I,' 1 UC-NRLF B 2 Tfil bl3 / ^ /^ DEPARTMENT OF EDUCATION STATE OF ALABAMA !l|i |l» GENERAL PUBLIC SCHOOL LAWS MARCH 1. 1919 • OewN HINTIN* OO. MOHTSOHCHY. GIFT OF l-l- — » »-1-J — ,2 — 1_\ — J_^_-l_^, , DEPARTMENT OF EDUCATION STATE OF ALABAMA GENERAL PUBLIC SCHOOL LAWS MARCH 1. 1919 SPRIGHT DOWELL, Superintendent of Education BROWN PRINTINQ CO. MONTGOMFtir. . . ..♦. v. ; ••• ^ 3 Kv^ STATE DEPARTMENT OF EDUCATION ADMINISTRATION Spright Dowell, State Superintendent of Education Montgomery Jas. N. Gunnels, Chief Clerk Montgomery T. L. Head, Bookkeeper Montgomery M. B. Bishop, Bookkeeper Montgomery Aline Farnham, Stenographei' Montgomery Mrs. Pearl M. Jones Montgomery SUPERVISION J. B. Hohdy, Rural School Agent Montgomery J. S. Lambert. Rural School Agent Montgomery Rose Sahel, Stenographer Montgomery Jas. S. Thomas, High School Inspector University TEACHER-TRAINING R. E. Tidwell, Director of Institutes Montgomery Elberta Taylor, Conductor of Institutes (for white) Montgomery Clutie Bloodworth, Conductor of Institutes (for white) Montgomery Claytie Thornton, Conductor of Institutes (for white) Montgomery G. W. Trenholm. Conductor of Institutes (for negroes). ...Montgomery Edith Garrott, Conductor of Institutes (for negroes) Montgomery CERTIFICATION OF TEACHERS Spright Dowell, President, Board of Examiners ....Montgomery John B. Clark, Secretary, Board of Examiners Montgomery Kate McLemore, Member, Board of Examiners Montgomery Sadie Frank, Stenographer ._. Montgomery STATE TEXTBOOK COMMISSION Governor Thomas E. Kilby, Chairman Montgomery Superintendent Spright Dowell, Secretary Montgomery Olive J. Dodge Mobile M. D. Pace Troy H. L. Upshaw Eufaula C. W. Daugette Jacksonville G. M. Barnett LaFayette C. C. Johnson. ; Marion E. P. Murphy Gadsden J. M. Atkinson Athens Lula Bradford Birmingham J. W. Letson Jasper « • > * , PUBLIC SCHOOL LAWS OF ALABAMA CHAPTER 41, CODE 1907. ARTICLE 1. PUBLIC SCHOOL FUND. 1678. (3539) (MS) Appropriations for public schools. For the maintenance of a system of public schools of the State the following sums of money are hereby appro- priated for every scholastic year, to-wit: 1. The annual interest at six per cent on all sums of money which have heretofore been or which may here- after be received by the State, as the proceeds of sales of lands granted or entrusted by the United States to the State, or to the several townships thereof, valueless six- teenth section fund, and school indemnity fund for school purposes. 2. The annual interest at four per cent on that part of the surplus revenue of the United States deposited with the State under the act of Congress approved June 23, 1836. 3. All annual rents, incomes, and profits or interest arising from the proceeds of sales of all such lands as may hereafter be given by the United States, or by this State, or by individuals, for the support of the public schools of the State. 4. All such sums as may accrue to the State as escheats the same to be applied to the support of the public schools during the scholastic year next ensuing the receipt in tha State treasury. 5. The net amount of poll tax that may be collected in the State ; poll tax collected in every county to be retained therein for the support of the public schools thereof and distributed and disbursed as provided in this chapter. 6. Licenses which are by law required to be paid into the school fund of any county to be promptly paid by the 478899 >• • • 4 PUBLIC SCHOOL LAWS OF ALABAMA * judge of probate or other person collecting the same to the county superintendent of education and to be ex- pended for the benefit of the public schools of each county. 7. A further sum of five hundred thousand dollars ($500,000.00) annually for every scholastic year; pro- vided, however, that there is hereby appropriated the additional sum of one hundred thousand dollars ($100,- COO.OO) annually if in the judgment of the governor of Alabama the financial condition of the State treasury will permit of such additional appropriation. That the provisions of this act shall become effective October 1st, 1911. Provided, that the annual excess of the appropriation herein made over the appropriation ■carried by existing laws,* viz. : The sum of two hundred and fifty thousand dollars ($250,000.00) per annum, shall be paid only on the approval of the governor, who, as the state of the treasury in his opinion may warrant, may approve the same in whole or in part from time to time ; provided, that if the governor shall fail to approve in any year the full amount of the appropriation made for that year he may, if the condition of the treasury war- rant, approve in any subsequent year or years the differ- ence between the amount appropriated and that paid. Note — In addition to the sources of school revenue above enumerated, there is annually levied, by Constitu- tional requirements, for the maintenance of the public schools, a tax of thirty cents on each one hundred dollars assessed valuation of taxable property. 