, v^^ LIBRARY OF THE University of California. GIFT OF Class ' / Complim^iits ^* I n SBperinteideit of Pnbilc iBstmMl PIERRE, - SOUTH DAKOTA. Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/compiledschoollaOOsoutrich The (Sompiled SCHOOL LAWS Of. South Dakota With Constitutional Provisions Department of Public Instruction E. E. COLLINS, Superintendent G. J. Schellcnger, Deputy Second Edition MITCHKLI<, S. D. THK EDUCATOR SCHOOI. SUPPLY CO. PUBI.ISHERS 1901 \'^o| > A/ s EDUCATION (S. B. 174) An Act to Establish a Uniform System of Education for the State of South Dakota and to Repeal ^Certain Legisla- tion Relating" Thereto. Be it Enacted hy the Legislature of the State of South Dakota: CHAPTER I. STATE SUPERVISION. § 1. Superintendent — Duties of.] The Superintend- ent of Public Instruction shall be charged with the general supervision of all the county schools and the high schools and of all the city and county superintendents of the state. He shall meet county superintendents in convention at least once each year, at such points in the state as he may deem most suitable for that purpose, and by explanation and discussion endeavor to secure a more uniform and ef- ficient administration of the school laws. He shall at- tend teachers' institutes in the several counties in the state as far as may be consistent with other duties imposed b}'' law, and assist by lecture or otherwise, in their instruction and management. The State Superintendent shall pre- scribe rules and regulations for holding county normal institutes. He shall render a written opinion to any county superintendent asking it, touching the exposition or administration of the school law, and shall determine all cases appealed from the county superintendent. § 2. Office of.] An office shall be provided for him at the seat of government in which he shall file all papers, reports and public documents transmitted to him by the county superintendents, each year separately, and hold the same in readiness to be exhibited to the governor or a com- mittee of either house of the legislature at any time when 180919 Jf SCHOOL LAWS required; and he shall keep a faithful record of all matters pertaining" to his of&ce. All books presented to his of- fice or purchased therefor shall be carefully preserved and catalogued by him. The educational library thus formed shall be open to the teachers of the state for reference and examination. § 3. Shall Make Report.] On or before the 15th day of December preceding each regular session of the legisla- ture, he shall present a biennial report to the Governor, which report shall show the condition and needs of the public schools thruout the State and the workings of the educational system of the State. § 4. To Prepare Examination Questions.] It shall be his duty to prepare all questions for the examination of teachers by the county superintendents, and no county superintendent shall examine teachers with questions not thus furnished. Whosoever shall sell, barter or give away to applicants for certificates or to any other person the questions prepared by the Superintendent of Public Instruction to be used by the county superintendent in the examination of teachers shall be deemed guilty of a rnis- demeanor, and on conviction thereof shall be fined not less than twenty-five ($25) dollars or more than one hundred ($100) dollars. § 5. May Appoint Deputy.] He shall have power to app')int one assistant, or deputy, who shall receive a salary of one thousand, two hundred. ($1,200) dollars, and shall perform such duties pertaining to the ofiice as the super- intendent may direct. § 6. Institute Conductors.] He shall, on or before March 1st in each year, prepare and send to each county superintendent a list of the names of institute conductors, and county superintendents shall engage conductors for their county normal institutes from the list sent by the Superintendent of Public Instruction. § 7. Meeting of Institute Conductors.] He shall, on or before the 1st' day of April of each year, call a meeting of the county institute conductors, for the purpose of ex- changing views relative to the best methods of teaching and for outlining, as far as practicable, a general plan for institute work. SCHOOL LAWS 5 § 8. Blanks and Blank Forms.] All the necessary blanks to be used in transacting the business between the 19-. ■ ) To the County Auditor of County, South Dakota: Sir: — You are hereby notified that a meeting- of district No ... . held on the .... day of the following tax was voted for the coming school year. For tuition fund, dollars; For general fund, dollars; For interest fund, dollars. SJ^ SCHOOL LAWS For sinking fund, ' dollars. Total Signed, District Clerk. § 5. Accounts — How Kept.] All moneys apportioned by the county superintendent to the district or received from the district tax for tuition purposes shall constitute tlie tuition fund. All moneys received from other sources shall constitute the general fund. The treasurer shall keep one general account wherein he shall set down on the debit side all the money he shall receive as treasurer from all sources whatever, each item of entry showing plainly the source of the particular payment to him, with the date thereof, and he shall set down upon the credit side all the money he shall pay out for all purposes whatever; every item thereof showing to whom and for what purpose each payment was made with the date thereof. The debit side shall always be balanced by the total of the credit side with the funds on hand added thereto. At the beginning of every school year he shall open such account anew for that year, and the tirst item shall be an entry on the debit side of the balance on hand, if any, for the preceding year. He shall also keep a separate set of accounts of different classes of receipts and expenditures, showing severally the following: RECEIPTS Amount received into the tuition fund from all sources .... Amount received into the general fund from all sources .... Amount received into the interest fund from all sources. . . Amount received into the sinking fund from all sources. . . EXPENDITURES Amount paid for tuition Amount paid for school houses, sites and furniture Amount paid for incidental expenses Amount paid as interest on bonds Amount paid upon debts and liabilities not included in other items The several accounts shall be separately kept and re- quired to balance. The accounts for different classes of receipts^shall be kept separately from the accounts of the SCHOOL LAWS 85 different classes