suspension of, by, 7685 96 Reports required of, 4775, 7784, 7786, 7788 57, 126, 127 Teacher, may appoint in city districts, 7703 103 Suspension of, by, 7703 103 Term of, maximum, 7702, 7705 103 Truant officer, directions to, by superintendent, 7771, 7773 120, 121 Report ©f , to superintendent, 7771 120 Suspension. Director in city districts, may be, 7698 102 Pupils may be suspended from schools, 7685 96 Schools may be suspended in subdistricts, when, 7730, 7731 109 Discontinued in sub-districts, when, 4726 41 Schools specially endowed, suspension of trustees of, 7989 179 Teacher may be, by superintendent in city districts, 7703... 103 Swamp Lands. Interest upon proceeds of sale of, disposition of, 7577, 7578 66 INDEX. 251 Tax. PAGE Board of education, regular tax levy, by, 7586, 7587 68 Certificate of, to cownty auditor, 7594 70 Maximum levy by, authorized, 7591 69 Special levy by, election for, 7628 82 Manual training school, tax for, 7722 107 Compulsory education law, tax authorized, when, 7738 110 Election on question of special levy, 7592, 759S, 7625 70, 80 High schools, township districts, tax for, 7668 92 Township or joint township high school, election on question of levy for, 7669.' 92 Election not necessary, when, 7669 92 Maximum levy for all districts , 7591 69 Ohio State University, tax for, 7929 167 Ohio State University, lands of, on, 7935, 7937, 7938 168, 169 Property of board of education, exempt from, 4759 52 School property, exempt from taxation. Art. XII, Sec. 2, 4759 8, 52 School tax paid by non-residents to be credited on tuition, 7683 96 Special levy, election on question of, 7625 80 Certilicate of, to county auditor, 7628 82 State school tax, 7575 \ 65 Tax levy , maximum for schools , 7591 69 Estimate for, certified to county auditor, 7594 70 Levy to exceed maximum, must be submitted to vote, 7592 70 Universities of municipalities, for, 7908, 7909 162 Teachers. Appointment of, 7691, 7703, 7705 100, 103 Certificate granting of, 7807, 7821, 7844 133, 136, 142 Branches of study necessary, 7726, 7830, 7832 108, 138, 139 Elementary 7830 , 138 Fee required for, 7809, 7818 134, 136 High school, 7831 139 On diploma, 7825, 7858-1 to 7858-7 137, 145-147 Original or copy must be filed with the clerk of the board of education, 7786 126 Prerequisite to employment of, 7786, 4777 126, 57 Revocation of, 7808, 7822, 7850 134, 137, 143 Special, 7832 139 Compensation of , how fixed , 7690 ; 98 Dismissal of, 7665, 7701, 7703..... 92, 103 For insufficient cause, may institute suit, 7708 104 Duties of , 7707 104 Elementary schools, certificates for, 7830 138 Employed as, who may be, 7830-7832 138-139 Epidemic, shall receive pay when schools are closed on account of, 7690 ' 98 Examination of, for certificates, 7817, 7819, 7821-7827, 7829-7832, 7840-7850 135, 136-137, 138-139, 141-143 High schools in townships, teachers in, 7665 , 92 Certificates for, what required , 7831 139 Holidays, may dismiss schools on, 7687 97 252 INDEX. Teachers — Concluded. page How paid 214 Institute, may organize, 7859, 7871 148, 150 Schools may be dismissed for teachers to attend, 7869 150 Teachers shall receive pay for attendance, 7870 150 Investigation of, by county examiners, 7827 137 Janitor work not required of, 7707 104 Order for pay of, when illegal, 7786 126 Pension fund. (See pension fund for teachers.) Qualifications for employment in schools, 7726, 7830, 7832 108, 138-139 Report of schools, required by, 7777, 7786, 7784 121, 126 Salary , minimum of , 7595 70 Clerk authorized to draw warrant for, when 214 Scientific temperance, must be examined in, 7726 108 State commissioner of common schools, duties as to, 354, 7858 13, 144 Suspension of pupils by, 7685 96 Term of appointment, maximum, 7691, 7705 100, 103 Teachers' Institute. Bond of executive committee, 7863 149 Forfeiture of bond, 7867 149 City districts , institutes for, 7871 150 Funds for, how provided, 7820, 7855, 7872 136, 144, 150 County auditor to pay to executive committee, 7864" 149 Unexpended balance to be returned to county treasury, 7864... 149 Organization of, 7859 148 Purpose of, 7859^ 148 Report to state commissioner of common schools, 7865, 7874 149, 151 Penalty for failure to report, 7866 149 Scientific temperance, instruction in, required, 7728 108 Sessions, length of, 7874 151 State commissioner of common schools, to visit, 354 13 May hold institute, when, 7868 149 Teachers may dismiss school to attend, 7869 150 Shall receive pay for attendance, 7870 150 Temperance. (See Scientific Temperance.) Territory. Annexed for school purposes , 4690 , 4691 '. 31 Detached for school purposes , 4680-4683 29-30 Transfer of, 4692^694 31-32 Text Books. Adoption of by boards of education, 7713-7716 106 Board of education, may appoint agent for sale of, 7715 106 Failure of publishers to furnish, action taken by board, 7712. . . . 105 Notice to, of publishers entitled to sell books, 7711 105 Purchase and sale of, by, 7713-7715 .' 106 Exchange of, with pupils, 7716 106 Failure of publishers to furnish, action to be taken by commission, 7712 105 Filing of, in office of state school commissioner, 7709 104 Free school books, 7739 Ill INDEX. 253 Text Books — Concluded. page Notice to publishers, 7710 105 Price of, how fixed, 7710. 