1679. (3540) (944) When appropriations accrue, placed to the credit of educational fund. — All such appro- priations, except the poll tax, shall accrue to the educa- tional fund on the first day of October, in each year ; and on that day the State auditor shall place to the credit of that fund, on the books in his office, all such amounts as accrue thereto from the sources in this article mentioned, except the poll tax, for the scholastic year beginning on that day. ♦The appropriation carried by existing laws is $350,000. PUBLIC SCHOOL LAWS OF ALABAMA 5 ARTICLE 2. OFFICERS AND BOARDS OF PUBLIC SCHOOLS. 1680. (3541) (945) Officers and hoards of adminis- tration of public schools. — For the administration and government of public schools in this State, there are the following officers and boards of education : 1. The superintendent of education. 2. A county superintendent of education in each coun- ty. 3. Three district trustees in each school district. 4. One county board of education ; constituted as here- inafter provided. ARTICLE 3. SUPERINTENDENT OF EDUCATION. 1681. (3542) (946) Term of office; salary.— "The Superintendent of Education" holds office for the term of four years from the time of his installation in office, and until his successor is elected and qualified, and shall receive a salary of three thousand dollars per annum, payable in monthly installments, on the last day of each month, and shall not be eligible as his own successor. 1682. (3543) (947) Oath of office and bond.— Be- fore entering upon the duties of his office, he shall take oath of office prescribed by the constitution, and shall also give bond, with sureties to be approved by the gover- nor, in the sum of fifteen thousand dollars, conditioned faithfully to discharge the duties of his office so long as he shall remain therein, or perform any of the duties thereof; and such bond shall be filed in the office of the secretary of State. 1683. (3544) (948) Office and books, papers and records. — He shall have an office at the capitol of the State, where the bonds, papers and records of his office 6 PT'BLIC SCHOOL LAWS OF ALABAMA shall be kept, and where he shall give attendance when not absent on official business; and it shall be the privi- lege of all persons interested to have access, at all proper hours, to the books, papers, and records of the office. 1684. (3545) (949) Clerks and their salaries. — He is authorized to employ a chief clerk, two bookkeepers, and a stenographer for service in his office; and such clerks shall be allowed salaries as follows: The chief clerk, eighteen hundred dollars per year; the two book- keepers, fifteen hundred dollars per year each ; the stenog- rapher, seven hundred and fifty dollars per year, to be paid as the salaries of other department clerks are paid. 1685. (3546) (950) Duties of the superintendent of education. — The duties of the superintendent of education shall be as follows : 1. He shall devote his time to the care and improve- ment of the common schools, and the promotion of public education, and shall exercise a general supervision over all the educational interests of the State ; and to this end he shall have power to require from the county superin- tendent of education, township and district trustees of public schools, and all other school officers, all such re- ports and information relating to the educational fund, or the condition of the schools and the management thereof, as he may deem important, or as may be pre- scribed by law ; and he may remove from office any such officer, except the county superintendent, for failure to make such report, give such information, or discharge any other official duty. 2. He shall annually, as far as practicable, visit every county in the State, for the purpose of inspecting the schools and their management, the accounts of county superintendents of education, and other school officers, and for diffusing as widely as possible, by personal address and personal communication, information as to the importance of public schools and the best method for their management; and he shall encourage and assist at organizing and conducting teachers' and superintendents' institutes. PUBLIC SCHOOL LAWS OF ALABAMA 7 3. He shall make provisions for instructing all pupils in all schools and colleges supported, in whole or in part, by public money, or under State control, in hygiene and physiology, with special reference to the effects of alco- holic drinks, stimulants, and narcotics upon the human system. 4. He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part, by public moneys, or under State control, in the constitu- tion of the United States and the constitution of the State of Alabama. 5. He shall annually apportion the public school funds to the several counties, and the county board of education shall apportion the same to the school districts as required by section 256 of the Constitution, and shall see to the proper disbursement of the same; and to this end he shall keep an accurate account with all officers who may be custodians or disbursers of the school fund, or any part thereof. 6. He shall prepare all forms and have printed and distributed all such blanks as may be necessary; or as may be required by law, in the administration of the public school system. 