of expenditures, but every entry in each shall fully and clearly designate its source or purpose with the dates. § 6. School Sites.] The district school board shall purchase or lease such site for a school house as shall have been desig"nated by the voters at a district meeting the corporate name thereof, and shall move any school house in the district to any site designated by the voters at any regular or special district meeting and shall build, hire or purchase such school house as the voters of the district in a district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any school house or property of the district, and if necessary, execute a conveyance of the same in the name of the district when lawfully directed by the voters of such district at any regu- lar or special meeting, and shall carry into effect all law- ful orders of the district. § 7. Board May Take Land.] It shall be lawful for any board of district officers to take and hold any land not exceeding two (2) acres, situated upon a section line or upon a regularly laid out highway, legally chosen as a school house site by a lawful district meeting. If the owner of such land refuses or neglects to grant such site to the district, or cannot be found, the superintendent of that couQty shall upon application proceed according to law to condemn and acquire title to the same in the name of said district; Provided, That whinever a school house site shall have been selected by the properly constituted authority of school districts on common school or endowment lands of this state, not exceeding two acres in a square form and located on a section line or on a regularly established highway and at one corner of a legal subdivision and not within forty rods of any residence, without the consent of the owner thereof, and a plat of the lands so selected shall have been filed in the office of the Commissioner of School and Public Lands; the Board of School and Public Lands, is hereby authorized to direct an appraisement of such site by the State Board of Appraisers and the same shall be appraised in the manner provided by law for the appraise- S6 SCHOOL LAWS ment of school and public lands. Such appraisement shall not be less than the minimum price fixed by the con- stitution for school and public lands. § 8. Condition.] Upon the payment of the full amount of the appraised price of such site a conveyance shall be executed by the Governor, attested by the Commissioner of School and Public Lands, with his seal of office affixed; conditioned that should the same cease to be used for two successive years for the purpose of maintaining a public school thereon, that the title shall revert to the owner of the legal subdivision of which said site forms a part, § 9. Reports in English.] All reports and records of district officers and proceedings of district meetings shall be subject to the approval of the county superintendent, and if any money belonging to any district shall be expended for supporting a school in which the English language shall not be taught exclusively, the countj^ super- intendent or any taxpayer of the district may, in a civil action, in the name of the district, recover said money from the officers so expending it. § 10. Clerk of District Meetings.] The district clerk shall be clerk of all district meetings, but if such clerk shall not be present, or being present, shall refuse to act at such district meeting, the voters present may appoint a clerk for such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the clerk of the district. § 11. Webster's Dictionary.] In all schools not pro- vided V7ith a dictionary at the taking effect of this act, the district school board shall provide for each school in the district one Webster's dictionary within thirty days after the request for the same has been made by the teacher. And they may also provide for each school other high grade library books and books of reference, as they may deem for the best interest of the schools; Provided, said expense shall not exceed ten ($10) dol- lars for any school in any one year. And it is especially provided that no district board shall buy any chart, globes or similar device, in any one SCHOOL LAWS ' 87 year, the cost of which shall exceed ten ($10) dollars, un- less authorized to do so by a majority of the school board at any regular or special meeting- thereof, the said pur- chase shall have been approved by the county superin- tendent of schools. § 12. Clerk Shall Draw Warrant.] The clerk shall draw and sign all warrants for the payment of money for the purpcse legally ordered by the board, and every such warrant shall be countersigned by the chairman of the board. No warrant shall be drawn by the clerk except upon the presentation of a bill for the service rendered, duly certified, and the same shall be retained by him as a voucher and placed on file in his office. CHAPTER VI. TEACHERS AND SCHOOLS. § 1. Teachers — How Employed.] Teachers shall be employed only upon the exhibition of a teacher's certificate valid in the county where employed, and then only upon a written contract signed by the teacher and at least two (2) members of the district school board which shall specify the date at or about which the school shall begin, the length of time it shall continue, the wages per month, and the time of payment thereof, and said contract shall be signed in duplicate and one (1) copy filed in the office of the clerk and the other retained by the teacher. The following conditions shall be understood as forming a part of every contract whether expressed therein or not. (1) The teacher shall not hold school upon any of the following legal holidays: the thirtieth (30) day of May, the fourth day of July, the day appointed by the President of the United States for national thanksgiving and the twenty- fifth day of December. But such days shall count as part of the term and the teacher shall be paid therefor, but such pay shall not be drawn for any Sunday. (2) School shall be adjourned during the session of the county normal institute, when the teachers have been notified by the county superintendent. (8) Teachers shall receive into their schools pupils transferred thereto by order of the district board, or admitted by its authority. (4) Teachers S8 SCHOOL LAWS shall send the notices, keep proper entries in the register which will show the g-rade in which each pupil belongs, the pupil's standing as shown by the examination and such other information as will assist the succeeding teacher in the conduct