|A = ^ = ^™ 1 |a ^^^^= O 1 ■■^ - — ( 1 1 o ^^^^^S ~n 1 1 ^^^^= S 1 ■^ m 1 1 2 5 1 1 2 1 2 — ^^^"** r - | — — X) 1 1 3 ' "" 33 1 1 3 ^^^= -n 1 1 8 -i ■- — i ] ~ < j 6 UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY i^MMMHMBSI Hi in COMPILED School Laws DISCARD of the ^TEACHERS mm |£fc ANGELE* PUWJC State of South Dakota and Constitutional Provisions LATEST REVISION News Printing Co. Aberdeen, S. D. 1913 ? B *% School Blanks and Supplies Teachers' Registers, Clerks* and Treasurers' Records ALL NEW FORMS State Constitution in Pamphlet Course ot Study in Pamphlet NEWS PRINTING CO. ABERDEEN, SOUTH DAK. prittftra Hank Monk MmmxB News Printing Co. PRINTERS AND BINDERS 13-23 Third Avenue West, Aberdeen, S. D. EDUCATION CHAPTER 135, SESSION LAWS 1907 AS AMENDED 1909, 1911 AND 1913 ESTABLISHING A UNIFORM SYSTEM OF EDUCATION FOR THE STATE OF SOUTH DAKOTA AN ACT to Establish a Uniform System of Education for the State of South Dakota and to Repeal Certain Legislation Relating Thereto. Be it Enacted by the Legislature of the State of South Dakota: ARTICLE I Department of Public Instruction § 1. State Supervision] The superintendent 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. § 2. Superintendent — Duties of] He shall meet the county superintend- ents 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 efficient administration of the school laws. § 3. He, personally or by an assistant, shall inspect all high schools and shall have the power to accredit them to higher institutions of learning. § 4. The state superintendent of public instruction 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 relating to the revocation of certificates, appealed from the county superintendent. § 5. All the necessary blanks to be used in transacting the business be- tween county or city superintendents and the state superintendent shall be supplied by the state superintendent. He shall also compile a book of forms or blanks not furnished by the state, and all blanks used in a county or district must correspond with a form in such book. § 6. On or before the thirtieth day of October preceding each regular session of the legislature, he shall present a biennial report to the governor, which report shall show the condition and needs of the public schools through- out the state and the workings of the educational system of the state. § 7. He shall attend teachers' institutes in the several counties in the state as far as may be consistent with other duties imposed by law, and assist by lecture or otherwise in their instruction or management. The state super- intendent shall prescribe rules and regulations for holding county normal in- stitutes. § 8. 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 SOUTH DAKOTA SCHOOL LAWS county superintendents shall engage conductors for their county normal insti- tutes from the list sent by the superintendent of public instruction. § 9. He shall on or before the 1st day of April of each year call a meet- ing of the county institute conductors, for the purpose of exchanging views relative to the best methods of teaching and for outlining, as far as practicable, a general plan for institute work. § 10. Examinations] Public examination for state certificates and life diplomas shall be held by the superintendent of public instruction at least twice each year, at such time and places as he shall select with a view to the accommodation of applicants for such certificates. § 11. 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 superintendents in the examination of teachers shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five or more than one hundred dollars. § 12. State Certificates and Life Diplomas] The superintendent of public instruction may issue two professional certificates, the state certificate, and the life diploma, as hereinafter provided. He shall keep a full record of all certificates issued by him and carefully file in his office all papers relating thereto and preserve said papers for the period for which the certificates were issued respectively. He shall, subsequent to each examination, send to each county superintendent a list of the persons receiving certificates. § 13. Life Diploma] A life diploma shall be valid during good behavior and shall authorize the holder thereof to teach in any public school of the state. Applicants shall, by examination or otherwise, show satisfactory pro- ficiency in the following branches: Reading, orthography, penmanship, arith- metic, grammar, composition, geography, United States history, including South Dakota history, civics and physiology and hygiene, and shall pass a satisfac- tory examination in physical geography, physics, algebra, geometry, general history of the pre-college grade, and in English language, and rhetoric, English and American literature, either economics or sociology, any two of botany, zoology, physiology, physics, chemistry, Latin, German, geology and mineralogy, astronomy, algebra and trigonometry, all of the college grade and pedagogy, including principles, method, management, psychology and history of education. Provided, that a diploma from the state university of South Dakota, or from any approved college having a regular course of study in which at least four years' work above an approved four year high school course is required, may be accepted in lieu of an examination in the subjects named; if the ap- plicant has in his college course pursued one course of pedagogical studies, and professional training comprising at least one-fourth work during at least eighteen months. In case the holder of such diploma has not taken the re- . quired work in pedagogy the deficiency may be made good by examination. Provided further, that a diploma from any state normal school having a regular course of study in which at least two years' work above an approved four year high school course is required, or from any other normal school hav- ing a regular course of study of the same extent and similar in character may be accepted in lieu of an examination in the subjects named. An applicant for a life diploma, by examination or otherwise, must present evidence of at least forty months' successful experience in teaching and satis- factory evidence of good moral character. An applicant for a life diploma upon college or normal school credentials shall present a certified copy of his diploma accompanied by a certified copy of the course of study pursued specifically showing the amount of class work in each subject, together with the standing in each branch*. SOUTH DAKOTA SCHOOL LAWS § 14. State Certificate] A state certificate shall authorize the per- son to whoro it is issued to teach in any of the public schools of the state for the period of five years. Applicants for such state certificate shall, by exam- ination or otherwise, show satisfactory proficiency in orthography, reading, penmanship, arithmetic, geography, English grammar, physiology and hygiene, United States history including South Dakota history, and shall pass a satis- factory examination in civil government, American literature, drawing, alge- bra, plane geometry, physical geography, physics or botany, general history, pedagogy and English language, composition and rhetoric. He must also pre- sent evidence of twenty-four months' successful experience in teaching. Provided, that a diploma from any state normal school of South Dakota, having a course of study in which at least two years' work above an approved four-year high school course is required, may be accepted in lieu of an exam- ination in the subjects named. Provided further, that a diploma from any other school having a course of study equivalent in extent and similar in char- acter, may be accepted in lieu of an examination in the subjects named. Provided, further, that applicant for the state certificate, upon normal or other school credentials, must show that the course of study pursued therein contained a course of at least eighteen months of pedagogy and professional training, comprising at least one-fourth work for said time. They shall pre- sent their credentials to the department of education in the same manner as is provided for applicants for life diploma.. An applicant who presents evidence of graduation from a normal or other school shall also present evidence of eighteen months' successful experience in teaching before being entitled to said certificate, provided that the superintendent of public instruction may is- sue to such applicant a provisional certificate for such probationary period. Every applicant for a state certificate shall submit satisfactory evidence of a good moral character. § 15. Renewal, Validation, and Revocation of Certificate] The super- intendent of public instruction may renew a state certificate upon the presentation by applicant of satisfactory evidence of continued and success- ful experience as a teacher and satisfactory evidence of full attendance at a county institute held the current year. He may similarly renew a first grade certificate and primary certificate. Provided, that a certificate which is permitted to lapse more than one year shall not be renewable. The state superintendent may validate certificates issued by other state departments of the United States of the rank of the life diploma, state cer- tificate, first grade or second grade certificate in this state, provided that the requirements upon which they are issued are equivalent to the requirements for corresponding certificates in South Dakota. State certificates and life diplomas shall be revoked by the superintendent of public instruction for any of the causes enumerated in Section 64 for the revocation of certificates by county superintendents, and in a manner simi- lar thereto. § 16. Applicants for a life diploma, except resident graduates of the schools of this state, shall pay a fee of ten dollars ($10.00), and similarly, applicants for a state certificate shall pay a fee of five dollars ($5.00), and for a professional state certificate two dollars ($2.00); Provided, that should an applicant fail in such examination one-half of the fee shall be returned. All these fees shall be forwarded to the state department of public instruc- tion and the state superintendent shall pay the same into the state treasury, which, with the money now on hand, derived from this source shall constitute a fund to be known as the state professional fund, and the moneys so collected shall be paid out only upon the warrant of the state auditor, issued on vouch- ers of the superintendent of public instruction, approved by the governor. 306241 SOUTH DAKOTA SCHOOL LAWS Said state professional fund shall be used for the purpose of conducting investigations, and gathering data of the progress of education in this state and elsewhere; to publish such data and the results of such investigations and to distribute the same to teachers, citizens and others, and for furthering in other ways the profession of teaching. § 17. Teachers' Reading Circle Board of Managers] The Teachers' Read- ing Circle Board of Managers shall consist of the president of the state edu- cational association, the superintendent of public instruction and a member elected by the county superintendents of the state. The president of the State Educational Association shall be the president of the board and the members of the board shall elect a secretary who shall not be of their number and who shall have no voice in the proceedings of the board. The secretary shall receive such salary as may be fixed by the board, who shall also prescribe his duties. The board of managers of the Teachers' Reading Circle shall hold at least one meeting each year to select the books to be read, and shall have general charge of the Teachers' Reading Circle work in the state. The members of the board of managers shall receive no com- pensation, but their actual traveling expenses incurred in the discharge of their duties shall be paid from the fees collected for state certificates and life diplomas in the manner hereinbefore provided. § 18. Office Provided] 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 committee of either house of the legislature at any time when required, and he shall keep a faithful record of all matters pertaining to his office. All books presented to his office 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. § 19. Deputy Superintendent] He shall have the power to appoint a deputy who shall perform such duties pertaining to the office as the superin- tendent may direct and who shall receive such salary as the deputies of the other state officers. § 20. Salary of Superintendent] He shall receive such salary as is pre- scribed by law and also a sum not exceeding fifteen hundred dollars per annum for traveling and other expenses while traveling on the business of the depart- ment. The traveling expense account and certified bills for necessary office expenses, and for the printing of such blanks and reports as are required by law, shall be paid on the warrant of the state auditor. ARTICLE II County Supervision § 21. Election of Superintendent] In each organized county at the first general election held after the admission of Ihe state of South Dakota into the union, and every two years thereafter there shall be elected a superintendent of schools whose term of office shall be two years, and no person shall be eligible for more than four years in succession. § 22. No person shall be eligible to hold the office of county superin- tendent who is not the holder of a regular first grade certificate or a certifi- cate of higher grade valid in the state at the date of his induction into such office and at least one year previous thereto. That if any person shall file a statement on oath, with the county auditor 15 days prior to the holding of any primary election, or other election, that any person whose name has been certified to the county auditor as a candidate for county superintendent upon any ticket is not qualified under the provisions of this act to hold the office of county superintendent, said SOUTH DAKOTA SCHOOL LAWS candidate shall within 5 days after heing notified of said statement being filed, file with the county auditor full proof that he is qualified to hold said office, and if he fails to do so, the name of said person shall not be placed upon the official ballot as a candidate by the county auditor. § 23. Qualification] The county superintendent shall qualify on or before the first Tuesday in January of the year following the one in which he is elected, by taking the proper oath of office and executing a bond in the sum of five hunderd dollars with two or more sureties to be approved by the board of county commissioners. The oath shall be subscribed upon the back of the bond, which shall be filed with the county auditor. The sureties of such bond shall be bound jointly and severally, and upon it an action or actions may be maintained by the board of county commissioners for the benefit of the district or person or fund injured by the conditions thereof. § 24. Vacancy] When Che office of county superintendent shall become vacant by death, resignation, removal or otherwise, the county board of com- missioners shall fill the vacancy by appointment, and the person so appointed shall hold his office until the election of county officers. § 25. Deputy County Superintendent] In counties having more than sev- enty-five schools the county superintendent shall have power to appoint one deputy, who shall receive such compensation as the county commissioners may provide. § 26. Prohibition from Holding Other Offices] The county superintend- ent shall not hold the office of county commissioner or school district officer. § 27. Salary] The county superintendent shall receive a salary payable monthly and to be determined as follows: By the value of the property in their respective counties as fixed by the state board of equalization for the preceding year, and by the population of their respective counties. He shall be entitled to receive one mill on each dollar of the first one hundred thousand dollars, and three-eighths of one mill on each dollar from one hundred thousand dollars to six hundred thousand dollars, and one-fourth of one mill on each dollar from six hundred thousand dollars to one million, one hundred thousand dollars; and one-tenth of one mill on each dollar from one million, one hundred thousand dollars to two million, six hundred thousand dollars; and one-twentieth of one mill on each dollar on all sums above two million, six hundred thousand dollars. And in addition to the above named sum he shall receive for the first one thousand inhabitants within his county the sum of seventy-five dollars, for each additional one thousand inhabitants within the county, or major fraction thereof, he shall receive fifty dollars; Provided, that he shall not receive more than fifteen hundred in any county nor any other compensation, except as provided in section 52. Provided further, that in counties having an assessed valuation of less than three hundred thousand dollars, the salary shall not exceed two hundred dollars. § 28. Penalty] The county superintendent shall sign his name in the attendance register of each school he visits, showing the date thereof; and he shall carry a record book of such visits, which book shall be signed by the teacher of the school visited by him, and such book shall be filed with the county auditor along with the bill of such superintendent's salary for the last month of the calendar year; and it shall be the duty of the county commission- ers to deduct from the salary of such superintendent for such last month ten dollars for each and every school in the county under the direct supervision of such superintendent and not visited by him within such calendar year. § 29. Traveling Expenses] The county superintendent of schools shall receive five cents per mile each way for every mile necessarily traveled in attending such meeting of county superintendents as may be convened by the state superintendent at any time. Provided, that the county superintendent of schools shall receive five cents SOUTH DAKOTA SCHOOL LAWS per mile each way for every mile necessarily traveled in attending such meet- ing of county superintendents as may be convened by the state superintendent at any time. Provided, that the county superintendent shall be reimbursed by the county for their necessary traveling expenses incurred in visiting schools or attending teachers' meetings within the county at the rate of five cents per mile for each mile actually and necessarily traveled. The county superintend- ent shall make and furnish quarterly to the county commissioners an itemized statement of said expenses subscribed and sworn to, which claims shall be audited and ordered paid by the board of county commissioners as are other claims against the county; the total of such sums allowed a county superin- tendent in any one year shall not exceed two hundred ($200.00) dollars. Provided that the mileage and traveling expenses herein provided for shall not be regarded as compensation. § 30. Provide Office] The county superintendent may provide at the county seat a suitable office for the transaction of business, when not provided by the board of county commissioners, and they shall allow accounts for all necessary expenditures for the use and furnishing of said office and for neces- sary stationery and printing. All books and pamphlets, circulars of informa- tion and other publications from the bureau of information of the United States, and all official publications of this state and other public documents and books relating to education, officially received by him, shall be deemed public property and shall be kept in his office, and, with other public property and records, delivered to his successor. He shall furnish the board of county commissioners such statistics relating to the schools of the county and the officers thereof as they shall desire, and as shall enable them to perform their duties correctly. § 31. Duties of County Superintendent] The county superintendent of schools shall be charged with the general supervision of the schools of his county. In towns having less than one thousand inhabitants he shall have authority of direct supervision. § 32. He shall visit each school in his county as frequently as possible, at least once each school year, correcting any deficiency that may exist in the government of the school, in the classification of the pupils, or in the methods of instruction in the several branches taught; make such suggestions as he shall deem proper and necessary for the welfare of the school; note the character and condition of the school house, furniture, apparatus and grounds, making such suggestions to the district officers as will in his opinion improve the same. In case of flagrant or willful neglect on the part of the school board to make the necessary repairs for the school or to correct un- sanitary conditions or provide suitable water closets according to section 109 of the article relating to powers and duties of the district school board within thirty days after written notice he shall have power to order such repairs and changes as he may deem necessary and the school district shall pay expenses thus incurred from the district treasury not to exceed $50.00 in any one year. § 33. He shall keep a complete record of his official acts. § 34. He shall keep a record of the name, age and postoffice address of each candidate for a certificate to teach, standing in each study, and the grade, date of issue and expiration of each certificate granted. He shall keep on file the papers of applicants for special certificates, at least for the periods for which a certificate is granted. § 35. He shall keep a register of the teachers employed in his county, giving the name of teachers, district in which employed, date of opening and closing terms, salary per month, grade of certificate and date of superintend- ent's visits. § 36. He shall keep a record of all apportionments of the state and county school funds, and such other statistical records as shall be required in making reports to the superintendent of public instruction. In addition to his annual SOUTH DAKOTA SCHOOL LAWS report he shall, whenever called upon by the superintendent of public instruc- tion, make such special reports as may be required. § 37. The county superintendent of schools shall encourage teachers' in- stitutes and associations, and shall labor in every practicable way to elevate the standard of teaching, urge the continual employment of successful and ef- ficient teachers, and prevent by all proper means, the employment of those who are incompetent and inefficient and seek to make the employment of all teachers a responsible public duty, for the public advantage only, and free from favor and sectarian interest. § 38. It shall be the duty of the county superintendent to hold district institutes during the school year, and he shall actively and earnestly promote the same. . In holding said institutes he may group two or more districts in institute organization. Said districts shall be so arranged that the teachers in each district, or group of districts, shall have the benefit of such institutes at least twice during the school year. He may in his discretion close a part or all of the schools of his county, not to exceed two days in a school year for the purpose of convening his teachers in convenient places for teachers' meetings or for institute purposes. Provided that the teachers attending such meetings shall sustain no loss of pay. § 39. It shall be the duty of the county superintendent to encourage the formation of Teachers' Reading Circle in his county. He shall report on or before December fifteenth of each year to the secretary of the state Teachers' Reading Circle the enrollment of all persons in his county known to him to be pursuing the work of said circle, plans by which the work thereof is being carried on, and all matters of general interest thereto. He shall, under the di- rection of the superintendent of public instruction, arrange for an annual ex- amination in the State Teachers' Reading Circle course in his county, and it shall be his duty to preside at the same or to appoint some competent person to do so; to collect all papers submitted and to forward the same promptly to the secretary of the board of managers. He shall co-operate as fully as pos- sible with the board of managers of the State Teachers' Reading Circle in ad- vancing the work of that organization. § 40. County Normal Institute] It shall be the duty of the county super- intendent to hold annually a normal institute, between the first day of April and the fifteenth day of September, of not less than five days' duration, for the instruction of teachers and those who desire to teach, and he shall procure such assistance in addition to the conductor as he may deem necessary. At the close of the normal institute, the conductor thereof shall imme- diately certify to the county auditor the dates of opening and closing said in- stitute and forward to him a certified copy of his commission. The county auditor shall immediately present such data to the county treasurer, who shall thereupon transfer from the county general fund to the county institute fund the equivalent of ten cents per capita upon the school census of the county for the current year, provided, that if the per capita amount so ascertained shall be less then $150 in any county then at least the sum of one hundred fifty dollars shall be transferred by the board of county commissioners to the county institute fund. Provided, that the county commissioners may make additional appropria- tions to the county institute fund when in their judgment it is necessary in order to provide an effective institute. All disbursements of the institute fund shall be made upon warrant of the county auditor upon certified itemized bills, approved by the county superintendent for services rendered or expenses in- curred in connection with the normal institute. § 41. Joint Institutes] The county superintendent may hold the county normal institute in his own county, or, he may hold the same in an adjoining county for the purpose of combining with such other county or counties if in his judgment it is to the best educational interests of his county. When two or more county institutes are combined and held in one county, all bills against the county institute fund shall be audited in the county where SOUTH DAKOTA SCHOOL LAWS the institute is held, and all disbursements of the institute fund shall be made upon warrant of the county auditor upon itemized bills approved by a majority of the county superintendents holding such joint institute. Counties holding joint institutes shall share the expense of such institute in such proportion as the number of children enumerated in the school census of each county bears to the total number of children enumerated in the coun- ties so combined in the institute. The county superintendents of the counties combined for institute pur- poses shall determine each county's share of the expense of the institute as above provided and shall send a certified statement of the same signed by a majority of the county superintendents to the auditor of each county so com- bined, whereupon the county auditor so notified shall issue a warrant on the institute fund in favor of the county treasurer of the county in which the in- stitute was held for his county's share of said expense, -and the said county treasurer shall place it to the credit of the institute fund of his county. § 42. District Officers' Meetings] Bach year the county superintend- ent shall require the district school officers of his county to assemble at one or more convenient locations for discussing questions intended to promote the school interests of the county. Tn his discretion he may close all the schools of his county and require the attendance of the teachers at such meetings; provided, that he shall give the interested persons ten days' notice and shall also notify the state superintendent of public instruction of such meeting. Provided further, that school officers shall receive a per diem of one dol- lar and fifty cents and five cents per mile each wav for every mile necessarily traveled in attending the same, which shall be paid from the district treasury. If the teachers are required to attend they shall sustain no loss of pay. § 43. Examination of Officers' Accounts] It shall be the duty of the county superintendent at least once each year to notify the various district school officers of the time and place he will meet with them, and personally or through his deputy, to determine the accuracy of the school officers' records and to advise them as to the proper form of keeping such accounts and it shall be the duty of said officers to bring or send said records of their respective offices to the superintendent or his deputy at the place and time specified in said notice. Should any such officer fail to make his report according to law and at the time required, the county superintendent is authorized to procure the same by examination of the records, files and accounts of such officer for the purpose of obtaining such information. It shall be the duty of the county superintend- ent to file with the chairman of the district board a certified statement of the condition of the records, accounts and funds of the treasurer and clerk as shown by said examination. § 44. Medium of Communication] The county superintendent shall at all times conform to the instructions of the superintendent of public instruc- tion as to matters within the jurisdiction of the latter. He shall serve as a medium of communication between the superintendent of public instruction and the district officers. § 45. Power to Administer Oaths] The county superintendent shall have power to administer oaths of office to all subordinate school officers in his county and to certify to the same; and district clerks and chairmen are hereby empowered to administer oaths in all matters to which their respective districts may be a party. § 46. Power to Close School] The county superintendent shall have power to close any school under his supervision on account of contagious disease, or for any other good and sufficient cause known to him. S 47. Census Enumeration Report] On or before the first day of July in each year, each county superintendent shall report under oath to the com- missioner of school and public lands the enumeration of persons of school age in each school district in his county, according to the census of the school districts as hereinafter provided. And this enumeration shall also be used by SOUTH DAKOTA SCHOOL LAWS the county superintendent as a basis for apportioning the