7. He shall furnish the county superintendents and other school officers all necessary books for keeping their accounts and records, to be and remain public property; and he shall prescribe a uniform system of keeping such accounts and records. 8. He shall take receipts for all such books so fur- nished by him to school officers, and such officers shall take good care thereof, and turn them over to their suc- cessors in office. 9. He shall keep a debtor and creditor account with each township, or other school district in the State, of all funds accruing thereto for educational purposes. 10. He shall keep an accurate account of the capital of all sixteenth-section or other trust funds, to which each township or school district may be entitled, show- ing whence and when such funds were derived. 11. He shall preserve in his office all bonds of school officers and others required to be filed therein. 8 PUBLIC SCHOOL LAWS OF ALABAMA 12. He shall cause suits to be instituted and prosecuted against all defaulters to the educational fund, and for this purpose may employ attorneys ; but he shall not have power to contract to pay such attorneys out of the educa- tional fund more than ten per cent of the amount recov- ered by them in such suits ; and of such fund he may pay such lawful costs as may be taxed against him as superin- tendent of education, in case he is cast in any such suits. 13. He shall, by correspondence, exchange of official reports, and other proper means, elicit information rela- tive to the system of public education in other states and countries, and disseminate all useful knowledge regard- ing the same among the county superintendents and other school officers in the State. 14. He shall collect in his office such school books, ap- paratus, maps, charts and specimens of improved school furniture as can be obtained without expense to the State. 15. He shall prepare and have printed in pamphlet form by the public printer, all laws, rules, and regulations pertaining to the public school system of the State, in- cluding therein the Constitution of the United States and the Constitution of the State of Alabama, and cause the same to be distributed among the county superin- tendents of education, and other officers connected with the school system, for the information of those interested in the educational interests of the State. 16. He shall perform such other duties as are, or may be, prescribed by law. 1686. (3547) (951) Report to governor; contents. — He shall also, annually, on or before the first day of De- cember, report to the governor in writing — 1. A brief history of his labors. 2. An abstract of the reports received by him from the county superintendents of education, exhibiting the con- dition of the public schools. 3. Estimates and accounts of expenditures of school money. 4. An itemized statement showing how the contingent fund of his department and all other special funds or ap- propriations under his control have been disposed of. PUBLIC SCHOOL LAWS OF ALABAMA 9 5. Such recommendations as he may desire to make for the improvement of the school system, and the care and increase of the educational fund. 6. All such other matters relating to his office and to the public schools as he shall deem expedient to communi- cate. 1687. (3548) , (952) Report to be printed and dis- tributed. — The governor shall, when such report is laid before him, direct the superintendent of education to have printed in the same manner and upon the same con- ditions as other printing is done, during the recess of the Legislature, a sufficient number of copies of the re- port to supply the county superintendents and district trustees of public schools, and other school officers, and for the usual exchange with other States, and with the leading cities of the United States ; and it shall be the duty of the superintendent of education to distribute the same as indicated in this section. 1688. (3549) (953) Vacancy filled by governor; term, etc., of appointee. — If the office of superintendent of education should at any time become vacant, by death, resignation, or otherwise, the governor shall appoint a suitable person to fill such office for the unexpired term ; and such appointee shall give bond and qualify in the same manner as if he had been elected for a full term. ARTICLE 4. TOWNSHIPS ABOLISHED. 1689. Townships abolished; public schools re-district- ed. — Township lines for school purposes are abolished; provided the inhabitants of no township shall be deprived of the sixteenth section or any fund arising therefrom, or of selling and leasing such lands as provided by law. 10 PUBLIC SCHOOL LAWS OF ALABAMA ARTICLE 5. TOWNSHIPS AND SCHOOL DISTRICTS INCORPORATED. 