105 Publishers' price, filing of, 7709 104 School Book Commission, how constituted, duties, 7710, 7712 105 Thanksgiving Day. Dismissal of schools, on, 7687 97 Tie Vote. Election of member of board of education, tie vote decided by lot, 5121 61 Toledo University. Provisions applying to, 7915-7922 163-165 Township Districts. Attached territory, assignment of, 4714 39 Electors in, voting of, 4714 39 Board of education, election of, 4712, 4713, 4862, 4997, 4998, 5049, 5120, 5121 38, 60, 61 Meetings of, 4715, 4747 39, 47 Special meetings , how called , 4751 49 Membership of, 4712 38 Organization of , 4747 47 Payment of teachers, may provide for 214 Centralization of, 4726, 4727, 7730, 7731 41, 109 Clerk of, 4747 47 Commencements, held in, 7742 Ill Expenses of, how paid, 7746 112 Compulsory attendance, in, 7762-7783 ' Contingent fund, apportionment to, 7600, 7602 71 , 72 Defined, 4683 30 Director, election of, 4717 39 Enumeration taken by, 4722 40 Powers and duties of, 4722 40 Forms relating to 199-211 High schools in, 7663-7672 91-92 Joint sub-districts abolished , 4723 40 Attached to township district, 4723 40 Map of, filed with county auditor, 4724 40 Map of, 4716 39 Sub-districts recognized for school attendance, 4716 39 Discontinued, when, 7730, 7731, 4726, 4727 109, 41 Number of schools required in, 7646 89 Schools of, continued same length of time, 7644 87 Tax levy authorized , maximum , 7591 69 Teacher, election of, in, 7691, 7705 100, 103 Territory transferred, how, 4692-4695. 31-32 Treasurer of. (See board of education, treasurer of) Tuition, payment of to high school, 7734, 7747 110, 112 Township Treasurer. (See Treasurer of Board of Education.) Board of education, is ex-officio treasurer of, 4763 54 254 INDEX. Township Trustees. page Corpse, surrender of by, for dissection, 9984 : 197 Relief of indigent children, to secure school attendance, 7777 123 Vaccination of pupils, duties as to, 7686 97 Transfer. Funds , amount that may be , 5655 80 Surplus of special tax or loan, 5654 80 Surplus in established fund, 5655 80 When may be , 5655 80 Pupils of, from one district to another, 7734 110 Assignment of, 7684 96 When pupil lives more than one and one-half miles from school, 7735 110 Territory from one district to another, 4692-4695 31-32 . Form for 205 Transportation. Centralized townships, of pupils in, 4726, 4727 41 Special districts, of pupils in, 7732 109 Sub-districts, of pupils in, 7730, 7731 109 Traveling Expenses. Examiner of school funds, of, 366 16 State examiners, of, 7810 134 Treasurer of Board of Education. Accounts of , how kept , 4778 66 Bond of , execution of , 4764 54 Copy of, to be filed with county auditor, 4766 55 Funds must be produced and counted, on filing of bond, .4767.. 55 New bond may be required , 4765 ' 54 Compensation of , 4781 58 Disbursements by , 4768 55 Election of, 4763 54 Forms relating to 199-211 Funds, amount treasurer may hold, 4769 55 Embezzlement by, penalty for, 12878 58 May receive or pay money , when , 4768 '. 55 Orders on , how drawn , 4768 55 Receipt of moneys, by, 7594, 4768 70, 55 School district, treasurer of, how selected, 4763 54 Settlement with county auditor, 4770 56 / Penalty for failure to make, 4772 56 Successor, delivery of property to, 4773 56 Teachers' institute in city districts, funds of, to be paid to county treasurer, when, 7873 150 Term of, 4763 54 Treasurer of County. (See County Treasurer.) Trial. Blind children, hearing to determine advisability of sending to state institution , for 7778 124 INDEX. 255 Trial — Concluded. page Deaf and dumb children, hearing to determine advisability of send- ing to state institution, for, 7778 124 Juvenile disorderly persons, proceedings against, 7774 122 Parents, proceedings against for failure to compel children's at- tendance at school, 7773, 12977 121, 122 Teacher, trial of, by school examiners, 7827, 7850 137, 143 Truant. Forms relating to truancy 211 Juvenile disorderly person, truant is, 7768 120 Penalties, 7774, 12977 122 Proceedings against, 7773-7775 121-123 Report of, by principal and teachers, 7772 121 Truant Officer. Complaint by, against child, 7774 122 Deaf, dumb and blind children, report of, 7778 124 Forms relating to duties of 199-211 Notice to parents, 7773 121 Parent, warning to, by, 7773 121 Penalty, for neglect of duty, 12981-12985 125 Powers and duties, 7770, 7771 120 Relief of indigent child, report of, 7777 123 Report to, by principals and teachers, 7772 121 Trustees. (See Township Trustees.) Universities of municipalities, trustee of property of, 7917 164 Educational institutions, trustees of, 9922-9979 182-196 Ohio State University, of, 7943-7972... 170-176 Schools specially endpwed, trustees of, 7987-7994 179-181 Wilberforce University, of, 7975-7986 176-178 Tuition. Free, when, 7681 95 Non-residents, entitled to credit of school tax paid within the dis- trict, 7683 96 Payment of, by agreement between the boards of education, 7734... 110' For "Patterson" graduates, 7747 112 Pupils residing more than one and one-half miles from school, payment of, 7735 110 U United States IVIiiitary District. Enumeration of youth in, 7794 129 Funds derived from sale of lands in, disposition of, 7579, 7580 66 University. (See Colleges and Universities.) University of Cincinnati. Admission to, regulated, 7920 165 Bequests, may accept, 7915 163 Degrees, when conferred, 7904 161 256 ' INDEX. University of Cincinnati — Concluded. page Funds, application of, 7916 163 Accounts of, how kept, 7918 164 Site and grounds, 7906 161 Tax for, how levied, 7908 '162 University of Toledo. (See Toledo University.) V Vacancy. Board of education in, how filled, 4748... 