county general school fund. § 48. Apportionment of School Money] The county treasurer shall on or before the fifth day of January and July furnish the county superintendent with a statement of all moneys in the county treasury belonging to the county gen- eral school fund, and shall pay the same, upon the order of the superintendent, to the treasurers of the respective public school corporations of the county. The county treasurer shall also pay at such times as are required by law, to the treasurer of each school corporation, all of the school money collected for such corporation, and shall take duplicate receipts for the money paid. He shall send one of the receipts to the clerk of the said school corporation. § 49. The county superintendent shall on the tenth day of January and July in each year apportion the money in the county treasury belonging to the county general school fund to the several school corporations within the county in proportion to the number of children of school age residing therein. He shall also draw orders on the county treasurer in favor of the several school treasurers of the county for the amount apportioned to them, and shall take their receipts therefor. § 50. County General School Fund] The county general school fund to be thus apportioned shall consist of the money received from the income of the permanent school fund of the state as apportioned to the several counties by the commissioner of school and public lands, and the money derived from the tax levy of one dollar on each elector in the county, and also the fines as provided for in section 398 of chapter 35 of Penal Code. § 51. Annual Report to State Superintendent] The county superintend- ent shall on or before the first Monday of September of each year, make a report to the superintendent of public instruction containing a full abstract of the reports made to him by the district officers and such other matters as he shall be directed to report by the said superintendent, and as he himself may deem essential in exhibiting the true condition of the schools under his charge. Should he fail to make such report he shall forfeit to the school fund of his county the sum of one hundred dollars, and shall besides be liable for all damages caused by such neglect. § 52. Failure of District Officers to Report] If any district officer fails or neglects to transmit or deliver to the county superintendent the annual report of his district at the time required by law, it shall become the duty of the county superintendent to visit said district officer at his residence in said district and obtain such report. Upon sworn statement of such visit being filed with the county auditor, the county commissioners shall order the sum of five dollars to be transferred from the general fund of said district to the county general fund and a county warrant for that amount shall be issued to the county superintendent. § 53. Superintendent to Give Advice] The , county superintendent of schools shall when requested give advice relative to school matters to any school officer or person within the county; but such advice shall be advisory only. § 54. Teacher's Certificate] The state superintendent of public in- struction shall be authorized to issue teachers' certificates of the following grades: A first grade certificate valid for not to exceed three years, a second grade certificate valid for not to exceed two years, a third grade certificate valid for not to exceed one year, and a primary teachers' certificate for not to exceed five years. The requirements for all these certificates shall include both scholastic and professional ability. A complete certificate shall certify the scholastic and professional requirements, skill in teaching and moral char- acter. Written answers for the scholastic examination hereinafter provided for sha'll be read and marked under the direction of the state superintendent of public instruction, and the markings for the professional requirements shall be given by the county superintendent who shall also be the judge of skill in teaching and moral character of the applicant. Provided, that a diploma from 10 SOUTH DAKOTA SCHOOL LAWS any state normal school or any approved school of South Dakota, having a normal department approved for normal training by the sU>te superintendent, having a course of study in which at least two years' work beyond the first- two years in an approved four-year high school course is required and which shall include professional instruction and practice teaching -equal to one class hour daily for two years may be accepted by the state superintendent in lieu of an examination for a first grade certificate. Provided, further, that a diploma from any state normal school or any approved school of South Dakota, having a normal department approved by the state superintendent for such normal training, having a course of study in which at least two years' work beyond the approved eighth grade course of the public schools of South Dakota is required and which shall include profes- sional instruction and practice teaching equal to one hour a week for two years may be accepted by the state superintendent in lieu of an examination for a second grade certificate. Provided, further, that the course of study pursued by every applicant for a certificate under the provisions of this section shall include all those branches of study required in the examination for first and second grade cer- tificates respectively. The provisions of this act shall not affect the rights of persons hold- ing certificates, provisional certificates or diplomas as the date of the passage of this law or who may acquire certificates, provisional certificates or di- plomas before this law becomes effective, but such persons shall be entitled to receive from the state superintendent certificates of the grade and standing which would be awarded were this law not enacted. § 55. First Grade Certificates] A complete first grade certificate certify- ing to scholastic requirements by the state superintendent and to professional requirements, skill in teaching and moral character by the county superintend- ent in whose county the examination is held, shall be valid in any county of the state, in all grades below the high school. Applicants for certificates of this grade shall pass an examination in orthography, reading, writing, arith- metic, geography, physical geography, English grammar, physiology and hy- giene, with special reference to the effects of alcoholic drinks and narcotics upon the human system, history of the United States, civil government, current events, American literature, South Dakota history, drawing and didactics. § 56. Second Grade Certificates] A complete second grade certificate for both scholastic and professional requirements, signed by the state superin- tendent and the county superintendent, as indicated above for first grade cer- tificate, shall be valid in all grades below the high school in the county in which the examination is held, and may similarly be made valid in any county by the endorsement of the county superintendent of said county. Applicants for certificates of this grade shall pass examination in orthography, reading, writing, arithmetic, physiology and hygiene with special reference to the effect of alcoholic drinks and narcotics upon the human system, geography, English grammar, history of the United States, civil government, South Dakota history, didactics and drawing. § 57. Third Grade Certificates] A third grade certificate valid in grades below the high school only in the county where issued and in such district as the county superintendent shall designate upon its face and signed by the state superintendent and county superintendent, may be issued in the discretion of the state superintendent to those candidates who have failed in their examina- tion to masure up to the requirements of the department for the second grade certificate. No teacher shall be entitled to receive more than two third grade certificates. § 58. Primary Certificates] A primary teacher's certificate shall authorize the holder thereof to teach in the kindergarten and first and second grades only in cities and towns, and shall be issued on examination in the following SOUTH DAKOTA SCHOOL LAWS 11 branches: Reading, writing, orthography, arithmetic, physiology and hygiene with special reference to the effects of alcoholic drinks and narcotics upon the human system, geography, English grammar, history of the United States, South Dakota history, drawing, didactics, and in questions in kindergarten and primary methods. The primary teacher's certificate shall be valid in the county where issued and may be made valid in other counties by the endorsement of the county superintendent. § 59. Regulations for Holding Examinations] The regulations for hold- ing the examinations by the county superintendent in each county and the re- quired standards upon which the various certificates shall be issued shall be prescribed by the state superintendent of public instruction. Provided that no person shall be entitled to a certificate of any grade who has not attained to the age of eighteen years and who does not present evidence of good moral character. Provided further, that applicants for first, second or third grade certifi- cates, and for primary teachers' certificates, shall pay a fee of one dollar. All such fees shall be collected by the county superintendent and deposited with the county treasurer, one-half to the credit of the institute fund and one-half to the credit of the general fund of the state, to be turned into the state treasury, and it shall be placed to the credit of the same fund as fees for state certificates and life diplomas. § 60. Time of Examinations] The time for regular examinations shall be uniform throughout the state and the examination shall be conducted by the county superintendent in each county, or by persons appointed by him strictly according to regulations prescribed by the department of public instruc- tion. An affidavit may be required of such examiner, certifying that the regula- tions regarding such examinations have been fully observed. Such public notice shall be given of the time and place and regulations governing the examination, as the superintendent of public instruction may determine. The local expense for the examinations herein provided for in each county shall be paid by the county in which said examinations are held. The necessary expenses incurred by the superintendent of public instruction in carrying out the provisions of this act shall be paid from the appropriation made for the maintenance of the depart- ment of education. § 61. Teachers to Draw Pay] The regular examinations shall be public and the teachers desiring to take the same may dismiss their schools for that purpose for a period not exceeding two days in each year, without loss of pay. § 62. Special Certificates] Any county superintendent may, on his own examination, issue a certificate of the first, second or third grade to applicants who present satisfactory proof that they were unable to be present at the public regular examination. Such certificate shall be termed a special certifi- cate and shall be valid only in grades below the high school in a district specified on its face and until the next succeeding public regular examination. § 63. Prohibition on Teaching] No person shall be allowed to teach in any of the public schools of this state nor draw wages as a public school teacher who is not the holder of a valid teacher's certificate issued pursuant to the provisions of this and the preceding articles. Provided, that in cities and other independent districts persons exclusively engaged in teaching music, drawing, penmanship, bookkeeping, foreign lan- guage or kindergarten method shall not be required to hold a county certificate. § 64. Revocation of Certificates] The county superintendent is hereby authorized and required to revoke at any time first, second or third grade cer- tificates and primary teachers' certificates for any cause which would have pre- vented the issue of the same, for incompetency, immorality, intemperance, violation of the state law, cruelty, general neglect of the business of the school, and for refusal and neglect to attend regularly a county institute and at least one district institute each year, after due notice, provided that holders of first 12 SOUTH DAKOTA SCHOOL LAWS or higher certificates, in force, who have attended regularly at least four normal institutes may be excused by the county or state superintendent, in his discretion, from attendance at county institute for such current year. § 65. The county superintendent within ten days after his decision to revoke a certificate, shall transmit a written statement to the person accused, stating the ground upon which said certificate was revoked and a copy of the statement shall be forwarded to the state superintendent of public instruction. The aggrieved person desiring to appeal from said decision within ten days after receipt of such notice, shall serve a written notice of appeal from said decision on the state superintendent of public instruction, which notice shall specify the grounds upon which the appeal is taken. The state superintendent shall provide for a fair review in the case of an appeal from the decision of a county superintendent. ARTICLE III § 66. School Corporations] Any school district containing one or more schools except those governed by the provisions of Article XI relating to cities, towns and adjacent territory organized as independent districts, are for the purposes of this chapter defined to be school districts. § 67. In all counties organized for school purposes under the district system, each school district shall be and remain a school district corporation until changed as herein provided. Each township in every county in this state which consists of territory not organized into a civil township shall be and remain a school district corporation until changed as herein provided: Provided further, nothing in this article shall be construed to alter the boundary lines of any school district or of any school township organized prior to the passage of this chapter, except as hereinafter provided. § 68. In any county now, or hereafter organized, the county commissioners shall divide the county or the settled portions thereof into school districts. In the formation of such districts and the formation of their boundaries as provided for in this section, boundary lines of congressional townships shall be made the boundary lines of the districts; Provided, that the commissioners may, at their discretion, when for the best interests of the schools, organize one or more congressional townships into one school district; Provided further, that no district shall be thus formed in which there are not at the time of its formation at least ten children of legal school age. § 69. Division of District] In any county school districts may be divided as follows: Upon receipt of a petition signed by at least one-third of the qualified electors of any district, it shall be the duty of the district clerk to post a notice on the door of each school house in said district, calling an election for the purpose of dividing said district into new districts. Provided, that said petition and posted notices shall contain a plat of the proposd division, and a copy of said plat shall be posted by the district cTerk at the polling place on the day of election; Provided further, that said petition shall be filed with the district clerk at least twenty days prior to said election and said notices shall be posted at least ten days before said election, specifying the time and place thereof. The election shall be held on the second Tuesday of March, at a conven- ient place designated by the school board at a regular or special meeting thereof; The provisions appertaining to the election of district school officers shall apply to this election as near as applicable. If a majority of the votes cast at this election are in favor of division, and said petition and poll book of said election are on file with the county auditor, the board of county commissioners and the county superintendent shall, at the next regular meeting of the board of county commissioners in April following such election, divide the said dis- trict in accordance with the return of said petition and election. Any district SOUTH DAKOTA SCHOOL LAWS 13 which comprises two or more civil townships may be dvided in accordance with said petition and election. At the regular meeting of the board of county commissioners in July fol- lowing said election, the board of county commissioners and the county super- intendent shall make an equitable apportionment of the property and indebt- edness (other than bonded) of the district among the new districts formed therefrom; Provided, that should there be any bonded indebtedness oustanding against the district, the county commissioners shall levy a tax annually on the property of the new districts formed therefrom sufficient to pay the interest and prin- cipal of the bonds as the same become due. The county treasurer shall apply such tax to the payment of said bonded indebtedness, and when the bonds are paid and cancelled the county treasurer shall place the unused balance, if there be any of such tax, to the credit of the districts formed therefrom. § 70. Formation of Township Districts] Upon the receipt of a petition signed by a majority of the qualified electors of any civil township in said county having districts smaller than civil townships, the county commssioners and the county superintendent of schools shall declare that the school districts shall comprise a school township district, and the county superintendent shall appoint the necessary officers as hereinafter provided in section 90, who shall hold until the next election. § 71. Election of New Officers] In each new district formed by division as provided for in section 69 the officers thereof shall be chosen at the annual school meeting following. The clerk of each original school district shall, on or before the first Tuesday in July following the division as provided in section 69, forward to the county auditor a certified statement of the finances of the district, including the bonded and other indebtedness. The treasurer of each original district shall also within the same time turn over to the county treas- urer all money belonging to said district, and such money shall be apportioned to the districts succeeding as provided in the preceding sections. § 72. Name of School Corporation] Every school district which consists of a civil township shall be named the School District of county, state of South Dakota, with the name of the civil township inserted in the blank before the word school, and the name of the county in which it is situated inserted before the word county. Every school district consisting of territory not organized into a civil township, but which has been named by a distinctive name, shall have such distinctive name inserted in the blank before the word. school. Every school district consisting of territory not or- ganized into a civil township and which has no distinctive name shall be called District No of county, with its proper number inserted in the blank after the word No., and the proper name of county inserted. § 73. Change of Boundaries] After the boundary lines of the several school districts in a county are established, such boundaries at any regular meet- ing may be changed by the board of county commissioners and the county su- perintendent of schools upon a petition for such change signed by ten legal voters residing in the districts to be affected by the change; due notice having been given by the county auditor to the school boards of the districts to be affected by such proposed change, if in the judgment of the commissioners and the superintendent such change is for the best interest of the patrons of the schools. Provided, that when petition is made for the formation of a district from parts of two or more counties, the commissioners of the said counties may in their discretion appoint a joint commission to establish the boundaries of the proposed district and to adjust all the accounts relating thereto. The said joint commission shall appoint the necessary officers in said district. It shall be the duty of the county superintendent of the county in which the school house of said district is located to fill all vacancies that may occur thereafter, to license the teacher for said school and to have supervision of the same. 14 SOUTH DAKOTA SCHOOL LAWS Whenever district boundaries shall be changed under the provisions of this article, it shall be the duty of the county commissioners and the county super- intendent to make an apportionment of property and indebtedness as herein- after provided. The county superintendent of any county in this state shall have power and it shall be his duty, whenever petitioned so to do by any land owner whose place of residence on such land in any school district in such county, or whose dwelling house thereon is more than three miles from the location of the school house in such district, to make an order attaching such land, not to exceed one hundred and sixty acres, to any adjoining school district, the school house in which is located within three miles or less of said residence or dwelling house, and thereafter said land shall be a part of the district to which it is so attached. § 74. School District a Corporation] Every school district established under the provisions of this article or heretofore established, shall be and is hereby constituted a district corporation for school purposes, and under its own proper name and number of such corporation may sue and be sued, contract and be contracted with, purchase, hold and use personal and real property for the purpose mentioned in this article and sell and dispose of the same. § 75. Judgment] Whenever any final judgment shall be obtained against any school corporation, the board thereof shall levy a tax upon the taxable property in the corporation for the payment thereof, and such tax shall be col- lected as other school taxes, but no execution shall issue against a school cor- poration. Such tax or taxes shall not be greater than two per cent in any one year, and any surplus fund in the treasury of the school corporation may be appropriated to the payment of a judgment. If the school board refuse or fail to levy such tax, the judgment creditor may apply to the board of county com- missioners, who shall cause such tax to be levied upon the property of the school district. When collected it shall be paid over by the county treasurer to the judgment creditor, whose receipt therefor shall be delivered the same as money to the treasurer of the school corporation by the county treasurer. Such levy may be repeated until the judgmetn is paid. § 76. Courts of Jurisdiction] Justices of the peace shall have jurisdic- tion in all cases in which a school corporation is a party interested, when the amount that is claimed does not exceed one hundred dollars, and the party shall have the right to appeal as in other cases. § 77. Fines — How Collected] All fines and penalties not otherwise pro- vided for in this chapter shall be collected by action in any court of competent jurisdiction. § 78. Plat of County] The county superintendent shall, within thirty days after the first school election held as provided herein, transmit to the superintendent of public instruction a plat of the county showing the boundaries and name of each school district therein. He shall also record a copy of the same, together with all the proceedings of the county board done under this article in a proper book kept for that purpose. He shall promptly furnish such officer with a correct plat, showing any changes at any time in the boundaries of school corporations. The superintendent of public instruction shall furnish directions for the suitable preparation and construction of such plats, in regard to the scale of marking, etc., in order to secure a uniform series of maps for binding for office use. ARTICLE IV i District School Board § 79. Election] The school district annual election shall be held upon the third Tuesday of June in each year. § 80. Personnel of the Board] The district school board of each school district shall consist of a chairman, a clerk, and a treasurer, who shall be SOUTH DAKOTA SCHOOL LAWS 15 elected at the time of the school district annual election, each for a term of three years, as follows: A chairman in 1907 and every three years thereafter. A clerk in 1908 and every three years thereafter. A treasurer in 1909 and every three years thereafter. Provided, that school officers duly elected and qualified at the time of the passage of this act shall continue to serve as officers till the expiration of their respective terms of office. § 81. Annual Election] Not less than ten days before the election re- quired under the provisions of this article, the district clerk shall post notices in three public places in the district. Said notices shall specify the time and place of holding the election, and the hours during which the polls shall be kept open. The chairman and clerk of the district board shall serve as judge and clerk of the election. If they are not present at time of opening the polls, voters present may select a judge and clerk from their number. The polls shall be open at 2 p. m. and kept open two hours in the district having but one school, and four hours in districts having more than one school. All persons who are qualified electors under the constitution of the state shall be qualified to vote at any school district election. The voting must be by ballot, and the polls and tally list supplied through the county superintendent, must be kept and returned to the district clerk, who shall upon receipt of the same issue the certificate of election to the persons receiving the greatest numbr of votes as shown by the certified returns; Provided, that in case of a tie in the election of an officer, the contest shall be settled at once by lot by the board of election. Provided that at the annual school district election the electors shall have authority to instruct the board in matters pertaining to the management of the schools for the coming year They shall be called to order for this purpose at three o'clock p. m. or as soon thereafter as practicable. The chairman of the school district board shall act as chairman of the meeting and the clerk shall keep the minutes of the meeting in the permanent records of the school district. At this meeting the electors may instruct the board and it shall be their duty to carry into execution all such instructions, pertaining to the branches to be taught in addition to those prescribed in section 138; the time at which the schools of the district shall be held; the amount of tax levy, to direct the repair of the school houses, fixtures and outbuildings; and for the removal of the school house to a more convenient location, for the erection of a new one, or the sale of an old one, and the lands belonging thereto; and upon any other subject pertaining to the schools. At this meeting it shall be the duty of the. clerk and treasurer to give approximately the facts that will be contained in their respective reports. And it shall be the duty of the district board to carry into execution all such instructions upon a majority vote of the electors of their district; Provided that it shall be the duty of the district board to furnish, equip and supply all the schools in the district according to the several necessities of said schools, and with as nearly equal school advantages as possible. Provided, further, that nothing contained herein shall prevent the district board from exercising a sound discretion as to all matters pertaining to the duties of their office not specially provided for by law. § 82. Qualification] Such officer and member elected under the provisions of this article shall qualify on or before the second Tuesday in July, following his election, and shall hold his office for the number of years for which he is elected and until his successor is elected and qualified. § 83. If any person appointed or elected to a school district office shall for one month after the time fixed by law fail to qualify or give bond as provided by law, or whenever any school district shall for any reason fail to elect any person to succeed the school officer whose term shall have expired, 16 SOUTH DAKOTA SCHOOL LAWS the office shall be deemed vacant and the county superintendent shall, when notified of such vacancy, proceed to fill the same by appointment and such ap- pointee shall hold the office until the next general school election, when a suc- cessor shall be elected to fill the unexpired term of said office. § 84. Oath] All school district officers before entering upon the duties of their respective offices shall take an oath to support the constitution of the United States and of the state of South Dakota, and faithfully and impartially to perform the duties of such office. § 85. Bond Void] The school treasurer shall, on or before the second Tuesday in July following his election, and before entering upon his duties, give a bond to the school district, conditioned that he will honestly and faithfully discharge his duties as treasurer; that he will render a true account of all funds and property that shall come into his hands, and pay and deliver the same according to law; said bond shall become void when said treasurer has completed his term and all his acts shall have been approved by the school board and a majority of the electors at any regular or regularly called special meeting. Provided, that a bona fide deposit of school funds in the name of the school district in any bank or depository selected by a majority of the school electors of any school district shall relieve the school treasurer from the liability for loss of said deposited funds while on deposit therein. Such bond shall be in such penal sum as may be fixed by clerk and chairman of the board, but not less than double the sum, as nearly as can be ascertained to come into his hands in any one year, shall be signed by two or more sureties, and shall be approved by the clerk and chairman of the board, provided that in all cases where the bond required of the treasurer shall be greater than one thousand dollars the treasurer elect may secure a surety bond subject to the approval of the clerk and chairman of the board, the same as of other bonds, and the cost of said bond shall be paid by the district. In case the chairman and clerk refuse or neglect to approve the bond of the district treasurer and the sureties