1690. (3624) (1024) (963) (576) (502) Incorpora- tion of townships. — The inhabitants of each township in the State are incorporated by the name of "Township , of range ," according to the number of the surveys of the United States, and the inhabitants of each school dis- trict are incorporated by the name and number by which it is known or designated. ARTICLE 6. This article is repealed by the act providing for a county boafd of education, approved August 16, 1915, which follows : No. 220.) (S. 129. AN ACT To provide for a county board of education, to pre- scribe the method of election of the members thereof, to define the powers and duties of the board, and to require the boards of education in incorporated cities and towns to make an enumeration of children of school age. Be it enacted by the Legislature of Alabama: Section 1. That from and after the third Saturday in November, 1916, the public schools of each of the several counties of the State, except those in incorporated cities and towns, shall be under the immediate direction and control of a county board of education consisting of five members. The county board of education of each county shall be elected by the qualified electors of the county. All members of the county board of education of any county shall be persons of good moral character with at least a fair elementary education, of good standing in their respective communities, and known for their hon- esty, business ability, public spirit and interest in the good of public education. PUBLIC SCHOOL LAWS OF ALABAMA H Sec. 2. That at the general election of State and county officers in November, 1916, the qualified electors of the county shall elect five members of the county board of education ; and provided that the five persons receiving the highest number of votes from the county at large shall be declared the members of the county board of education ; provided, that the two members of the board so elected receiving the highest number of votes shall hold office for a term of six years ; that the two members receiving the next highest number of votes shall hold office for a term of four years ; and that the member so elected receiving the lowest number of votes shall hold office for a term of two years ; provided further, that at the general election of State and county officers in Novem- ber, 1918, and biennially thereafter, a member or mem- bers shall be elected for terms of six years to succeed those whose term or terms of office shall expire at that time ; provided that any member of the board of education shall hold office until a successor has been elected and qualified. Sec. 4. That the county board of education of each of the several counties, elected as herein provided, shall meet in the office of the county superintendent of educa- tion of the county within ten days after the election of such board or any member thereof, qualify and organize by electing one of its members president. The president shall be entitled to vote on all questions. The county superintendent of education shall be the secretary and executive officer of the board and shall attend all meet- ings of the same, but .he shall not have the right of a vote in the board. Sec. 5. That the county boards of education shall hav6 entire control of the public schools, unless otherwise pro- vided by law, within their respective counties. They shall make rules and regulations for the government of the schools, see that the teachers perform their duties, and exercise such powers consistent with the law as in their judgment will best subserve the cause of education. The board shall have the right to acquire, purchase, by the institution of condemnation proceedings if necessary, lease, receive, hold, transmit, and convey the title to real 12 PUBLIC SCHOOL LAWS OF ALABAMA and personal property for school purposes, except where otherwise provided, by and in the name of the county board of education, to sue and contract, all contracts to be made after resolutions adopted by the board and spread on its minutes and signed by its president. All process shall be executed by service on the executive officer of the board. Sec. 6. In addition to the duties hereinbefore pre- scribed, the county boards of education shall perform the following duties : (1) Select a county superintendent of education, prescribe his duties in addition to those re- quired by law, and the amount of his salary; provided, that no member of a county board of education shall be eligible for election as county superintendent of education during the term for which he was elected as a member of the board of education. (2) Elect a county treasurer of public school funds. (3) Elect to hold office until the next regular election as provided under this act, the suc- cessor to any member of the county board of education whose place may have become vacant by death, resigna- tion, or other cause; provided, that in case the county board fails for a period of thirty days to fill said vacancy, the State superintendent of education shall have authority to appoint a member to fill the same. At the next general election held in November, a successor shall be elected for the unexpired term as provided by section 2 of this act for the election of other members. (4) Select upon the nomi- nation of the county superintendent of education, assist- ant superintendents, supervisors and such