47 City board of examiners, in, 7839 r. 141 County board of examiners, how filled, 7814 135 Director in township districts, how filled, 4720 20 Educational institutions, in board of trustees, how filled, 9930 184 Ohio State University, in board of trustees, how filled, 7942 169 Schools specially endowed, board of trustees of, 7989 , 179 State board of examiners, how filled, 7806 133 State commissioner of common schools, in office of, 352 13 Wilberforce University, in board of trustees, 7978 177 Vaccination. Free in certain cases , 7686 97 Rules in regard to in schools, 7686 97 Village Districts. Abandonment of, 4688 80 Abohshment of, 4688 30 Disposal of property in case of, 4689 31 Advancement to, 4687 30 Attached territory, assignment of, 4711 '". 37 Electors, voting in, 4711 37 Board of education, election of, 4708-4711, 4862, 4997, 5032, 5034, 5039, 5120, 5121 37, 60, 61 Meetings of, 4747, 4751 47, 49 Membership of, 4708, 4710 37 Organization of, 4747 47 Clerk of, 4747 47 Compulsory attendance in, 7762-7783 117-125 Defined, 4681, 4682 29, 30 Election in newly created village, 4710 37 Libraries, may be established in, 7642 85 Tax levy for , maximum , 7591 69 Transfer of territory, 4692-4695 31-32 Treasurer of. (See treasurer of board of education.) Village shall become village district, 4687 30 Virginia Military District. Enumeration of youth in, 7794 129 Visitors. (See Board of Visitors.) Vouchers. (See Order.) INDEX. 257 W Wages. (See Compensation.) page Washington's Birthday. Dismissal of schools, on, 7687 97 Week. School 'week, length of, 7689 97 Wilberforce University. Normal and industrial department of, 7975 176 Admission to, free, of appointee of member of general as- sembly, 7985 178 Appropriation for, 7983, 7986 177, 178 Board of trustees, appointment of, 7976, 7977, 7979 176, 177 Expenses of, 7980 177 Meetings of, 7980 177 Powers and duties of, 7981 177 Report of, 7984 154 Vacancies in, how filled, 7978 177 Bond of treasurer, 7983 177 Funds of, 7983 177 Non-sectarian department, 7982 177 Tax levy for, 7986 178 Woman. Registration of, 4940 60 Vote for school officers, entitled to, 4862 60 Y Year. Annual enumeration , 7794 129 School year, length of, 7689 97 Time schools must be continued in year, 7644 87 Yeas and Nays. Board of education, yea and nay vote of, must be taken in certain cases, 4752 on page 50 amended. See page 214 Youth. Assignment of, to schools, by board of education, 7684 87 Attendance at school , free , when , 7681 95 Attendance of, enforced, 7762-7783 117-125 Enumeration of, 7794-7804 129-131 Employment of, unlawful, when, 12975 122 Non-residents, can attend school, under what conditions, 7682, 7683, 7734, 7735, 7747, 7748.... 96, 110, 112 DEC 6 .t.n HTFT ADVANCE SHEETS OF SCHOOL LAWS ENACTED BY THE 79th GENERAL ASSEMBLY AT ITS REGULAR SESSION, 1911 ISSUED BY THE STATE COMMISSIONER OF COMMON SCHOOLS f ^ of THE > JOHN W. ZELLER, Commissioner (House Bill No. 221.) AN ACT To amend section 3963 of the General Code relating to the furnishing of water to public schools and other institutions. Be it enacted by the General' Assembly of the State of Ohio: Sfxtion I. That section 3963 of the General Code be amended to read as follows : Sec. 3963. No charge shall be made by the director of public serv- ice in cities, or by the board of trustees of public affairs in villages, for supplying water for extinguishing fires, cleaning fire apparatus, or for furnishing or supplying connections with fire hydrants, and keeping them in repair for fire department purposes, the cleaning of market houses, the use of any public b'uilding belonging to the corporation, or any hospital, asylum, or other charitable institutions, devoted to the re- lief of the poor, aged, infirm, or destitute persons, or orphan or de- linquent children, or for the use of public school buildings; but, in any case where the said school building, or buildings, are situated within a village or cities, and the boundaries of the school district include ter- ritory not within the boundaries of the village or cities in which said building, or buildings, are located, then the directors of such school dis- trict shall pay the village or cities for the water furnished for said building or buildings. Section 2. That said original section 3963 of the General Code is hereby repealed. Speaker of the House of Representatives, Hugh L. Nichols, . Passed April 26, 191 1. President of the Senate. Approved May 6, 191 1. JuDsoN Harmon, Governor. (House Bill No. 241.) AN ACT To amend section 4682 of the General Code relating to villages with less than one hundred thousand tax valuation. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 4682 of the General Code be amended to read as follows : Sec. 4682. A village, together with the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, with a tax valuation of less than one hundred thousand dollars, shall not constitute a village school district^ but the proposition to dissolve or organize such village school district shall be submitted by the board of education to the electors of such vil- lage at any general or a special election called for that purpose, and be so determined by a majority vote of such electors. Section 2. That said original section 4682 of the General Code be^ and the same is hereby repealed. S. J. VlNING^ Speaker of the House of Representatiz'es, Atlee Pomerene^ Passed February 28, 191 1. President of the Senate. Approved March 6, 191 1. JuDSON Harmon, Governor. (Senate Bill No. 285.) AN ACT To amend sections 7620 and 7625 of the general code, empowering boards of education to secure playgrounds. Be it enacted by the General Assembly of the State of Ohio : Section i. That sections 7620 and 7625 of the general code be and the same are hereby amended to read as follows : Sec. 7620. The board of education of a district may build, enlarge, repair and furnish the necessary school houses, purchase or lease sites therefor, or rights of way thereto, or purchase or lease real estate to be used as playgrounds for children, or rent suitable schoolrooms, pro- vide Ihe necessary apparatus and make all other necessary provisions for the schools under its control. It also, shall provide fuel for schools, build and keep in good repair fences inclosing such school houses, when deemed desirable plant shade and ornamental trees on the school grounds, and make all other provisions necessary for the convenience and prosper- ity of the schools within the subdistricts. Sec. 7625. When the board of education of any school district de- termines that for the proper accommodation of the schools of such dis- trict it is necessary to purchase a site or sites to erect a schoolhouse or houses, to complete a partially built schoolhouse, to enlarge, repair or furnish a schoolhouse, or to purchase real estate for playground for children, or to do any or all of such things, that the funds at its dis- posal or that can b'e raised under the provisions of sections seventy-six hundred and twenty-nine and seventy-six hundred and thirty, are not sufficient to accomplish the purpose and that a bond issue is necessary,, the board shall make an estimate of the probable amount of money re- '^Av.f: " '/^,, quired for such purpose or purposes and at a general election or special election called for that purpose, submit to the electors of the district the question of the issuing of bonds for the amount so estimated. Notices of the election required herein shall be given in the manner provided by law for school elections. Section 2. That said original sections 7620 and 7625 of the general code be and the same are hereby repealed. S. J. VlNING^ Speaker of the House of Representatives. Hugh L. Nichols, Passed May 31, 1911. President of the Senate. Approved June 7, 191 1. JuDSON }1arm.o^ ,- Governor. (House Bill No. 151.) AN ACT To amend section 7681 of the General Code, relative to the admission of youth to the public schools. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 7681 of the General Code, be amended to read as follows : Sec. 7681. The schools of each district shall be free to all youth between six* and twenty-one years of age, who are children, wards, or apprentices of actual residents of the district, including children of proper age who are inmates of a county or district children's home located in such a school district, at the discretion of its board of educa- tion, but the time in the school year at which beginners may enter upon the first year's work of the elementary schools shall be subject to th.e rules and regulations of the local boards of education. But all youth of school age living apart from their parents or guardians and who work to support themselves by their own labor, shall be entitled to attend school free in the district in which they are employed. Section 2. That said original section 7681 of the General Code be and the same is hereby repealed. S. J. ViNING, Speaker of the House of Representatives. Wm. Green, President pro tern, of the Senate. Passed March 30th, 191 1. Approved April 11, 1911. JuDSON Harmon, Governor. (House Bill No. 361.) AN ACT To amend section 7702 of the General Code, relative to appointment of superintendent of city school district, and to provide a uni- form time for the beginning and ending of superintendent's contract. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 7702 of the General Code be amended to read as follows : Sec. 7702. The board of education in each city school district at a regular meeting, between May ist and August 31st, shall appoint a suitable person to act as superintendent of the public schools of the dis- trict, for a term not longer than five school years, beginning within four months of such appointment and ending on the 31st day of August. Provided, that in the event of a vacancy occurring in the office of the superintendent prior to May ist, the board of education may ap- point a superintendent for the unexpired portion of that school year. Provided, also, that if the vacancy occur through resignation or re- moval for cause, the superintendent thus resigning or removed shall be ineligible for reappointment to such office yntil after the reorganization of the board of education following the next general election of mem- bers of such board. Section 2. That said original section 7702 of the General Code be, and the same is hereby repealed. S. J. VlNING^ Speaker of the House of Representatives. Hugh L. Nichols, Passed May. 31, 191 1. President of the Senate. Approved May 31, 191 