and management of the school, and make the reports required by law, and the county superintendent shall promptly furnish without cost to the teacher the blank forms for such reports, and the district board shall furnish for use the proper register prepared, so that the required facts and statistics can be kept in an orderly man- ner. (5) Teachers shall classify their work of the schools in accordance with the suggestions, grades and outlines as prescribed in the course of study recommended by a ma- jority of the county superintendents of the state and the Superintendent of Public Instruction, and shall hold ex- aminations and make reports as prescribed therein. § 2. Teacher's Register.] The board of every school district shall provide one (1) classification school register for each school therein which shall conform to the form prescribed in the book of forms as provided in Section 8, Chapter 1, of this Act and keep the same as part of the records of his office except during each term of school, when the teacher shall keep said register and record therein each day the attendance of each pupil and the absence of those enrolled, and all other items necessary for making the report in the next section required. § 3. Teachers Shall Make Report.] Every teacher of a common school unaer this law shall at the expiration of each term immediately make out full duplicate reports and deliver one cojDy thereof to school clerk, and one to the county superintendent. Such report shall show the names, ages and sex of all pupils admitted during the term, the branches taught, studies pursued by each pupil, the text books used, the number of days taught, the num- ber of days each pupil was present, the average daily attendance, the date when school began and ended, the salary per month, and information concerning the school and property. In addition to the above the report shall show the grade in which each pupil belongs, his standing as shown by the monthly and term examinations, the SCHOOL LAWS 39 daily program of class recitations, and such other informa- tion as may be required by the county superintendent. The teacher shall also make monthly reports to parents and to county superintendents when blanks for the same are furnished. And until such report shall have been so filed with the clerk, the school board shall not pay more than ninety (90) per cent of the wages of such teacher for his or her services as such, for the time required to be covered by such report. » § 4. Shall Give Notice.] Every teacher on commenc- ing- a term of school shall give written notice to the county superintendent of the time and place, beginning of such school, and the probable time when -it will end. § 5. Penalty for Disturbing School.] Every person, whether pupil or not, who shall wilfully molest or disturb a public school when in session, or who shall wilfully in- terfere with or interrupt the proper order or management of a public school by acts of violence, boisterous conduct or threatening language, so as to prevent the teacher 'or any pupil from performing his duty, shall upon conviction thereof be punished by a fine not exceeding twenty-five (|25) dollars or by imprisonment in the county jail not more than ten (10) days, or by both such fine and imprison- ment. § 6. Reading of Moral Instruction.] Moral instruc- tion, intended to impress upon the mind of pupils the importance of truthfulness^, temperance, pifrit}^ public spirit, patriotism and respect for honest labor, obees, may at any time adopt the provisions of this Act by a majority vote of the electors; Provided, further, that any city or town having a population of one hundred inhabitants or over, within a radius of one mile from the center, may adopt the pro- visions of this chapter. In such cases the county super- intendent shall, upon petition of a majority of the legal voters within the proposed district, call the first election therefor by posting notices in not less than three of the most public places in the district or districts in which said city or town is situated, said notices shall contain a full description of the boundaries of the proposed district, and also the time and place of holding the election. If a ma- jority of the voters of the district or districts in which the said city or town is situated, shall vote for the incorpora- tion of the said city or town as a corporation for school purposes, then it shall be considered as authorized and the county superintendent shall, without deli}^ publish notices for an election of said corporation. § 2. Committee on Arbitration.] Whenever a new corporation is authorized as is provided in Section 1 of this Chapter, the county superintendent, the president of the board of education of the district thus organized, and the chairman of the school district affected by the organization of the new district, shall constitute a committee of arbi- tration for the purpose of adjusting all property interested between the new corporation and the district or districts affected by its formation. The title to all real property granted to the new corporation by the commititee of arbitra- tion shall be made over to the said corporation or corpo- rations in which it was previously vested upon order of the S6 SCHOOL LAWS said committee. And all personal property g-ranted to the said new corporation shall be* delivered to the proper officer by those having- it in charge upon demand accom- panied by the order of the committee. It shall be the duty of the county superintendent to file with the county auditor a correct plat showing the adjustment of district boundaries in consequence of the formation and organiza- tion of a district as above provided. § 3. A Free System of Schools.] Each corporation organized under this chapter, shall maintain a system of free common schools which shall be kept open not less than six nor more than ten months in any one year and shall be free to all children of legal school age residing within such corporation. § 4. Adjacent Territory — How Attached.] Territory outside of the limits of any organized independent school district, but adjacent thereto, may be attached thereto, and territory within the limits of any independent district or- ganized for school purposes, and adjacent to any school district may be attached to said school district whether said indej)endent district has been organized by special act or otherwise, under the following conditions: Application by Petition.] First. Application by writ- ten petition for such change must be made