thereto, such treasurer may present the same to the county superintendent and serve notice thereof upon said chairman and clerk; and upon due proof of such notice being made to the county superintendent, he shall, unless good cause for delay appear, proceed to hear and determine the sufficiency of the bond and sureties thereto, and may approve the same, and such approval shall be in all respects valid. Whenever a treasurer of a school district by election or appointment be- comes his own successor he shall give new bonds, and all such officers shall qualify anew upon entering a new term. § 86. Bond of Clerk] The clerk of the school board shall, on or before the second Tuesday in July following his election, and before entering upon his duties, give a bond to the school district conditioned that he will honestly and faithfully discharge his duties as clerk, that he will render a true account of all property that shall come into his hands as such clerk and deliver the same according to law. Such bonds shall be in the penal sum of one hundred dollars, shall be signed by two or more sufficient sureties, and shall be approved by the chairman and treasurer. In case of neglect or refusal to approve such bond, it shall be approved in such manner as provided in the preceding section for the approval of the bond of the treasurer. § 87. No officer of the school district shall perform any duties of the office nor receive any of the property, money, books or papers belonging to the office, nor any money from the county treasury or warrant thereof, until he has fully qualified as required by law. § 88. New or Additional Bond] The county superintendent may at any time require a new or additional bond for the district officers whenever it may be deemed necessary by him, or upon the failure, death or removal from the county of any one of the sureties. All such bonds shall be filed with the county auditor, and in case of the breach of any conditions thereof, the county super- SOUTH DAKOTA SCHOOL LAWS 17 intendent shall cause an action to be commenced and prosecuted thereon in the corporate name of the school district, and all moneys so collected shall be paid into the county treasury to be applied to the use of the schools of said district. If the county superintendent either fail or refuse to bring such action upon the breach of the bond, then any taxpayer of the district may cause such action to be commenced, and the necessary expenses of such action shall be paid, un- less otherwise ordered by the court, out of the county treasury from the funds apportioned to such district. § 89. Bond and Oaths Filed] All official bonds of school district officers shall be filed with the county auditor, and he shall give the county superintend- ent immediate notice of the same. The oaths and reports of school district officers shall be filed with the county superintendent. § 90. Temporary School Officers] Whenever a school district shall be formed, the county superintendent of schools shall appoint temporary officers for such school district, who shall serve until the first annual school election following and until their successors are elected and qualified. § 91. Vacancies] Whenever a vacancy may occur, from any cause, in any school district office under the supervision of the county superintendent, he shall fill such vacancy by appointment, and such officer shall hold such office until the next election, when the vacancy shall be filled by a vote of the people. Incapacity of Officer] If from sickness or any other cause such officer shall become incapacitated or unable to attend to the duties of his office, the fact shall be certified to the county superintendent by the clerk of the school district. If the clerk fails to notify the county superintendent of any vacancy that may exist, it shall be the duty of the remaining officer or officers to do so, and a successor shall be appointed to fill such vacancy, and such ap- pointment shall be held official until the next regular election. § 92. Meetings of Board] District boards shall hold three regular meet- ings each year for the transaction of business, to-wit: On the second Tuesday in July, the last Tuesday in November and March at such place and hour as may be fixed by the school board; Provided, that the district clerk shall when requested by a majority of the board, call a special meeting at any time by giving written notice to each mem- ber of the board. § 93. Special Meetings of Voters] Provided, that in any school district five legal voters may petition the clerk to call a special meeting of the voters at any time, and it shall be the duty of the clerk to call such meeting by posting such notices at least ten days prior to the time of the meeting in three of the most conspicuous places in the district. Such notices shall give the date, hour, and object of the meeting. § 94. Chairman — Duties of] The chairman shall preside at all meetings of the board. In his absence the chairman pro tempore shall preside. The chairman shall perform such other duties as are prescribed by this article. § 95. Clerk — Duties of] The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all re- ports and statements, shall take census of the children of legal school age in his district as hereinafter provided, and perform all other duties required by law or by order of the board. § 96. Clerk — Annual Report] The clerk of each district shall, on or before the first day of August of each year, make, sign, transmit, or deliver to the county superintendent, an annual report in writing covering the preceding school year and including all the facts and statistics of the school district which are required to be included in the county superintendent's state report and in the same order therein required, except any item therein peculiar to the county and not belonging to the district. He shall also report the branches of study in the graded and ungraded schools separately, the names and ad- 18 SOUTH DAKOTA SCHOOL LAWS dresses of the district school officers, and the dates when their terms severally expire, and all other facts and statistics which the county superintendent may require for his report to the superintendent of public instruction. § 97. Clerk — All 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. § 98. Clerk — Draw and Sign Warrants] The clerk shall draw and sign all warrants for the payment of money for the purpose 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. § 99. School Census] It shall be the duty of the clerk of the school dis- trict board or clerk of the board of education or some person employed by him in each district of the state on or before the first Monday in June of each year to take the census of all children under twenty-one and over six years of age, residing in the district. In all cases where the clerk employs another person to take the school census, before entering upon the duty of taking the school census such person shall take and subscribe an oath to perform faithfully the duties of census enumerator of such school district to the best of his ability and that he will by a house to house visitation or by conference with a member of each family enter in the said census names of all children of legal school age, as herein defined, and none other, and said oath he shall file with the county superin- tendent of schools. The census shall show the age of the child on May first, the name of the parent or guardian of each, and shall be filed with the county superintendent on or before the said first Monday in June. The clerk shall also place one copy of said census in the register of each school in the district. In taking the census the clerk, either by a house to house visitation or by conference with a member of each family shall determine positively the data regarding all children entitled to be enrolled on the census as herein defined. If any clerk or person employed by him shall willfully enter and return in said census the names of any children not lawfully entitled to enrollment on account of either age or residence he shall be guilty of a misdemeanor, and upon convic- tion thereof shall be subject to a fine not exceeding one hundred dollars. For the labor incurred in taking the census, the clerk or person employed by him shall be entitled to receive such remuneration as shall be fixed by the district board, which shall be paid from the district treasury. No clerk or person em- ployed by him shall receive pay for the service of taking the census until said report shall have been approved by the county superintendent and the chair- man of the distrit board notified by the county superintendent. Provided, chat said remuneration so received shall not be counted as salary. § 100. Census, Compared by County Superintendent] It shall be the duty of the county superintendent of schools to receive such census from each school district clerk in his county, and to inspect carefully the same, and by comparison with the previous census of said district, and other means verify its accuracy and if on examination and comparison he finds the said census to be inaccurate, insufficient or including names not properly enrolled in the school district, it shall be his duty to cause a new census of the said school district to be made, and the expense thereof shall be charged to and paid by the said district so making the insufficient, false or fraudulent return. In which case the first census enumerator shall be entitled to no remuneration. § 101. Census Sent to Commissioner of School and Public Lands] On or before the first day of July in each year, each county superintendent shall SOUTH DAKOTA SCHOOL LAWS 19 report under oath to the commissioner of school and public lands the enumera- tion of persons of school age in each school district in his county, according to the census of school districts as hereinbefore provided. Upon receipt of such report of the enumeration of children residing in each school district in the state, it shall be the duty of the state commissioner of school and public lands to inspect carefully each report so received and by comparison or otherwise, to satisfy himself of the accuracy thereof, and if upon such inspection, com- parison, or by other means he shall become satisfied that the census of any school district as reported is insufficient, false or fraudulent, it shall be his duty to provide for a re-enumeration of the said school district, and the expense of such re-enumeration shall be paid by the school district so re-enumerated. And upon the census of all of the school children secured as hereinbefore provided, he shall apportion the school funds as provided by law. § 102. Treasurer — Duties of] The school treasurer shall keep such ac- counts and make such reports as are required of him by law. He shall pay no money out of the school funds in his hands except upon the warrant of the school board, signed by the clerk and countersigned by the chairman. He shall pay all warrants properly drawn and signed when presented so long as there is any money in his hands or subject to his order for their payment, and shall draw all money in the hands of the county treasurer belonging to his district, at least once every three months in each year. § 103. Whenever a warrant is presented to the treasurer for payment, and there is no money in his hands or subject to his order for the payment of such warrant he shall endorse on such warrant, "Presented for payment this day of 190. . and not paid for want of funds," and sign such endorsement. If he has in his hands or subject to his order money for the part payment of such warrant, he shall make such part payment and endorse the sum on the warrant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and en- dorsed. Every warrant thus presented and endorsed shall draw interest for the amount unpaid at seven per cent per annum until paid. Provided, that whenever there shall come into the hands of the treasurer, or subject to his order, money applicable to the payment of any warrant which has been so presented and registered, the treasurer shall notify in writing by mail the drawee of such warrant, at his last known place of residence, to pre- sent such warrant for payment, and interest shall cease upon every such war- rant within ten days after such notice shall have been sent and such money shall be held for the payment of such warrant. § 104. Manner of Drawing Warrants] Every warrant drawn by the clerk of the district board on the district treasurer shall specify the purpose for which the money is paid, the fund on which it is drawn, and the person, firm or corporation to whom paid; Provided, that no warrant shall be issued except for indebtedness incurred prior to its issue. § 105. Salary of School Officers] The chairman shall receive an annual salary of five dollars, and such remuneration for attending such meeting of the school officers as provided for in section 42, and shall receive no other compen- sation for his services as a district officer. The district clerk shall receive a salary of five dollars per annum for every school or department thereof in the district and in like manner the district treasurer shall receive five dollars per annum for every school or department thereof in the district. Provided, that in computing the salary of such offices no school shall be included unless the same shall have been taught at least three months the pre- ceding school year; Provided, that such salary shall not exceed twenty-five dollars per annum for the treasurer. They shall each receive remuneration additional for at- tending such meetings of the school officers as provided for in section 42. 20 . SOUTH DAKOTA SCHOOL LAWS Provided, further, that the county superintendent shall, upon receipt of the annual report of the clerk and treasurer, if correct, complete and received on or before August first of each year, notify the chairman of said school board that such reports have been received. Thereupon the chairman of the school board shall sign the warrant for their annual salary and no part of said salary shall be paid until said notice. § 10G. Prohibition of School Officers] No school officer shall be em- ployed to teach, nor to draw public money as a teacher in any district while holding such office, except by permission of the county superintendent. ARTICLE V § 107. Powers and Duties of the District School Board] The district school board shall have general charge, direction and management of the school or schools of the district, and the care, custody and control of all the property belonging to it, subject to the provisions of this article. They shall organize, maintain and conveniently locate schools for the education of all children of school age within the district. If a petition signed by the persons charged with the support and having the care and custody of seven or more children of school age all of whom reside not less than three miles from the nearest school, is presented to the board asking for the organization of a school for such chil- dren, the board shall organize such school and employ a teacher therefor, if a suitable room for such school can be leased or rented at some proper location not more than three miles distant from the residence of any one of such chil- dren. § 108. When pupils reside more than two and one-half miles from the nearest school house in the school district and not to exceed three miles, then the parent, guardian or pupil shall receive from his school district ten cents per day for each pupil, if more than three miles and not to exceed four miles twenty cents per day. If more than four miles and not to exceed five miles thirty cents per day. If more than five miles forty cents per day. Pro- vided, however, that in cases where more than one pupil from any family re- ceives compensation under the provisions of this section, the total amount allowed for any one family shall not exceed twenty (20c) cents for traveling three miles or under, and not to exceed forty (40c) cents for traveling be- tween three and four miles, and not to exceed sixty (60c) cents for traveling between four and five miles, and not to exceed eighty (80c) cents for traveling five miles or more. Provided, that such financial provision shall be only for actual attendance at public school and conditioned that the district in no way furnish means of conveyance. Provided, that when any pupil shall have passed the eighth grade, such pupil, his parents or guardian shall not receive payment for transportation to or from school. Provided, that when pupils reside nearer some school in another school township or district then the school board or board of education can make arrangements for the schooling of such pupils at such other school by paying tuition and such transportation as previously provided for in this section. Provided, further, in determining the distance to be traveled to get to any school the. most direct route to be established by the school district board, subject to an appeal as provided in sections 114, 115 and 116 of Chapter 135, Session Laws of 1907, shall be the basis of the computation. Provided, further, that no township or district shall expend more than eight hundred dollars for transportation in any one year. Provided, further, that no payments shall be made until the close of the school year, and if bills allowed are in excess of eight hundred dollars ($800.00) said sum of eight hundred dollars shall be divided pro rata. § 109. The district school board shall make all necessary repairs to the school houses, outbuildings and appurtenances, and shall furnish fuel and all necessary supplies for the schools. Water Closets] They shall give special attention to the matter of con- SOUTH DAKOTA SCHOOL LAWS 21 venient water closets or privies, and provide on every school house site, not within an independent city or town district, two separate buildings located at the farthest point from the main entrance to the school house, and as far from each other as may be, and keep them in wholesome condition and good repair. In independent city or town districts where it is inconvenient or undesirable to erect two separate outhouses, several closets may be included under one roof, and if outside the school house each shall be separated from the other by a brick wall, double partition, or other solid or continuous barrier, extend- ing from the roof to the bottom of the vault below, and the approaches to the outside doors for the two sexes shall be separated by a substantial close fence not less than seven feet high and thirty feet in length. § 110. The district school board shall employ the teachers for the schools of the district, and may dismiss any teacher at any time for plain violation of contract, gross immorality, or flagrant neglect of duty; Provided, that every contract for the employment of a teacher shall be in writing and authorized by a majority of the members of the district school board, and provided further, that in any school district consisting of one or more townships, in any school except in a city, town or village of more than fifty inhabitants, if a petition be presented to the clerk of said district or school board on or before the regular school meeting in July, signed by three- fourths of the parents or guardians of persons of school age belonging to any school in said district, such petition asking that a certain teacher be employed for the following school year, provided said teacher at the time of said meet- ing is the holder of a valid second or third grade certificate or certificate of higher grade, it shall be the duty of the school board so petitioned to employ said teacher provided said teacher is willing to teach said school at the wages paid other teachers in said district of like qualifications and holding like certificates. If any member of the school board mentioned in this section shall re- fuse or fail to employ teacher as provided in this section, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined in any sum not less than twenty nor more than fifty dollars. § 111. Officers' Meetings] The district school officers shall attend meet- ings of school officers as provided for in section 42. § 112. Pupils from Other Districts] The district school board shall admit to the schools of the district pupils from other districts, when it can be done without injuring or overcrowding such schools, and make regulations for their admission and the payment of their tuition therein. It shall be the duty of the board at the annual July meeting, each year, to make the assignment and distribution of pupils to and among the schools in the district, and in such assignment and distribution the board shall take into consideration the wishes of the patrons and the best interests of the pupils and district. § 113. May Discontinue School] Any school in the district may be dis- continued by the district school board, for the purpose of combining two or more schools into one and to make arrangements for the transportation of the pupils to said school or schools if, in the judgment of the board, it is to the best interest of the pupils and the district. § 114. Appeal Against Closing School] The patrons of any school may appeal to the county superintendent and remonstrate against any discontinu- ance of such school, which shall be signed by at least one-third of the patrons belonging to said school. Such petition shall set forth the reasons for the con- tinuance of said school, whereupon the county superintendent shall order a hearing thereon, giving out notice of the time and place of such hearing, to the patrons of the school and district board; and if, after such hearing, he shall deem it to the best interests of said school and district he may order the con- tinuance of said school, which order shall be heeded by the district school board. 22 SOUTH DAKOTA SCHOOL LAWS § 115. Appeal — General] Any party dissatisfied with a decision of the district school board or board of education, relative to school matters, may ap- peal therefrom to the circuit court of the county at any time within thirty days alter the rendering of such decision. Said appeal is taken by serving a notice of appeal upon the district school board or board of education, or any member thereof, and by filing such appeal and a bond for costs with the clerk of the school district or board of education. Said notice of appeal must state the decision appealed from, in a clear and concise manner. Said bond for costs shall be in the sum of one hundred dollars, with two or more sureties ap- proved by the clerk of said circuit court, conditioned that appellant will pay all costs therein that may be adjudged against him. When said notice of appeal and bond for costs is filed with the clerk of the school district or board of education as above, said school clerk shall, within five days thereafter transmit to the clerk of the circuit court a certified copy of his record of the decision appealed from, and all original papers filed in his office in said matter, including the notice of appeal and bond for cost therein; and said clerk may be compelled by said circuit court by an order entered upon motion to transmit such certified copies or original papers and may be fined for neglect or refusal to transmit the same. For such transcript and return the said clerk shall receive the usual copying fees and mileage one way, same to be taxed as part of the cost of suit. And the clerk of the court shall receive and file said papers, and docket the same, in the same manner, and shall receive the same fees therefor as in appeals from justices' courts to circuit courts; Provided, his costs need not be paid beforehand. When any matter is so appealed and filed with the clerk of the circuit court it shall be docketed in the name of the dissatisfied party as appellant against the school district, by its proper name, as appellee, and it shall be tried anew in the circuit court according to the regular procedure provided by law therein and shall in all respects be treated as a regular case or action in said circuit court, save as hereinafter for expressly provided. No notice of trial or note of issue need be served to have such matter placed upon the trial calendar, and same shall come on for trial in its regular order, except as provided below herein; and the same proceedings shall be had and all judgments or orders therein shall be valid and mandatory, as by law provided in any other regular case or action or proceeding in said circuit court; Provided, that above parties may agree upon the statement of facts in any actual case or matter tried anew thereon before the court in chambers or in open court, after proper appeal and consent of parties. In all of the above the circuit court shall render judgment therein and may render final judgment or make such order and direction therein as the circumstances of the case may require and as the very right of the case may appear and enforce the same upon execution or by mandamus or attachment as for contempt. § 116. Appeal to Supreme Court] Appeals relative to school matters may be taken from the circuit court to the supreme court of the state and the same proceeding shall be had, and all judgments and orders therein shall be valid and mandatory as by law provided in any other case or action or ap- peal or proceeding in said supreme court. § 117. Assist Teacher] The district school board shall assist and co- operate with the teacher in the government and discipline of the schools, and may make proper rules and regulations therefor. They may suspend or expel from school any pupil insubordinate or habitually disobedient. Provided, that such suspension shall not be for a shorter period than ten days nor beyond the end of the current term of school. § 118. Tax Levy] The district school board shall have power to levy upon the property of the district a tax for school purposes of not exceeding twenty mills on the dollar in a year, which levy shall be made by resolution of the board at their regular July meeting in specific amounts. SOUTH DAKOTA SCHOOL LAWS 23 The clerk shall immediately thereafter notify in writing the county auditor of the total amount of tax so levied. § 119. Removal of School House] The school board shall have power to direct the removal of a school house to a more convenient location, upon a vote of the majority of the electors of the entire district; Provided, that in districts in which there shall be but one school house a two-thirds majority vote shall be necessary to remove such school house from the center of the district to any other point in the district, except such removal shall be to the center of the district, in which case a majority vote shall be sufficient for such removal. Provided further, that any point within one hundred and sixty rods of the geographical center of the district shall be deemed the center for the pur- poses of this section. § 120. Annual Meeting of Board] At the annual meeting of the school district board in July of each year, it shall be the duty of the clerk and the treasurer to read their respective annual reports and the board shall verify them as provided in section 126 of this act. The board shall levy such tax as the patrons shall have directed at the annual election, but it shall not exceed for all purposes two per cent of the taxable property of the district. If any school district fails to hold in any school year at least six months of school in any school house in said district providing no legal discontinuance be had, it shall be the duty of the county superintendent to notify the county treasurer of the amount of money due said district from the apportionment fund for the semi-annual term ending June 30, of the preceding year, which amount shall remain to the credit of such district and no warrant be drawn therefor until said district shall have complied with the law, unless said dis- trict board made provisions for the instruction of the pupils for the required time in some other school. In case of failure in any district to levy tax suffi- cient to support a school for the number of months above named, the board of county commissioners shall levy a tax on the property of the district that shall be sufficient for the purpose. § 121. Purchase and Sale of School Property] 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 in 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 con- veyance of the same in the name of the district when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district. Nat. Bank vs. School District, 6 Dakota 255. § 122. Acquiring School Site] It shall be lawful for any board or district officers to take and hold any land not exceeding two acres, situated upon a sec- tion" 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 county shall upon application proceed according to law to condemn and ac- quire title to the same in the name of said district; Provided, that whenever a school house site shall have been selected by the properly constituted authority of school districts on common school or en- dowment 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, with- out the consent of the owner thereof, and a plat of the land so selected shall have been filed in the office of the commissioner of school and public lands, 24 SOUTH DAKOTA SCHOOL LAWS the board of school and public lands is hereby authorized to direct an appraise- ment of such site by the state board of appraisers and the same shall be appraised in the manner provided by law for the appraisement of school and public lands. Such appraisement shall not be less than the minimum price fixed by the constitution for school and public lands. § 123. 