1. JuDSON Harmon, Governor. (House Bill No. 258.) AN ACT To amend section 7753 of the General Code relating to school inspectors. Be it enacted by the General Assembly of the State of Ohio: Section i. That section 7753 of the General Code be amended to read as follows : Sec. 7753. To aid in the recognition and classification of high schools, established or seeking recognition in accordance with the pro- visions of this chapter, the state commissioner of common schools shall appoint two competent inspectors. Under the orders and supervision of the commissioner of schools such inspector shall make examinations of any public schools in the state, visit teachers' institutes, confer with various school authorities and assist the state commissioner of common schools in such other ways as he may direct. The term of the inspec- tors now holding office shall continue until the third Monday in July following the expiration of their present terms, and thereafter one of such inspectors shall be appointed on the third Monday of each July to hold office for two years and until his successor is appointed and quali- fied. Such inspectors shall be paid an annual salary of two thousand dollars. Section 2. That said original section 7753 of the General Code be and the same is hereby repealed. S. J. ViNING, Speaker of the House of Representatives, Hugh L. Nichols, President of the Senate, Passed April 10, 191 1. Approved April 11, 1911. JuDSON Harmon, Governor. (House Bill No. 199.) AN ACT To amend sections 7821 and 7826 of the General Code fixing the date of termination of teachers' certificates. Be it enacted hy the General Assembly of the State of Ohio: Section i. That sections 7821 and 7826 of the General Code be and the same are hereby amended to read as follows : Sec. 7821. County boards of school examiners may grant teachers' certificates for one, two, three, five and eight years which shall be vaHd in all village, township and special school districts of the county wherein they are issued. In school districts situated in two or more counties, teachers' certificates obtained in either county shall be valid in such dis- tricts. Such certificate shall be valid for one, two, three, five and eight years from the first day of September following the day of the exami- nation. Sec. 7826. Between regular examinations county boards of school examiners at their discretion may issue temporary certificates which shall be valid only until the next regular examination held by such 8 boards after the issue of such certificate, and at any regular examina- tion such board upon proper appHcation being made, subject to the same rule:: and regulations as applied to the granting of regular certificates shal; issue temporary certificates which shall be valid from the date of issue until the first day of September following. Section 2. That said original sections 7821 and 7826 of the Gen- eral Code be, and the same are hereby repealed. S. J. VlNING^ ;i. Speaker of the House of Representatives, Hugh L. Nichols, President of the Senate, Passed May 31, 191 1. Approved June 8, 191 1. JuDSON Harmon, Governor. (House Bill No. 176.) AN ACT To amend sections 7823 and 7846 of the General Code, as amended May 10, 1910. (101 O. L. 305-306), relative to teachers' pro- fessional certificates. Be it enacted by the General Assembly of the State of Ohio : Section i. That sections 7823 and 7846 of the General Code, as amended May 10, 1910, (loi O. L. 305-306), be amended so as to read as follows : Sec. 7823. Applicants for five-years' or eight-years' certificates shall have had not less than forty months' experience in teaching and shall make not less than eighty-five per cent, in any branch and a general average of not less than ninety-two per cent. All five-years' and eight- years' certificates shall be regarded as professional certificates, and shall be renewed without examination at the discretion of the examining board, except that no such certificate will be renewable if the holder thereof has not been actively engaged in teaching within the four years preceding. Such professional certificate shall be valid in any county in the state. Sec. 7846. Applicants for five-years' and eight-years' certificates shall have had not less than forty months' experience in teaching and shall make not less than eighty-five per cent, in any branch and a general average of not less than ninety-two per cent. All five-years' and eight- years' certificates shall be regarded as professional certificates and be renewed without examination" at the discretion of the examining board, except that no such certificate will be renewable if the holder has not been actively engaged in teaching within the four years preceding. Section 2. That said original sections 7823 and 7846 of the General Code, as amended May 10, 1910, (loi O. L. 305-306), be ^nd the same are hereby repealed. S. J. VlNING^ Speaker of the House of Representatives. Wm. Green, President pro tern, of the Senate. Passed March 30, 191 1. Approved April 11, 191 1. JuDSON Harmon, Governor. (House Bill No. 520.) AN ACT To amend sections 7830 and 7831 of the General Code, requiring the subject of agriculture to be taught in the public schools. Be it enacted by the General Assembly of the State of Ohio : ~ Section i. That sections 7830 and 7831 of the General Code be amended to read as