by a majority of the resident electors desiring to have territory attached to or detached from any independent district. Duty of County Superintendent.] Second. Upon re- ceipt of such petition, the county superintendent shall call a committee to decide upon granting or refusing the peti- tion, said committee consisting of himself, the president of the board of education of said independent district and the chairman of the district board. Committee to Decide.] Third. The committee shall consider the interests of the two corporations concerned, the convenience of the petitioners and the permanent school interest, and if they deem it proper shall grant the petition and issue an order authorizing the attaching of said territory to the independent district or school district to which it is adjacent, and if to an adjacent district con- taining a city or town, such order shall specify to what SCHOOL LAWS 57 ward or wards such territory shall belong- for all school purposes. Provided, That when territory has been attached prior hereto the board of education shall at any reg-ular meeting- determine to what ward or wards such territory shall be- long for all school purposes. Further Power of the Committee.] Fourth. The com- mittee shall also have power to adjust all property Interests involved in the chang-e which concerns the two corporations interested. Before the issuance of an order authorizing- the change they shall make an equitable adjustment of any question of indebtedness involved. Decisions to be Recorded.] Fifth. A record of the de- cisions of the committee shall be transmitted to the clerks of the school board and board of education interested for record and a copy forwarded to the county auditor by the superintendent. Date of Order to Govern.] Sixth. Such territory shall, from the date of the order authorizing- such chang-e, be considered a part of the corporation of said independent district or of the said school district. Order to Issue — When.] Provided, that such order shall not be issued until after the action and decisions of the committee are recorded by the board of education and the district school board. The taxable property of such adjacent territory shall be subject to taxation and bear its proportion of all ex- penses incurred in the erection of school building-s and maintaining- the schools of such corporation. Adjacent Territory Defined.] Provided, that territory more than two miles from the limits of such city or town shall not be considered adjacent territory to Which the provisions of this section may apply, unless the electors of such territory shall unanimously petition to be thus at- tached and considered as adjacent territory. How Attached in Certain Cases.] Provided, further, that when an independent school district containing- an in- corporated city or town is situated so near the center of a civil or congressional township as to leave a fraction of said civil or congressional township impracticable or in- 58 SCHOOL LAWS convenient for school purposes, after attaching- adjacent territory to said independent school district, to the two mile limit as provided by law, then in that case the com- mittee provided for in this Act may, upon a petition of a majority of the electors of such civil or congressional town- ship, attach the surrounding territory and make the inde- pendent district to conform to the civil or congressional township line for school purposes only, and in such case the committee may, by a majority vote thereof, upon the petition of two-thirds of the electors of such surrounding territory and two-thirds of the electors of such independ- ent district, issue its order attaching such surrounding- territory to such independent district as aforesaid, and all the foreg-oing provisions shall apply to such actions of said committee except that said order shall go into effect at the expiration of thirty days from the date thereof and it shall not be necessary that the actions and decisions of such committee be ratified by the district school board or board of education before the issuance or going into effect of such order. § 5. Shall be a Corporation.] Every district organ- ized under the provisions of this chapter shall be a body corporate and shall possess the usual powers of corpora- tion for public school purposes, and may sue and be sued, and be capable of contracting and being contracted with, and of taking and holding any land for a school site, not exceeding two acres, chosen by the board of education at a regular meeting of said board, and in case the owner or owners of said land, or any part thereof, shall refuse or neglect to g-rant such site to the district, then said district shall have power to take such land for said site in the manner provided by law for the taking of private property for public use. And shall have power to hold and con- vey such personal or real property as it may at any time possess. All actions brot by or against such corporation shall be in the name of the board of education of said in- dependent district of the county of of the State of South Dakota. § 6. A Board of Education.] When any city or town and the adjacent territory thereto is divided into wards- SCHOOL LAWS 59 there shall be elected a board of education consisting of two members from each ward w^ho shall be elected by the qualified voters thereof, one of whom shall be elected an- nually and shall hold his office for the term of two years and until his successor is elected and qualified. There shall also be elected in such independent district one mem- ber of such board of education who shall be voted for by the qualified electors at large in such districts and shall hold his office for two years and until his successor is elected and qualified. Provided, That in all corporations not organized as cities and in all cities and towns not divided into wards there shall be elected as many members of the board of education as there are members of the township board or board of trustees to be elected at the regular election held in 1901, and at the same time and places and said members thus elected shall immediately after their election be divided by lot into two as nearly equal classes as possible; the first class shall hold their office for one year, the second class shall hold their office for two 3'ears and an- nually thereafter there shall be elected one class who shall hold their office for two years and until their succes- sors are elected and qualified; Provided, however, That in all such corporations, hav- ing a board of trustees or township board consisting of but three members the board of education shall be elected annually at the same time and place as the board of trustees or township board, and shall hold their office for one year and until their successors are elected and qualified. The board of education shall act as judges of said election and shall use a separate ballot box for the purpose of said school election. Provided, further, That in all cases where there is no organization for civil government there shall be three members of the school board one of whom shall be elected annually and shall hold his office for three years, and until his successor is elected and qualified; Provided, further. That no member of the city council or board of trustees shall be a member of the board of edu- cation. 