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; con- ditioned 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. § 124. Assessor Shall Furnish List of Property to Clerk] Every town- ship or county assessor shall on or before the first day. of July in each year furnish to the clerk of each school corporation, the real property of which he assesses, a certificate of the valuation of all real property and of all personal property and of the total of these subject to taxation within the corporation for the current year. § 125. Commissioners Levy Tax for General Fund] The county commis- sioners of each county shall levy a tax of one dollar on each elector in the county for the support of the common schools, and no property shall be ex- empt from the collection of such tax by distress or otherwise, which taxes, when so collected, shall be distributed to the several school corporations in the county in proportion to the number of children resident in the territory of each over six and under twenty-one years of age. § 126. Treasurer's Settlement with Board] At the annual meeting of the school board on the second Tuesday of July in each year, the incoming district board shall make settlement with the district treasurer, who shall at that meet- ing make his annual report in triplicate, one copy to be preserved in the treas- urer's office; and upon approval of the same by the district board, one ap- proved copy to be filed with the district clerk, and one approved copy to be transmitted by said clerk to the county superintendent on or before the first day of August of each year. On making said settlement it shall be the duty of the district board to compare the certified bills allowed by the board with the orders issued, also to compare the orders paid by the district treasurer the preceding year with the clerk's record of orders issued; and also compare the record of the money received and orders paid by said treasurer with his annual report, and if found correct the report shall be approved, the orders cancelled and filed with the district clerk. The board shall cause to be posted in three public places, or published in a newspaper of general circulation in the county, an itemized statement of the receipts and expenditures for the preceding school year. § 127. False Report — Penalty] Any clerk or treasurer of a school dis- trict who shall willfully sign or transmit a false report to the county super- intendent, or willfully sign, issue or publish a false statement of facts pur- porting or appearing to be based upon books, accounts or records, or of the affairs, resources and credit of the school district, shall upon conviction be punished by a fine of not exceeding fifty dollars or by imprisonment in the county jail not exceeding fifteen days. Any clerk or treasurer of a school dis- trict who shall willfully mutilate or destroy any of the books, accounts or records of his office, or who shall refuse to deliver to his successor in office all the books, accounts, records of his office upon demand of his successor for the same, shall be deemed guilty of a misdemeanor, and it shall be the duty of said successor to begin action immediately upon the official bond of such officer for the recovery of such money or other property. § 128. Failure to Report] Any school district officer who is required by law to make a report to any other county or school district officer, and who shall willfully neglect to make such report or fail to perform such official duties, SOUTH DAKOTA SCHOOL LAWS 25 shall forfeit and pay to the school funds of said county or district a penalty of not less than ten dollars nor more than fifty dollars, to be recovered from such delinquent officer, or from him and his sureties in the official bond, in a civil action to be brought by the state's attorney in any court of record having jurisdiction. § 129. Notice of Tax Levy to County Auditor] It shall be the duty of the district clerk, on or before the 20th day of July in each year, to notify the county auditor of the amount of tax voted at the last annual meeting or levied by the district school board, and of any and all other tax of which notice has not previously been given. The notice shall be substantially in the following form: District Clerk's Office, School No County, South Dakota 19.... To the County Auditor of County, S. D. Sir: You are hereby notified that at 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 and sinking fund dollars Total , dollars (Signed) District Clerk. The rate per centum of all school taxes shall be calculated and fixed by the county auditor, who shall consolidate the amounts and extend the school tax in one column. § 130. Accounts — How Kept] All moneys apportioned by the county su- perintendent to the district or received from the district tax for tuition pur- poses shall constitute the 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 debt 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 on 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 first 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 and 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 not required to balance. The accounts for different classes of receipts shall be kept separately from the 26 SOUTH DAKOTA SCHOOL LAWS accounts of the different classes of expenditures; but every entry in each shall fully and clearly designate its source or purpose with the dates. Section 131. Reports Subject to Approval of County Superintendent] 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, or if any such money be otherwise unlawfully expended, the county superintendent or any taxpayer of the district may in a civil action in the name of the district re- cover said money from the officer so expending it. § 132. Books and Reports Open to Inspection] All reports and all books, records, vouchers, contracts and papers of all kinds relating to the school houses, schools and school business of the district, in the office of the clerk or treasurer, shall be at all times open to the inspection of the chairman, who shall advise and aid toward securing correct records and accounts and legal reports, and they shall likewise be open to the inspection of the state and county superintendents, and any particular paper or record shall be exhibited at reasonable hours to the examination of any voter or taxpayer. § 133. Majority of Board Have Authority] Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them unless it be otherwise expressed in the section or law giving the authority, and when a decision or direction is made by the majority of such officers or persons, it is the duty of the one to whom its exe- cution belongs by law, to execute the same in all respects as if he had favored the particular decision or direction, as if it were authorized unanimously. § 134. Cultivation and Protection of Trees and Shrubs Upon the School House Grounds] It is hereby made the duty of the officers of every school district in the state of South Dakota to plant trees and shrubs upon the grounds of each school house in their district and to encourage the school children to plant such trees and shrubs and to cultivate and protect the same. Where stock is permitted to run at large, it is hereby made the duty of the school officers in every district in South Dakota to cause to be erected about the grounds of every school house in each district a substantial fence sufficient to protect the trees upon the school house grounds from destruction by live stock, and such fence shall be provided with convenient gates or stiles. " ARTICLE VI Teachers and Schools § 135. School Year, Month and Day Defined] The school year shall be- gin July 1st and end June thirtieth. A school month shall consist of twenty days, a school week of five days, a school day of five and one-half hours, ex- clusive of intermission. Provided, that the time specified as a school day shall not apply to primary schools. Saturdays shall not be counted as school days. § 136. Employment of Teachers] Teachers shall be employed only upon the exhibition of the teachers' certificate valid in the county where employed, and then only upon a written contract signed by the teacher and at least two 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 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 day of May, the fourth day of July, the day appointed by the president of the United States for national thanksgiving, and the twenty- SOUTH DAKOTA SCHOOL LAWS 27 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 in- stitute, when the teachers have been notified by the county superintendent. (3) Teachers shall receive into their schools pupils transferred thereto by the order of the district board, or admitted by its authority. (4) Teachers shall send the notices, keep proper entries in the register which shall show the grade 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 report required by law; and the county superintendent shall promptly fur- nish 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 manner. (5) Teachers shall classify the work of their schools in accordance with the suggestions, grades and outlines as prescribed in the course of study rec- ommended by a majority of the county superintendents of the state and the superintendent of public instruction, and shall hold examinations, and make reports as prescribed therein. (6) The county superintendent shall divide his county into districts as may be convenient for the purpose of holding district teachers' institutes during the school year on Saturdays, and all teachers employed in the schools of each institute district shall be required to attend the meetings in such district, but not less than two nor more than four such meetings shall be held in each dis- trict during any school year nor shall such meetings be held oftener than once in two months'. The county superintendent shall organize the teachers of each institute district at or near the beginning of the school year by ap- pointing a manager and a secretary from among the teachers of the district, who shall, in conjunction with the county superintendent, prepare the pro- grams for the several meetings to be held, and it shall be the county super- intendent's duty to give all the teachers of the district at least two weeks' notice of such meeting. Each meeting shall consist of one session of approxi- mately three hours. The program shall be so arranged that all teachers of the district shall be given an active part as often as practicable. The work as out- lined by the state teachers' reading circle board shall constitute one-third of the work, and the balance of the program shall also be for the general im- provement of the teachers. The manager and the county superintendent shall keep complete records of the work at such meetings which shall show the absence, tardiness and attend- ance of all teachers and the manner in which each one performed the duty or duties assigned. Within five days after the holding of such district institute the county superintendent shall forward the clerk of the school board or the secretary of the board of education of all schools in the institute district a cer- tificate of attendance, duly signed and sealed, which shall entitle the holder thereof to the sum of $2.00 and five cents mileage each way for every mile necessarily traveled from the residence of the teacher in the district to the place of holding the institute, but such attendance shall be in the institute district in which the school is located. Provided, that if a teacher fails to attend the district institute, after due notice, or fails to perform the duty or duties assigned, the county superintend- ent shall certify that fact to the clerk of the school board or to the secre- tary of the board of education of the school district in which such teacher may be employed, who shall then cause to be deducted the sum of $1.50 from the salary of such teacher, unless such absence shall be caused by illness or other reason as shall be approved by the county superintendent. Provided, further, that whenever a teacher of a school or a majority of the teachers of a graded school desire to attend a state or district state association the school board or the board of education is hereby authorized to close such school or schools for not more than five days to enable such teacher or teachers 28 SOUTH DAKOTA SCHOOL LAWS to do so; provided, that the teacher or teachers must make up any time so lost from their engagement, unless the school board or board of education pass a resolution to other effect. (7) In all territory that has been opened to settlement by proclamation of the president of the United States and organized under the state law of South Dakota, the child or children of Indian parentage shall be classified, enumerated and recognized the same as all other children of the state of South Dakota, and their attendance and supervision shall be subject in every particular to all the requirements and laws of the state, governing our public schools, and in addition thereto, all teachers in public schools, where Indian pupils are enrolled, shall report monthly to the superintendent of each agency, having charge of such Indians, showing the attendance of such pupils, blanks to be furnished for such reports by the said Indian superintendents. Action against any school officer for non-performance of duty in accord- ance with this article may be instituted by any respectable citizen of the county where sakl officer resides. § 137. Teachers to Give Notice on Beginning Schoor] Every teacher on commencing a term of school shall give written notice to the county superin- tendent of the time and place, of beginning of such school, and the probable time when it will end. § 138. Branches to be Taught] Instruction shall be given in the com- mon schools of the state in the following branches, in the several grades in which each may be required, viz: Reading, writing, orthography, arithmetic, geography, primary language and English grammar, history of the United States, history of South Dakota, physiology and hygiene, with special instruc- tion as to the nature of alcoholic drinks and narcotics and their effects upon the human system, civil government and drawing. § 139. Board Shall Provide Register] The board of every school district shall provide one classification school register for each school therein, which shall conform to the form prescribed in the book of forms provided in section 5, of article 1, 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 en- rolled, and all other items necessary for making the report in the next section required. § 140. Teacher Shall Make Term Report] Every teacher of a common school under this law shall at the expiration of each term immediately make out full duplicate reports and deliver one copy thereof to the 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, the 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 his report shall show the grade in which each pupil belongs; his standings as shown by the monthly and term ex- aminations, the daily program of class recitations, and such other information 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 filed with the clerk, the school board shall not pay more than ninety 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. Provided, that any teacher who willfully neglects to give notices and make reports herein provided or who shall refuse to fulfill the conditions of his con- tract unless such neglect or refusal be on account of sickness shall thereby forfeit his certificate to teach. § 141. Disturbance of a Public School] Every person, whether pupil or not, who shall willfully molest or disturb a public school when in session, or" SOUTH DAKOTA SCHOOL LAWS 29 who shall willfully interfere with or interrupt the proper order or management of a public school by acts of violence, boisterous conduct or threatening lan- guage, so as to prevent the teacher or any pupil from performing his duty shall be guilty of a misdemeanor, and shall upon conviction thereof, before a justice of the peace, be punished by a fine not exceeding twenty-five dollars or by imprisonment in the county jail not more than ten days, or by both such fine and imprisonment. § 142. Defacement of School Property] Any pupil, who cuts, defaces, or otherwise injures any school house, apparatus, or outbuildings thereof, is liable to suspension or expulsion; and on the complaint of the teacher to any member of the school board, the parents or guardians of such pupils shall be liable for all damages. § 143. Ethical Instruction] Moral instruction intended to impress upon the mind of pupils the importance of truthfulness, temperance, purity, public spirit, patriotism ami respect for honest labor, obedience to parents and due deference for old age, shall be given by every teacher in the public service of the state. § 144. Humane Treatment of Animals to be Taught] There shall be taught in the public schools of this state, in addition to other branches of study as now prescribed, a system of humane treatment to animals. Each school supported wholly or in part by the public funds of this state, in any county or city thereof, 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, such studies on the subject as the board of education having supervision thereof may adopt, such instruction to consist of not less than one lesson of ten minutes each during each week of the school year. But no experiment upon live animals, to demonstrate facts in physiology, shall be permitted in any school in this state. § 145. Necessary Equipment] Each school and each school room, containing one or more of the grades, three to eight inclusive, and each un- graded district school shall be supplied with a dictionary of some standard grade of a kind and edition approved by the county superintendent of schools, and a globe of some standard grade, a well mounted and recent set of wall maps, blackboards, and other suitable apparatus for efficient teaching; within thirty days after the request in writing for the same has been made by the teacher. And the distriet school board 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 school; Provided, said expense for books and other equip- ment as enumerated above shall not exceed fifty dollars for any school in any one year. Provided, that no district school board shall buy any apparatus, chart, or similar device unless said board is expressly authorized so to do by a majority of the school electors of such school district at a regular or regular- ly called special meeting thereof. § 146. Prohibition on Binding Contracts] No contract binding on the school district shall be made in any case except by the school board or board of education, acting as such, at a regular meeting or regularly called special meeting, excepting contracts made for the employment of teachers. § 147. Tuition for Eighth Grade Graduates] Any pupil who shall successfully complete the work of the eighth grade as established in the state course of study and who shall hold a common school diploma granted by the county superintendent is privileged to continue his school work up to and in- cluding the twelfth grade by attending any graded school (high school or nor- mal school), in the state furnishing a higher course of study, and not to ex- ceed two dollars per month of the tuition charge therefor shall be paid by the board of his home district from the general fund thereof, if his home district does not provide instruction in such higher grades, and any tuition charge in excess of said two dollars ($2.00) per month, which, in addition thereto shall 30 SOUTH DAKOTA SCHOOL LAWS not exceed the actual per capita cost per month of schooling a student in such graded school, shall be paid by the student or his parent or guardian. ARTICLE VII § 148. Every person having under his control a child between the age of eight and fourteen ye^rs, both inclusive, shall annually cause such child to regularly attend some public or private day school for the entire term during which the public school in the district in which he resides is in session. Pro- vided, that the district board may decrease the required term of attendance to not less than sixteen weeks, twelve weeks of which must be consecutive. For every neglect of such duty the person offending shall be fined for the use of the public schools of his school corporation, a sum not less than $10.00 nor more than $20.00 and shall stand committed until such fine and costs of suit are paid. But if the person so neglecting shall show to the board of education or district school board, as the case may be, or to the court, that instruction has otherwise been given by a competent person for a like period of time to such child in the branches commonly taught in the public schools; that such child has already acquired the branches of learning taught in the public schools; or that his physical or mental condition as declared by a competent physician is such as to render such attendance unsafe or impracticable; or, if in the opinion of the court or judge such compulsory attendance would impose con- ditions which would not be humane, then such penalty shall not be incurred. Such fine shall be paid when collected to the county treasurer or the treasurer of such city or independent district in which such child and parents reside, to be credited by him as other money raised for school purposes to the district from which it came. § 149. The board of education of city or town independent school districts shall appoint each year a truant officer, whose duty it shall be, under the di- rection of said board or its superintendent, to enforce the provisions of this act. Provided, that the county superintendent shall act ex-officio as truant officer for all other districts. The truant officer shall receive such compensa- tion for his services as the board of education may determine. It shall be the duty of the truant officer, teacher, member or agent of such board of education to petition, and any reputable citizen may petition, the county court of the county, to inquire into the case of any child of compulsory school age who is not attending school, or whose attendance is irregular, or who has been guilty of habitual truancy, and the petition shall also state the names, if known, of the father or mother of such child or the survivor of them, and if neither father nor mother of such child is living or cannot be found in the county or if their names cannot be ascertained, then the name of the legal guardian, and if there be neither, then the person who, in the judgment of the court, is responsible for the conduct of such child. Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed, the judge of the county court shall cause to be issued a citation to the sheriff of the county directing him to bring such parent, guardian or person before the court or judge and shall summon such witnesses as may be necessary to as- certain the facts in the case, and if the court or judge shall find that the ma- terial facts set forth in the petition are true, then such parent, guardian or person shall be fined as hereinbefore provided. It shall also be the duty of said truant officer to arrest children of school going age who habitually haunt public places and have no lawful occupation, and also truant children who absent themselves from school without leave, and place them in charge of the teacher having charge of the school which said children are by law entitled to attend. The board of education shall have the power, in its discretion, to set aside a room or building for the detention, during reasonable hours, and instruction SOUTH DAKOTA SCHOOL LAWS 31 of such children as may be assigned thereto by the superintendent, principal or board of education because of habitual truancy, continued violation of the rules of the school, or of vicious or immoral habits, and to pass and enforce such rules and to provide teachers and other agents and equipment as may be necessary to maintain discipline and instruct in the same branches as are provided in other rooms or buildings. And it shall be the duty of said teacher to assign such children to their proper classes and instruct them in such studies as they are fitted to pursue. Any school officer or employe failing to perform the duty required of him by this article shall be liable to a fine of not less than $10 nor more than $20 for every such offense. § 150. No child under the age of fifteen years shall be employed, permitted or suffered to work at any gainful occupation in any mine, hotel, laundry, manufacturing establishment, factory, passenger or freight elevator, bowling alley or in any saloon, theater, concert hall or place of amusement, where in- toxicating liquors are sold, or as messenger or driver thereof or in any other mnnner in work performed for wages or other compensation to whomsoever payable, during any portion of any month during the hours when the public schools of any district in which he or she resides are in session. Every owner, superintendent or overseer of any mine, factory, work-shop, mercantile establishment, or any other person who shall employ any child under fifteen years of age contrary to the provisions of this article shall be deemed guilty of a misdemeanor, and for every offense shall upon conviction thereof be fined not less than $10 nor more than $50 and costs. Any person having the control of a child or who may have children in his employ, who with the intent to evade the provisions of this article shall make a willfully false statement concerning the age of such child or in regard to facts covered by any other provision of this article, shall for such an offense be fined in any sum not less than $10 nor more than $50 for the use of the public school corporation. (2) That all of article 7 of chapter 22 of the Revised Political Code of South Dakota of 1905, and all other acts or parts of acts in conflict with any of the provisions of this act be and the same are hereby repealed. ARTICLE VIM School Bonds § 151. Bonds May be Issued] Whenever the qualified electors of a school district shall at any regular or special meeting held for that purpose, vote to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to locate the same, or to fund an out- standing indebtedness, the school district board may lawfully issue such bonds in accordance with the provisions of this article. Provided, however, that the question of issuing bonds shall not be sub- mitted to a vote of the district and no meeting shall be called for that purpose until the school district board shall have been petitioned in writing by one- third of the voters resident in said school district. § 152. Before the question of issuing bonds shall be submitted to a vote of the school district, notices shall be posted in at least three public and con- spicuous places in said district stating the time and place of meeting, the amount of bonds proposed to be issued and the time in which they shall be made payable; said notices shall be posted not less than twenty days before the meeting, and the voting shall be done by means of written or printed ballots, and all ballots deposited in favor of issuing the bonds shall have thereon the words "For issuing bonds," and those opposed thereto shall have thereon the words "Against issuing bonds;" and if a majority of all the votes cast shall be in favor of issuing bonds, the school board through its proper officers shall forthwith proceed to issue bonds in accordance with the vote; but if a majority 32 SOUTH DAKOTA SCHOOL LAWS of all the votes cast are against issuing bonds then no further action can be had, and the question shall not be again submitted to a vote for one year there- after, except for a different amount. § 153. The denomination of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, not exceeding two hundred dollars, and shall bear interest at the rate of not ex- ceeding seven per cent per annum, payable semi-annually in accordance with the interest coupons which shall be attached to said bonds; and such bonds shall be made payable in annual, biennial or triennial succession, but no bond shall be made payable in less than three or more than fifteen years; and no greater amount than two thousand five hundred dollars can be issued for any one school house, except in towns or villages of more than one hundred inhabitants, and in such districts the amount shall not exceed four per cent of the assessed valuation. Provided, that when a district containing two or more schools, at a meet- ing of the electors thereof, shall have voted to consolidate part or all of such schools, or if two or more districts shall have voted to consolidate for the purpose of establishing and maintaining a graded central school, in such cases bonds may be issued not to exceed four thousand dollars for the purpose of building and equipping a school house. Provided, that the amount shall not exceed four per cent of the assessed valuation of said district. Provided further, that for the purpose of this act the valuation fixed by the state board of equalization at its last preceeding meeting shall be the as- sessed valuation of such districts. § 154. Bonds — Form of — Auditor's Certificate] Whenever any bonds are issued under the provisions of this article, they shall be lithographed or printed on good bond paper and shall state upon their face the date of their issue, the amount of the bond, to whom and for what purpose issued, also the time and place of making, and the rate is interest to be paid. They shall have printed upon the margin the words, "Authorized by article 8 of chapter of the Session Laws of South Dakota for 1907" and upon the back of the bonds a certificate signed by the county auditor in substantially the following form: "I certify that the within bond is issued in accordance with law, and is within the debt limits permitted by the constitution of the state of South Da- kota, and in accordance with a vote of school district at a regular (or special) meeting on the day of A. D. 19. . . .to issue bonds to the amount of dollars." They shall be signed by the chairman and clerk of the school board and shall be registered and numbered in a book to be kept by the clerk for that purpose, in which shall be entered the number, date, and name of person to whom issued, and the dates when the same shall become due. Bond Tax Levy] In any school district where there are bonds outstanding, the school board shall have power at the time the school taxes are levied to levy a tax in addition to the tax provided for in section 118 sufficient to pay the interest on said outstanding bonds as the same may become due and not to exceed fifteen per cent of the principal as a sinking fund. The said tax shall be certified to the county auditor by the school clerk at the same time that the levies for other purposes are certified. The money obtained from the levies for the interest and sinking fund shall not be used for any other purpose than that for which the levies are made ; Provided, that when any school district shall hereafter issue bonds, the school district board shall at or before the time of so doing provide for the levy of an annual tax sufficient to pay the interest and principal thereof when due, and all such levies when legally made shall be irrepealable until such debt be paid. Provided, however, that such levy shall not be greater than fifteen per cent SOUTH DAKOTA SCHOOL LAWS 33 in any one year of the debt to be paid. The school board may in their discretion purchase any of its outstanding bonds at their market value and pay for the same out of the sinking fund. § 155. Sale of Bonds] Whenever any bonds shall be issued under the provisions of this article, the school district treasurer shall have authority to negotiate and sell such bonds for not less than par, and the proceeds shall be used exclusively for the purpose of building and furnishing a school house and in payment for a site for the