follows : Sec. 7830. No person shall be employed or enter upon the perform- ance of his duties as a teacher in any elementary school supported wholly or in part by the state in any village, township or special school district who has not obtained from a board of school examiners having legal juris- diction a certificate of good moral character; that he or she is qualified to teach orthography, reading, writing, arithmetic, English grammar and <:omposition, geography, history of the United States, including civil government, physiology, including narcotics, literature, and on and after September first, 19 12, elementary agriculture, and that he or she pos- sesses an adequate knowledge of the theory and practice of teaching. Sec. 7831. No person shall be employed or enter upon the perform- ance of his duties as a teacher in any recognized high school supported :^holly or in part by the state in any village, township or special school district, or act as a superintendent of schools in such district, who has -not obtained from a board of examiners having legal jurisdiction a cer- tificate of good moral character ; that he or she is qualified to teach litera- ture, general history, algebra, physics, physiology, including narcotics, and in addition thereto, four branches elected from the following "branches of study: Tatin, German, rhetoric, civil government, geometry, •physical geography, botany and chemistry, and on and after September lO first, 1912, agriculture; and that he or she possesses an adequate knowl- edge of the theory and practice of teaching. Section 2. That said original sections 7830 and 7831 of the General Code be, and the same are hereby repealed. S. J. VlNING^ Speaker of the House of Representatives^ Hugh L. Nichols, President of the Senate^ Passed May 17, 191 1. Approved May 18, 191 1. JuDSON Harmon, Governor. (House Bill No. 210.) AN ACT To amend and supplement section 7832 of the General Code, by en- acting section 7832-1, relative to certificates issued to special teachers. Be it enacted by the General Assembly of the State of Ohio : Section i. That section 7832 of the General Code be amended' and supplemented by enacting section 7832-1 to read as follows: Sec. 7832. No person shall be employed and enter upon the per- formance of his duties as a special teacher of music, drawing, painting, penmanship, gymnastics, German, French, Spanish, the commercial and industrial branches, or any one of them, in any elementary or high school supported wholly or in part by the state in any village, township- or special school district, who has not obtained from a board of exami- ners having legal jurisdiction a certificate of good moral character; that he or she is qualified to teach the special branch or branches of study, ard, in addition thereto, possesses an adequate knowledge of the theory and practice of teaching. Sec. 7832-1. - A ''teachers special certificate" which shall be valid for the first four grades in elementary schools, shall be granted to ap- plicants who have had one year's experience in the public schools of Ohio and who pass satisfactory examinations for primary work. How- ever, nothing in this section shall exclude any teacher holding a valid teacher's elementary school certificate from teaching in any grade below high school rank. Such examinations shall be held twice in each school year, on such dates as the state commissioner of common schools may prescribe, of which he shall give at least 60 days' written notice to the clerks of the various boards of school examiners. II Section 2. That said original section 7832 of the General Code be, and the same is hereby repealed. S. J. VlNING^ Speaker of the House of Representatives. Hugh L. Nichols, President of the Senate. Passed May 31, 191 1. Approved June 8, 191 1. JuDSON Harmon, Governor. (Senate Bill No. 142.) AN ACT To amend sections 7877, 7878, and 7891 of the General Code relating to teachers' pensions. FjC it enacted by the General Assembly of 'the State of Ohio: Section i. That sections 7877, 7878 and 7891 of the General Code- be amended to read as follows : Sec. 7877. When the board of education of any school district has- declared the advisability of creating a school-teachers' pension fund, its clerk shall notify each teacher in the public schools and high schools, if any, of the school district, by notice in writing of the passage of such resolution, and require the teachers to notify the board in writing within thirty days from the date of such notice whether they consent or decline to accept the provisions of law for creating such a fund; but teachers, v/ho, prior to the first day of July, 191 1, were in the employ of a board of education which has created such a fund under this law shall not be denied the right of accepting the provisions hereof before the first day of January, 1912. After the election of the board of trustees herein pro- vided for, two dollars ($2.00) shall be deducted by the proper officers from the monthly salary of each teacher who accepted such provisions, and from the salary of .all new teachers such sum to be paid into and applied to the credit of such pension fund; and such sum shall continue^ so to be deducted during the term of service of such teacher. All persons employed for the first time as teachers by a board of education which has created such a pension fund shall be deemed hew teachers for "the purpose of this act, but the term new teachers shall not be construed to include teachers serving under reappointments. New teachers shall by accepting employment as such accept the provisions of this act and thereupon become contributors to said pension fund in ac- cordance with the terms hereof. And the provisions of this act shall! become a part of and enter into such contract of employment. 