60 SCHOOL LAWS § 7. Power to Fill Vacancy.] The board of education shall have power to fill any vacancy for the unexpired term which may occur in their body; Provided, That any vacancy occurring- more than thirty days previous to the annual election shall be filled at the first annual election thereafter. § 8. Shall Maintain and Control Schools.] The board of education shall have power to organize and maintain a system of graded schools, to establish a high school w^hen- ever in their opinion, the interest of the school corporation demand the same, and to exercise sole control over the schools and school corporation. § 9. Organization — How Made.] The board of educa- tion at its first regular meeting of each year following their election shall organize by the electioLi of a president and vice president, each of whom shall serve for a term of one year and they shall also elect a clerk not a member of the board who shall receive such compensation for his services as the board may allow; Provided, That in districts newly organized under this Act, the board shall within thirty days after their election proceed to organize and elect officers as aforesaid who shall serve until the time of the next regular annual meet- ing. § 10. Duties of President and Clerk.] It shall be the duty of the president to appoint all committees and to countersign all warrants drawn upon the treasury for school moneys. It shall be the duty of the clerk to be present at all meetings of the board, keep an accurate journal of its proceedings, take charge of its books and documents, sign all warrants for school money, and perform such other duties as the board may require. Before entering upon the discharge of his duties, the clerk of the board of edu- cation shall give a bond in a sum to be fixed by the board not less than five hundred ($500) dollars with good and sufficient sureties to be approved by the board, § 11. Tax Levy.] The board of education shall on or before the fifteenth day of August of each year, levy a tax for the support of the schools of the corporation for the fiscal year next ensuing not exceeding in any one year SCHOOL LAWS 61 twenty mills on the dollar on all personal and real prop- erty within the district which is taxable according to the laws of the state, and which levy the clerk of the board of education shall certify to the county auditor who is hereby authorized and required to place the same on the tax roll of said county to be collected by the treasurer of the county as the taxes of the county and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall transmit to the clerk of the board of education. § 12. School Officers — How Chosen — Bond of — Duties.] At the annual municipal election there shall be elected members of the board of education provided for herein and a treasurer of the board of education. The treasurer shall be elected each year to hold for one year, or until his successor is elected and qualified. Any vacancy in the office of treasurer shall be filled by the board of education by appointment; said appointee shall not be a member of said board. The treasurer shall execute a bond in such sum as that body may require with sufficient sureties to be approved by the board, conditioned for the faithful dis- charge of his duties as treasurer of such board. He shall prepare and submit in writing a monthly report of the state of the finances of the corporation, and shall when required produce at any meeting of the board all books and papers pertaining to his office. He shall pay money only upon a warrant signed by the president, or in his absence the vice president, and countersigned by the clerk. § 13. Taxable Property.] The taxable property of the whole corporation, including the territory attached for school purposes, shall be subjed; to taxation. § 14. Regular Meetings.] The regular meetings of the board of education, shall be upon the last Friday of each month, but special meetings may be held from time to time as circumstances may demand. § 15. Report of clerk.] The clerk of the board of edu- cation at the close of each school year shall make an an- nual report of the condition, financial as well as educa- tional of all the schools of the corporation, a copy of 62 SCHOOL LAWS which shall be sent to the county superintendent. Said report or such portion of it as the board of education shall consider advantageous to the public shall be printed in a public newspaper or in pamphlet form. § 16. Contracts.] No expenditures involving an amount greater than one hundred (^100) dollars shall be made except in accordance with the provisions of a written contract, and no contract involving the expenditure of more than five hundred (S500) dollars for the purpose of erecting any public building or making any improvements shall be made except upon sealed proposals and to the lowest responsible bidder. § 17. May Read Bible.] No sectarian doctrine may be taught or inculcated in any of the schools of the corpo-, ration; but the Bible without sectarian comment may be read therein. § 18. Bonds — How Issued.] Whenever it shall become necessary in order to raise sufficient funds for the purpose of a school site or sites, to erect suitable building or build- ings thereon, or to fund a bonded indebtedness, it shall be lawful for the board of education of every corporation com- ing under the provisions of this Act to borrow money, for which they are hereby authorized and empowered to issue bonds bearing a rate of interest not exceeding seven per cent per annum payable annually or semi-annually, at such places as may be mentioned upon the face of said bond, which bonds shall be payable in not more than twenty years irom their date; and the board of education