same and for necessary buildings. § 156. Bonds a Lien on Property] Bonds issued under the provisions of this article shall be a lien upon the taxable property of the school district issuing them, and when any school board neglects or refuses to levy a tax in accordance with law to meet any outstanding bonds or interest thereon, the county auditor shall have power to levy such tax, and when collected to apply the proceeds to the payment of such coupons and bonds. § 157. Cancellation of Bonds] Whenever the bonds of any school district shall have been redeemed by the school board, they shall be cancelled by writ- ing or printing in red ink the words "Cancelled and paid" across each bond and coupon, and the date of the payment and the amount paid shall be en- tered in the clerk's register against the proper number of bond and the bonds so cancelled shall be filed in the office of the district treasurer until all the outstanding bonds are paid, when they shall be destroyed in the presence of the full board. § 158. Building a School House] Whenever any school house is built with funds provided in the manner herein authorized, the school board shall advertise at least thirty days in some newspaper printed in the county, or by posting notices for the same length of time in at least three of the most public and conspicuous places, if no newspaper is published in the county, for sealed proposals for building and furnishing such school house in accordance with plans and specifications that shall be furnished by the school board, reserving the right to reject any and all bids, and if any of the proposals shall be reasonable and satisfactory said board shall award the contract to the lowest responsible bidder, and shall require of such contractor a bond in double the amount of the contract, conditioned that he will properly account for all money and property of the school district that may come into his hands, and that he will perform the conditions of his contract in a faithful manner and in accord- ance with its provisions, and in case all the proposals shall be rejected said board shall advertise anew in the same manner as before and until a reason- able bid shall be submitted; Provided, however, that no member of the school district board, clerk or treasurer, shall be interested, directly or indirectly, in any contract for building or furnishing any school house provided for in this article. § 159. Bonds Executed Now in Excess of Statute] When any school dis- trict in this state, which shall have heretofore legally issued, executed and delivered its negotiable bonds for the purposes then provided by law, and which at the time of issue thereof was not in excess of the debt limit allowed said district or township by law, but which said district for any reason has outstanding in said bonds and other indebtedness an amount in excess of the present constitutionaland statutory limit, so as to preclude a valid issue of bonds funding all outstanding indebtedness, then and in that event the school board of said district upon being authorized to do so by a majority vote of all electors at any regular election or special election called for that purpose, is hereby empowered to make a contract for the issue of extension coupons with the holder or holders of said outstanding bonds, at or prior to the time of the same becoming due, which said contract shall be entered upon the clerk's record of said district, and in pursuance of said contract the said school board shall execute and deliver the extension coupons of said district, extending the time of payment of said school bonds heretofore issued for a period of not less than three nor more than ten years, at a rate of interest to be agreed upon between 34 SOUTH DAKOTA SCHOOL LAWS said school district board and the holder or holders of said bonds, not to exceed the rate in the original bonds, payable semi-annually at such date and place as may be stated in said coupons. § 160. Certificate of County Auditor] When any school district in this state shall have voted to issue its negotiable bonds for the purpose now provided by law, and before the county auditor shall certify to the bonds, as required in section 154, the said district shall file with said auditor certified copies of the record of the said school district, ordering said election, and the records and poll book of said election, and unless said records show a strict compliance with law, the said certificate shall not be executed. ARTICLE IX Section 161. Bonds by Boards of Education of Independent School Dis- tricts in all Cities of the First Class and Cities Under Commission Having a Population of 10,000 or Over] Boards of education of independent school dis- tricts in all cities of the first class and in all "cities under commission" having a population of 10,000 or over by the last preceding federal or state census are hereby authorized and empowered to issue negotiable bonds in the manner here- inafter provided for the following purposes: 1. To refund bonds that may now be outstanding. 2. To fund outstanding warrants. 3. To purchase such real property as the board of education may deem necessary or advisable for school athletic and other school purposes. 4. To raise money for the purchase of sites and the erection of suitable buildings for school purposes. 5. To raise money for the erection of additions to school buildings. § 162. Resolution of Board] When the board of education of the inde- pendent school district of any city of either of the classes referred to in section 161 hereof, shall deem it necessary and expedient to raise money for any of the purposes herein provided for, it shall pass a resolution setting forth clearly and distinctly the object or objects, for which the bonds are to be is- sued, the amount of the bonds, the maximum rate of interest which they are to draw and the time when they shall become due and payable. Said resolu- tion shall further fix the time and place for holding an election and shall dis- tinctly specify the propositions to be submitted to the electors. Such resolu- tion may include the issuing of bonds for one or more purposes. The resolu- tion shall provide for its publication in two or more newspapers published in said city and that said publication shall be at least once a week for four weeks prior to the time of such election. When such resolution shall be adopted by the board, it shall be entered at length by the clerk on the min- utes, signed by the president and attested by the clerk. § 163. Polling Place] The board shall fix a polling place in each ward and shall appoint by resolution the members of said board from the respective wards as judges of election. Such judges shall appoint a competent person as clerk. § 164. Election] Said election shall be held in accordance with the gen- eral election laws of this state, except as herein modified; Provided, no registration of electors shall be necessary. The polls shall be opened at 2 p. m. and close at 6 p. m. on the day designated. All persons, male and female, who are qualified electors under the laws of the state shall be competent to vote at such election. § 165. Ballot — Form of] The ballot to be used shall be white paper and shall be printed by authority of the board, and have printed upon it the propo- sitions submitted to said electors. Said proposition or propositions so printed on the ballot shall be as near as possible, in the following form: 1. Shall the board of education of the city of (giving the name of city) be authorized to issue bonds in the sum of (naming it) payable in twenty years or less from date at a rate of interest not to exceed five per cent per annum, SOUTH DAKOTA SCHOOL LAWS 35 payable annually, for the purpose of refunding the outstanding bonded indebt- edness of such school corporation? 2. Shall the board of education of the said city (naming it) be authorized to issue bonds in the sum of (naming it) payable in twenty years or less from date, at the rate of interest not to exceed five per cent per annum, payable annually, for the purpose of funding the outstanding warrants of said school corporation? 3. Shall the board of education of said city (naming it) be authorized to issue bonds in the sum of (naming it), payable in twenty years or less from date and bearing a rate of interest not to exceed five per cent, payable annually, for the purpose of purchasing suitable sites and for the erection of suitable school buildings? 4. Shall the board of education of the city of (naming it) be authorized to issue bonds in the sum of (naming amount), payable in twenty years or less from date, bearing a rate of interest not to exceed five per cent, payable an- nually, for the purpose of erecting additions to school houses? On the ballots there shall be printed opposite each separate proposition the words "yes" and "no" with squares before them. Any elector desiring to vote for one or more of said propositions shall place a cross in the square op- posite the word "yes." Any elector desiring to vote against one or more of said propositions shall place a cross in the square opposite the word "no." § 166. Board Canvass Votes] After the close of the polls the respective election boards shall canvass the votes cast and certify the result to the board of education. The board of education shall meet within one week after such election and proceed to canvass the votes cast in the various wards, and the result of the canvass must be entered in the minutes of the board. At such election the proposition submitted must receive a majority of the votes cast. If one or more of said propositions receive such a majority the clerk must enter in his records the affidavits of publication of notice of election. § 167. Rate of Interest and Signature of Officers on Bond] The bonds when issued shall not bear a higher rate of interest than five< per cent, payable annually. They shall specify on their faces the purpose for which they are issued and the time of the election authorizing their issue; the time and place of payment which shall not exceed twenty years, and the statement that they are issued in accordance with the provisions of this article. The bonds shall be signed as follows: The board of education of the city of (naming it) by (giving his name), president of the board, and attested by the clerk with the seal, and countersigned by the treasurer of said board. Each bond so issued shall not be less than fifty dollars. Such bonds when issued shall be held to be negotiable securities and may be issued payable to order or bearer. The annual interest shall be evidenced by coupons attached to the bonds. The coupons shall be signed and attested in the same manner as the bonds, but need not be countersigned by the treasurer. § 168. Sale of Bonds] Such bonds shall be sold at public auction to the highest bidder for not less than par. The board of education shall cause at least two weeks' notice to be published, stating the time and place where such bonds will be offered for sale. § 169. Bond Issue — Limit of Tax Levy to Pay] Any board of education of the independent school district of any city of either of the classes re- ferred to in section 161 hereof shall not issue bonds in such sums which, with the outstanding indebtedness, shall exceed 5 per cent of the assessed valua- tion of the taxable property situated in said school district, except when they are for funding or refunding purposes; but such funding or refunding bonds, with the debts not funded, shall not exceed the 5 per cent limit. Before any bonds are issued and sold in accordance with this article and with the vote of the electors of said corporation, the said board of education shall pass a reso- lution providing for the levy of an annual tax, which said levy shall include a sufficient sum to pay the annual interest on all bonds issued under this ar- 36 SOUTH DAKOTA SCHOOL LAWS tide and to create a sinking fund of at least three per cent per year of the prin- cipal of such bonds. The interest and sinking fund thus provided for shall be set apart by the treasurer of said corporation and shall not be used for other purposes. The sinking fund shall be applied to the payment of the bonds as fast as enough accumulates to pay one or more bonds, or for the purchase of such bonds at or below par; Provided, that such board may at its discretion pay not to exceed one year's interest in advance 01! any bond together with the principal, when it deems such course advisable, and in order to retire the bonds as fast as there is money in the sinking fund. § 170. Interest Coupons — Payment of] Whenever the interest coupons on any bonds become due, they shall be promptly paid by the treasurer on pre- sentation, and he shall stamp them "Paid," with the date of payment, and his name. All bonds paid by him shall be cancelled in the same manner and filed with the clerk of the board. § 171. Property Pledged to Pay Bonds] The school property and fund of such school district are hereby pledged for the payment of any bonds issued under this article or under previous laws that may be superseded by this article. § 172. Bonds — Registered] It shall be the duty of the clerk and treasurer to register each bond issued in a suitable book, with the name of the purchaser and the names of subsequent holders when known. Such book shall contain columns for entering the payment of the coupons and bonds. ARTICLE X § 173. Bonds for School Districts Created by Special Act] Any independ- ent school district heretofore created and organized under a special act is hereby authorized and empowered to issue bonds for the purpose of building, enlarging or furnishing school houses; or for purchasing grounds on which to locate the same, in any amount not exceeding five per centum of the assessed valuation of the property in the independent district, in such manner as is now provided for the issuance of bonds for like purposes under the provisions of the general school law. Provided, however, that in no case shall the outstanding indebtedness, to- gether with the bonds so issued, exceed five per centum of the assessed valua- tion of the property in said independent district. ARTICLE XI Cities, Towns and Adjacent Territory, Organized as Independent Districts § 174. All cities, towns and adjacent territory organized as independent school districts shall be governed by the provisions of this act. Provided, that any city or town organized under special act, either for civil government or educational purposes, may at any time adopt the provis- ions of this act by a majority vote of the electors. Provided further, that any city or town, or any unincorporated town or village, having a population of one hundred inhabitants or over, within a radius of one' mile from the center, may adopt the provisions of this act. In such cases the county superintendent 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 cf the boundaries of the proposed district, and also the time and place of holding the election. If a majority of the voters of the district or dis- tricts in which said city or town is situated, shall vote for the incorporation 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 delay, publish notices for an election of officers of said corporation. SOUTH DAKOTA SCHOOL LAWS 37 § 175. Whenever a new corporation is authorized and established as provided in Section 174, the county superintendent, the president of the board of education of the district thus organized, and the chairman of the school district superseded by the organization of the new district, shall consti- tute a committee of arbitration for the purpose of adjusting all property inter- ests, liabilities, bonds or other forms of indebtedness between the new corpor- ation and the district or districts superseded by its formation. The title to all real and personal property granted to the new corporation by the committee of arbitration shall be made over, transferred and conveyed to said corporation by the district or districts superseded and in which such property was previously vested, upon order of said committee. And all per- sonal property granted to the said new corporation shall be delivered to the proper officer by those having it in charge, upon demand, accompanied by the order of the committee. And the new corporation shall be liable for and shall assume and pay according to their legal tenor, effect and obligation, all the outstanding debts, liabilities and bonds, and the accrued interest thereon, of the school district or districts superseded by the new corporation, and the same as if said debts, liabilities or bonds, had been incurred or issued by said new corporation, and the law which authorized the superseded district or dis- tricts to incur said liabilities and debts, or to issue said bonds, shall apply to the new corporation the same as if it had originally been authorized to incur or issue, and had incurred and issued said liabilities, debts or bonds. The debts, liabilities, and bonds shall be deemed in law to be those of the new cor- poration, with the same validity for securing and enforcing the payment of principal and interest that they would have against the district or districts that incurred or issued them. That the foregoing provisions shall apply with equal force where the school organization superseded and its officers were a part of the city govern- ment in which the schools were situated. 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 conse- quence of the formation and organization of the district as above provided. That the foregoing amendments shall apply with full force and effect to independent school districts which were organized prior to the passage of this act as if said amendment had been passed and was in force previous to their organization. All issues of bonds by school districts prior to the passage of this act, for the purpose of refunding bonds of the district or city super- seded by the new corporation, and all payments of liabilities and indebtedness of said district or city are hereby made legal to the same extent as though the foregoing amendment had been in force before any proceedings were had for the issue of said bonds or payment of said liabilities and debts. Where any election has been held or other steps have been taken or proceedings had preparatory to the issue of bonds for the purpose of refunding bonds of the district or city superseded by the new corporation, it shall be unnecessary to repeat such election or proceedings already had, but the new corporation may continue the proceedings with the same force and effect as though such elec- tion or proceedings were all had after this amendment goes into effect. § 176. Attachment of Territory] 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, organized for school purposes and adjacent to any school district may be attached to said school district, whether said independent district has been organized by special act or otherwise, under the following conditions: First. Application by written 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. Second. Upon receipt of such petition the county superintendent shall call 38 SOUTH DAKOTA SCHOOL LAWS a committee to decide upon granting or refusing the petition, said committee consisting of himself, the president of the board of education of said independ- ent district, and the chairman of the district board. Third. The committee shall consider the interest of the two corporations concerned, the convenience of the petitioners and the permanent school in- terest, and if they deem it proper, shall grant the petition and issue an order authorizing the attaching of such territory to the independent district or school districts to which it is adjacent, and if to any adjacent district containing a city or town, such order shall specify to what 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 regular meeting determine to what ward or wards such territory shall belong for all school purposes. Fourth. The committee shall also have power to adjust all property in- terests involved in the change 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. Fifth. A record of the decisions 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. Sixth. Such territory shall, from the date of the order authorizing such change, be considered a part of the independent district of the said school district; 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 all such adjacent territory shall be subject to taxa- tion and bear its proportion of expenses incurred in the erection of school buildings and maintaining the schools of such corporation; 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 my apply unless the electors of such territory shall unanimously petition to be thus attached and considered as adjacent territory; Provided, further, that when an independent school district containing an incorporated city or town is situated so near the center of a civil or congres- sional township as to leave a fraction of said civil or congressional township impracticable or inconvenient for school purposes, after attaching adjacent territory to said independent school district to the two miles' limit as pro- vided by law, then in that case the committee provided for in this act may, upon a petition of the majority of the electors of such civil or congressional township attach the surrounding territory and make the independent district to conform to the civil or congressional township line for school purposes only, and in such cases 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 independent district, issue its order attaching such surrounding territory to such independent district as aforesaid and all foregoing 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 be- fore the issuance or going into effect of such order. Seventh. An appeal may be taken from any decision of the committee by any or all the petitioners or by any of the school districts interested, to the circuit court of the county in which the territory proposed to be annexed or detached is situated, upon notice in writing to the other interested parties, that is, to the committee and school boards and boards of education interested and the petitioners, as the case may be, by service upon any member of the committee upon any member of each of the school boards and boards of edu- cation interested, and upon any one of the petitioners and upon filing a bond SOUTH DAKOTA SCHOOL LAWS 39 in the office of the clerk of the circuit court in the sum of two hundred and fifty dollars, with at least two sureties to be approved by the clerk of the circuit court, conditioned that appellant will pay all costs therein that may be ad- judged against him. Proof of the service of said notice of appeal, by affidavit, shall be filed with the clerk of said circuit court; after the filing of the bond for costs and proof of service of the notice of appeal in the office of the clerk of the circuit court, the committee shall within five days transmit to the clerk of the circuit court the petition, and decision of the committee, and all original papers in the matter in controversy. Said committee may be compelled by said circuit court by an order enterd upon motion to transmit such decision and petition and original papers, and may be fined for neglect or refusal to transmit the same. The clerk of the circuit court shall receive and file said papers and docket the same in the manner as on appeals from justice court, and shall receive the same fees therefor. The matter shall be tried anew in the circuit court, and the parties appealing to be designated and be the parties plaintiff, and the other parties interested the parties defendant. The action shall stand for trial at the term of the circurt court next convening after the filing of the bond and notice of appeal in the office of the clerk of the circuit court. No note of issue or notice of trial need be served. The same proceed- ing shall be had as in any civil action, and all judgments, orders, or decisions made therein shall be valid, mandatory, and enforceable as by law provided for judgments or orders in any civil action. § 177. School District a Body Corporate] Every district organized under the provisions of this article shall be a body corporate and shall possess the usual powers of corporation for public school purposes, and may sue and be sued, and be capable of contracting and being contracted with, and of taxing 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 grant 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 it shall have power to hold and convey such personal or real property as it may at any time possess. All actions brought by or against such corporation shall be in the name of the board of education of said inde- pendent district of the county of of the state of South Dakota. § 178. Shall Maintain School not Less than Six nor More than Ten Months] Each corporation organized under this article 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. "§ 179. In all school districts organized under this article there shall be a board of education consisting of five members elected at large by the qualified electors thereof who shall be elected in the year 1908, two for a term of one year, two for a term of two years and one for a term of three years. Every year thereafter there shall be elected each for a term of three years two mem- bers of such board except in years which are divisible by three when one member shall be elected and each shall serve till his successor is elected and qualified. Provided that no member of the city council or board of trustees shall be a member of the board of education." § 180. The school election shall be held on the third Tuesday of June, between the hours of nine o'clock in the forenoon and five o'clock in the af- ternoon of that day, and no longer. Notice of such election shall be given by the clerk of such district, by publication in a newspaper, if one shall be pub- lished within such district, and by posting such notices in five of the most pub- lic places within such district, at least ten days before such election, a list of the officers to be elected to be designated in such notices as well as the place where and the time when such election will be held. At this election there shall be elected members of the board of education as providd herein, and 40 SOUTH DAKOTA SCHOOL LAWS a treasurer of the board of education who shall be elected in the year 1908 and every three years thereafter for a term of three years, and he shall hold his office until his successor is elected and qualified. "§ 181. The board of education shall act as judges and clerk of election therefor, and shall provide a polling place, separate booth for each 150 electors in said corporation. Provided, that in all cities of the first or second class, the board of education shall provide polling places in each ward thereof, and shall appoint a judge and a clerk for each. The returns from said election shall be certified by the officers of each polling place and shall be canvassed and declared by said board of education at their next regular meeting thereof." § 182. Vacancy Filled by Board] 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. 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. § 183. The board of education at its first regular meeting in July of each year following their election shall organize by the election of a president and vice president, each of whom shall serve for a term of one year; and at their regular meeting in July each year 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; the members of the board of education shall receive no com- pensation. Provided that in districts newly organized under this article, 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 meeting. § 184. Oath of Members and Other Officers] Each member of the board of education and officer provided for in this article 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. Section 185. Bond of Clerk and Treasurer] Before entering upon the discharge of his duties, the clerk of the board of education shall give a bond in the sum to be fixed by the board, not less than five hundred dollars, with good and sufficient sureties, to be approved by the 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 faith- ful discharge of his duties as treasurer of such board. The oath and bond of the clerk shall be filed with the treasurer. All other oaths and bonds shall be filed with the clerk, except the bond of the treasurer, which shall be recorded at length by the clerk, and by him filed in the office of the county auditor of the county wherein said independent school district is situated. § 186. Meetings of Board] The regular meetings of the board of educa- tion shall be upon the last Friday of each month, but may in the discretion of the board be on the second Friday also and special meetings may be held from time to time as circumstances may demand. § 187. 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. § 188. Report of Clerk] The clerk of the board of education at the close of each school year shall make an annual report of the condition, financial as well as educational, of all the schools of the corporation, a copy of which shall SOUTH DAKOTA SCHOOL LAWS 41 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. § 189. Report of Treasurer] The treasurer 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. § 190. Graded and High School May be Organized] The board of educa- tion shall have power to organize and maintain a system of graded schools, to establish a high school whenever, in their opinion, the interest of the school corporation demand the same, and to exercise sole control over the schools and school corporation. § 191. 