12 Sec. 7878. /\11 moneys received from donation, legacies, gifts, bequests, or from any other source, shall also be paid into such fund, •or into a permanent fund. If paid into a permanent fund, only the :ir:terest thereof shall be applied to the payment of pensions. Sec. 7891. A teacher who resigns, upon application within three (3) months after such resignation takes effect, shall be entitled to re- <:eive one-half of the total amount paid by such teacher into such fund. If at any time a teacher who is willing to continue in the service of the board of education is not re-employed or is discharged before his term ■of service aggregates twenty years, then to such teacher shall be paid back at once all the money he or she may have contributed under this law. But if any teacher who has taught for a period aggregating twenty years is not re-employed by the board of education, sucli failure to re-employ shall be deemed his retiring, and such teacher shall be en- titled to a pension according to the provisions of this act. Section 2. That said original sections 7877, 7878, and 7891 of the General Code be and the same are hereby repealed. S. J. ViNING, Speaker of the House of Representatives. H. L. Nichols, President of the Senate. Passed May 31, 191 1. . Approved June 13, 19 11. ^ JuDSON Harmon, Governor. (House Bill No. 603.) AN ACT To authorize the location of a high school building on the Ohio state university campus, iBe it enacted by the General Assembly of the State of Ohio : Section i. The construction of a high school building on the ■campus of the Ohio state university is hereby authorized upon such terms as may be agreed upon by the trustees of the Ohio state uni- versity and the board of education of the city school district of the city •of Columbus, Ohio, and such high school shall be used as an observation and practice school by the college of education of the Ohio state uni- "versity upon the terms and conditions as agreed upon by the said board •of trustees and the said board of education. 13 At no time shall the State of Ohio b'e called upon to assist in. defraying the expenses of conducting or repairing such school. S. J. Ytninh, Speaker of the House of Representatives.. Hugh L. Nichols, Passed May 31, 191 1. President of the Senate.. Approved June 7, 191 1. JuDSON Harmon, Governor. (House Bill No. 101.) AN ACT To make appropriations for the support of the common schools of the state. Be it enacted by the General Assembly of the State of Ohio : Section i. That there be, and is hereby appropriated from any- moneys raised or coming into the state treasury for the support of the* common schools, for the fiscal year ending November 15, 191 1, the sum of two million four hundred and seventy-five thousand ($2,475,000.00) dollars, to be distributed for that purpose at the rate of two ($2.00) dollars for each enumerated youth ; and paid in the manner provided by- sections 7582, 7583 and 7584 of the General Code of Ohio. S. J. ViNING, Speaker of the House of Representatives. Atlee Pomerene., Passed February 14, 191 1. President of the Senate.. Approved February 20, 191 1. JuDSON Harmon, Governor. (Senate Bill No. 18.) AN ACT To provide for the teaching of agriculture in the common schools of the state of Ohio. Be it enacted by the General Assembly of the State of Ohio : Section i. That agriculture be added to and made one of the- branches of education to be taught in the common schools of the state of Ohio ; and that said branch of agriculture shall be taught in all the com- 14 aiion schools of said state of Ohio, which schools are supported in whole ■or in part by the state; in any village, township or special school dis- trict; provided however, that the provisions of this act shall not apply to city school districts of said state. Section 2. That the state of Ohio be divided into four agricultural districts to be mapped out, located and defined by the state commissioner <)i common schools of said state of Ohio; provided however, that said agricultural districts shall be made up and composed of counties which are contiguous and that no county in the state shall be divided in the laying out of said districts so that part of said county shall be included in one of said agricultural districts and part in another district. Section 3. That the state commissioner of common schools shall ■superintend all such agricultural education in Ohio designated in Section I of this act, and shall have full power to, and shall appoint in each and every one of said agricultural districts, so mapped out and desig- nated by him, a person to be known as a district supervisor of agri- culture whose duty it shall be to visit and co-operate with the several boards of education in his respective district in mapping out such a course of study in agriculture as they may think best adapted to the wants and needs of the people of the respective school districts; to