office force as may be necessary, and fix their salaries. (5) Select teach- ers for the several schools of the county upon nomination of the county superintendent of education, fix their sal- aries, erect, repair and furnish schoolhouses, fix all wages of employees, determine all incidental expenses, and have entire control of the public school funds of the county, except as otherwise provided by law. (6) Fix the boundaries of school districts and locate schools with ref- erence to convenience, efficiency and economy. (7) Con- solidate schools and provide for the transportation of pupils at public expense. (8) Upon the agreement of the board of education of adjoining counties, authorize PUBLIC SCHOOL LAWS OF ALABAMA 13 a child residing in one county to attend school in another county, and it shall be permitted to do so when the school in the other county is nearer than any school in its own. county; upon the request of parents or guardians, a city board of education and a county board of education may make any just and equitable arrangement for the attend- ance of the children of the city at the schools of the county, and for the attendance of the children of the county at the schools of the city, and they shall do so when it can be done without injury to the schools of either the county or the city, (9) Control the public school funds as provided by law. (10) Appoint for every school in the county discreet, competent and reliable per- son or persons of mature years, not exceeding three in number, residing near to the schoolhouse, and having the respect and confidence of the people of the community, to serve as trustee or trustees of the school, to care for the property, and to look after the general interests of the school, and to make to the county board of education, through the county superintendent of education, from time to time, reports of the progress and needs of the schools, and of the will and sentiment of the people in regard to the school; but such person or persons shall not be paid for such service out of the public school funds. (11) Enforce compulsory attendance as required by law. (12) Act as promptly as possible on cases of appeal by pupils suspended by teachers. (13) Dismiss county super- intendents, assistant county superintendents, and teach- ers for incompetency, improper or immoral conduct, or inattention to duty, or whenever in their opinion the best interests of the school may require. (14 Select resident persons to enumerate the scholastic population of all chil- dren between the ages of seven and twenty-one years as provided by law, and to require that in enumerating the scholastic population, the name of the child, the name of the parent or guardian, the age of the child, the school to which it belongs and the distance to the nearest school, be recorded, and also the fact as to whether the child is able to read and write. White children and negro chil- dren shall be reported in separate lists, and in any town or city maintaining a public school system, the board of 14 PUBLIC SCHOOL LAWS OF ALABAMA education of that incorporated city or town, is hereby empowered and required to enumerate the scholastic pop- ulation of that city or town, as provided by law; and in addition to giving the name of the child, and the name of its parents or guardians, and stating whether the child can read and write, the. name of the street and the number of the house in which it resides shall be given. Sec. 7. The members of the county board of education shall receive from the public school funds of the county their actual traveling and hotel expenses incurred in at- tending meetings of the board; provided that such ex- penditures shall be allowed for not more than twelve meetings in any one year. The members of the county board shall be paid in like manner as provided for the compensation paid to teachers; provided, that they shall not be required to hold State teachers' certificates. Coun- ty superintendents shall be paid a minimum salary of $1,000 a year and after September 30, 1915, shall engage in no other form of remunerative work. Sec. 8. All laws or parts of laws in conflict with the provisions of this act, except such as make provision for local taxation for school purposes, are hereby repealed, and in case any part of this law is declared unconstitu- tional, the parts not so declared unconstitutional, shall remain in full force and effect as the law of the State. Approved August 16, 1915. No. 495.) (S. 598. AN ACT To amend section 1355 of the Code of Alabama of 1907. Be it enacted by the Legislature of Alabama: That section 1355 of the Code of Alabama of 1907 be and the same is hereby amended so as to read as follows : 1355 — Cities having a population of 2,000 and less than ^,000 inhabitants shall have a board of education con- sisting of five members which shall be elected by the ni ■ ■ SEP 2 81979 UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DD6, 40m, 3/78 BERKELEY, CA 94720 y^ ^^.^. 1 1 478899 UNIVERSITY OF CAUFORNIA LIBRARY ;:^ri50ii-i :ni;i}ii§i-::;'liit I i •■l=li!iiii!^;:| f!ini;;i;i;:'iii i^^