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 cor- poration for the fiscal year next ensuing not exceeding" in any one year twenty- five mills on the dollar on all personal and real property 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 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 w^hich he shall file in his office and the other he shall transmit to the clerk of the board of education. "And such receipt shall show the proportionate amounts belong- ing to the several funds of said board of education, apportioned by the treasurer thereof according to the relative amounts levied by such board for the current year." § 192. Taxable Property] The taxable property of the whole corporation, including the territory attached for school purposes, shall be subject to taxa- tion. § 193. Error in Tax List Corrected] Whenever an error occurs in any school corporation or district tax list, the board of county commissioners may correct and refund such improper collection of school taxes the same as for other county taxes. § 194. Bonds] Whenever it shall become necessary in order to raise suf- ficient funds for the purpose of a school site or sites, to erect suitable building or buildings thereon, or to fund a bonded indebtedness or any outstanding in- debtedness, it shall be lawful for the board of education of every corporation coming under the provisions of this article to borrow money for which they are hereby authorized and empowered to issue bonds bearing a rate of in- terest not exceeding seven per cent per annum, payable annuaUy, or semi-an- nually, at such places as may be mentioned upon the face of said bonds, which bonds shall be payable in not more than twenty years from their date, and the board of education is hereby authorized and empowered to sell such bonds at not less than par. Provided, that no bonds shall be issued until the question shall be sub- mitted to the people and a majority of the qualified electors who shall vote on the question at an election called for that purpose shall have declared by their votes in favor of issuing such bonds. Provided, that the provisions of this section shall not apply to cities of the first class as the same are provided for by article 9 of this chapter. § 195. Election Called by Mayor] 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 officers, in the same corporation (except that returns shall be made to the board of edu- cation) for the purpose of taking the sense of such corporation upon the ques- 42 SOUTH DAKOTA SCHOOL LAWS tion 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 organized for civil govern- ment, the board of education may call and conduct the election provided for in this section. § 196. Bonds Signed by President and Attested by Clerk] The bonds, the issuing of which is provided for in the foregoing section, shall be signed by the president, attested by the clerk, and countersigned by the treasurer of the board of education, and said bonds shall specify 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 dollars, but no corporation shall issue bonds in pursuance of this act in any sum (including other indebtedness) exceeding five per cent of its assessed valuation. § 197. Tax Levy to Pay Bonds and 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 article and also to create a sinking fund for the redemption of said bonds, which it shall levy and collect in addition to the rate per cent authorized by the provisions afore- said 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 ap- propriated in any other way except as hereinafter provided. § 198. Bonds Issued Hereafter] Any school district which shall here- after issue bonds shall at or before the time of so doing 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 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 provisions of this article shall be invested annually by the board of education in bonds of the state of South Dakota or of the United States, or the board may buy and cancel the bonds of the district whenever 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. Wilson vs. Board of Education, 12 S. D. 535. § 199. Interest Coupons] 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 coupon in red ink the word "Paid" and the date of payment, and sign the initials of his name. § 200. School Property Pledged for Indebtedness] The school fund and property 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 article as the same may become due. § 201. Bonds and Warrants Registered] 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 article, 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 payable. § 202. Expenditures of Funds Regulated] No expenditure involving an amount greater than one hundred dollars shall be made except in accordance with the provisions of a written contract, and no contract involving the ex- penditure of more than five hundred 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. § 203. No Sectarian Doctrine] No sectarian doctrine may be taught or inculcated in any of the schools of the corporation, but the Bible, without sec- tarian comment, may be read therein. SOUTH DAKOTA SCHOOL LAWS 43 § 204. Examining Committee in Cities] The board of education in cities of the first and second class at such times as they shall deem expedient, shall elect a superintendent of schools, in no case a member of their own body, whose duty it shall be to have general supervision of the schools of the cor- poration, subject to the rules and regulations of the board, who shall hold his office 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 committee of the board of education. Provided: That the examining committees in cities of the first class shall have the power to examine teachers for their own schools and to issue cer- tificates authorizing persons to teach therein in accordance with rules fixing the conditions for issuance of such certificates as may be adopted by the board of education; and such certificates shall be the sole license required by law to teach in such cities. Provided that the examination papers and certi- fied copies of credentials upon which such certificates were issued shall be kept on file in the office of the clerk of the board of education. The principal or superintendent of schools of all independent districts em- ploying 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, town or other independent district, the same as other teachers of the county are examined except as hereinafter pro- vided, and no city superintendent or principal shall be employed who does not hold a first grade or state certificate or a state diploma. In no case shall any teacher be employed to teach in such schools who does not hold a certifi- cate 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 provisions shall be construed as giving the examining com- mittee of the board of education in cities of the first class, and the superin- tendent or principal of schools of any city or town, or other independent dis- trict, advisory power in the examination of teachers for their respective schools, and they may add such questions as they may deem wise in the examination in order to test the qualifications of teachers for any particular grade or special work. In cities, towns or other independent districts other than cities of the first class the superintendent of schools may endorse his approval upon a teacher's county certificate or he may issue a special statement or certificate in regard thereto. In cities of the first class such endorsement on a teacher's county certificate or such special statement or certificate shall be signed by all or a majority of the examining committee of the board of education and the said statement or certificate with the teacher's county certificate shall be exhibited to the board of education at the time of contracting for a school. Provided, no teacher who holds a state or county certificate under this article 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 attend the county institute, except as hereinbefore provided. § 205. Special Acts Not Repealed] Nothing in this article contained shall be construed as repealing any special act or acts or any portion thereof, cre- ating or relating to any schools in cities or towns or independent school dis- tricts. ARTICLE XII School Libraries § 206. Library Fund Created] The county treasurer shall withhold from the apportionment received from the interest and income fund or other income for the schools of his county annually an amount equal to ten cents per capita 44 SOUTH DAKOTA SCHOOL LAWS for each person of school age, which money shall constitute a library fund and shall be used in the purchase of library books as hereinafter provided. § 207. County Library Board] The county superintendent, county auditor, state's attorney, and all superintendents of city schools, and principals of schools in villages employing more than one teacher, shall constitute the county library board. Annually, between the first clay of July and the first day of September, the county library board shall meet at the call of the county superintendent who shall be chairman of said board, and expend the money, provided for in the preceding section, in the purchase of books selected from the list prepared by the state superintendent. § 208. Librarian] The clerk of the school district shall act as 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 with 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 li- brary board, and shall include in his annual report such library statistics as the state superintendent may require. During the time the school is in ses- sion the library shall be placed in the school house, and the teacher shall act as librarian under the supervision of the district clerk. § 209. Book Cases Shall be Provided] The school board shall provide suitable cases for the books in each school. § 210. Library Circuits] The county library board shall have power to designate library circuits, each composed of not more than ten schools. When one or more library circuits shall have been organized, it shall be the duty of the county superintendent to employ a responsible person to move all the li- braries herein provided for. These removals shall be made in January and July of each year, and in such order as the county superintendent shall direct, and the person making such removal shall receive therefor ten cents per mlie for the distance necessarily traveled in 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, except on presentation of a voucher signed by the county superintendent. "Pro- vided, that the boards of education in cities of the first and second classes, may select such books as they may deem wise and shall forward a list of such books to the chairman of the library board." § 211. Compensation of Members of Library Board] The members of the county library board shall receive no compensation. The expense of post- age, express and freight necessarily incurred by the county board in securing the books shall be a charge upon the library fund provided for in section 206. § 212. Warrants Upon Library Fund] The county treasurer shall pay out money in the library fund upon vouchers signed by the county superintendent and the county auditor. ARTICLE XIII Township High Schools § 213. Election] Upon the petition of not less than fifty freeholders of any civil township filed with the township clerk at least fifteen days preceding the regular election of township supervisors, it shall be the duty of the said clerk to notify the voters of said township that an election for or against a township high school will be held at the said next regular election of township supervisors by posting notices of such election in three public places through- SOUTH DAKOTA SCHOOL HAWS 45 out such township for at least ten days before the election, which notices may be in ihe following form, viz: High School Election Notice is hereby given that on Tuesday, the day of March, A. D. an election will be held at for the purpose of voting for or against the proposition to establish a township high school, for the benefit of the township No range No The polls for said election will be open at and close at o'clock on said day. Township Clerk. § 214. Ballots] The ballots for such election shall be received and can- vassed as in other township elections. § 215. Township Board of Education] If a majority of the voters at such election shall be found to be in favor of establishing a township high school, it shall be the duty of the supervisors of the township to call a special election on any Tuesday within sixty days of the time of the election estab- lishing the township high school for the purpose of electing a township board of education, to consist of three members, to-wit: one director, one clerk, one treasurer; notice of which election shall be given for the same time and in the same manner as provided for in the election of township supervisors. The members elected shall determine by lot at their first meeting the length of term each is to serve. One of the members shall serve for one year, one for two years, and one for three years, from the second Tuesday of July next succeed- ing their election. Successors shall be elected at the same time and place as the regular township elections are held. Whenever a vacancy occurs the county superintendent shall appoint a successor who shall serve until a suc- cessor is elected and qualified. Within thirty days after the election, the mem- bers elect of the township board of education shall qualify by making oath that they will support the constitution of the United States, the constitution of the state of South Dakota, and faithfully discharge the duties of their trust. Each member shall further qualify by giving a bond to the high school town- ship; the director in the penal sum of one hundred dollars, the clerk in the penal sum of two hundred dollars, and the treasurer in such sum as may be fixed by the clerk and director, but not less than double the sum of the moneys as nearly as can be ascertained to come into his hands in any one year. The bonds of the clerk and director shall be signed by at least one surety, and that of the treasurer shall have at least two sureties. The bonds of each officer shall be approved by the other two members of the board. Said bonds shall be conditioned that he will faithfully perform his duties as a member of the township board of education, and account for any moneys or property of such high school township that may come into his hands or care. Said oath shall be in writing and may be taken before any one qualified to administer oaths under the law of the state, and said oaths and bonds of the members of the first board shall be approved by the township clerk. All bonds of the board of education shall be filed with the auditor of the county wherein such high school township is organized. Failure to qualify within thirty days shall ipso facto create a vacancy. § 216. Duties of Township Boards of Education] It shall be the duty of the township board of education to establish at some central point most con- venient to a majority of the pupils of the township a high school for the edu- cation of the more advanced pupils. They shall have charge, direction and management of the high school of the township, and the care, custody and control of all the property belonging to it. They shall assist and co-operate with the teacher or teachers in the government and discipline of the school and may make proper rules and regulations therefor. They may suspend or expel from school any person insubordinate or habitually disobedient; pro- vided that such suspension shall not be for a shorter period than ten days, nor beyond the end of the current term of school. 46 SOUTH DAKOTA SCHOOL LAWS § 217. Union of Two or More Townships] In like manner the voters and supervisors of two or more adjoining townships may co-operate in the estab- lishment and maintenance of a high school on such terms as they may, by written agreement made and signed by the boards of supervisors, enter into. § 218. Discontinuance of a Township High School] When any township or townships shall have organized a high school and wish to discontinue the same, upon petition of not less than a majority of the legal voters of said township or townships, filed with the township clerk or clerks of said town- ship or townships, at least fifteen days preceding the regular election of super- visors, it shall be the duty of said clerks to notify the voters of the township that an election will be held on the day of said regular election of supervisors for the purpose of voting for or against discontinuing the township high school, which notice shall be given in the same manner and for the same length of time, and may be in substantially the same form as the notice provided for in section 213 of this act. § 219. The. ballots for such election shall be received and canvassed in the same manner as provided for in section 214 of this act. If a majority of the votes cast at such election shall be in favor of discontinuing the high school, it shall be the duty of the board of education to discontinue the same, and turn all the assets of said high school into money and deposit the same in the county treasury to the credit of the school funds of the various districts or parts of districts embraced within such high school township or townships, in propor- tion to the assessed valuation of such districts or parts of districts to be used for general school purposes. § 220. Meetings of Board of Education] The regular meetings of the board of education for the transaction of business shall be on the second Tuesday of July, the last Tuesday of November and March, at such hour and place as may be fixed by the board of education; provided that the clerk of the board shall, when requested by the majority of the board call a special meet- ing at any time, by giving written notice to each member of the board at least three days prior to the meeting. § 221. Tax Levy] The board of education shall have power to levy upon the property of the township a tax for high school purposes of not exceeding ten mills on the dollar in any one year, which levy shall be made by resolu- tion of that board at their regular July meeting. The clerk shall immediately thereafter notify in writing the county auditor of the tax so levied. The board of- education shall have power and may direct the removal of the school house to a more convenient location upon the petition of two-thirds of the electors of the entire school township. § 222. Corporate Name and Powers] Every civil township organized for the purpose of establishing a township high school under this act, shall be and is hereby constituted a corporation for high school purposes, under the name of the civil township, the territory of which it comprises, e. g High School Township, and may under its name sue and be sued, contract and be contracted with, purchase, hold and use personal and real property for the purpose mentioned in this act. § 223. School Board as Board of Education] Where the school township system now exists the school township board shall assume the duties of the board of education herein provided for. § 224. Salary of Board] Members of the board of education provided for in section 215 of this act, shall receive a salary of $1.50 per diem for each day actually spent in the interest of the school district; provided, such salary shall not exceed twenty-five dollars per member in any one year. SOUTH DAKOTA SCHOOL LAWS 47 ARTICLE XIV Uniformity of School Text Books § 225. County Board of Education] .The county superintendent of schools, the president of the board of education of all cities or towns, the county auditor, the county state's attorney, the board of county commissioners, their succes- sors in office and one person from each commissioner's district who shall be selected by the members of the school board of such commissioner's district present at a meeting to be called by the county superintendent, shall constitute the county board of education of each county in this state for the purpose of selecting and adopting all the text books needed for use in public schools in the county. The county superintendent of schools shall in all cases be chair- man of the county board of education, and the county auditor, secretary; and a majority of said board shall constitute a quorum for the transaction of busi- ness. § 226. Meeting of County Board of Education] The county board of edu- cation shall meet at the office of the county superintendent of schools of each county of the state on the second Tuesday of June, 1907, and every five years thereafter and select and adopt a complete series of school text books to be used in all the schools of the county; provided, that nothing in this article shall be construed to prevent any county board of education from selecting a series of text books from two or more publishers; provided, further, that the board of education in cities and towns may adopt other or additional books by the same or other authors. The county board of education shall advertise for twenty days in a newspaper published in each county that at a time and place named in said notice said board will receive sealed bids for furnishing school books to the pupils of all public schools in the county as provided in this article for a term of five years. Other necessary books shall be purchased and contracted for at the same time. § 227. Duties in Selecting Text Books] Before selecting and adopting school text books in accordance with the provisions of this article, it shall be the duty of said board of education to take into consideration the books used in the county, and all books submitted by publishers, and most carefully con- sider the price, the type, the material, the binding and other items that go to make up a desirable text book, and no text book shall be adopted whose price is above the contract or wholesale price at which said books were furnished to any other state, county or school corporation in the United States during the year previous to such adoption. The county superintendent shall annually at the close of the year make a report to the county board of education as to the operation of the school book contract. § 228. Notice of Meeting] The county superintendent shall notify each member of the county board of education in writing of the time and place of meeting at least ten days before the date of said meeting, and he shall prepare and furnish such information as shall assist the board in acting for the best interests of the people. § 229. Contract for Books and Designation of Depositories] The board of county commissioners shall contract with the publishers of such books as have been adopted by the county board of education designating the price at which such books shall be furnished to them or to their authorized agents, and they shall designate a depository fOr each school corporation in the county where school books shall be sold to pupils at not more than ten per cent above cost, they shall pay for the books and transportation of the same, so con- tracted for, out of the general fund, on warrants signed by the county auditor and countersigned by the chairman of the board of county commissioners; Provided, that the same depository may be designated for one or more school corporations. 48 SOUTH DAKOTA SCHOOL LAWS § 230. Provisions Contained in Contract] The following shall constitute a part of every contract with publishers as provided in this article, whether contained in such contract or not; whenever the state of South Dakota shall have published a sufficient number of text books used in the public schools of the state, to supply the schools, of any county in the state, upon notice given by the governor to the county auditor of any county this contract shall be void as far as it relates to such book, and the county auditor shall immediately notify the publishers holding such contract. The county commissioners of such county shall forthwith supply all the schools of said county with the books printed by the state. The auditor of said county shall on or before the 11th day of each calendar month send moneys for all state's books sold, to the state treasurer, together with such reports as the governor of the state may direct. § 231. Bond of Depository] The board of county commissioners may require a good and sufficient bond from each depository designated by them as their agent, and such agent shall be required to file a statement with the county auditor on or before the first day of January, April, July, and October, showing the number and kinds of books sold by him, and the number and kinds of books on hand in such depository on the last day of the preceding month, and all moneys due the county by such depository shall be paid into the county treasury at the time of filing such statement. The county auditor shall supply each depository with proper blanks for making such report. § 232. List of Books for Each School] The county board of education shall furnish a printed list of books adopted designating the retail price of each, and supply one or more copies to each school corporation and to each depository designated. The secretary or clerk of each school corporation shall post said price list in each room under his supervision. § 233. Free Text Books] Upon a written petition of a majority of the electors of any school corporation asking that the school books be furnished free to the pupils, it shall be the duty of said board to arrange and furnish the free use of books to the pupils of such corporation under such rules and regu- lations as the school board may determine. § 234. Book Case] Said school board must procure a safe book case in which said books shall be kept whenever it shall have decided to supply its school boOks direct to the pupils, and a careful invoice must be reported at the close of each term by the secretary. The books shall remain the property of the school corporation and can only be used on order of the board. § 235. Books Adopted for Five Years] Books once adopted or contracted for under the provisions of this article, shall not be changed for a period of five years, except as heretofore provided, and on the request of at least two- thirds of the school boards of the county. § 236. Prohibition on Teachers] No school teacher, county or city super- intendent, or member of any county board of education within the state of South Dakota shall be allowed to receive any emolument, cash or otherwise, from any publisher or publishers, of school books, in payment for a vote or a promise to vote for or use their influence for any book or books to be used in the schools under their charge. Neither shall any agent or other person be allowed to give or offer any emolument as heretofore described nor promise of work nor other inducement to any teacher, county or city superintendent, or member of any county board of education, or other board of education for any vote or promise to vote, or to use their influence for any book or books to be used in the school under their charge; Provided, that nothing in this section shall be construed to prevent any school official from receiving a reasonable number of sample copies for inves- tigation, with a view to obtain information as to the book or series of books for which such official shall cast his vote; SOUTH DAKOTA SCHOOL LAWS 49 Provided, further, that nothing in this section shall be construed to pre- vent any teacher from obtaining employment from any publishing house, in schools not under their direct charge. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. Provided, that there shall be exempted from the provisions of this article all school corporations of cities owning and using a system of text books. ARTICLE XV § 237. Plans for School Buildings Approved by State Superintendent] In order that due care may be exercised in the heating, lighting and ventilation of public school buildings hereafter erected, no school house shall be erected by any board of education or school district board in this state until the plans and specifications for the same showing in detail the proper heating, lighting and ventilation of such building shall have been approved by the superintend- ent of public instruction. School houses shall have in each class room at least fifteen square feet of floor space, and not less than two hundred cubic feet of air space per pupil, and shall provide for an approved system of heating and ventilation by means of which each class room shall be supplied with fresh air at the rate of not less than thirty cubic feet per minute for each pupil, and have a system of heating capable of maintaining an average temperature of seventy degrees Fahrenheit during the coldest weather. ARTICLE XVI § 238. Study of Physiology and Hygiene in the Public Schools] In addi- tion to the branches in which instruction is now required by law to be given in all schools supported wholly or in part by public money, instruction shall also be given as to the nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of relative physiology and hygiene. And such subjects shall be taught as thoroughly as arithmetic and geography are taught in said schools. Such instruction shall be given orally to pupils who are not able to read, and shall be given by the use of text books in the case of pupils who are able to read. And such instruction shall be given as aforesaid to all pupils in all public schools in the state. § 239. The text books used for the instruction required to be given by the preceding section shall give about one-fourth of their space to the consid- eration of the nature and effects of alcoholic drinks and narcotics; and the books used in the highest grade of graded schools shall contain at least twenty pages of matters relating to this subject, but no book in which the required amount of this subject shall appear in whole or in part as a separate chapter at the end of the book shall be considered as complying with the re- quirements of this statute. Text books on physiology in use in the schools at the time this act takes effect, which are not in accordance with the require- ments of this section, shall be changed for books satisfying the requirements of this section except when previous contracts as to such text books are now in force. § 240 No certificate shall be granted to any person to teach in the public schools of the state or in any of the educational institutions receiving money from the state, after the first Monday of July, A. D. nineteen hundred six (1906), who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. 