visit the county teachers institute in every county in his district and give public instruction in the teaching of agriculture to the teachers of the several schools designated in Section i of this act; to co-operate with the state board of agriculture and give the state such time as may be necessary to lecture on agricultural subjects as they may be applied to the schools designated in Section i of this act at least once a year in every county in his agricultural district; to encourage county agricultural societies in each county of his agricultural district in establishing school children's agricultural exhibits at each annual county fair ; to make regu- lar reports to the state commissioner of common schools at the end of each month, relating to the promotion of agricultural education in the schools designated in Section i of this act, in their respective agricultural districts ; and to make such otlier and further reports to said state school couimissioner and to perform such other and further duties for the pro- motion of agricultural education in said schools, as the said state school commissioner may direct. Section 4. That the appointments of persons to fill the offices of district supervisors of agriculture as designated and defined in Section 3 of this act shall be made on the first Monday of August, 191 1, and biennially thereafter, and the persons so appointed district supervisors of agricultural education shall serve for two years from date of appoint- ment and not more than two of them shall be of the same political party. Section 5. That each and every one of said district supervisors of agricultural education designated and provided for in this act shall receive an annual salary of two thousand dollars ($2,000.00) and his 15 iiif'cessary traveling expenses not to exceed one thousand dollars (^:,ooo.oo) per annum. Section 6. That any district supervisor of educational agriculture provided for in this act may be dismissed from said office by the state commissioner of common schools for incompetency, immorality or neg- lect of duty, but no such district supervisor shall be dismissed without just cause, when he is known to be making a success of his work. Section 7. That whenever any of the district supervisors of agri- culture provided for in this act removes from the district from which he was appointed, his office shall be declared vacant by the state com- missioner of common schools and whenever vacancies occur in the office of district supervisor of agriculture in any district provided for in this .act, caused by death, resignation, removal from office, removal from the district for which he was appointed, or from any other cause, said vacancies shall be filled by the said state commissioner of common schools. Section 8. That all acts and parts of acts inconsistent herewith be and the same are hereby repealed. Section 9. That this act shall take effect and be in force from and after the last Monday in July of the year 191 1. S. J. ViNING, Speaker of the House of Representatives. ■ AtLEE POMERENEi, President of the Senate. Passed February 28, 191 1. Approved March 11, 191 1. Judson Harmon, Governor. SCHOOL CALENDAR. September 1 — School Year Begins. September 1 — Clerk must report to County Auditor not later than. September 1 — Treasurer must report to County Auditor not later than. September, First Monday — Labor Day. (Legal Holiday.) September, First Saturday — Teachers' Examination. September 20 — Auditor's abstracts Nos. 1, 2, 3, 4, and 5 must be filed with State Commissioner of Common Schools not later than. September 20 — Auditor must report condition of Institute Fund not later than. October, First Saturday — Teachers' Examination. November, First Saturday — Teachers' Examination. November, First Tuesday after First Monday in odd numbered years — Elec- tion of members of Board of Education. November, Thanksgiving Day — Day appointed by President and Governor. (Legal Holiday.) December, First Saturday — Teachers' Examination. December 25 — Christmas Day. (Legal Holiday.) January 1 — New Year's Day. (Legal Holiday.) January, First Saturday — Teachers' Examination. February, First Saturda.y — Teachers' Examination. February 22 — Washington Day. (Legal Holiday.) March, First Saturday — Teachers' Examination. April, First Saturday — Teachers' Examination. April, Second Monday — Election of director in township sub-districts. April, Third Saturday — Pupils' Examination. April, Arbor Day — Date fixed by Governor each year. May, First Saturday — Teachers' Examination. May, Third Saturday — Pupils' Examination. May, Two Weeks ending Fourth Saturday of — Enumeration of Youth of School Age. May 30 — Memorial Day. (L^gal Holiday.) June, First Saturday — Teachers' Examination. June, First Saturday — Clerk should make enumeration return to County Auditor. July, First Saturday — Teachers' Examination. July 4 — Independence Day. (Legal Holiday.) July, Third Saturday — Auditor make Enumeration Return to the State Com- missioner of Common Schools. August, First Saturday — Teachers' Examination. August 31 — Clerk of Board of School Examiners must report to Commissioner. August 31 — All Clerks and Superintendents who are required by law to re- port to County Auditor and State Commissioner of Common Schools must do so not later than. August 31 — School Year Ends.