is hereby author- ized and empowered to sell such bonds at not less than par. Provided, That no bonds shall be issued until the ques- tion shall be submitted to the people and a majority of the qualified electors who shall vote on the question on an election called for that purpose shall have declared by their votes in favor of issuing such bonds. § 19. Bond Election.] It shall be the duty of the mayor of such city or town upon request of the board of education to call an election to be conducted in all respects as are the elections for city or town ofiicers, in the same corporations (except that returns shall be made to the board of education) for the purpose of taking the sense of SCHOOL LAWS 63 such corporation upon the question of issuing- such bonds, naming- in the proclamation of such election the amount of bonds asked for and the purpose for which they are to be used. Provided, That where the incorporation is not org-an- ized for civil government, the board of education may call and conduct the election provided for in this section. § 20. Shall Sign Bond.] The bonds, the issuing of which is provided for in the foregoing Section, shall be signed by the president, attested by the clerk, and counter- signed by the treasurer of the board of education, and said bonds shall specif}^ the rate of interest and the time when the principal and interest shall be paid, and each bond so issued shall be for a sum not less than fifty ($50) dollars, but no corporation shall issue bonds in pursuance of this act in any sum greater than three per cent, of its assessed valuation. § 21. Bond Interest.] The board of education at the time of its annual levy of taxes for the support of schools as herein provided shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this chapter and also to create a sinking fund for the redemption of said bonds, which it shall levy and collect in addition rate per cent, authorized by the provisions aforesaid for school purposes, and said amount of funds when paid into the treasury shall be and remain a specific fund for said purpose only and shall not be appropriated in any uther way except as hereinafter provided. §22. Sinking Fund J Any school district which shall hereafter issue bonds shall at or before the time of so do- ing, provide for the levy of an annual tax sufficient to pay the interest and principal when due and such levy shall be irrepealable until such debt is paid; Provided, That such levy shall not exceed fifteen (15) per cent, in any one year of the debt to be paid. All money raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under the pro- visions of this chapter shall be invested annually by the board of education in bonds of the State of South Dakota 6Jf SCHOOL LAWS or of the United States, or the board may buy and cancel the bonds of the district wlienever such may be purchased at or below par, or to purchase its outstanding- registered warrants that will be paid prior to the time such bonds will become due. § 23. Payment of Interest.] Whenever the interest coupons of the bonds hereinbefore authorized shall become due they shall be promptly paid by the treasurer, upon presentation, out of money in his hands collected for that purpose, and he shall endorse upon the face of such cou- pons in red ink the word "paid" and the date of payment, and sign the initials of his name. § 24. Payment Pledged.] The school fund and prop- erty of such civil corporation and territory attached for school purposes is hereby pledged for the payment of the principal and interest of the bonds mentioned in this chap- ter as the same may become due. § 25. Bond and Warrant Register.] It shall be the duty of the clerk of the board of education to register in a book provided for that purpose the bonds issued under the provisions of this chapter, and all warrants issued by the board, which registration shall show the number, date and amount of said bonds and warrants and to whom made pay- able. § 26. Official Oath and Bond.] Each member of the board of education and officer provided for in this chapter shall take and subscribe an oath or affirmation to support the constitution of the United States, and the State of South Dakota, and faithfully to perform the duties of his office. The oath and bond of the clerk shall be filed with the treasurer. All other oaths and bonds shall be tiled with the clerk but the clerk shall immediately notify the county auditor and the county superintendent of the filing of such oath and bond. § 27. Examination of Teachers.] The county super- intendent together with the principal or superintendent of schools of all independent districts employing such officer, and in such independent districts as do not employ such an officer, the county superintendent alone shall examine all teachers employed to teach in the schools of any city, SCHOOL LAWS 65 town or other independent district, the same as other teachers of the county are examined except as hereinafter provided, and no city superintendent or principal shall be employed who does not hold a first grade or state certifi- cate or diploma. In no case shall any teacher be em- ployed to teach in such schools who does not hold a certificate issued as above provided, or a state certificate or a state diploma and any contract made contrary to the above is hereby declared void. The above section shall be construed as giving- the superintendent of schools of any city or town advisory power in the examination of teachers for his school and he may add such questions as he may deem wise in the examination in order to test the qualifications of teachers for any particular grade or special work. The board of education in cities of the first class at such time as they may deem expedient, shall elect a superintendent of schools in no case a member of their own body, whose duty it shall be to have a general super- vision of the schools of the corporation, subject to the rules and regulations of the board, who shall hold his of- fice during the pleasure of the board and shall receive such compensation as the board may allow. The board shall also appoint two competent persons, who with the super- intendent as chairman shall be styled the examining com- mittee of the Board of Education, whose duty it shall be to examine all persons who may apply to them as teachers; and no person except one who holds a state certificate or state diploma shall be elected by the board as teacher who cannot produce a certificate from the examining committee signed by all or a majority of them, and setting forth that the holder is competent to teach in such department of the public school as may be stated in the certificate, and is a person of good moral character. Provided, No teacher who holds a state or county cer- tificate under this Act is excused from the county institute except for good and valid reasons. Provided, further, That the city superintendent shall revoke the certificates, issued by the examining committee of which he is chairman, of those persons who do not at- tend the county institute, except as hereinbefore provided. 