50 SOUTH DAKOTA SCHOOL LAWS § 241. And be it enacted, that it shall be the duty of county and city su- perintendents and boards of all educational institutions receiving aid from the state to report to the state superintendent of public instruction any failure or neglect on the part of the boards of school trustees, boards of education and boards of all educational institutions receiving aid from the state to make proper provision, in any and all the schools under their jurisdiction, for instruc- tion in the nature of alcoholic drinks and narcotics and their effect upon the human system, in connection with the several divisions of the subject of rela- tive physiology and hygiene, as required by this act; and such failure on the part of trustees, boards of education and boards of educational institutions re- ceiving money from the state, thus reported or otherwise satisfactorily proved, shall be deemed sufficient cause for which the warrant shall be withheld for the state appropriation of school money to which such district or educational institution would otherwise be entitled. ARTICLE XVII School Corporations § 242. Relating to Independent School Districts] All independent school districts organized as independent school districts by special act or charter, that at the time of organization included within their boundaries an incorpo- rated city, town or village organized by special act or charter, that has subse- quently organized and is now a city under the general law for the government of cities, and such independent school district has continued to act under the special act or charter organizing said independent school district, shall re- organize and be governed by the general law for the government of schools in cities and towns and adjacent territory organized as independent school dis- tricts. § 243. The boundaries of such independent school districts shall remain the same as under the special act or charter unless changed in accordance with the provisions of law for changing the boundaries of such independent school districts. Provided, this act shall not apply to any independent school district, any part of which is in more than one county. § 244. That whenever the city within the boundaries of any such school district is divided into wards, it shall be the duty of the council of said city, on or before the first Monday in April, 1905, to attach to said wards the adjacent territory within said independent school district, and not within the limits of said city, and at the ensuing city election there shall be elected a board of edu- cation as provided for by article eleven of this act. The board of education so elected shall meet and organize on the first Monday succeeding their elec- tion and shall at said meeting determine by lot which of said members shall hold for two years and which for one year. That after said organization said independent school district shall be deemed to be organized under the general law, and the special act or charter organizing said independent school district shall thereafter and thereby be annulled. Provided, that until such annullment, the acts of the officers of said inde- pendent school district are hereby validated and legalized and the reorgani- zation of all cities, towns and villages herein referred to is hereby validated and legalized. § 245. It being one of the purposes of this act to rearrange, collect and codify the laws of the state, relating to public schools, therefore, chapter 22 of the Revised Political Code of 1903, of South Dakota, and chapters 75, 126, 127, 128, 129, 130, 131, 132 and 133 of the Session Laws of 1903; and chapters 68, 99, 100, 102, 103, 158 and 162, of the Session Laws of 1905, and all other acts and parts of acts in conflict with this act, are hereby repealed. SOUTH DAKOTA SCHOOL LAWS 51 CHAPTER 136— SESSION LAWS 1907 (H. B. 136) PROVIDING FOR COMPULSORY EDUCATION FOR INDIAN CHILDREN AN ACT Entitled an Act Compelling the Attendance of Indian Children at Schools When Tuition, Lodging and Board are Furnished at the Expense of the United States. Be it Enacted by the Legislature of the State of South Dakota: § 1. Must Compel Attendance of Indian Child] That whenever the gov- ernment of the United States erects or causes to be erected and maintained, a school for general educational purposes within the state of South Dakota, and the expense of the tuition, lodging, food and clothing of Indian pupils therein is borne by the United States, it shall be compulsory on the part of every parent, guardian, or other person in the state of South Dakota, having control of an Indian child or children between the ages of six and eighteen years, eligible to attend said school, to send such child or children to said school for a period of nine months, or during the annual term, unless such child or children is or are excused from such attendance by the county superintendent of schools of said county in which said child or children reside and a certificate be procured from the county superintendent of schools showing that the bodily or mental condition of such child or children has been and is such as to pre- vent his or her or their attendance at school or application at study for the period required, or that such child or children is or are taught in the public school, private school or other school in such branehes as are usually taught in the public schools; provided, that in case the government of the United States does not make provision for the free transportation of such child or children to and from their homes to said school, then he, she or they shall not be liable to the provisions of this act, unless they reside less than ten miles from such school. § 2. Duty of Principal or Superintendent] It shall be the duty of all principals or superintendents of the school or schools mentioned in this act, before attempting to enforce the provisions of the act, hereinafter mentioned, to serve, or cause to be served, a demand for the attendance of certain children naming them and also designating the school at which their attendance is required, upon the parent, guardian or other person having charge of said child or children as may be eligible to attend said school over which he has charge and a copy of this act on such parent, guardian, or other person having charge of said child or children and such person shall within ten days deliver said child or children at said school or to the principal or superintendent thereof, or furnish satisfactory proof that the bodily or mental condition of said child or children will not admit of attendance. § 3. Failure to Comply With Demand — Duty of Superintendent] If at the expiration of ten days after such notice or demand, the parent, guardian or other person having charge of said child or children shall have failed or refused to comply with this act, the principal or superintendent shall commence pro- ceedings in the name of the state for the recovery of the fine hereinafter pro- vided before any court having jurisdiction. § 4. Penalty] Any parent, guardian or other person having control or charge of any Indian child or children, failing to comply with the provisions of thFs act shall be deemed guilty of a misdemeanor and shall be liable to a fine of not less than ten dollars ($10) nor more than twenty-five dollars ($25), and imprisonment in the county jail for fifteen days for the first offense and not less than twenty-five dollars ($25) nor more than fifty dollars ($50) and imprisonment in the county jail for thirty days for the second offense and each subsequent offense, besides the cost of the action. It is provided further, that in emergency cases proceedings may be begun at the expiration of three days 52 SOUTH DAKOTA SCHOOL LAWS after each refusal of the parent, guardian or other person having charge or control of said child or children to comply with the demand of said principal or superintendent. § 5. Fines — Where Paid] All fines collected under the provisions of this act shall be paid into the county treasury, the same to be placed to the credit of the general school fund. § 6. Duty of Sheriffs and Officers] It shall be the duty of all sheriffs, constables, policemen, town and city marshals in the state to take cognizance of this act and assist principals and superintendents of schools in carrying out its provisions. § 7. Violation — Penalty] Any person or persons who shall directly or in- directly persuade, advise or intimidate in any manner, the parent, guardian or other person having control or charge of any Indian child or children from complying with the demand of a principal or superintendent of a school who is endeavoring to carry out the provisions of this act shall be guilty of the same offense and shall be subject to the same penalty as the parent or guardian; provided, that this section shall not apply to the attorney or legal adviser of any parent or guardian in giving advice in his legal capacity. § 8. Justices of Peace to Have Jurisdiction] Any justice of the peace within the county where the child or children live shall have jurisdiction to try and determine action brought under this act. § 9. Repeal] All acts and parts of acts in conflict with this act are hereby repealed. Approved March 8, 1907. CHAPTER 137— SESSION LAWS 1907 (S. B. 132) PROVIDING FOR COMPULSORY EDUCATION FOR THE DEAF AND BLIND AN ACT Entitled an Act for the Compulsory Education of the Deaf and Blind. Be it Enacted by the Legislature of the State of South Dakota: § 1. Duty of County Judge] Whenever complaint is made by the superintendent of the South Dakota school for the deaf or the South Dakota school for the blind or by any other person before any county judge of the state of South Dakota, that any deaf or blind child of proper age is being de- prived of proper education, by the refusal or neglect of its parents, guardian or custodian, and it shall appear that such deaf or blind child is a resident of the county wherein complaint is made, it shall be the duty of such judge to summon such parents, guardian or custodian before him; and if any material facts are disputed, it shall be the duty of such judge to summon and examine witnesses as to the facts, and if proofs be sufficient to establish the facts set forth in the complaint, or the facts be admitted, said county judge in his dis- cretion shall, after considering the welfare of such child and the welfare of its parents, order such deaf or blind child sent to some public or private school for the education of the deaf or blind as the case may be, but in no case so as to cause any expense to be made against such county except as hereinafter provided. Approved February 23, 1911. § 2. Expense — By Whom Paid] If in the judgment of such county judge the parents, guardian or custodian, are properly chargeable with the expense of transporting such child to such institution and are financially able to SOUTH DAKOTA SCHOOL LAWS 53 do so, then the said county judge shall order and adjudge that the said parents, guardians or custodian shall defray such expense, but if otherwise the expense of such transportation shall be paid from the county poor fund of such county. § 3. Refusal to Obey] Any parent, guardian or custodian of any such deaf or blind child who shall refuse or neglect to obey any order of any such county judge duly made as provided in this act shall be deemed guilty of a contempt of court and subject to the penalties thereof. § 4. Duty of Superintendent of Schools] It shall be the duty of every county, or city superintendent of schools, to send to the superintendent of the school for the blind at Gary, South Dakota, the names of all blind children of proper school age residing in his county or city; and to send to the superintend- ent of the school for the deaf at Sioux Falls, South Dakota, the names of all deaf children of proper age, residing in his county or city, whenever the resi- dence of such defective children within their jurisdiction becomes known to them, and the said superintendents for the respective institutions for the blind and deaf shall take all necessary action to provide that such defective children shall be given the advantages of proper education. § 5. Repeal] All acts and parts of acts in conflict with this act are hereby repealed. Approved March 4, 1907. CHAPTER 138— SESSION LAWS 1907 (H. B. 105) RELATING TO THE CONSTRUCTION AND REPAIR OF PUBLIC OR SCHOOL BUILDINGS AN ACT Entitled an Act for the Protection of the State, County, Municipal Corporations and School Districts and of Persons Furnishing Materials and Labor for the Construction or Repair of Public or School Buildings. Be it Enacted by the Legislature of the State of South Dakota: § 1. Persons May Intervene and Become Parties to an Action — When] That hereafter any person, firm or corporation entering into a formal contract with the state, any county or municipal corporation, school district or inde- pendent school district in the state of South Dakota for the construction of the state any county or municipal corporation school building, or for repairs upon any school building, shall be required, before commencing such work to execute the usual penal bond for the faithful performance of said contract with good and sufficient sureties, with the additional obligation that such con- tractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of work provided for in such contract; and any person, firm or corporation who has furnished labor or materials used in the construction or repair of any school building and pay- ment for which has not been made, shall have the right to intervene and be made a party to any action instituted by such state, county, municipal corpora- tion school district or independent school district on the bond of the con- tractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of such state, county, municipal corporation, school district, or independent school district. If the full amount of the liability of the surety on said bond is insufficient to pay the full amount of such claim and demands, then, after paying the full amount due such state, county, municipal corpora- tion,' school district or independent school district, the remainder shall be dis- tributed pro rata among such intervenors. 54 SOUTH DAKOTA SCHOOL LAWS § 2. Suit May be Brought — When] If no suit should be brought by such state, county, municipal corporation, school district or independent school dis- trict within six months from the completion and final settlement of such con- tract, then the person or persons supplying the contractor with labor and ma- terials shall, upon application therefor, and furnishing affidavit to such state, county, municipal corporation, school district or independent school district, that labor or materials for the prosecution of such work has been supplied, by him or them and payment for which has not been made, be furnished with a certified copy of said contract and bond, upon which he or they shall have a right of action, and shall be, and are hereby, authorized to bring suit in the name of such state, county, municipal corporation, school district or inde- pendent school district in the circuit court in the county in which said contract was to be performed and executed and not elsewhere for his or their use and benefit, against said contractor and his sureties, and to prosecute the same to final judgment and execution; provided, that where suit is instituted by any of such creditor on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final settlement thereof and shall be commenced within one year after the performance and final settlement of said contract, and not later; and provided, further, that where suit is so instituted by a creditor or creditors only one action shall be brought, and any creditor may file his claim in such action, and be made a party thereto within one year from the completion of the work under said con- tract, and not later; and provided, further, that costs shall not be taxed in said suit against such state, county, municipal corporation, school district or inde- pendent school district. If the recovery on the bond should be inadequate to pay the amounts found due all such creditors, judgment shall be given to each creditor pro rata of the amount of the recovery. The surety on such bond may pay into court for distribution among said claimants and creditors the full amount of the sureties' liability, to-wit: the penalty named in the bond, less any amount which said surety may have had to pay to such state, county, municipal corporation, school district or independent school district by reason of the execution of said bond, and upon so doing the surety will be relieved from further liability; provided, further, that in all suits instituted under the provisions of this act such personal notice of the pendency of such suit, in- forming them of their right to intervene, as the court may order shall be given to all known creditors, and in addition thereto such notice shall be given by publication in some newspaper of general circulation, published in the county where the contract is being performed for at least three successive weeks, the last publication to be at least three months before the time limited therefor. Approved March 4, 1907. CHAPTER 187— SESSION LAWS 1907 * (H. B. 267) AUTHORIZING APPROPRIATION OF MONEY FOR EXPENSES IN OBSHRV- ANCE OF MEMORIAL DAY AN ACT Entitled an Act Authorizing City Councils and School Boards and County Commissioners to Make Appropriations to Defray the Necessary Expenses Incident to the Observance of Memorial Day. Be it Enacted by the Legislature of the State of South Dakota: § 1. Appropriation Authorized] That the city councils of all cities within this state, the school boards of all cities within this state, and trustees and school boards of all towns and villages, and the county commissioners of all counties within this state, are hereby authorized and empowered in their dis- SOUTH DAKOTA SCHOOL LAWS 55 cretion, to appropriate funds for the purpose of defraying the necessary ex- penses of a proper observance of Memorial Day each year. § 2. Emergency] There being no law on this subject an emergency is deemed to exist, and this act shall take effect from and after its passage and approval. Approved March 7, 1907. CHAPTER 19— SESSION LAWS 1909 (H. B. 8) AN ACT Requiring Instruction of Vocal Music in the State Normals and Public Schools. Be It Enacted by the Legislature of the State of South Dakota: § 1. The elements of vocal music, including, when practical, singing of simple music by note, shall be taught in all of the public schools of South Dakota. § 2. Music shall be taught by instruction in all of the state normal schools and the minimum requirement of graduates from such schools must be at least two hours per week for one school year. § 3. In all graded schools the word "graded" is intended to mean all schools having two or more grades, instruction in music shall be given by an instructor qualified to teach the rudiments of music. The instructor may be a teacher of one of the departments who is qualified to teach this subject. § 4. In the country schools conducted by a single teacher, the elements of music notation by vocal and blackboard drill in connection with the teaching of simple songs, shall be taught. But no teacher shall be refused a certificate or the grade of his certificate lowered on account of his lack of ability to in- instruct or sing. § 5. It shall be the duty of the county superintendent to have taught annually in the normal institute the elements of vocal music by some compe- tent person for at least twenty minutes of each day. Approved February 13, 1909. CHAPTER 62— SESSION LAWS 1909 (H. B. 174) AN ACT Relating to School District Boundaries in Cases Where Cities, Towns or Villages, Now Organized Under Special Charter, May Reorganize Under the General Law. Be It Enacted by the Legislature of the State of South Dakota: § 1. In all cases where any city, town or village, now organized and existing under and by virtue of any special charter, may adopt the provisions of the general law relating to cities, towns or villages and reorganize under the same, such reorganization shall in no way limit or effect existing bounda- ries of any school district of which district such reorganized city, town or 56 SOUTH DAKOTA SCHOOL LAWS village may form a part, and shall in no way affect existing laws controlling or regulating such school district. § 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. § 3. An emergency being deem e d to exist, this act shall take effect and be in force from and after its passage and approval. Approved February 20, 1909. CHAPTER 87— SESSION LAWS 1909 (H. B. 219) AN ACT Entitled, An Act Fixing the Limit of the Rate of Taxation in School Districts Having Within Their Boundaries Incorporated Cities. Be It Enacted by the Legislature of the State of South Dakota: § 1. The limit of the rate of taxation in each school district having its boundary an incorporated city shall be the same as is now provided by law for cities, towns and adjacent territory organized as independent districts. § 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved February 25, 1909. CHAPTER 114 — SESSION LAWS 1909 (H. B. 155) AN ACT Entitled: An Act to Permit Certain Public School Houses to be Used for Public Meetings. Be It Enacted by the Legislature of the State of South Dakota: § 1. That the public school houses in the state of South Dakota, outside of cities and towns, may hereafter be used for public meetings, including singing, literary societies, political and other meetings of moral purposes; provided, such use shall be entirely without expense to the school district having control of such school house for heat and light and care of same; and provided further, that any person or persons or public body so using any such school house shall be responsible to such school district for any and all dam- age that may be caused to such school house or any fixture or furniture there- in by reason of such use or occupancy as aforesaid. § 2. If any person residing within the district wishes to secure the school house for any meeting or meetings, such as are enumerated above, and makes application to the chairman of the school board or other school officer having custody of the school house in said district, it shall be the duty of said chairman or school officer having custody to grant permission for such meeting or meetings; provided, such meeting or meetings shall in no way in- terfere with the school that may be in session at the time. Provided, further, such chairman or other school officer having custody of such school house may refuse such applicant if the school house has been previously engaged for any similar meeting covering the same period of time. § 3. All acts or parts of acts in conflict with this act are hereby repealed. Approved February 27, 1909. SOUTH DAKOTA SCHOOL LAWS 57 CHAPTER 142— SESSION LAWS 1911 (H. B. 92) AN ACT Providing for the Naming of Common School Districts. Be It Enacted by the Legislature of the State of South Dakota: § 1. Each common school district in this state may choose a name and record the same in a book to be kept for the purpose in the office of the county superintendent of schools, of the county wherein such district is located; Pro- vided, that such county superintendent shall refuse to record as the name of any district, a name which has been previously chosen and recorded by an- other district in the same county. The respective school districts are hereby empowered to contract in and sue and be sued by the name so chosen and re- corded. Approved February 27, 1911. CHAPTER 242— SESSION LAWS 1909 (S. B. 326) AN ACT to Empower County Commissioners and County Superintendents to Create School Districts Out of Congressional Townships Where Two- thirds of Electors of Said Congressional Townships Petition Therefor. Be It Enacted by the Legislature of the State of South Dakota: 1. Wherever two-thirds of the qualified electors of any congressional township in this state which is now a part of some school district comprising more than one such congressional township shall petition the board of county commissioners of their county to create a separate school district comprised of their congressional township and have filed such petition with the county auditor, it shall be the duty of said board of county commissioners, together with the county superintendent of schools of said county, at the first regular or special meeting of said board of county commissioners, to declare said congressional township a separate school district, and the county superin- tendent shall appoint the necessary officers as provided in Section 90, Article 5, Chapter 135, Session Laws of 1907, who shall hold office until the election. Provided, that no such district sha!l be formed, if by forming such school township district any territory, heretofore belonging to such former district shall be left without reasonable school privileges, or in such shape as to ren- der it impracticable for district purposes. Any property interests of the dis- trict affected by the provisions of this act shall be adjusted in accordance with the provisions of Section 69 of Chapter 135 of the Session Laws of 1907. Approved March 8, 1909. CHAPTER 133— SESSION LAWS 1911 (H. B. 378) AN ACT Entitled an Act Prescribing Election Procedure in Cities, Towns, and Adjacent Territory, Organized as Independent School Districts. Be It Enacted by the Legislature of the State of South Dakota: § 1. Notice of Election] Not less than ten days before any annual or other school election, the secretary of the board shall cause notices to be post- 58 SOUTH DAKOTA SCHOOL LAWS ed in public places! distributed throughout the district and shall state therein the officers to be elected, with terms of each, and questions to be submitted at such election. Such notices shall also be published in some newspaper at least three times, beginning not less than ten days prior to said election. At this election there shall be elected members of the board of education,, as provided by law, and a treasurer of the board of education, who shall be elected in the year 1911 and every three years thereafter for a term of three years, and he shall hold his office until his successor is elected and qualified. § 2. Nominations for School Offices] Candidates for school offices shall be nominated by filing with the secretary of the board of education not earlier than the fifteenth day of May nor later than the first day of June, certificates of nomination for the office to be fired. Such certificates shall be in writing, shall contain the name of the candidate, his residence, business address and the office for which he is named, and must be signed by twenty or more quali- fied electors of the school district. Each elector signing a certificate of nomination! shall add to his signature his place of residence, his business and his postoffice address, and shall de- clare that he has not joined in nominating any other person for the office to be filled. Such signatures need not all be appended to one paper. No certificate of nomination sha"l contain the name of more than one candidate for any of- fice to be filled, but each elector may sign as many certificates as there are officers to be elected for a particular term of office. § 3. No Party Designation] In order to separate party politics so far as possible from school affairs, no descriptive word, words, or symbol to desig- nate the party or principle of any nominee, shall appear on the certificate of nomination, or be used or printed on the ballot. § 4. Withdrawal from Nomination] Any person whose name has been filed as a candidate may cause his name to be withdrawn from nomination by request in writing signed by himself and properly acknowledged and filed with the secretary of the board at least five days prior to the day of election; and no name so withdrawn shall be printed on the ballots to be used. § 5. Publication of Nominees] The secretary shall cause to be published in one or more newspapers, published in the county, at least four days before the day of election, all nominations certified to him under the provisions of this article. § 6. Ballots, Etc.] The secretary shall provide proper ballots similar in form to those authorized by law for municipal elections, except as to party af- filiation, on which shall be printed the names of the candidates for the respec- tive offices, each being given a position for each office in the order of the prior- ity of the filing of their nominating certificates. The secretary shall provide the voting booths required by law in each polling place and such supplier, poll books, stationery, etc., as may be necessary. § 7. Conduct of Election] Polling places shall be provided with separ- ate booths for each 150 electors, and boards of education in cities of the first and second class and in cities under commission, shall provide polling places in each ward thereof for all electors residing within the limits from which the children are required to attend at said schoolhouse, and two judges and one clerk shall be appointed by the board of education, who sha 1 ! conduct said election in accordance with the general election laws of the state as applied to municipal elections, except as provided in this article. Provided, that if the legal candidates' do not exceed in number the offices to be filled, the board of education may designate a less number of polling places at their discretion. SOUTH DAKOTA SCHOOL LAWS 59 The polls shall be kept open between the hours of 12 o'clock noon and 5 o'clock in the afternoon and no longer. The compensation of the officers of election shall be fixed by the board and paid from the district treasury. § 8. Returns of Election] The returns from said election shall be certi- fied by the officers in each polling place, and the ballots, properly sealed in ballot boxes, together with the poll books, shall be placed forthwith in the cus- tody of the secretary of the board, who shall keep said ballot boxes inviolate for at least thirty days after the canvass of the returns. § 9. Canvass of Returns] The results of said election shall be can- vassed and declared by the board of education at the next regular meeting thereof, and certificates of election shall be issued by the secretary of the board to the successful candidates. §' 10. All acts and parts of acts in conflict with the provisions of this act, be and the same are hereby repealed. Approved March 3, 1911. CHAPTER 191— SESSION LAWS 1913 (S. B. 366) REQUIRING BOARDS OF EDUCATION TO PUBLISH FINANCIAL STATE- MENTS AN ACT Entitled, An Act to Amend Chapter 135 of the Session Laws of 1911 Requiring Boards of Education in all School Districts Organized Under Special Charters, all School Districts Organized as Independent Districts to Publish a Statement of Receipts and Expenditures and of the Financial Condition of such Districts. Be it Enacted by the Legislature of the State of South Dakota: § 1. That Chapter 135 of the Session Laws of 1911 be amended to read as follows: Chapter 135. The board of education of every school district organized under special charter and of all school districts organized as independent dis- tricts in all incorporated towns and cities are hereby required to publish in a newspaper of general circulation in said school district, if there be a news- paper published in said district, and if there be no newspaper published in said district, then to post in three public places in said district, a condensed statement of the receipts and expenditures of said district within twenty days after the end of the fiscal year. Such statement shall be published annually in two consecutive issues of such newspaper, and the cost of such publication shall be paid for out of the general fund of said district. § 2. All acts and parts of acts in conflict with this act are hereby repealed. Approved March 12, 1913. CHAPTER 187— SESSION LAWS 1913 (S. B. 101) PROVIDING FOR ADMISSION OF PUPILS TO THE SCHOOL FOR THE BLIND AN ACT Entitled, An Act to Provide for Admission of Pupils to the School for the Blind, at Gary, South Dakota, and Repealing Sections 571, 572, 573 and 574 of the Political Code of Revised Code of 1903 of South Dakota. Be it Enacted by the Legislature of the State of South Dakota: § 1. Whenever it shall come to the notice or knowledge of the county superintendent of schools of any county in this state, that any person resid- ing in such county, between the ages of six and thirty years, by reason of 60 SOUTH DAKOTA SCHOOL LAWS blindness, either partial or total, has not received and is unable to receive the full benefits of the public schools, and is not regularly attending a school for the blind, and has not received a full course of instruction in any institu- tion for the blind and is in need of such instruction, it shall be the duty of such county superintendent of schools to forthwith notify and require the parent, guardian or custodian of such person to send such person, forthwith, to the South Dakota school for the blind; and in case such parent, guardian or custodian shall, for the space of ten days after such notice, refuse or neglect to send such person to said school for the blind, such county superintendent of schools shall make complaint before the county judge of such county, setting forth the age and place of residence of such person and that such blind or par- tially blind person is being deprived of an education by the refusal or neglect of his or her parent, guardian or custodian, and thereupon such county judge shall investigate such matter and make such order and take such proceedings as are or may hereafter be provided by law. § 2. All persons, residents of this state, between the ages of six and thirty years, who, by reason of blindness, either partial or total, have not re- ceived and are unable to receive the full benefits of the public schools, and who shall be capable of receiving instruction, and who are free from contagious or chronic diseases, and physically fit to attend such school shall, upon ap- plication to the superintendent of the South Dakota school for the blind, be received and taught free of charge, at such school and shall be entitled to re- ceive an education of at least ten years at the expense of the state of South Dakota at the said institution for the support and education of the blind if within the age limit prescribed in this section; and the time that any pupil or pupils shall have spent in any institution for the education of the blind shall be deducted from the ten years above specified; provided, however, that all pupils shall, in any event, be entitled to such support and education until they shall have arrived at the age of eighteen years. And pupils under the age of six years or over the age of thirty years may, when circumstances war- rant or require it, with the approval of a majority of the state board having control of said school, be received and taught therein as herein provided. Like pupils may be received from without the state upon payment to the superin- tendent of such school for the blind, for the use and benefit of such school, of such charges for board, tuition and care, as shall be fixed by the state board having control of such institution; but no pupil from without the state shall be received to the exclusion of any pupil resident of this state from any of the privileges or benefits of the school. If, in the judgment of the state board having control of said institution, upon recommendation of the superin- tendent of the said school a pupil is capable and by reason of general fitness is qualified to receive advanced instruction for the purpose of fitting such pupil to enter a college or higher institution for the blind such pupil shall be entitled to attend said school for a term not to exceed three years, in addi- tion to the term hereinbefore specified, and the age of such pupil shall not disqualify him or her from receiving such additional instruction preparatory to entrance to a college or higher institution for the blind. All pupils shall freely and equally enjoy all the benefits and privileges of the school, and have the use of the library and books of instruction, and receive tuition, board, washing, lodging, attendance, medical care, etc., without preference or distinc- tion. All pupils shall be treated with the most considerate regard for their misfortune, and always with kindness and humanity, and the board shall care- fully enforce this provision. It shall be the duty of the person sending such blind or partially blind person to such school, to thereupon pay the superintendent of such school an amount of money sufficient to purchase for such pupil a return ticket to its home, and also to deposit with said superintendent the sum of ten dollars ad- ditional, which may be used by such superintendent in the purchase of neces- sary clothing and in defraying other incidental expenses of such pupil; and at SOUTH DAKOTA SCHOOL LAWS 61 the close of the school year, or whenever such pupil ceases to attend such school, it shall be the duty of such superintendent to furnish such pupil a return ticket, and to return the unexpended balance of such deposit, together with an itemized statement showing all moneys expended by such superintend- ent for clothing or incidental expenses of such pupil, as aforesaid. In case the parent, guardian or custodian of such blind or partially blind person, residing in this state, shall be unable to pay the railroad fare of such person and make the deposit hereinbefore provided for, it shall be the duty of the board of county commissioners of the county in which such person resides to advance and pay such railroad fare and such deposit, upon requisition of the superintendent of said school for the blind, approved by the state board having control of said institution. § 3. Sections 571, 572, 573 and 574 of the Political Code of the Revised Codes of 1903 of this state, and all acts and parts of acts in conflict with the provisions of this act, are hereby repealed. § 4. An emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage and approval. Approved February 21, 1913. CHAPTER 188— SESSION LAWS 1913 (H. B. 119) RELATING TO COUNTY SUPERINTENDENTS AN ACT Entitled, An Act Authorizing the County Superintendent to Conduct Agricultural and Other Industrial Contests Among the Pupils of the Public Schools, and to Provide for the Payment of the Expenses of Conducting Such Contests. Be it Enacted by the Legislature of the State of South Dakota: § 1. Power Given to County Superintendent] The county superintendent is hereby authorized to conduct a contest in agriculture, in industrial arts, or in home economics among the pupils enrolled in the public schools under his direct supervision. § 2. Annual Exhibit and Program] Whenever a county superintendent shall have instituted any such contest, he shall thereafter, on such date as he may designate, hold an annual exhibit to show the results of the work of the participants. At the annual exhibit an educational program shall be rendered, which shall include instruction upon matters pertaining to the contest. § 3. Authority to Appropriate Given to County Commissioners] The county commissioners of any county wherein the county superintendent has organized a contest among the pupils of the public schools, as provided for in this act, are hereby authorized to appropriate from the county general fund the sum of two hundred dollars ($200), at the first regular meeting of the county commissioners, after having been notified by the county superintendent that a contest has been instituted; provided that any part of said appropria- tion remaining unused on January first next succeeding the appropriation shall revert to the county general fund. § 4. Limitation of Expenditures] The expenditures permissible in con- nection with a contest shall be limited to the awarding of prizes, the renting of a hall or room for the annual exhibit, the furnishing of material to pupils for carrying on the work of the contest, the employing of lecturers for the program and expert assistants for judging the exhibit, and other necessary in- cidental expenses. 62 SOUTH DAKOTA SCHOOL LAWS § 5. Payment of Expenditures] The county commissioners shall pay the expenditures of said contest, as limited in section 4 of this act and in a sum not exceeding two hundred dollars ($200), upon having filed with them item- ized vouchers certified to by the county superintendent. § 6. The County Superintendent to Make Report to the County Auditor] At the close of any contest conducted by the county superintendent in accord- ance with the provisions of this act, he shall make a written report to the county auditor, which shall show the nature of the contest or contests, the program rendered, the enrollment of pupils, to whom prizes were awarded, and the amount of each prize. He shall also file with the county auditor a certified and itemized statement of the expenses of the contest. Approved March 3, 1913. CHAPTER 189— SESSION LAWS 1913 (H. B. 93) PROVIDING FOR PLACING U. S. FLAGS ON PUBLIC SCHOOL HOUSES 4 AN ACT to Provide for Placing United States Flags on Public School Houses. Be it Enacted by the Legislature of the State of South Dakota: § 1. That the boards of education of cities of the first class, boards of education of independent school districts and the district school board of other school districts in the state of South Dakota shall have power to cause to be erected and kept in repair upon all the public school houses or upon the school grounds surrounding such public school buildings, which may be in their re^ spective district, a good and sufficient flag-staff, or pole, together with all nec- essary adjustments, and that they shall provide a United States flag of not less than three by five feet, which shall be floated from such flag-staff or pole during the school hours of such days as the board of such district may deter- mine. Provided, that the flag shall not be hoisted during any day when a vio- lent storm or inclement weather would destroy or materially injure such flag. § 2. The flag used as provided for in this act, shall be paid for out of the funds appropriated for the running expenses of said public schools, the same as other necessary supplies are paid for, and the flags for use over public school buildings are hereby declared to be necessary supplies, and may be paid for out of the funds of the respective school districts. Approved February 18, 1913. CHAPTER 190— SESSION LAWS 1913 (S. B. 202) AUTHORIZING CERTAIN SCHOOL CORPORATIONS TO PURCHASE AG- RICULTURAL LANDS AN ACT Authorizing Certain School Corporations to Purchase Agricultural Lands to be Used in Connection With the Teaching of Agriculture. Be it Enacted by the Legislature of the State of South Dakota: § 1. Whenever any city of the first class, any independent school dis- trict, or any school district shall have made provision for the giving of sys- tematic instruction in agriculture in the schools of such city, independent SOUTH DAKOTA SCHOOL LAWS 63 school district, or school district, such city, independent school district or school district may purchase and hold agricultural lands, to be used in con- nection with the giving of agricultural instruction in the schools of such school corporation. And the board of education of any such school corporation may expend moneys from the general fund of the corporation for the purchase of such lands. Provided, that no such school corporation shall purchase for such purposes more than ten acres of agricultural land, and that no board of edu- cation shall expend for the purchase of such lands any sum in excess of three dollars ($3.00) for each person of school age enumerated on the school census of such corporation for the year next preceding that in which the expenditure is made. Provided, further, that in no case shall any school corporation be authorized to purchase land to value in excess of twenty-five hundred ($2,500.00) dollars. Approved March 14, 1913. CHAPTER 192— SESSION LAWS 1913 (H. B. 451) PROVIDING FOR PAYMENT OF TUITION AND TRANSPORTATION OF SCHOOL CHILDREN IN CERTAIN CASES AN ACT Entitled, An Act to Provide for the Payment of Tuition and Trans- portation of Children of School Age Who Reside in Territory not Organ- ized into a School District. Be it Enacted by the Legislature of the State of South Dakota: § 1. Whenever children of school age reside in territory not organized into a school district, it shall be the duty of the county commissioners to pro- vide for the education of such children by making provision for the payment of their tuition in, and transportation to some school in an organized school district. Provided, that the board of county commissioners may, in lieu of providing for transportation, expend a reasonable amount for room and board of said pupils, whose attendance at school can be provided for, by such means more economically and satisfactorily. Approved March 13, 1913. CHAPTER 194— SESSION LAWS 1913 (H. B. 169) RELATING TO COMMON SCHOOLS AN ACT Entitled, An Act to Increase the Efficiency of the Common School System of This State and to Promote Instruction in the Elements of Ag- riculture and Home Economics and Prescribing the Method of Procedure in Organizing Such Districts. Be it Enacted by the Legislature of the State of South Dakota: § 1. For the purpose of promoting a better condition in rural schools and to encourage industrial training, including the elements of agriculture, manual 64 SOUTH DAKOTA SCHOOL LAWS training and home economics, two or more school districts of any kind may consolidate by the formation of a new district. An existing district may or- ganize as a consolidated district; a portion of an existing district may or- ganize as a consolidated district, or may consolidate with one or more other existing districts or with part or parts of same by the formation of a new dis- trict. § 2. Before any steps are taken in organizing a consolidated school dis- trict, the superintendent of the county in which the major portion of territory is situated from which it is proposed to form a consolidated school district, shall cause a plat to be made showing the size and boundaries of the new dis- trict, the location of the school houses in the several districts, the location of other adjoining school district and of school houses therein, the location of transportation routes, together with such other information as may be of es- sential value, and submit the same to the superintendent of public instruction, who shall approve, modify or reject the plan so proposed, and certify his con- clusions to the county superintendent of schools. § 3. After approval by the superintendent of public instruction of the plan for the formation of a consolidated school district, and upon presentation to the county superintendent of a petition signed and acknowledged by at least twenty-five (25) per cent of the electors of each district affected qualified to vote at school meetings, asking for the formation of a consolidated school district in accordance with the plan approved by the superintendent of public instruction, the county superintendent shall within ten (10) days cause ten (10) days' posted notice to be given in each district affected, and one weeks' published notice if there be a newspaper in such district, of an election or special meeting to be held within the proposed district at a time and place specified in such notice to the voters, upon the question of consolidation. At such meeting the electors, not less than twenty (20) being present, shall elect from their number a chairman and clerk who shall be the officers of the meet- ing. The chairman shall appoint two tellers and the meeting or election shall be conducted as are the regular annual school meetings. The vote of such election or meeting shall be by ballot, which shall read "For Consolidation" or "Against Consolidation." The officers of such meeting or election shall within ten (10) days certify the result of the vote to the superintendent of the county in which such district mainly lies. If three-fourths (%) or more of the votes cast are for consolidation, the county superintendent within ten (10) days thereafter shall make proper orders to give effect to such vote and shall thereafter transmit a copy thereof to the auditor of each county in which any portion of each district affected lies, and to the clerk of each district affected, and also to the superintendent of public instruction. If the order be for the formation of a new district it shall specify the number of such district. The county superintendent shall also cause ten (10) days' posted notice and one week's published notice if there be a newspaper published in such district, to be given of a meeting to elect five members of the board of education and a treasurer of the newly formed consolidated school district. Provided, that a consolidated district shall upon its formation, become an independent district with the powers, privileges and duties now conferred by law upon independent districts. § 4. Nothing in this act shall be construed to transfer the liabilities of existing bonded indebtedness from the district or territory against which it was originally incurred. The officers of the district or several districts form- ing a consolidated school district shall, within ten (10) days from receipt of copy of the order of the county superintendent certifying to the formation of the new district or immediately after the election and qualification of the members of the board of education of the consolidated school district, turn over to the proper officers of the newly elected board of education all records, funds, credits and effects of their several districts. SOUTH DAKOTA SCHOOL LAWS 65 § 5. It shall be the duty of the superintendent of public instruction with respect to schools in consolidated districts, to approve plans and sites of build- ings and their equipment and the equipment of the premises; to prepare sug- gestive courses of study, including an industrial course; and through such su- pervisor as he may appoint, and in connection with the county superintendent, exercise supervision over said consolidated school. § 6. The board of education of a consolidated school district is author- ized to provide for the transportation of pupils and it shall be the duty of the board to provide and maintain means of transportation for all such pupils as live a greater distance than two (2) miles from the school. Such transporta- tion, whether provided by the board or by parents under an arrangement with the board, shall be in a comfortable and safe conveyance, the drivers of such conveyance shall furnish a safe team therefor, and shall use every care for the safety of the children under their charge, and shall maintain discipline in such conveyance. In lieu of providing transportation, the board may make arrangements with the parent, guardian or other person to transport such children as may live more than two miles from the school, providing that such parent, guardian or other person shall provide for the transportation of the children a comfortable and convenient bus or wagon, well supplied with protection against inclement weather, and shall actually transport or provide for the transportation of such children to the school for at least seven months of each school year. Be it also understood that in cases where it is practicable, conveyance by interurban, steam railway or automobile shall be equivalent for transportation or conveyance by team. Provided, that the board of education shall have authority under this act to designate and establish routes for the transportation of children and to des- ignate points within convenient and easy access to the several homes of the children entitled to transportation where the conveyance shall stop and take such children on in the morning and put them off in the evening, but no such point designated as a place to take on any child entitled to such trans- portation shall be more than five-eights (%) of a mile from the home of such child. Provided further, that the board may in lieu of providing for trans- portation, expend a reasonable amount for room and board of pupils whose attendance at school can more economically and satisfactorily be provided for by such means. § 7. In case of the formation of a new consolidated district comprising territory hitherto not included in any school district, like proceedings shall be had, within ten (10) days after the organization of such consolidated dis- trict, and in all cases of change of boundary or consolidation of districts, the title to the school house sites and other school property shall vest in the dis- trict in which such porperty is included after such change or consolidation; and in case of consolidation, the officers of the old districts shall continue to exercise their duties until the officers of the new district qualify. § 8. The title of any school district organized under this act shall be » Independent Consolidated District Number of County, South Dakota;" and it shall in all respects be governed by the laws governing independent districts. § 9. Authority is hereby expressly given to the school board of any dis- trict which may be hereafter organized under the provisions of this act to purchase any land which may be necessary to provide the demonstration plat necessary to met the requirements of this act, and the same shall be and be- come the property of said district forever; Provided, that in case it is neces- sary to expend more than two hundred dollars for the purchase of said addi- tional lands, the question of purchasing said lands shall be first submitted to a vote of the voters of said district, and if a majority of the voters voting at any regular meeting of said district or at any special meeting of said district called according to law for that purpose shall vote in favor of buying the ad- ditional land, the said school board shall at once proceed to purchase the same. Approved March 14, 1913. 66 SOUTH DAKOTA SCHOOL LAWS CONSTITUTIONAL PROVISIONS § 1. Art. VIII. The stability of a republican form of government depend- ing on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools, wherein tuition shall be without charge, and equally open to all, and to adopt all suitable means to secure to the people the advantages and oppor- tunities of education. § 15. Art. VIII. The legislature shall make such provisions by general taxation and by authorizing the school corporation to levy such additional taxes, as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout 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, conveyance, gifts or bequest of lands, money or other property to be used for sectarian purposes, and no sec- tarian 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 profits of any books, appa- ratus or furniture used or to be used in any school in this state, under such penalties as shall be provided by law. § 9. Art. VII. Any woman having the qualifications enumerated in sec- tion 1 of this article, as to age, residence 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. SOUTH DAKOTA SCHOOL LAWS 67 INDEX DEPARTMENT OF PUBLIC INSTRUCTION c* x • • Page State supervision 1 Superintendent — duties of 1 Examinations 2 State certificates and life diplomas 2 Life diploma 2 State certificate 3 Renewal, validation and revocation 3 Fees for state certificates and life diplomas. . . . 3 Teachers' reading circle board of managers 4 Office provided 4 Deputy superintendent 4 Salary 4 COUNTY SUPERVISION Election of superintendent 4 Eligibility 4 Qualification 5 Vacancy — how filled 5 Deputy county superintendent 5 Prohibition from holding other offices 5 Salary of 5 Traveling expenses , 5 Provide office 6 Duties of county superintendent 6 Shall visit schools 6 Shall keep record of official acts 6 Shall encourage institutes 7 District institutes 7 Teachers' reading circle 7 County normal institutes 7 Joint institutes 7 District officers' meetings , 8 Examination of officers' accounts 8 Medium of communication 8 Superintendent power to administer oaths 8 Power to close school 8 Census 8 Apportionment of school money 9 County general school fund 9 Annual report of state superintendent 9 Failure of district officers to report 9 To give advice Teachers' certificates 9 First grade certificates 10 Second grade 1JJ Third grade J|J Primary certificates 10 Regulations for holding examinations 11 Time of examinations 11 Teachers to draw pay 11 Special certificates 11 Prohibition on teaching 11 Revocation of certificate n SCHOOL CORPORATIONS School corporations || Division of districts 1 \ Formation of township districts \% Election of new officers ijj Name of school corporation |» Change of boundaries \\ School district a corporation l * 68 SOUTH DAKOTA SCHOOL LAWS Page Judgment 14 Justices to have jurisdiction , 14 Fines — how collected 14 Plat must be furnished superintendent of public instruction 14 DISTRICT SCHOOL BOARD Election of 14 Annual election 15 Qualification 15 Failure to qualify 15 Oath and bond lfi Bond of clerk , 16 Additional bonds 16 Where filed 17 Temporary officers . . . 17 Vacancies 17 Incapacity of officer 17 Meetings of board 17 Special meetings 17 Chairman — duties of 17 Clerk — duties of 17-18 School census 18 Must be sent to commissioner of school and public lands 18 Treasurer — duties of 19 Manner of drawing warrants 19 Salary of school officers 19 Prohibition on school officers 20 Powers and duties of district school board 20 Transportation of pupils 20 Water closets 20 Teacher may be dismissed 21 Pupils from other districts 21 May discontinue school 21 Appeal against closing 21 Appeal — general 22 Appeals to supreme court 22 Shall assist teacher 22 Tax levy. . . 22 Removal of school house 23 Annual meeting of board 23 Purchase and sale of school property 23 Acquiring school sites 23 Assessors shall furnish list of property to clerks 24 Tax levy for general fund 24 Treasurer's settlement with board. 24 False report — penalty , 24 Failure to report 24 Notice of tax levy to county auditor 25 Accounts — how kept 25 Reports subject to approval of county superintendent 26 Books and reports open to inspection 26 Majority of board have authority 26 Cultivation and protection of trees on grounds 26 TEACHERS AND SCHOOLS School year, month and day defined , 26 Employment of teachers 26-27 Teachers to give notice on beginning school 28 Branches to be taught 28 Board shall provide register 28 Teacher shall make term report , 28 Disturbance of public school 28 Defacement of school property 29 Ethical instruction 29 Humane treatment of animals to be taught 29 Board shall provide dictionary 29 Prohibition on binding contracts 29 Tuition for eighth grade graduates 29 Compulsory education 30-31 SOUTH DAKOTA SCHOOL LAWS 69 SCHOOL BONDS Page Bonds may be issued 31 Denomination of 32 Form of 32 Bond tax levy 32 Sale of bonds 33 Bonds lien on property 33 Cancellation of bonds 33 Building- of school house 33 Bonds executed now in excess of statute 33 Certificate of county auditor 34 Bonds by boards of education in cities of the first class 34 Election — polling- places — ballots 34-35 Canvassing board 35 Rate of interest and signature of officers on bonds 35 Sale of bonds 35 Bond issue — limit of tax levy to pay 35 Interest coupons 36 Property pledged to pay bonds "6 Bonds registered 36 Bonds for school districts created by special act 36 CITY AND TOWN INDEPENDENT DISTRICTS Cities, towns and adjacent territory organized as independent districts — gov- erned by 36-37 Attachment of territory 37-38 School district body corporate 39 Duration of school 39 School election — when held , 39 Board of education 40 Oath of members and other officers 40 Bond of clerk and treasurer 40 Meetings of board 40 Report of clerk 40 Report of treasurer 41 Graded and high school 41 Tax levy ,.' 41 Bonds 41 Election called by mayor 41-42 School property pledged for indebtedness 42 Bonds and warrants registered 42 Expenditure of funds regulated 42 No sectarian doctrine 42 Examining committee in cities 43 SCHOOL LIBRARIES Library fund created , 43 County library board 44 Librarian 44 Bookcases shall be provided . • • 44 Library circuits 44 Compensation of members of library board 44 Warrants upon library fund 44 TOWNSHIP HIGH SCHOOLS Election upon 44 Township board of education — duties of . 45 Union of two or more townships 46 Discontinuance of school 46 Meetings of board 46 Tax levy 46 Corporate name and powers 46 Salary of board 46 UNIFORMITY OF TEXT BOOKS County board of education — duties of 47 Provisions of contract for books ' 45> 70 SOUTH DAKOTA SCHOOL LAWS Page Bond of depository , 48 List of books for each school 48 Free text books , 48 Bookcase 48 Books adopted for five years 48 Prohibition on teachers and officers 48-49 PLANS FOR SCHOOL BUILDINGS Plans for school buildings — by whom approved 49 PHYSIOLOGY AND HYGIENE Study of physiology and hygiene in the public schools 49-50 SCHOOL CORPORATIONS Relating to independent school districts 50 Certain laws repealed 50 MISCELLANEOUS Compulsory education for Indian children 51-52 Compulsory education for the deaf and blind 52-53 Construction and repair of public or school buildings 53-54 Appropriation for Memorial Day 54 Vocal music shall be taught 55 Regulating school district boundaries 55 Fixing limit of taxation 56 School houses used for public meetings 56 Naming of school districts 57 Creating school districts 57 Prescribing election proceedings in independent school districts 57-58 Requiring board of education to publish financial statements 59 Providing for admission of pupils to school for blind 59-60 Relating to county superintendents 61 Placing U. S. flags on public school houses 62 Authorizing purchase of agricultural lands 62-63 Providing for tuition and transportation of school children 63 Relating to common schools 63-65 Constitutional provisions 66 i ) IT) NEWS PRINTING CO. GENERAL JOB PRINTERS Blank Book Makers, Stationers Legal Blanks, Rubber Stamps NO JOB TOO LARGE OR TOO SMALL WE GIVE OUR CUSTOMERS THE BENEFIT OF THE LAT- EST IMPROVED MACHIN- ERY and EXPERT WORKMEN NEWS PRINTING CO. printers anfc Binders ABERDEEN, SOUTH DAKOTA News Printing Co. ABERDEEN, SOUTH DAKOTA i • f AgentS for -yawman & erbe Sectional Filing Cabinets Card Index Systems Sectional Book Gases We carry a Complete Line of Commercial Stationery, Typewriter Supplies, Edison Mimeographs and Supplies, Metal Bodied Rubber Type :: :: :: :: :: :: :: ALL KINDS OF LEGAL, COMMERCIAL, CON. VEYANCING BLANKS. SCHOOL AND TOWN. SHIP BLANKS AND RECORDS :: :: :: :: News Printing Co. ABERDEEN, SOUTH DAKOTA ' y' ■ if LAW LIBRARY ERSITY OF CALIFORNI LOS ANGELES ) I Monwf octurad by K JftA YLQRD BROS. Inc. * i Syrocww. N.Y. 3 | S tockton, C«W. 3j * ■!«■■■ i i 1 1 man i pair ** 000 222 338