66 SCHOOL LAWS § 28. Ballot Boxes to be Provided.] For the purpose of the election provided in this Act, there shall be pro- vided at each polling- place a ballot box separate and dis- tinct from the ballot box used for the city election, in which shall be deposited all ballots cast by the voters at such school election. The polling places shall be so arranged as to permit all persons entitled to vote at such school election free access to the same for the purpose of voting. § 29. Error in Tax List.] Whenever an error occurs in any school corporation or district tax list, the board of county commissioners may correct and refund such im- proper collection of school taxes the same as for other county taxes. § 30. Repeal.] All Acts and parts of Acts relating to education passed prior to January 1st, 1901, (except Chap- ter LVIII., Laws of 1897, relating to the board of regents- of education and special acts relating to schools in cities, towns and villages, and also to independent districts created by special acts) are hereby repealed. SCHOOL LIBRARIES An Act to Establish and Maintain School Libraries. Be it Enacted by the Legislature of the State of South Dakota. § 1. The county treasurer shall withhold from the ap- portionment of July, 1901, received from the Interest and Income Fund or other income for the schools of his county an amount equal to ten cents per capita for each person of school age residing therein, and annually thereafter an amount equal to ten cents per capita for each person of school age, which money shall constitute a library fund and shall be used in the purchase of library books as here- inafter provided. § 2. County Library Board.] The county superin- tendent, county auditor, state's attorney, and all superin- tendents of city schools, and principals of schools in villages, employing more than one teacher, shall constitute SCHOOL LAWS 67 the County Library Board, Annually, between the first day of July and the first day of September the County Library Board shall meet at the call of the county super- intendent, who shall be chairman of said board, and expend the money, provided for in section one of this Act, in the purchase of books selected from the list prepared by the State Superintendent. § 3. The clerk of the school district shall act as a librarian, and shall receive and have the care and custody of the books and shall loan them to the teachers, pupils and other residents of the district in accordance wnth the regulations prescribed by the State Superintendent. The clerk shall give a receipt for and keep a record of the books received from the County Library Board, and shall include in his annual report such library statistics as the State Superintendent may require. During" the time the school is in session the library shall be placed in the school house, and the teacher shall act as librarian under the supervision of the district clerk. § 4. The school board shall provide suitable cases for the books in each school. § 5. The County Library Board shall have the power to designate library circuits, each composed of not more than ten schools. When one or more such library circuits shall have been organized, it shall be the duty of the county superintendent to employ a responsible person to move all the libraries herein provided for. These re- movals shall be made in January and July of each year, and in such order as the superintendent shall direct, and the person making such removal shall receive therefor ten cents per mile for the distance necessarily traveled m making such exchange. Such mileage shall be paid by the county treasurer upon warrant issued by the county auditor, and shall be charged by the county treasurer pro rata to the various school districts affected. Provided, no warrant for such mileage shall issue ex- cept upon the presentation of a voucher signed by the county superintendent. § 6. The members of the County Library Board shall receive no compensation. The expense of postage, ex- 68 SCHOOL LAWS press and freight necessarily incurred by the County Board in securing- the books shall be a charg^e upon tlie library fund provided for in section one of this act. § 7. The county treasurer shall pay out money in the library fund upon vouchers signed by the county superin- tendent and the county auditor. § 8. All Acts and parts of Acts in conflict with this Act are hereby repealed. HUMANE TREATMENT OF ANIMALS An Act Pertaining- to the Humane Treatment of Animals. Be it Enacted by the Legislature of the State of South Dakota. § 1. That there shall be taught in the public schools of this state, in addition to other branches of study now prescribed, a system of humane treatment of animals. § 2. Each school supported wholly or in part by the public funds of this state, or of any county or city in this state, shall instruct all scholars in the laws of this state, as embodied in the Penal Code or other laws pertaining to the humane treatment of animals, and such studies on the subject as the board of education may adopt, such instruc- tion to consist of not less than two lessons of ten minutes each during each week of the school year. And no ex- periment upon live animals to demonstrate facts- in physi- ology shall be permitted in any school in this state. § 3. This Act shall take effect and be in force im- mediately after its passage. CONSTITUTIONAL PROVISIONS § 1. Art. VIII. The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to estabr lish and maintain a general and uniform system of public schools, wherein tuition shall be without charge, and. SCHOOL LAWS 69 equally open to all, and to adopt all suitable means to se- cure to the people the advantag-es and opportunities of education. § 15. Art. VIII. The legislature shall make such pro- visions by general taxation, and by authorizing the school corporation to levy such additional taxes, as with the in- come from the permanent school fund shall secure a thoro and efficient system of common schools thruout the state. § 16. Art. VIII. No appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, convey- ance, gifts or bequest of lands, money or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or sup- ported by the state. § 17. Art. VIII. No teacher, state, county, township or district school officer shall be interested in the sale, proceeds or profit of any book, apparatus or furniture used or to be used in any school in this state, under such pen- alties as shall be provided by law. § 9. Art. VII. Any woman having the qualifications enumerated in Section 1, of this Article, as to age, resi- dence and citizenship, and including those now qualified by the laws of the territory, may vote at any election held solely for school purposes and may hold any office in this state except as otherwise provided in this constitution. INDEX State Supervision. Chapter I Superintendent — Duties of Office of Shall Make Report To Prepare E^xamination Questions May Appoint Deputy Institute Conductors Meeting- of Institute Conductors Blanks and Blank Form Compensation of State Certificates and Diplomas Examination for Same State Certificate— How Secure Renewal of Certificates State Diplomas— How Secured Certificate Fee Ma3^ Be Revoked County [Supervision. Ciiaptcr 11 Superintendent — Duties of Shall Encourage Teachers' Institutes County Certificates — Requirements for Grades of Same Ag-e of Applicant Revocation of Certificates County Normal Institute Officers' Meeting- Medium of Communication Salaries of Superintendents May Close School Visiting Schools Certificate not Required To Examine Accounts Vacancy — How P'illed Treasurers' Bond Oath of Office Qualifications May Provide Office Shall Report Enumeration Shall Make Annual Report Appeal From District School Boards Appeals From Circuit Court Duty of County Treasurer Apportionment of School Monej^ District Institutes Not Hold Other Office Clerk's Report Treasurer's Report :CTION PAGE 1 3 2 3 3 4 4 4 5 4 6 4 7 4 8 5 9 5 10 5 11 5 12 5 13 6 14 6 15 7 16 8 1 8 2 8 3 9 4 9 • 5 10 6 10 7 11 8 12 9 12 10 12 11 13 12 14 13 14 14 14 15 14 16 14 17 15 18 15 19 15 20 16 21 16 22 16 23 18 24 18 25 18 26 19 27 19 28 19 29 19 INDEX Failure of Officer to Report Mileage of County Superintendent Schooli Corporations. Chapter liJ School Corporations Defined New Counties — District of District — How Sub-divided Officer's Report in Case of Sub-division Name of School District Boundaries — How Changed School District Corporations County Superintendent Shall Make Plat of County District School Board. Chapter IV School District Officers Annual Election of School Officers School Boards — Meetings of Chairman — Duties of — Salary Clerk — Duties of Clerk and Treasurer — Bonds of Treasurer— Duties of Warrants — Payment of Warrants — How Drawn Official Bond and Oath— Where Filed Salary of Clerk and Treasurer Powers and Duties of the District School Board. Chapter V Powers and Duties of the District School Board May Appeal to County Superintendent The Electors May Instruct Board Clerk Shall Notify Auditor Accounts — How Kept School Sites Board May Take Land Condition Reports in English Clerk of District Meetings Webster's Dictionary Clerk Shall Draw Warrant Teachers and Schools. Chapter VI • Teachers — How Employed Teacher's Register Teachers Shall Make Report Shall Give Notice Penalty for Disturbing School Reading of Moral Instruction Compulsory Education. Chapter VII Attendance — Period of — Penalty Arrest of Truant Children SECTION PAGE 30 20 31 20 1 21 2 21 3 21 4 23 5 23 6 23 7 24 24 1 24 2 25 3 26 4 26 5 26 6 26 7 28 8 28 9 28 10 29 11 29 1 29 2 31 3 32 4 33 5 34 6 35 7 35 8 36 9 36 10 36 11 36 12 37 1 37 2 38 3 38 4 39 5 39 6 39 1 39 2 40 INDEJX Employment of Children False Statement Prosecution— How and by Whom Made Courts Having" Jurisdiction Miscellaneous. Chapter VIII Definition of School Days Illegal Contracts Penalty for False Report Must Qualify Vacancy — How Filled Records Open to Inspection Tax Levy to Satisfy Judgment Jurisdiction in School Suits Fines and Penalties Assessor — Duty of Majority Rule County Commissioners to Levy Tax Annual School Election Branches to be Taught Form of Oath Penalty for Defacing School Property Reading Circle Duties of School Officers — Penalty School District Defined School Bonds. Chapter IX Vote for Issue of Bonds Bond Election Denomination of Bonds Requirements as to Form Sinking Fund Sale of Bonds Bonds a Lien Cancellation of Bonds Contract for Building School House Extension Coupons — How Issued Election Returns to County Auditor Unifornnity of School Text Books. Chapter X Who Constitute Board Time of Meeting — Adoption and Price of Duty of Board and Superintendent Superintendent to Notify Members of the Contract With Publishers Form of Contract Bond From Depository Printed Lists and Price of Books Petition for Free Books Book Case and Secretary's Report SECTION PAGE 3 41 4 41 5 41 6 42 1 42 2 42 3 42 4 43 5 43 6 43 7 43 8 44 9 44 10 44 11 44 12 44 13 45 14 45 IS 45 16 45 17 45 18 46 19 46 1 46 2 47 3 47 4 47 5 48 6 49 7 49 8 49 9 49 10 SO 11 50 1 51 oks 2 51 3 52 >ard 4 52 5 52 6 53 7 53 8 53 9 53 10 54 INDEX SECTION 11 Change Provided for Emoluments Prohibited Cities, Towns and Independent Districts. Chapter XI Law "Where in Force Committee on Arbitration A Free System of Schools Adjacent Territory — How Attached Shall be a Corporation A Board of Education Power to Fill Vacancy Shall Maintain and Control Schools Org-anijtation — How Made Duties of President and Clerk Tax Levy School Ofificers — How Chosen — Bond of — Duties Taxable Property Regular Meetings Report of Clerk Contracts May Read Bible Bonds — How Issued Bond Election Shall Sign Bond Bond Interest Sinking Fund Payment of Interest Payment Pledged Bond and Warrant Register Official Oath and Bond Examination of Teachers Ballot Boxes to be Provided Error in Tax List Repeal School Libraries. Chapter I County Treasurer Shall Withhold From Apportionment County Library Board Clerk of School District as Librarian School Board Shall Provide Book Case The County Library Board to Designate Circuits Library Board to Receive no Compensation County Treasurer to pay out Money All Acts Repealed Humane Treatment of Animals. Chapter I Shall be Taught in Public Schools Each School Supported Act Shall Take Effect Constitutional Provisions 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 PAGE 54 54 55 55 56 56-57 58 58-59 60 60 60 60 60 61 61 61 61 62 62 62 62 63 63 63 64 64 64 64 64-65 66 66 66 96 66 67 67 67 67 68 68 fuNlVERSlTY /. ^ 180919